Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Point and Line, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Point and Line Account. If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Point and Line may change or remove any description or content that it considers inappropriate or unlawful, or otherwise likely to cause Point and Line liability. You must immediately notify Point and Line of any unauthorized uses of your account or any other breaches of security. Point and Line will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate an account, comment on content, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your viewers into thinking that you are another person or company. For example, your account's name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Point and Line or otherwise.
By submitting Content to Point and Line for inclusion on the Website, you grant Point and Line permission to use or distribute the Content via pointandline.com and Point and Line user communications (e.g. weekly newsletter). You will be informed if Point and Line uses the Content outside pointandline.com and will be attributed. By submitting Content to Point and Line, you also grant Point and Line users the right to share your content via various social media platforms integrated with Point and Line. The permission granted by you is for the sole purpose of operating and improving the Website. You retain all rights and ownership in the Content. Point and Line does not claim any ownership rights in the Content. If you delete Content, Point and Line will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Point and Line has the right (though not the obligation) to, in Point and Line’s sole discretion (i) refuse or remove any content that, in Point and Line’s reasonable opinion, violates any Point and Line policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Point and Line’s sole discretion. Point and Line will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors. Point and Line has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Point and Line does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Point and Line disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Point and Line links, and that link to Point and Line. Point and Line does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-Point and Line website or webpage, Point and Line does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Point and Line disclaims any responsibility for any harm resulting from your use of non-Point and Line websites and webpages.
Copyright Infringement and DMCA Policy. As Point and Line asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Point and Line violates your copyright, you are encouraged to notify Point and Line in accordance with Digital Millennium Copyright Act (“DMCA”). Point and Line will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Point and Line will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Point and Line or others. In the case of such termination, Point and Line will have no obligation to provide a refund of any amounts previously paid to Point and Line.
The address of Point and Line's Designated Copyright Agent ("Designated Agent") is:
Point & Line LLC
PO Box 9401
Seattle, WA 98109
Notification of Copyright Infringement. If you believe that Content accessible on or through the Website infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
- A description of the copyrighted work(s) you believe are infringed;
- The exact location (URL) where the infringing Content resides on the Service, in sufficient detail for Point and Line to find and positively identify that Content;
- Your contact information, including an email address, physical address, and telephone number;
- A statement by you that you have a good faith belief that the use of the Content identified in your notice is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- Your signature
Please note that you could be liable for damages (including costs and attorneys’ fees) should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney or learn more at the U.S. Copyright website.
After removing access to the Content pursuant to a valid DMCA notice, Point and Line will immediately notify the user responsible for the allegedly infringing material stating that it has removed access to the Content.
Submitting a DMCA Counter-notice. If you believe that Content accessible on or through the Website was disabled or removed as the result of an improper copyright infringement notice, you may send a counter-notice containing the following information to the Designated Agent at the address above:
- A description and exact location (URL) of the Content that Point and Line has removed or disabled access to;
- Your contact information, including an email address, physical address, and telephone number;
- A statement by you, under penalty of perjury, that you believe in good faith that the content was removed by mistake or misidentification;
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or the federal district courts located in King County, Washington if you are outside the U.S.), and that you will accept service of process from the person who originally provided us with the Infringement Notice (the “Copyright Holder”) or an agent of such person; and
- Your signature
Please note that you could be liable for damages (including costs and attorneys’ fees) in the event that a court decides your counter-notice misrepresented that the material was removed by mistake. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney or learn more at the U.S. Copyright website.
Intellectual Property. This Agreement does not transfer from Point and Line to you any Point and Line or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Point and Line. Point and Line, the Point and Line logo, and all other trademarks, service marks, graphics and logos used in connection with Point and Line, or the Website are trademarks or registered trademarks of Point and Line or Point and Line’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Point and Line or third-party trademarks.
Changes. Point and Line reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Point and Line may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Point and Line may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Point and Line account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Point and Line and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Point and Line nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Point and Line, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Point and Line under this agreement during the twelve (12) month period prior to the cause of action. Point and Line shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Point and Line, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Point and Line and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Point and Line, or by the posting by Point and Line of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Washington, U.S.A.
Last Updated on March 17, 2014
This Terms of Service is based on Wordpress.com's document, which is available under the Creative Commons Sharealike license.