Terms of Service
Hello! You are reading the contract between you and Poeticous. We have tried to be fair and clear. If you have any questions or suggesions, please email us at .
We reserve the right to modify this Agreement at any time by posting a revised Agreement through the Services and you are responsible for reviewing these modifications. Modifications are effective when posted, and your use of the Services following such posted modification constitutes your acceptance of the Agreement as modified.
Use of the Services
No person under the age of thirteen (13) may use the Services or provide any information to Poeticous through the Services (including, for example, a name, address, or email address). You otherwise may only use the Services if you can form a binding contract with Poeticous and are not legally prohibited from using the Services.
Service Changes and Limitiations:
The Services change frequently and their form and functionality usually change without prior notice to you. Poeticous retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Poeticous may also impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability. Poeticous may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, database, or Content (as defined below). Poeticous may also suspend Accounts (as defined below) at any time, in its sole discretion.
Third party advertising on the Poeticous Site:
Unless you are a Premium member, you will see advertising material submitted by third parties on the Poeticous Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
Limitations on Automated Use:
You are not authorized to do any of the following while using the Services: (a) access, tamper with, or use non-public areas of the Services; (b) probe, scan, or test any system or network, or otherwise attempt to breach any security or authentication measures; (c) access or attempt to access the Services by any means (automated or otherwise) other than through our currently available, published interfaces provided by Poeticous (and only pursuant to those terms and conditions), unless permitted by Poeticous' robots.txt file; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Poeticous' express prior consent; (e) use the Services to send altered, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in a way that interferes with or creates an undue burden on the Services.
Registration, Poeticous URLs, and Security
As a condition to using certain parts of the Services, you are required to create an account (an "Account") by providing your name, a valid email address, and selecting a password. Your name will serve as a default URL of the form www.poeticous.com/firstname-lastname (a "Poeticous URL").
You should provide Poeticous with accurate and complete registration information, particularly your e-mail address. Failure to do so may result in suspension of your Account.
You agree that you shall not use as a Poeticous URL a name of another person with the intent to impersonate that person or with the intent to otherwise cause confusion as to the origin of your Account. Poeticous reserves the right to refuse registration of, cancel, or modify a Poeticous URL in its sole discretion.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Poeticous immediately of any actual or suspected loss or unauthorized use of your Account.
Content and Subscriber Content
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, written posts, video, audio, photographs, images, illustrations, animations, logos, tools, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" is all Content that is posted or otherwise provided or transferred to the Services by a Subscriber (including, without limitation, by you); and Content also includes, without limitation, all Subscriber Content.
Subscribers retain ownership of all intellectual property rights in their Subscriber Content, and Poeticous and/or third parties retain ownership of all intellectual property rights in all Content other than Subscriber Content. In other words, you retain ownership of any intellectual property you post to Poeticous. You also agree that you will respect the intellectual property rights of others, and that you have all of the necessary rights for all Subscriber Content you submit to the Services.
Content License to You:
As a Subscriber of the Services, Poeticous grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in accordance with the functionality and restrictions of, the Services.
You agree that you will not post Subscriber Content that violates Poeticous' Community Guidelines.
Termination and Deletion:
On termination of your Account or upon your deletion of particular pieces of Subscriber Content from the Services, Poeticous shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of, or references to the Subscriber Content may not be immediately removed; and (b) such removed Subscriber Content may persist in backups for a reasonable period of time.
Services Available on an "AS-IS" Basis
Your use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, POETICOUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Poeticous makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Poeticous also makes no representations or warranties of any kind with respect to Content; Particularly, Subscriber Content is solely the responsibility of the Subscribers providing that Content. No advice or information obtained from Poeticous or through the Services will create any warranty not expressly made herein.
Release From Liability
To the fullest extent permitted by law, you release Poeticous and its creators from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising in any way connected with the following:
-) Disputes between Subscribers, including those between you and other Subscribers.
-) Third party sites and services, including content found on such sites and services.
-) Disputes concerning any use of or action taken using your Account by you or a third party.
-) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POETICOUS AND ITS CREATORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT POETICOUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
You and Poeticous agree that we will resolve any claim or controversy at law that arises out of this Agreement or the Services in accordance with this Section or as you and Poeticous otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
Either party may terminate this Agreement at any time by notifying the other party. Poeticous may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Poeticous may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to use our Service, your right to use or access our Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Poeticous or any third party.
Effective: January 3rd, 2016.