Terms
Purpose
The purpose of this document is to set the scope, guidelines and terms under which this service will be provided and contributing visitors and users (herein after “Contributors”) and vetted and/or contracted writers (hereinafter “Authors”) will use it.
The Service
Introduction
The Daily Blank.com (hereinafter the “Site”, or “The Daily Blank”)) is a news/satire web venue operated by e-Me Ventures, LLC (hereinafter “e-Me”). As a software development company with strong ties to the online and broadcast news industry, e-Me is focused on bringing together web, semantic and content mining technologies to deliver highly relevant and highly targeted content to consumers and businesses. Our primary objective is to substantially improve consumer engagement, community participation, and interaction experience on the web.
In this context, consumers, Contributors and Authors using the Site are beholden to the Terms of Service (ToS) of The Daily Blank and if it’s Producer, e-Me Ventures.
Core Values
The nature of The Daily Blank is satire, which although inspired by current and real events in the news and in life, may or may not constitute actual facts. We encourage an environment that promotes satire that is engaging, funny, and even a little informative. The more people speaking truth to power, the better.
We care passionately that this service delivers value to the passer-by as well as to regular members of the community. In that spirit, and while we encourage freedom of expression, we do not want the Site to become a sewer of angst or a cacophony of hurtful, destructive or demeaning rant. We will strive instead to create an environment that will engage, enlighten and empower the community of readers, Contributors, and Authors alike.
Terms of Service
The Terms of Service (”ToS”) set forth the terms and conditions under which contributors and authors are authorized to use The Daily Blank. To the extent rules or guidelines affecting your use of the Site are found on other pages of the Site, those rules and guidelines are hereby incorporated by reference into the TOS. By using the Site you (hereinafter either “you” or “User” or “Contributor” or “Author”) agree to the ToS. If you do not agree, you should immediately cease all usage of the Site. The Daily Blank reserves the right, at any time, to modify, alter, or update the ToS without prior notice. You are encouraged to check the Site regularly for changes to the ToS. Modifications shall become effective immediately upon being posted at the Site, without further notice to you. Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, the TOS may not be amended.
To the extent new content, services, or features are added to the Site in the future, the use thereof is subject to the TOS.
Modifications and Interruption to the Site
The Daily Blank reserves the right to modify or discontinue all or any portion of the Site with or without notice to you. The Daily Blank shall not be liable to you or any third party should The Daily Blank exercise such right. You acknowledge and accept that The Daily Blank does not guarantee continuous, uninterrupted or secure access to the Site, that operation of the Site will not be uninterrupted or error free and that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the ToS and privacy policies of each site, and we are not responsible therefore. We encourage our users to review the ToS and privacy policies of third-parties’ sites.
Your Obligations
As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or other country. If you wish to register on our Site you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, e-mail address, etc.) as required by the applicable registration form, and further agree that you will update such data to keep it accurate, current and complete. The Daily Blank reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue.
If you obtain a username and password from this Site, you may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify The Daily Blank immediately of any known or suspected unauthorized use of your username and password or any other breach of security. The Daily Blank cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
If you are the parents of children under the age of 13, and you wish to allow your children access to the Site, you will be required to certify that you are at least 18 years old and that you are the legal guardian of the child/children accessing the Site. As your child’s legal guardian, you are responsible for determining whether any of the content on the Site is, or is not, appropriate for your child.
User-Submitted Content and User Conduct
Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Site, including without limitation classified ads, postings on message boards or blogs, or other content which does not originate with The Daily Blank (”User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will The Daily Blank be liable in any way for any User Content made available through this Site by you or any third party.
Since The Daily Blank does not control the User Content posted on the Site, it cannot and does not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing the Site, you may encounter Content that you may consider to be obscene, improper, or for other reasons deemed objectionable. The Daily Blank has no responsibility for any User Content, including without limitation any errors or omissions therein. The Daily Blank is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site, whether by The Daily Blank, individual users of the Site, or third party contractors or licensors of The Daily Blank.
