Terms of Use
1. Your Use and Acceptance.
Your use of this website (collectively, including all content and functionality available through the InsightOutpost.com domain name, the "InsightOutpost Website", or "Website") is governed by these terms and conditions (the "Terms of Use") and InsightOutpost's Privacy Policy, which may be found at http://www.InsightOutpost.com/privacy and is incorporated here by reference. If you do not agree to any of these terms or the InsightOutpost Privacy Policy, please do not use the InsightOutpost Website.
We may attempt to notify you when major changes are made to these Terms of Use or the Privacy Policy. However, you should periodically review the most current version of the Terms of Use on our website at http://www.InsightOutpost.com/terms. InsightOutpost may, in its sole discretion, modify or revise these Terms of Use and the Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. InsightOutpost Website and Third Party Websites
These Terms of Use apply to all users of the InsightOutpost Website, whether you have or have not submitted material (“User Submissions”) or opened an account.
The InsightOutpost Website may contain links to third party websites that are not owned or controlled by InsightOutpost. InsightOutpost has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, InsightOutpost will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve InsightOutpost from any and all liability arising from your use of any third-party website.
We encourage you to read the terms and conditions and Privacy Policy of each other website that you visit.
3. InsightOutpost Accounts
In order to access some features of the Website, you will have to create an InsightOutpost account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify InsightOutpost immediately of any breach of security or unauthorized use of your account, and you may not use another's account without permission. InsightOutpost will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses of InsightOutpost or others due to such unauthorized use.
4. User Submissions
- As an InsightOutpost account holder you may submit only textual content of which you are the rightful copyright owner or copyright licensee ("Original Material") and comments of which you are the author (“User Comments”). Original Material and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, InsightOutpost does not guarantee any confidentiality with respect to any User Submissions.
- You retain all of your ownership or licensee rights in your User Submissions. However, by submitting User Submissions to InsightOutpost, you hereby grant InsightOutpost a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the InsightOutpost Website and InsightOutpost's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the InsightOutpost Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the InsightOutpost Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in Original Material terminate within a commercially reasonable time after you remove or delete your Original Material from the InsightOutpost Website. You understand and agree, however, that InsightOutpost may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize InsightOutpost to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
- In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant InsightOutpost all of the license rights granted herein.
- InsightOutpost does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and InsightOutpost expressly disclaims any and all liability in connection with User Submissions. InsightOutpost does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and InsightOutpost will remove all Content (defined below) and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. InsightOutpost reserves the right to remove Content and User Submissions without prior notice.
5. User Conduct
As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or for any other purpose not reasonably intended by InsightOutpost. By way of example, and not as a limitation, you agree not to use the Website:
- to abuse, harass, threaten, impersonate, or intimidate other InsightOutpost users;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any InsightOutpost user; and
- with the intention of artificially inflating or altering the score or ‘snap count’ of any User Submissions or the ‘talent scout’ rating of any user, or participating in any other organized effort that in any way artificially alters the results of InsightOutpost’s services.
6. Account Termination Policy
- InsightOutpost will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer of copyrights, trademarks, rights of publicity or any other proprietary rights.
- InsightOutpost reserves the right to decide whether User Submissions and User Comments are appropriate and comply with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. InsightOutpost may remove any Content or User Submissions, or deactivate any InsightOutpost account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
To report Terms of Use abuse, please email: TOU@insightoutpost.com
7. Permitted and Restricted Uses
InsightOutpost hereby grants you permission to access and use the Website according to these Terms of Use, provided that:
- You agree not to distribute in any manner or medium any part of the Website, including but not limited to User Submissions, without InsightOutpost's prior written authorization.
- You agree not to alter or modify any part of the Website, including but not limited to any of InsightOutpost’s technologies that are made available to you on or through the Website.
- You agree not to access User Submissions or InsightOutpost Content through any technology or means other than by the technological means provided to you on or through the Website.
- You agree not to use the Website, including the technologies that are made available to you on or through the Website, for any of the following commercial uses without the prior written authorization of InsightOutpost:
- the sale of advertising, on the InsightOutpost website or any third-party website, targeted to the content of specific User Submissions or InsightOutpost content;
- sale of access to the Website or any technological means provided to you on or through the Website on another website; and
- use of the Website or any technological means provided to you on or through the Website, for the primary purpose of gaining advertising or subscription revenue.
