Terms of Service

 

WEBSITE TERMS OF USE

OVERVIEW

Welcome to the www.thecontributor.com website, its out-of-the-box software solution for online community sites (the “Site”), and network of content creators. The following, along with the Privacy Policy, http://thecontributor.com/privacypolicy are terms of a legal agreement (the “Terms”) between you (whether you are a visitor, or an “Owner” or “User” as defined below) and Warecorp, LLP, its parents, subsidiaries, affiliates, successors and assignees (collectively, “The Contributor,” “us,” or “we”). By accessing, browsing, creating an account for or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use the Site.

The material provided by The Contributor and its registered users on the Site is protected by law, including, but not limited to, United States Copyright law and international treaties. The Contributor makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

The Contributor may at any time revise these Terms of Use and any other Terms or information contained in the Site by updating this posting. If The Contributor makes such revisions, you will be notified via a notation that the Terms of Use are new next to the link to the Terms of Use. A notice of the last date of revision will always appear at the bottom of these Terms of Use. Your continued use of the Site shows your consent to any changes to the Terms.

ACCOUNTS

To publish any content on the Site you must create an account. There are two levels of accounts: Contributor and User. A Contributor account is held by the owner of an online website, who wishes to contribute content to The Contributor.com for editorial consideration either directly or via an automated feed from another publication. The Contributor only accepts automated feeds with full stories (no summaries).The contributor may or may not pay Warecorp to host or maintain the site according to the fee schedule, the terms of such arrangements shall be negotiated separately and will not influence editorial decisions about what to publish on the Site. A User account is held by an individual who wishes to comment or otherwise post content to the Site, but does not wish to get paid for it.

When you create your account, we will collect certain information from you. This information must be true identifying information. If you do not provide accurate information, The Contributor reserves the right to terminate your access to the Site. This information will be used to verify your identity, to maintain your login information, and to maintain hosting and maintenance payments for website if Warecorp provides technical services to you, and to distribute payments for advertising revenue generated by content you contribute. We will disclose this information to third parties only as disclosed in the Terms, as required by law, or to protect The Contributor’s own legal interests in the event of a dispute with you.

PERMISSIBLE USE

The Site and all content on the Site, whether created by The Contributor or by your fellow registered users, may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without The Contributor’s prior written consent, except that The Contributor grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial use of the Site. The Contributor further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray The Contributor, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner. The permissions granted in this paragraph are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.

You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way (except as otherwise permitted as an Owner of a Community), including but not limited to non-permitted modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the The Contributor name, trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.

The Site is not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the Site, or access the Site only under the supervision of a parent or legal guardian.  Furthermore, the Site does not knowingly solicit or collect information from children under the age of 13. Should The Contributor learn that it has inadvertently collected information from a child under the age of 13, it will delete that information as soon as possible. If you are the parent or guardian of a child under the age of 13, and you believe we have collected information from that child, please contact us at: info@thecontributor.com

Your failure to comply with the terms, conditions, and notices on the Site will result in automatic termination of any rights granted to you, including termination of your account, if any, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding section, The Contributor does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Special Provisions for Contributors

Contributors represent and warrant that they have the right and title to the content submitted from the source website they identify during account creation. If contributing websites have multiple authors contributing content to them, which, in turn are submitted to The Contributor for editorial consideration, these authors are sublicensees of The Contributor which may therefore use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute Submissions from authors to their source website.  Contributors may, and are encouraged to, create Terms of Use and Privacy Policies for their own websites. However, Terms of Use and Privacy Policies that violate The Contributor’s own Terms of Use and Privacy Policy are both prohibited and invalid to the extent that they violate The Contributor’s own Terms. The Contributor encourages its users to consult with their attorneys to ensure no conflict exists.

DISCLAIMERS REGARDING CONTENT

Information provided by The Contributor on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain inaccuracies or typographical errors. The Contributor assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. If you believe any information provided by The Contributor on the Site is inaccurate or incomplete, please let The Contributor know by emailing info@thecontributor.com.

The Contributor provides no assurances that any reported problems will be resolved, even if The Contributor elects to provide information with the goal of addressing a problem.

The Contributor is not responsible for any content provided by Contributors or Users; each Owner and User is solely responsible for any content he or she submits (collectively “Submissions”).

SUBMISSIONS

If you submit a Submission to the Site or contributing site, The Contributor may, but is not obligated to, display that content on the Site. The Contributor does not and cannot review all Submissions or the content of contributing sites, nor does it take on the obligation to do so under these Terms of Use; nevertheless, The Contributor reserves the right to, but is not obligated to, remove or refuse to publish any Submission or Contributing site at any time in its sole discretion, including but not limited to for violations of these Terms of Use or any representation or warranty contained in these Terms of Use.

By submitting any Submission to the Site or any becoming a Contributing Website, you:

  1. Agree to grant to The Contributor an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute such Submission for any reason, including but not limited to advertising and promoting the Site (including, for example, through screen shots and blogs) and/or our products and services in any format and through any channel now existing or created in the future. You acknowledge that these uses may be commercial in nature and may associate your Submission with a particular advertiser or cause.
  2. Waive any applicable moral rights in your Submission.
  3. Represent and warrant that you are the sole owner and author of the Submission, or that you are otherwise authorized to submit the Submission and give the license granted in paragraph 1 above.
  4. Represent and warrant that The Contributor’s publication of the Submission does not violate any intellectual property rights, publicity rights, privacy rights, contractual rights, or other rights of any person or entity, and that the information contained in the Submission is accurate.