You agree that you will not use the Site to transmit or make available any Content that:
- violates any laws, contains any threats, is abusive, tortuous, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, or any statements that The Daily Blank determines to contain any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;
- infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual under the age of 18;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- contains forged headers or employs other techniques whose purpose is to disguise the origin of the Content submitted;
- contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
- incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
- Contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use the Site to:
- engage in any conduct which might be harmful to minors;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
- Engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with or disrupting the Site, or servers or networks connected thereto.
The Daily Blank reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on the Site. You agree that the exercise by The Daily Blank of such discretion shall not convert or transform User Content to Content owned or provided by The Daily Blank and the user who made such User Content available on the Site will retain ownership thereof as described below.
With respect to any information you provide to The Daily Blank, including personal data and information, you agree and accept that The Daily Blank may retain, maintain and/or disclose such information and User Content if required to do so by law or in a good faith belief that such retention, preservation and/or disclosure is reasonably necessary to: (a) respond to any legal process; (b) enforce the TOS; (c) respond to any claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of The Daily Blank, its users and the public.
Ownership of Feedback
The Daily Blank welcomes your comments and feedback regarding this Site. All information and materials submitted to The Daily Blank through this Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of The Daily Blank (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but The Daily Blank reserves the right to treat any such Feedback as the confidential information of The Daily Blank. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting Feedback to The Daily Blank, you assign to The Daily Blank, and its parent, subsidiaries, and affiliates, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Daily Blank will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Disclaimer Regarding Accuracy of Content
Much of the Content on the Site, including without limitation User Content, has been provided by or obtained from parties other than The Daily Blank. The Daily Blank makes no representations or warranties as to the accuracy or reliability of any Content on the Site created or provided by third parties. The Daily Blank makes no warranties or representations whatsoever with regard to any product or service provided or offered by any vendor on the Site (including without limitation advertisers on the Site and individuals or entities placing classified advertisements on the Site) and you acknowledge that any reliance on representations and warranties provided by any party other than The Daily Blank shall be at your own risk. You expressly agree to hold The Daily Blank harmless for any claims of damage arising from any product or service provided by any third party.
Classified Advertisements
Submission of a classified advertisement for publication on our Site does not constitute a commitment on the part of The Daily Blank to publish the advertisement, and publication of an advertisement does not constitute an agreement from The Daily Blank for continued publication. The Daily Blank reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
Trademarks
All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with The Daily Blank.
Notification of Claimed Copyright Infringement
The content the Site is created, used, modified, shared and distributed under the Creative Commons Copyright License (CCPL), detailed under the section entitled “The Work”. In the event that you find Content posted on the Site which is believed to be an infringement of copyright ownership as defined under the CCPL, you are requested to immediately contact The Daily Blank. To report any alleged infringement, please send an email with your concerns and notice of alleged infringement to support [at] thedailyblank dot com
Links to the Site and RSS Feeds
Unless otherwise prohibited under the TOS, you are hereby licensed to create hyperlinks to the content on the Site, provided that the hyperlink accurately describes the content as it appears on the Site. You are further granted a right to implement the RSS feeds offered by our Site, solely in the manner described on our Site. The Daily Blank reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause. Under no circumstances may you “frame” the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of our Site is accessed from a link (including RSS feeds) featured on your web site, each page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site.
Disclaimer of Warranties and Limitation of Liability of the Site
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF The SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BLANK IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS.
UNDER NO CIRCUMSTANCES, WILL THE BLANK, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE BLANK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE BLANK, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold The Daily Blank, e-Me Ventures, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Site, including without limitation your actual or alleged violation of the TOS, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer or account.
Governing Jurisdiction of the Courts of the State of Illinois
e-Me Ventures, owner of The Daily Blank (the Site) is incorporated in the State of Delaware and operates as business entity in the State of Illinois. While the Site is operated in an internet “Cloud”, the business is operated in the State of Illinois. As such, we are subject to the laws of Illinois, and such laws will govern the TOS, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal or available for use outside of the United States. Accordingly, if you choose to access our Site you agree to do so subject to the internal laws of Illinois. The state and federal courts of Illinois shall serve as the venue for any actions brought, or claims made, arising out of your use of this Site.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Other Terms
If any provision of the TOS shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that the TOS and any other agreements referenced herein may be assigned by The Daily Blank, in our sole discretion, to a third party in the event of a merger or acquisition. The TOS shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.
