Last Updated: February 27, 2011
1. DESCRIPTION OF THE SITE.
General Description. The site is a commercial website that allows SilberbergInnovations.com users to share their ideas and interests with the SilberbergInnovations.com community. Through the site, you are able to post your own content and comment on content found on this website. Additionally, the website acts as a conduit for event registration and payment to events sponsored by Silberberg Innovations, LLC.
Ages 13 and Over Only. The site is intended for those ages 13 and over. If you are under 13 years of age, then please do not use the SilberbergInnovations.com website as there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
Right to Modify Site. SilberbergInnovations.com reserves the right to immediately change, suspend, remove or discontinue any part of the site or any content (whether submitted by SilberbergInnovations.com or by a member) for any reason, without prior notice or liability.
2. USER CONDUCT.
Conditions of Use. As a condition of use, you agree to all of the following:
• You acknowledge that the site is for personal use only. You agree that you will not use the site for any commercial purposes.
• You are responsible for all activity that occurs under your name, profiles and other online identities.
• You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the site, or that you allow others to submit, post and/or display on the site under your name, profiles and other online identities.
• You must not harass, threaten, impersonate, or intimidate other SilberbergInnovations.com users.
• You must not upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
• You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links” or any other form of solicitation.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not violate any local laws in your jurisdiction (including, but not limited to, intellectual property laws).
• You must not use the site for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your jurisdiction regarding online conduct and acceptable content.
• You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant SilberbergInnovations.com all of the license grants granted herein.
• You agree that you shall be solely responsible for your own content and the consequences of posting it.
• SilberbergInnovations.com reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of SilberbergInnovations.com at any time, for any or no reason, without prior notice or warning, and without liability.
3. SUSPENSION OR TERMINATION OF USE.
We May Discontinue or Suspend Our Site or Terminate Your Use. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that SilberbergInnovations.com shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that SilberbergInnovations.com, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
4. COPYRIGHT POLICY.
We Have All Rights In Our Site and Content. You Grant Us Certain Rights When You Submit Content to Us.
SilberbergInnovations.com respects the intellectual property rights of others, and SilberbergInnovations.com asks that our website visitors and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. SilberbergInnovations.com also disables and/or terminates the use of those who SilberbergInnovations.com believes in good faith are repeatedly infringing copyrighted works.
(a) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications in the form submitted to store such content, and to distribute such content and use such content for promotional and marketing purposes.
(c) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use.”
(d) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
(e) DMCA notices and other communications regarding intellectual property violations and questions may be sent Gagnier Margossian LLP – Los Angeles – 201 N. Indian Hill Blvd., Suite 202 – Claremont, CA 91711
5. THIRD PARTY CONTENT.
SilberbergInnovations.com does not hold any legal rights of ownership of copied content (if any) posted by third parties.
(a) If any articles, blogs, comments, images, appear on SilberbergInnovations.com that are in violation of copyright laws, please email SilberbergInnovations.com at email@example.com and we will remove the offending information.
(b) We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers, authors) are theirs alone, not opinions of SilberbergInnovations.com. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, SilberbergInnovations.com is not undertaking any obligation or liability relating to the content. SilberbergInnovations.com and its affiliates do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. SilberbergInnovations.com and its affiliates and employees assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, SilberbergInnovations.com reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
(c) We are Not Responsible for Linked Sites. We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
7. DISCLAIMER OF WARRANTY.
Your Use of Our Site is Subject to Certain Disclaimers. OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
8. DISCLAIMER OF CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL SILBERBERGINNOVATIONS.COM, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON SILBERBERGINNOVATIONS.COM MAY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE SILBERBERGINNOVATIONS.COM AND SILBERBERGINNOVATIONS.COM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SILBERBERGINNOVATIONS.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. SILBERBERGINNOVATIONS.COM LIABILITY FOR EVENT PLANNING AND SALES FEATURES PROVIDED BY THIRD PARTY WEBSITES.
The SilberbergInnovations.com site acts as a venue for the promotion of events sponsored by Silberberg Innovations, LLC, such as the Gov2.0LA conference. Through the use of external third party sites, including, but not limited to, Eventbrite and PayPal, registration and payment can be processed for such events.
SilberbergInnovations.com is not involved in the actual transaction between registrants and these third party sites. As a result, SilberbergInnovations.com has no control over the content, the quality, safety or legality of procedures employed by these websites and thus disclaims any and all liability for transactions on these sites. For further information about the policies of these third party websites, visit Eventbrite and PayPal.
10. SILBERBERGINNOVATIONS.COM LIABILITY FOR USER CONTENT AND INTERACTIONS THROUGHOUT THE WEBSITE.
SilberbergInnovations.com may take any action with respect to user content that it deems necessary or appropriate in its sole discretion if it believes that such user content could create liability for SilberbergInnovations.com, damage SilberbergInnovations.com’s brand or public image or cause SilberbergInnovations.com to lose (in whole or in part) the services of its ISPs or other suppliers.
While SilberbergInnovations.com reserves the right in its sole discretion to remove user content and other material from SilberbergInnovations.com from time to time, SilberbergInnovations.com does not assume any obligation to do so and disclaims any liability for failing to take any such action.
SilberbergInnovations.com is not involved in the actual communications between SilberbergInnovations.com users. As a result, SilberbergInnovations.com has no control over the accuracy, reliability, completeness or timeliness of user content submitted on SilberbergInnovations.com and makes no representations about any user content on SilberbergInnovations.com.
In addition, note that there are risks, including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom users come in contact through SilberbergInnovations.com. By its very nature, other people’s information may be offensive, harmful or inaccurate, and, in some cases, will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when using SilberbergInnovations.com.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
SilberbergInnovations.com may contain inaccuracies or typographical errors. SilberbergInnovations.com makes no representations about the accuracy, reliability, completeness or timeliness of any SilberbergInnovations.com content. The use of all SilberbergInnovations.com content is at your own risk. Changes are periodically made to SilberbergInnovations.com and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on SilberbergInnovations.com.
SilberbergInnovations.com cannot guarantee and does not promise any specific results from use of SilberbergInnovations.com. No advice or information, whether oral or written, obtained by a user from SilberbergInnovations.com shall create any warranty not expressly stated herein.
11. LIMITATION OF LIABILITY.
SILBERBERGINNOVATIONS.COM’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH SILBERBERGINNOVATIONS.COM OR YOUR USE OF SILBERBERGINNOVATIONS.COM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
We May be Legally Compelled to Disclose Certain Information. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, name, IP location or other information in response thereto.
Trademarks. SilberbergInnovations.com, the SilberbergInnovations.com logo and other SilberbergInnovations.com logos and names are trademarks of SilberbergInnovations.com. You agree not to display or use these trademarks in any manner without SilberbergInnovations.com’s prior, written consent.