Last updated: 26 Apr 2006
I welcome your comments as a means of sharing your own experiences and views.
To help me on this latest endeavor, this Blog is owned and operated by the Foundation for Enterprise (FED) in conjunction with the FED’s affiliates, licensors, partners, and other pursuant to contractual agreements. By posting content on this Blog, you expressly grant the FED, and its associated, affiliated and related entities, parent, successors, assigns or licensees, the right to use your name in connection with the posted content and the right to use, reproduce, prepare derivative works, perform, display and distribute the posted content in whole or in part in any media now existing or hereafter created in any form, worldwide, and in perpetuity.
The FED is not obligated to moderate the Site, provided, however, that the FED may review all submissions to ensure the exchanges are informative, respectful of diverse viewpoints and lawful.
You agree not to use Dr Beyster’s Blog unless you are at least 18 years of age.
While using Dr. Beyster’s Blog you agree not to:
- Restrict or inhibit any other visitor from using the Site;
- Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on the FED’s or any third party’s intellectual property or other rights;
- Use the Site for commercial purposes or post any information designed to promote or generate revenue for any business activity;
- Transmit any information, software, or other material that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, or the software underlying the Site, or modify any materials downloaded from the Site;
- Modify, copy, or tamper with any other content that you may access through the Site;
- Use any content that you might access through the Site for any reason other than reading such content;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site, or its contents unless otherwise permitted by the FED; or
- Use the Site for any unlawful purpose.
The FED reserves the right at any time to change the terms of this Agreement; or change the Site, including eliminating or discontinuing any content on or feature of the Site. Any changes the FED makes will be effective immediately on notice, which the FED may give either by posting the revised Agreement on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to bookmark this page and to review periodically this Agreement to ensure familiarity with the most current version, as the FED may not provide notification prior to making changes to this Agreement. The “last update” date at the top of this Agreement will assist you in determining whether you have reviewed the most current version.
(1) OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS.
The Site is owned and operated by the FED in conjunction with the FED’s affiliates, licensors, partners, and others pursuant to contractual arrangements. Your modification of the materials (including, without limitation, modification of any Submission for any purpose) or use of the materials for any other purpose is a violation of the FED’s copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
If you download any material that the FED makes available on the Site, such material, including any software, text files, audio files, video files, data files, images incorporated in any material or generated by any software, and data accompanying any software or materials (collectively, the “Downloads”), are licensed on a limited basis to you by the FED (or through the FED by the owner of such Downloads) only for your personal, non-commercial use in connection with your use of the Site as permitted by this Agreement, or to fulfill any obligations you may have under any other agreement that you have or are required to enter into in connection with the Site. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but (as between you and the FED) the FED retains all right, title, and interest in and to the Downloads, and all intellectual property rights therein. You may not sell, decompile, reverse engineer, disassemble, license, or otherwise transfer the Downloads to any third party.
Trademarks, service marks, logos, and/or domain names used on the Site, if any, where not the property of the FED, are the trademarks, service marks, logos, and/or domain names of their respective owners (“Third Party Marks”). You agree that you will not challenge the respective ownership rights of the FED or any third party in or to any trade names, trademarks, service marks, logos, and/or domain names of the FED or its licensors (“FED Marks”), or the Third Party Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the FED Marks or Third Party Marks.
(2) COPYRIGHT INFRINGEMENT.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials the FED hosts infringes your copyright, you (or your agent) may send The FED a notification requesting that the material be removed, or access to it blocked. To be effective, the notification must include the following:
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 the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; and
A statement that the complaining party has 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the FED a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA, including, without limitation, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If the FED receives a proper notification (or if the FED believes in its sole discretion) that any materials submitted by you (including any Submission) allegedly violate another person’s or entity’s rights, the FED reserves the right to withdraw and remove the affected material from the Site, at any time in its absolute discretion.
One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright/. Notices and counter-notices for the Site should be sent to Mary Ann Beyster, President, Foundation for Enterprise Development, 1241 Cave Street, La Jolla, CA 92037, (858) 826-6000, firstname.lastname@example.org. This contact information is for notices of copyright infringement only. The FED suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.
(3) TERMINATION/RESERVING RIGHTS.