No Submission may contain any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic or sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. No Submission may contain the personal information of any third party, including but not limited to home address, personal email address, or home telephone number, if not a matter of public record; or any Social Security numbers, other government-issued identifying numbers, or financial account numbers whatsoever. No Submission may contain spam, viruses, Trojans, worms, or other harmful content designed to damage the Site, a Community, or the computer or other Internet access device of other visitors to the Site.

REVENUE SHARING

The Contributor will earn money through sponsorships and advertising.  We are committed to returning a portion or our revenue to content creators.  When you create your Contributor Account with The Contributor, you will identify a business representative for the source website or content submission.  If The Contributor chooses to publish your submission on the Site, we will apply advertising in context and as appropriate with your content.  The fact that The Contributor publishes your submission does not guarantee that we will apply advertising to your content or that revenue will be generated from it.

If The Contributor publishes your content and if The Contributor applies revenue-generating content with it, we will distribute revenue according to the following system:

1. Landing pages, including the home page, category landing pages, such as What’s Hot, Around the U.S or others as may be added from time to time, search results, pop-ups, affiliate content publishing relationships, or social sharing will pay 0% to the content creator.

2. 50% of revenue associated with a Content Detail page will be paid to the business owner of the source website identified during Contributor Account creation. A content detail page is a page or pages in which the content creator’s full submission is displayed and attributed, and is accessed through a Landing Page, Search Results, Pop-up or directly from another website.

3. The Contributor will use Google Analytics, or other traffic metrics analysis of its choice, to track page views and impressions of advertising associated with published content.

4. The Contributor will maintain an account for each content contributor that details the number of ad impressions, the total traffic, the total revenue generated from the content and the amount owed the content creator.

5. When the account reaches $50.00, the Contributor may request payment.

6. The Contributor will automatically pay accounts when they reach $300.00.

7. Account Traffic and revenue will be calculated monthly and communicated quarterly unless the payment trigger is reached prior to that time.

8. Contributors may request account status by emailing info@thecontributor.com. However, The Contributor is under no obligation to communicate Account Status outside of the aforementioned email or address inquiries on this topic. We will make every effort to accommodate our content partners but will not typically answer questions about payment on accounts unless extraordinary circumstances dictate.

COMMENTING

You may not use the commenting interface to send content to other Users that is 1) spam or other unwanted direct solicitation; or 2) violates any of the terms governing Submissions, above.

CONFIDENTIAL AND PROPRIETARY INFORMATION

The Contributor does not want to receive confidential or proprietary information from you through the Site, e-mail or other means. Therefore, any information or material sent to The Contributor will be deemed NOT to be confidential. By sending The Contributor any information or material directly, you grant The Contributor an unrestricted, irrevocable and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that The Contributor is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose, without compensation of any sort. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit will be published or otherwise used with your name on it; (c) we are required to do so by law; or (d) we deem it necessary in our sole discretion to defend our own legal interests.

OUTSIDE WEBSITES

The Site may provide links or references to other websites and resources. The Contributor does not own, control, or endorse these third-party websites, and these Terms of Use do not apply to them. The Contributor makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to the Site. A link to a third-party website does not mean that The Contributor endorses the content or use of such website or its owner. In addition, The Contributor is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Site. Accordingly, you acknowledge and agree that The Contributor is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a third party website, even one that may contain the The Contributor name or logo, please understand that it is independent from The Contributor, and that The Contributor does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

INTELLECTUAL PROPERTY

The software used on and information featured on the Site, excluding Submissions (the “The Contributor Content”), are produced, distributed and owned by The Contributor. The The Contributor Content is the intellectual property of The Contributor.  You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Contributor owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any The Contributor intellectual property, in whole or in part, without prior written permission.

The The Contributor Logo and the The Contributor name are trademarks of The Contributor. These, along with any other trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks of The Contributor. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of The Contributor. The Contributor aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of The Contributor’s trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners.

DMCA TAKE-DOWN NOTICES

If you are a copyright owner or an agent thereof and believe that any content on the Site 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):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
  3. 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 us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  5. 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
  6. 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.

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 Contributor a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notification and counter-notification pursuant to the DMCA should be submitted to:

The Contributor

c/o Warecorp, LLP

401-103 Grain Exchange Building

400 S. Fourth Street

Minneapolis, MN 55415

 

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice or counter-notice may not be valid. The Contributor encourages you to consult with your attorney before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE CONTRIBUTOR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, THE CONTRIBUTOR MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THIS WEB SITE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE CONTRIBUTOR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE CONTRIBUTOR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

DISPUTES

You agree that these Terms of Use and your use of the Site are governed by the laws of the State of Minnesota, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Minneapolis, Minnesota, in all disputes arising out of, relating to, or concerning the Site and/or these Terms of Use. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Contributor has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. Failure by The Contributor to enforce any provision of these Terms of Use does not constitute a waiver of the provision in question or any other provision of these Terms of Use. The Terms on the Site constitute the entire agreement between you and The Contributor and may be superseded only by a writing signed by you and The Contributor.

Last revised: November 1, 2011.