1. User Conduct
You agree to not use the Site in a manner that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, and invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable. You agree that you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to disguise the origin of anything transmitted through the Site. You will not use the Site to transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and you agree that you will not email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party. Your participation in any discussion groups through the Site will not interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
You understand that information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not E. Gerber are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will E. Gerber be liable in any way for your use of the Site, including but not limited to any errors or omissions in any information available from the Site or for any loss or damage of any kind incurred as a result of the use of the Site or any information obtained from the Site. E. Gerber reserves the right to modify, suspend and/or discontinue the Site, at any time, in its sole discretion.
4. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s legal department. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
E. Gerber respects the intellectual property of others, and asks its users and visitors to do the same. E. Gerber will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, E. Gerber will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, and email address and all other information reasonably sufficient to permit E. Gerber to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
E. Gerber Products, LLC.
1720 Belmont Avenue - Suite C
Baltimore, MD 21244
Attention: George Kues, Copyright Claim
By fax: (410) 560-7100
By Email: email@example.com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DIAMOND COMICS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
5. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of sponsors, suppliers, partners or advertisers (collectively “Advertisers”) found on or through your use of the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertisers. You agree that E. Gerber shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such third parties participating on the Site. However we may be privy to and use personal information provided by you to such parties.
7. E. Gerber’s Proprietary Rights
You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or otherwise use the Licensed Content except in connection with your access to and participation in the Site. E. Gerber grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the Site and Licensed Content, including all updates and modifications thereto.
8. Consent and Release
For adequate consideration received, you hereby give E. Gerber, its parent, and their direct and indirect subsidiaries and affiliates and those acting with its authority (collectively, “E. Gerber”) the absolute, unrestricted, irrevocable and worldwide right, with respect to any information concerning you, including your name and biographical and employment information, and any photographic image made of you, or any work product created by you (including text material and photograph), and whether digital or otherwise (collectively, the “Information”):
(a) to display, reproduce, broadcast, publish, edit, modify or prepare derivative works or otherwise use the information, in whole or in part, individually or in connection with, or as a composite of other photographs or other matter, including text, data, images, illustrations, animation graphics, in video or audio segments of any nature, on any of E. Gerber’s marketing materials, websites or in any other public or private medium, including all formats of print, computer readable electronic, magnetic, digital, laser or optical based media (the “Work”) and for any purpose whatsoever, including but not limited to product promotion and advertising (the “Permitted Use”);
(b) to register the copyright of the Information and any Work in E. Gerber’s name or any other names that it may choose; and
(c) to use and permit your name to be used in connection with the Information and any Work, whether an original or modified form as E. Gerber so chooses.
You hereby release and discharge E. Gerber, its agents, employees, officers, shareholders, successors and assigns from any and all claims and demands you may now or hereafter have arising out of or in connection with the Permitted Uses of the Information or any Work, including, without limitation, any and all claims for the right of privacy, publicity, libel or slander and any and all claims and/or demands for royalties associated therewith.
You agree that there shall be no obligation to utilize the authorization granted by you hereunder. The terms of this authorization shall commence on the date this consent and release is transmitted to E. Gerber hereof and will be without limitation. This consent and release shall also inure to the benefit of the legal representatives, licensees and assigns of E. Gerber as well as the person(s) who recorded or otherwise assisted in the publication of the Permitted Uses of the Information and any Work.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIAMOND COMICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE.
(b) DIAMOND COMICS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
DIAMOND COMICS ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION, TIMELINESS, DELETION, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIAMOND COMICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIAMOND COMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY IN ANY DISCUSSION BOARD; OR (v) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW PROACTIVE RELEASE FROM LIABILITY, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows:
1542. (Certain Claims not Affected by General Release). A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. If in any way applicable, the parties agree that the benefits of the provisions in SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR FEDERAL OR STATE STATUTE ARE HEREBY WAIVED by the parties and each of them acknowledge and agree that this release will be delivered in the state of California and that this waiver is an essential and material term of this release.
10. Notice E. Gerber Products, LLC.
Notices to you may be made via either email or regular mail. Notice or other correspondence to E. Gerber should be mailed to:
1720 Belmont Avenue - Suite C
Baltimore, MD 21244
11. General Information