The FED reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. The FED reserves the right to limit the availability of the Site or the materials in connection with the Site to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit or change the nature of the Site at any time.
The FED and its affiliates, suppliers, and agents do not warrant that your use of the Site or the Downloads will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Site (or the server(s) that make(s) it available) or Downloads are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume total responsibility and risk for your use of the Site and the Downloads and your reliance thereon. No opinion, advice, or statement of the FED or its affiliates, suppliers, or agents, whether made on the Site, Downloads, or otherwise, shall create any warranty.
The FED neither endorses nor is responsible for any opinion, advice, information, content, or statement made, provided, or displayed on the Site, or on or in any Download. Without limiting the generality of the foregoing, the FED disclaims any warranty that any, Submissions, or other material on the Site is appropriate for any particular audience or reader, or that such material is free of offensive, indecent, obscene, libelous, defamatory or other potentially inappropriate elements or aspects. You acknowledge that the FED does not and cannot review and monitor all material on the Site, and you hereby agree that the FED shall have no liability for any damages or costs that may arise from its publication or your reading of, exposure to, or access to any content on the Site. Under no circumstances will the FED or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on or its publication of such information obtained through the Site. Remember that it is your responsibility to evaluate the accuracy and reliability of any opinion, advice, information, or statement available on the Site.
A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, or to certain Downloads. Although the FED attempts to ensure the integrity of the Site and Downloads, the FED makes no guarantees as to their completeness or correctness.
The Site may contain links to third-party sites. Those third-party sites are not under the control of the FED and the FED is not responsible for the content on any linked site. If you access a third-party site from the Site, then you do so at your own risk. The FED provides links as a convenience, and the inclusion of the link does not imply that the FED endorses or accepts any responsibility for the content on those third-party sites.
(5) LIMITATION OF LIABILITY.
Neither the FED nor its affiliates, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, the Downloads, or any product or service made available through the Site. Your sole remedy for dissatisfaction with any portion of the Site, the Downloads, and/or content contained within the Site is to stop using the Site and/or the Downloads, as applicable.
You shall be fully responsible for any violation of this Agreement. You agree to indemnify, defend and hold the FED, its officers, directors, employees, agents, partners, affiliates, sponsors, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation, any violation of the Terms of Conduct set forth in Section (2); (b) your posting materials on this Site, including, without limitation, allegation that any materials that you submit to the FED or transmit to or post on the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party; (c) your activities in connection with the Site, or the Downloads, and/or (d) your relationship with the FED, or any of its respective partners, affiliates, sponsors, or agent, or any of their employees or representatives.
In the event of any dispute arising out of or in connection with the Site, regardless of the number or identity of defendant(s) or plaintiff(s), such dispute shall be submitted to arbitration in the County of San Diego, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. The arbitrator selected pursuant to this provision shall have at least ten (10) years of related intellectual property experience, be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this Agreement, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any other agreements you may enter into with the FED, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury. Any award favorable to you, if related to any Submission or use of any materials owned or created by you or under your control, shall be limited to the fixing of compensation which shall bear a reasonable relation to compensation customarily paid for similar material, taking into account your creative experience at the time the material was submitted, the nature of the material, and any amount received by you for other material created before the Submission of the disputed material to the FED. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this Agreement, or any other agreement between you and the FED, if any, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section, and in no event will you be entitled to seek injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not enter any Submissions or use the Site.
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You hereby agree to submit to arbitration as set forth in Section (9), in the County of San Diego, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such arbitration or location. If any provision of this Agreement is found to 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 Agreement constitutes the entire agreement between the FED relating to the subject matter described herein and supersedes and any all prior or contemporaneous written or oral agreements between the FED. This Agreement is not assignable, transferable or sublicenseable by you except with our prior written consent, and any such transfer, assignment or sublicense shall be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any notifications or other communications that the FED undertakes to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your registration with the FED. If such email address does not function (e.g., if the FED’S email notice is “bounced back” or is otherwise undelivered or undeliverable), the FED will have no obligation to send you notifications or other communications by other means. Your electronic consent to this Agreement, shall constitute your electronic signature and, according to the provisions of federal law, shall be of the same effect as if you had signed such agreement manually. Your access and use of the Site also constitutes your acceptance of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.