- The following commercial uses are not prohibited:
- uploading Original Material (defined below) to InsightOutpost to promote your business or artistic enterprise;
- using any technological means provided to you on or through the Website to show Original Material (defined below) submitted to InsightOutpost on an ad-enabled blog or website, provided the primary purpose of using the technological means provided to you on or through the Website is not to gain advertising revenue or compete with InsightOutpost; and
- any use that InsightOutpost expressly authorizes in writing.
- You agree not to use or launch any automated technologies, including without limitation, "robots," "spiders," or "offline readers," that access the Website in a manner that sends more request messages to the InsightOutpost servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, InsightOutpost grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. InsightOutpost reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
- In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.
- InsightOutpost reserves the right to discontinue any aspect of the InsightOutpost Website at any time.
8. Your Use of Content and User Submissions
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content and User Submissions on the InsightOutpost Website.
- The content on the InsightOutpost Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to InsightOutpost, subject to copyright and other intellectual property rights under the law. Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. InsightOutpost reserves all rights not expressly granted in and to the Website and the Content.
- You may access User Submissions for your information and personal use solely as intended through the provided functionality of the InsightOutpost Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by InsightOutpost on the InsightOutpost Website for that User Submission.
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the InsightOutpost Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the InsightOutpost Website or otherwise as prohibited under this Agreement.
- You may access InsightOutpost Content, User Submissions and User Comments and other content only as permitted under this Agreement. InsightOutpost reserves all rights not expressly granted in and to the InsightOutpost Content and the InsightOutpost Website.
- You agree to not engage in the use, copying, or distribution of any of the Content, User Submissions or User Comments obtained through the Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the InsightOutpost Website or features that prevent or restrict use or copying of any Content, User Submissions or User Comments or enforce limitations on use of the InsightOutpost Website or the Content, User Submissions or User Comments therein.
- You understand that when using the InsightOutpost Website, you will be exposed to User Submissions from a variety of sources, and that InsightOutpost is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against InsightOutpost with respect thereto, and agree to indemnify and hold InsightOutpost, its Owners, Operators, affiliates, and/or licensors, harmless to the fullest extent
9. Digital Millennium Copyright Act
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If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to InsightOutpost’s Copyright Agent at the address below:
Attn: Copyright Agent
Sagebrush Media LLC
PO Box 1334
NYC NY 10163
Email: DMCA@insightoutpost.com
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to InsightOutpost customer service at support@insightoutpost.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
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Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, InsightOutpost may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at InsightOutpost's sole discretion.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE INSIGHTOUTPOST WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INSIGHTOUTPOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. INSIGHTOUTPOST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INSIGHTOUTPOST WEBSITE. INSIGHTOUTPOST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INSIGHTOUTPOST WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INSIGHTOUTPOST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL INSIGHTOUTPOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INSIGHTOUTPOST WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT INSIGHTOUTPOST SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by InsightOutpost from its facilities in the United States of America. InsightOutpost makes no representations that the InsightOutpost Website is appropriate or available for use in other locations. Those persons who access or use the InsightOutpost Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Indemnity
You agree to defend, indemnify and hold harmless InsightOutpost, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the InsightOutpost Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the InsightOutpost Website.
13. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the InsightOutpost Website is not intended for children under 13. If you are under 13 years of age, then please do not use the InsightOutpost Website.
14. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by InsightOutpost without restriction.
15. General
You agree that: (i) the InsightOutpost Website shall be deemed solely based in New York; and (ii) the InsightOutpost Website shall be deemed a passive website that does not give rise to personal jurisdiction over InsightOutpost, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and InsightOutpost that arises in whole or in part from your use of the InsightOutpost Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Use, together with the Privacy Policy at http://www.InsightOutpost.com/privacy and any other legal notices published by InsightOutpost on the Website, shall constitute the entire agreement between you and InsightOutpost concerning the InsightOutpost Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and InsightOutpost's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. InsightOutpost reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the InsightOutpost Website following any amendment of these Terms of Use or the Privacy Policy will signify your assent to and acceptance of their revised terms. YOU AND INSIGHTOUTPOST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INSIGHTOUTPOST WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
