Last Updated: November 1, 2017
PLEASE READ CAREFULLY.
THE NEW STACK’S OWNERSHIP OF THE SITE AND ITS CONTENT.
The Site, including all text, photographs, graphics, video and audio content contained on the Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and The New Stack (subject to the rights of its licensors) has all rights therein. All individual articles, blogs, videos, content and other elements comprising the Site are also copyrighted works, and The New Stack (subject to the rights of our licensors) has all rights therein. You must abide by all additional copyright notices or restrictions contained on the Site.
YOUR USE OF THE NEW STACK’S CONTENT.
YOUR SITE PARTICIPATION.
- could be considered obscene, lewd, lascivious, excessively violent, harassing, patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- provides any telephone number, street address, email address, or photograph of another person, without that person’s consent, or otherwise constitutes an invasion of an individual’s privacy;
- promotes information that you know is false, misleading, defamatory or libelous;
- violates any intellectual property or other proprietary right (including trade secrets) of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protected devices, or providing pirated music or links to pirated music files; or
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” or involves commercial activities or sales.
We do not prescreen Content posted by users and cannot guarantee the Site will be free from Content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user Content or activities of users on the Site. Even in the event we choose to monitor any user Content, we assume no responsibility for, or any obligation to monitor or remove, such user Content. Notwithstanding the foregoing, The New Stack reserves the right to block or remove Content at any time in our sole discretion.
THE NEW STACK’S USE OF SUBMITTED CONTENT.
By posting or submitting Content on or to the Site (including through social media channels), you grant to The New Stack a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such Content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such Content is not confidential. By posting or distributing such Content, you understand that it may be freely copied and distributed by others without your permission. In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
COPYRIGHT INFRINGEMENT NOTICE PROCEDURE.
The New Stack respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at [email protected] and provide the following information:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located on the Website;
- An address and telephone number where you can be contacted, including an email address if possible;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
PRESERVATION AND DISCLOSURE.
We reserve the right in our sole discretion to (i) delete any of your Content, (ii) restrict your use of all or any part of the Site, and (iii) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting Content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.
REPRESENTATIONS AND WARRANTIES.
THE SITE IS AVAILABLE “AS IS.” THE NEW STACK DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. THE NEW STACK DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE. THE NEW STACK DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THE SITE OR AVAILABLE THROUGH LINKS ON THE SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE. ALTHOUGH THE NEW STACK INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, IT DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. THE NEW STACK IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SITE AND ANY MATERIALS AVAILABLE THROUGH THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY AND DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEW STACK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER THE NEW STACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SITE; (ii) THE SITE OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (iv) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (v) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. ANY CLAIM AGAINST THE NEW STACK SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE.
THIRD PARTY SITES.
The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.
This Agreement shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. Any cause of action or claim you may have with respect to The New Stack or the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.