You agree and understand that the TOS constitute the entire agreement between you and The Daily Blank regarding your use of the Site, and that any and all prior agreements between you and The Daily Blank are superseded by the TOS. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with The Daily Blank (including without limitation an agreement to provide content for the Site such as through a blog or freelance author agreement). You may not amend the TOS.
Any failure by The Daily Blank to exercise its rights under the TOS or to enforce the terms hereof shall not constitute a waiver of those rights. If any term of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties’ intentions as reflected in the provision, and that all of the other provisions of the TOS shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of site or relating to the terms of the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Work
Introduction
This section defines the terms of use and license as it relates to SPECIFICALLY all matters of ownership and copy right of the content produced on the Site.
Public License
All copy, articles, videos, pictures and related content on the Site created for and by Consumers, Contributors, and Authors, as defined herein (hereinafter the “Work), will be provided, shared and distributed under the Creative Commons Public License (”CCPL” or “License”) as summarized below. The Work is protected by copyright law and/or other applicable law. Any use of the Work other than as authorized under this license or copyright law is prohibited.
By exercising any rights to the work provided on the Site, you accept and agree to be bound by the terms of this CCPL license. To the extent this license may be considered to be a contract, the licensor grants you (the user, Contributor, Author) the rights contained herein consideration of your acceptance of such terms and conditions.
CCPL License Terms and Definitions
1. “Collective Work” means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
2. “Derivative Work” means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image (”synching”) will be considered a Derivative Work for the purpose of this License.
a. “Licensor” means the individual, individuals, entity or entities that offers the Work under the terms of this License.
b. “Original Author” means the individual, individuals, entity or entities who created the Work.
c. “Work” means the copyrightable work of authorship offered under the terms of this License.
d. “You” means an individual user, a Contributor, Author, or other entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
b. To create and reproduce Derivative Works provided that any such Derivative Work, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked “The original work was translated from English to Spanish,” or a modification could indicate “The original work has been modified.”
c. to distribute copies or recorded media (e.g. CD’s) of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
d. To distribute copies or recorded media (e.g. CD’s) of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
e. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or, in the event that Licensor is a member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public performance or public digital performance (e.g. webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any recorded media You create from the Work (”cover version”) and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or recorded media of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. When You distribute, publicly display, publicly perform, or publicly digitally perform the Work, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by Section 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by Section 4(b), as requested.
b. If You distribute, publicly display, publicly perform, or publicly digitally perform the Work (as defined in Section 1 above) or any Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above), You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution (”Attribution Parties”) in Licensor’s copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, consistent with Section 3(b) in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., “French translation of the Work by Original Author,” or “Screenplay based on original Work by Original Author”). The credit required by this Section 4(b) may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear, if a credit for all contributing authors of the Derivative Work or Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
5. Representations, Warranties and Disclaimers of the Work
Unless otherwise mutually agreed to by the parties in writing, The Daily Blank and the licensor offers the work as is, and only to the extent of any rights held in the licensed works by the licensor. The licensor makes no representation or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, the warranties of title, marketability, merchantibility, fitness for a particular purpose non infringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of implied warranties, so such exclusion may not apply.
6. Limitation on Liability of the Work
Except to the extent required by law in no event will Licensor be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or use of the Work or the Site, even if the licensor has been advised of the possibility of such damages.
As The Daily Blank is operated by e-Me Ventures, and as e-Me is an entity incorporated in the State of Delaware and operating in the State of Illinois, matters of corporate law issues shall be entertained in the jurisdiction of the State of Illinois.
7. License Termination of the Work
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above) from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous Matters of the Work
a. Each time You distribute or publicly digitally perform the Work (as defined in Section 1 above) or a Collective Work (as defined in Section 1 above), the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
b. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
e. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Effective Date
The effective date of this document version is May 15, 2009
