Last Modified: August 31, 2009
1. Permitted Use of Site. The Site is intended to assist you in fulfilling the mandate, during the ten days between Rosh Hashanah and Yom Kippur, to reflect on where you're at, where you've come from, and where you're heading. During each of the ten days, a new question will be posted on the Site. If you register on the Site, you will be permitted to submit answers to the questions (the “Answers”). The questions and Answers will be sent back to you by us next year before Rosh Hashanah, at which point the process will begin all over again. You must be over the age of 13 to use the Site. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Site or the processes or technology described therein. All such rights are retained by us and/or any third party owner of such rights.
2. The Submitted Content. By submitting the Submitted Content to the Site, you represent and warrant that you own the content therein and or otherwise have the right to confer ownership in the Submitted Content as provided herein. You also represent and warrant that the Submitted Content or the publicationthereof do not and will not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your submission of the Submitted Content and our publication thereof. We will, if possible, remove all Submitted Content from the Site if we are properly notified that such Submitted Content infringes on another person's rights.
The Submitted Content maynot include any content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to us (in our sole discretion), or (ii) links to infringing or unauthorized content.
We reserve the right to remove any Submitted Content at any time for any reason or no reason.
3. Notice and Procedure for Claims of Copyright Infringement. If you believe that the Submitted Content or other material providedon the Site, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement which we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our Copyright Agent at email@example.com(subject line: "DMCA Takedown Request").
You may also contact us by mail or facsimile at:
Attention: Copyright Agent
44 West 28th St. 8th fl, NY, NY, 10001
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the material; (d) how we can contact you, such as your address, telephone number, and email address; (e) 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; and (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to firstname.lastname@example.org purposes other than communication about copyright infringement may not be answered.
5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO $50.