By using or accessing any portion of CURRENT Communications Services, LLC’s (“CURRENT” or “us”) web site (“Site”), or using any services or information CURRENT provides through its web site, you indicate your agreement to be bound by all of the terms and conditions of these Terms of Use (“Terms”). These Terms apply to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with CURRENT for other products or services. If you register for and/or use any additional services or features that may be offered on our Site, additional rules, policies, and disclaimers may apply.
If you utilize the Service in a manner inconsistent with the Terms, CURRENT may (a) terminate or block your access to the Site without notice, and/or (b) seek any additional relief CURRENT deems proper based on the circumstances of your misuse.
PRIVACY AND ACCEPTABLE USE POLICIES
You agree to comply with CURRENT’s Acceptable Use Policy (“AUP”). You also understand that CURRENT or its affiliates may collect, disclose or otherwise use certain information obtained from users of the Site or of other services provided by CURRENT or its affiliates, and agree that the use of such information will be governed by CURRENT’s Privacy Policy. CURRENT’s AUP, Privacy Policy and other policies may be found at http://www.current.net/OurPolicies.
AMENDMENTS TO TERMS OF USE
CURRENT reserves the right, in its sole discretion, to revise, amend or terminate these Terms without further notice and at any time. Notice of any revision, amendment, or modification will be effective immediately upon posting on the Site at: http://www.current.net/OurPolicies. Your continued use of the Site after any such changes signifies your acceptance of the new Terms.
CURRENT DOES NOT CONTROL INTERNET CONTENT
The Site may provide links to, or may provide automated search results that link to, other web sites which are not under our control. We also may provide links to portions of our Site on which third parties can post information or materials of their own choosing, over which we do not exercise control. Such links or postings do not imply any affiliation with these web sites, and are not intended as an endorsement by CURRENT of the organization or individual operating or posting to a web site or a warranty of any type regarding the web site, the information on the web site, or the site’s compliance with any local, state or federal law.
INTELLECTUAL PROPERTY
You agree that all information and materials available on the Site (“Content”) are protected by copyrights, trademarks, service marks, patents, or other laws or proprietary rights. Use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited.
Copyrights: All materials on this Site, including, without limitation, logos, design, text, graphics, software, other files, and the selection and arrangement thereof are protected by copyrights which are owned or licensed by CURRENT, or otherwise used with permission by CURRENT. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other site owned or operated by CURRENT without the prior written permission of CURRENT. Any modification of the Content or any portion thereof, or use of the Content for any other purpose constitutes an infringement of CURRENT's copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from CURRENT.
Trademarks: The Content includes trademarks belonging to CURRENT and its affiliates, and may also include names and brands claimed as the property of others. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of CURRENT or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of CURRENT, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CURRENT.
GRANT OF LIMITED LICENSE IN SUBMITTED CONTENT
By posting, submitting, or otherwise providing any ideas, submissions, concepts, or other content in any form or manner, or by transmitting bulletin board postings, e-mail, or other messages, all whether unsolicited or solicited (collectively “Submitted Content”), to CURRENT or for inclusion on the Site, you:
1. Grant CURRENT and its affiliates and licensees a worldwide, royalty-free, and nonexclusive, unrestricted, perpetual license to use, display, perform, reproduce, promote, modify, adapt, distribute and have distributed, transmit, and publish the Submitted Content in any form, anywhere and for any purpose, specifically including, but not limited to, displaying, distributing, and promoting CURRENT and the Site and other advertising and promotional purposes. No credit or compensation is due to you for such use. CURRENT also has the right, but not the obligation, to use your name, city and state in connection with broadcast, print, online or other use or publication of your Submitted Content.
2. Warrant and represent that you own or otherwise control any and all rights in and to the Submitted Content, and that public posting and use of the Submitted Content by CURRENT will not infringe or violate the rights of any third party in any manner.
You understand that by using the Site, you may be exposed to information or materials that are offensive, indecent, or objectionable to you. CURRENT may, at its sole discretion, monitor and prescreen Content and Submitted Content, and reserves the right (but has no obligation), in its sole discretion, to refuse, move, edit, or delete any Content or Submitted Content without prior notice that is deemed to violate these Terms or is otherwise objectionable. You agree to evaluate, and bear all risks associated with, the use of any Content and/or Submitted Content, including any reliance on the accuracy, completeness, or usefulness of such information or materials. You acknowledge that the Site is "public," and in addition to the license granted to CURRENT herein, other users will have access to your Submitted Content and may copy, modify, or distribute it.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
CURRENT’s policy is to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”) and all other laws, rules and regulations protecting intellectual property. The DMCA permits copyright owners to contact CURRENT’s designated agent to report alleged infringement by material posted by a third party on a web page hosted by CURRENT, or on a page to which our Site links. Upon receiving a notice of alleged infringement that satisfies the DMCA’s requirements, CURRENT will remove or block access to the material that is the subject of the allegation. If CURRENT removes or blocks access to allegedly infringing material, we will attempt to contact the owner(s) or administrator(s) of the affected web page(s) or site(s), and such persons may then make a counter notification pursuant to the DMCA. CURRENT will not be a party to disputes over alleged copyright infringement.
To file a notification of claimed infringement with CURRENT pursuant to the DMCA, you must submit a written notice to CURRENT’s designated agent:
Jay Birnbaum
Senior Vice President and General Counsel
CURRENT Group, LLC
20420 Century Boulevard
Germantown, MD 20874
Fax: 301.944.2705
jbirnbaum@currentgroup.com
Any notification of claimed infringement must:
1)include a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2)identify the copyrighted work you claim has been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, provide a representative list of such works;
3)identify the material that you claim infringes on your copyrighted work and that you wish to have removed or blocked, including information reasonably sufficient to permit CURRENT to locate the material, reference or link;
4)provide information reasonably sufficient to permit CURRENT to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be reached;
5)include a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6)include 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.
