Terms And Conditions Of Use; DMCA Provisions

Your use of this site by story submission, story commenting and any other use of material hosted on this site indicates your acceptance of the following Terms and Conditions of Use of the disinformation® site at www.disinfo.com and any other linked website(s) owned and operated by The Disinformation Company Ltd. (referred to as “TDC”). These terms and conditions are subject to change without warning, so please review them regularly.

General Liability Notice: The open nature of the site makes it impossible for TDC to vouch for the truth, accuracy or honesty of posts from individual contributors. We are not responsible for any stories or comments posted, nor the consequences of reading them. The views expressed in them are those of the authors, who accept total responsibility for the content of their posts. If you find any posts on this site to be offensive or objectionable, please contact us [link] with the address of the post. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.

General Warranty: TDC will make every effort to ensure the proper operation of the website servers, website software, and the Internet connection to these servers, but cannot guarantee availability. TDC will make every effort to provide a free and open content environment within the boundaries of the Terms and Conditions that does not contain disruptive, abusive, or threatening stories or comments, but cannot guarantee that all such posts will be found and removed within any specific timeframe.

Registration: When you register for our site, the only requirement is a functioning email address to confirm your registration. Your site password will be sent to the address you specify. Your email address will also be subscribed to our email newsletter service for which you can unsubscribe if you wish. The address you provide will never be shared with any other party as specified in our Privacy Policy.

Content that violates these terms and conditions are subject to action that may include, but is not limited to, edits, removal, or account termination.

By posting comments, submitting stories or otherwise contributing content to this site you agree to the following:

1. Posting: You will not post any material that is knowingly false, misleading, or inaccurate. You will not solicit personal information from any member. You will not use information gathered from this website to harass, abuse or harm other people.

2. Offensive Content: You will not post links to images or use avatars and signatures that are offensive, abusive, disruptive and/or hateful. You will not use images, avatars or link to images or domains that contain gore, mutilation, pornography or illegal content. Doing so will result in removal of your post(s) and immediate termination of your account.

3. Obscenity: You will not use excessive profanity on our site, and will neither post with language or content that is obscene, sexually oriented, or sexually suggestive nor link to sites that contain such content. You will also not use common alternative spellings or net-speak alternative for profane words.

4. Intellectual Property: You will not post any copyrighted material, material belonging to another person, material previously posted by you on another website nor link to any copyrighted material without providing proper attribution, as defined by TDC, to its original source. You will not use your postings to promote your own personal website or any other website with which you may be associated.

5. Relevant Content: You will not post stories, comments or other content that are clearly outside of the topics featured on this site nor disrupt the site by deliberately posting repeated irrelevant comments or copies of identical comments (also known as “flooding”). TDC reserves the right to eliminate or edit any content deemed inappropriate for the site. TDC reserves the right to establish limits on topics that may be featured if, in its opinion, those topics attract an audience that is counterproductive to TDCs goals for the site as determined in its sole discretion.

6. Spamming: You will not post identical content, or snippets of identical content, to multiple stories on the site.

7. Language: The dominant language of our users and staff is English. In order to promote a smooth-running environment and fair enforcement of these Terms & Conditions, you agree not to post or chat in any language other than English.

8. Video links/embeds: You will not embed or post a link to a video without a reasonable description of its content and why it interests you.

9. False Content: In the event you post an item that is later determined to be an obvious hoax or of a fraudulent or faked nature, your account may be terminated without warning.

10. Termination: This agreement is effective until terminated by either party. You may terminate this agreement at any time by no longer using or accessing this site and, if applicable, destroying all materials obtained from any and all TDC site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from TDC if in TDC’s sole determination you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other TDC site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. In the event your account or access privileges are terminated for any reason, your information and posts may be removed in TDC’s discretion. Requests for voluntary “account deletion” and removal of your content will not be honored without a reasonable reason, provided in writing, to TDC.

11. Behavior: You will not behave in an abusive, hateful, intolerant, bigoted and/or racist manner, and will not harass, threaten, nor attack anyone.

12. Identity Spoofing: You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting. Doing so will result in removal of your post(s) and immediate termination of your account.

13. Hacking: You will not use this site for the purposes of sharing or distributing viruses, licenses, registration information, software keys, “cracks,” or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems. You will also not link to sites that contains discussion of such material. Doing so will result in removal of your post(s) and immediate termination of your account.

14. Multiple Accounts: You will not create multiple user accounts and “talk to yourself.”

15. Content Copyright: By posting on this site, you relinquish all exclusive copyright privileges to the material you post and you grant TDC non-exclusive, non-revocable rights to publish your posts in perpetuity in all forms in any and all media now know or later invented. TDC has the authority to decide to display your postings or not, and modify your posts to remove offensive material, modify your post title to accurately reflect content, remove vulgar comments, remove insults or delete any other content deemed inappropriate, at TDC’s discretion.

16. Content Distribution: You will not copy material from this site to post on other websites or quote in offline research in a manner that does not comply with the TDC Creative Commons License that specifies the author’s member name as a contributor to disinfo.com, includes The Disinformation Company Ltd. and the member as owners of the content, provides the title of the post, and a full URL for the story on this site.

17. DMCA Enforcement: The terms of our DMCA policy are set forth in Exhibit A below.

18. Advertising: You will not advertise or promote other discussion boards, chat systems, online communities or other websites on our site within posts, avatars or signatures without prior written permission from TDC. You will not choose a username that is the same as a website domain, subdomain, or URL for which you are associated. Doing so will result in removal of your post(s) and immediate termination of your account.