In order to file a counter notification with CURRENT, you must submit a written notice to our agent listed above . Any counter notification must:
1)include your physical or electronic signature;
2)identify the material that has been removed or blocked, and the location at which the material appeared before it was removed or blocked;
3)include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material removed or blocked;
4)include your name, address, and telephone number;
5)include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or if your address is outside of the United States, for any judicial district in which CURRENT may be found); and
6)include a statement that you will accept service of process from the person who provided CURRENT with the notification of claimed infringement that led to the material in question being removed or blocked or an agent of such person.
USER CONDUCT
By using the Site, you agree:
·Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
·Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
·Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
·Not to use, frame, or utilize framing techniques to enclose any CURRENT trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without CURRENT’s express written consent;
·Not to use meta tags or any other "hidden text" utilizing a CURRENT name, trademark, or product name without CURRENT’s express written consent;
·Not to create or use a false identity on this Site;
·Not to collect or store personal data about others;
·Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and
·Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of another person's privacy, that harms or attempts to harm minors in any way, or that is otherwise in violation of any law.
·You also agree not to post any copyrighted material unless the copyright is owned by you.
In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
LINKS TO CURRENT’S SITE
You may provide a hypertext link to our Site on another web site, provided that: (a) the link must be clearly marked “CURRENT Communications”, (b) the link must direct a user clicking on it to the URL http://www.current.net and not to any other pages within the web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by CURRENT, (e) the link, when activated by a user, must display the site http://www.current.net full-screen and not within a “frame” on the linked web site, and (f) CURRENT may, in its sole discretion, revoke consent to link to our Site at any time. All other hypertext links to the Site must be approved in writing by CURRENT.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless CURRENT and its affiliates, parents, associates, subsidiaries and the like, and their respective officers, directors, and members for any and all claims, losses, demands, suits, liabilities or expenses, including reasonable attorneys’ fees, expenses and court costs that arise from your use or misuse of the Site, or your breach or alleged breach of these Terms.
DISCLAIMER REGARDING ADDITIONAL CONTENT
CURRENT’s Site may include content provided by financial exchanges or other third parties and may be delayed as specified by those parties. CURRENT does not verify any data provided via the Site and disclaims any obligation to do so. CURRENT, its data or content providers, the financial exchanges and each of their affiliates and business partners (i) expressly disclaim the accuracy, adequacy, or completeness of any data provided via the Site and (ii) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. Customer agrees not to copy, modify, reformat, download, store, reproduce, reprocess or redistribute any data or information found on the Site or use any such data or information in a commercial enterprise without obtaining prior written consent. All data and information is provided "as is" for personal informational purposes only, and is not intended for trading purposes or advice. A broker or financial representative should be consulted to verify pricing before executing any trade.
NO WARRANTY
CURRENT disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material via the Site, and for any harm resulting from downloading or accessing any information or material on the Internet through the Site. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CURRENT DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. CURRENT MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CURRENT OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY CURRENT OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY. NEITHER CURRENT NOR ITS EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
LIMITATION OF LIABILITY
CURRENT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SITE; YOUR RELIANCE ON OR USE OF INFORMATION OR MATERIAL ON THE SITE; OR ANY MISTAKE, OMISSION, INTERRUPTION, DELETION OF FILES, ERROR, DEFECT, DELAY IN OPERATION OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SITE; THE USE OF THE SITE OR ANY INFORMATION OR MATERIAL ON THE SITE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION OBTAINED, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED, THROUGH THE SITE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF CURRENT, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST CURRENT IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
GOOGLE INC. A THIRD PARTY BENEFICIARY
You agree all of the disclaimers of warranties and limitations of liability provisions contained in these Terms of Use benefit Google Inc., a provider of content and services offered via the Site, to at least the same manner and extent they apply to CURRENT.
TERMINATION OF ACCESS
CURRENT may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including without limitation, breach of these Terms. In the event this agreement is terminated, the restrictions regarding Content appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement will survive any such termination. You agree that CURRENT shall not be liable to you for any termination of your use of, or access to, the Site.
CHANGES TO THE SITE
CURRENT may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products or services available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that CURRENT shall not be liable therefor.
INTERNATIONAL USERS
This Site is controlled, operated, and administered by CURRENT from its offices in the United States of America. CURRENT makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that: (a) you have the power and authority to agree to these Terms; (b) you are at least thirteen (13) years of age; (c) you will not use any rights granted hereunder for any unlawful purpose; and (d) you will use the Site only as set forth in these Terms.
MISCELLANEOUS PROVISIONS
These Terms of Service are governed by the laws of the State of New York without regard to conflicts of law provisions. In the event of a dispute arising out of your use of the Site and/or these Terms, you agree that the exclusive jurisdiction for any claim or action shall be the state or federal courts of New York. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute. Except as may be otherwise provided by law, and action or claim you may have with respect to the Service must be commenced as herein provided within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.
These Terms constitute the entire agreement between the parties relating to the subject matter hereof. Any waiver of any provision of the Terms will be effective only if in writing and signed by CURRENT.
If one or more provisions of these Terms of Service shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. CURRENT will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of CURRENT as reflected in the original provision. The waiver by either party of a breach or compliance with any provision of the Terms shall not operate nor be construed as a waiver of any subsequent breach or compliance.
Version effective: 3/7/08