19. Unauthorized Marketing: ATTENTION MARKETERS: You will not engage in efforts of viral or “stealth marketing” on this site without prior approval of TDC. If marketing activity for the promotion of any other commercial entity outside of this site is discovered you agree that you are responsible for paying TDC $20.00 US for each “thread view” of the thread(s) in which your marketing messages are contained. Your acceptance of these Terms & Conditions for contributing to this site signifies your approval of these payment terms.

20. Ad Blockers: As our site is provided as a free service, in part through the income of our advertising, you agree not to use “ad-blocking” software or similar built-in web browser options designed to obfuscate or block online advertising while using the website(s).

21. Personal Responsibilities: At all times, you agree to remain solely responsible for anything found within your comments, stories or other submissions and agree to indemnify and hold TDC, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any material you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of these terms and conditions, or your violation of the rights of another.

22. Unauthorized Access: You will not attempt to access any protected sections of the site, nor make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the site software or to obtain information beyond the allowed features of your account status. Doing so will result in immediate termination of your account.

23. Cooperation: You will, if asked by a representative of TDC, cease posting any content, and/or links to content, deemed offensive, objectionable, or in poor taste by the representative.

24. Disclaimer: This website does not and cannot review all of the content of every comment or story posted and does not accept responsibility for the contents. We reserve the right to delete any material and/or restrict posting rights for any reason whatsoever. Should you continue to post material that violates the rules of the site, your account may be terminated, your access to the site may be banned, and your service provider(s) may be contacted about your behavior. Furthermore, TDC expressly reserves the rights under the law to take any other actions deemed necessary.

25. Disclosure: TDC also reserves the right to disclose any known personal information when required by law or in the good-faith belief that such action is necessary to conform to the law or comply with a legal process served on TDC, protect and defend the rights or property of the TDC domains, or visitors to these domains, identify persons who may be violating the law, the legal notice, or the rights of third parties, and cooperate with the investigations of purported unlawful activities.

26. Neutrality: TDC provides a forum for highlighting and discussing a wide variety of subjects, but does not endorse any particular theory, opinion, viewpoint or position on any topic.

27. No Guarantee, No Warranty: TDC makes no claim or warranty, implied or otherwise, that guarantees the availability of the free services offered under its domains. THE CONTENT AND OTHER MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TDC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TDC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TDC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TDC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

28. Violation: Violation of any aspect of the Terms and Conditions of use are subject to immediate banning of your username/IP from the site and/or the removal of your email/password from the database. You agree that in all disputes of any type regarding any transgression or disagreement with the policies of TDC, the decisions of TDC are final.

29. Jurisdictional Issues: Unless otherwise specified, the materials on the site are presented solely for the purpose of promoting its content and other TDC products in the United States, its territories, possessions and protectorates. This site is controlled and operated by TDC from its offices within the State of New York, United States of America. TDC makes no representation that materials on the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

30. Limitation Of Liability: Under no circumstances, including, but not limited to, negligence, shall TDC be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, even if TDC or a TDC authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall TDC’s total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

31. Other: This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and may not be modified except by a written agreement signed by both parties. All claims, disputes or disagreements which may arise out of the interpretation, performance or breach of this agreement, or in any way relating to your use of this site and any and all other TDC site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the County and State of New York.

EXHIBIT A

Digital Millenium Copyright Act (DMCA) Agent; Digital Millennium Copyright Act

It is the policy of TDC to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws. This Exhibit A describes how to serve a Notice of Infringing Material and what to do if any material you have placed on any TDC sites, including disinfo.com, becomes the subject of such a notice.

Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other laws. The following notice requirements are intended to comply with TDC’s rights and obligations under the DMCA and do not constitute legal advice.

Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable subscriber access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected site, or the uploader of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.

Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.

By using some of our services, you license other customers to copy works you have uploaded into specific sections of those services or sites. Please examine the posted agreements and terms of service in any situations where you and the alleged infringer are each a customer or subscriber to the same service, since you may have granted a license for some or all uses of your works at that TDC site.

If you are a copyright owner or an agent thereof and you believe that any content or link on one of TDC’s sites infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent the following information in writing:

(1) Your physical or electronic signature;

(2) Identification of the copyrighted work or works claimed to have been infringed;

(3) Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites and services;

(4) Information to permit TDC’s agent to contact you: your address, telephone number and email address;

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Designated DMCA Agent

TDC’s designated DMCA Copyright Agent to receive Notices of Infringing Material is:

Gary Baddeley
The Disinformation Company Ltd.
111 East 14th Street, Suite 108
New York, NY 10003

disinformation [at] disinfo.com
Phone: (212) 691 1605

Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.

Account Termination

Some TDC services do not have account holders or subscribers. For services that do, TDC will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact TDC’s agent and provide information sufficient for us to verify that the account holder or subscriber has been determined to be in violation of the DMCA repeatedly.

Counter-Notification

In some instances a customer of one of TDC’s services who has uploaded or posted materials identified as described above may supply a counter-notification. The owner of an affected page or site on one of TDC’s services, or the provider of affected content on one of our services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, we may reinstate the posts or material in question.

To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter-notification may be composed using the PDF forms at ChillingEffects.org