TERMS OF SERVICE
Welcome to the Linux Journal, LLC (“Linux Journal,” “Company,” “We,” “Us”) Terms of Service. Please review these Terms of Service carefully before accessing, using, or posting any material or content to the Linux Journal website. By continuing to use the linuxjournal.com website (“Website”) or Linux Journal’s subscription service (“Services"), you agree to abide by all of the aforementioned Terms of Service.
Company reserves the right to change these Terms of Service at any time, and you agree (including your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality improve the Website and Services shall be subject to these Terms of Service. The most current version of these Terms of Service can be viewed at any time here at ____.
LIMITED LICENSE:
Company grants to You a limited revocable license to access and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms of Service or on the Website, make single copies or prints of the content on the Website for your personal, internal use only. Unless otherwise specifically indicated in these Terms of Service or on the Website, use of the Website and the Services offered on or through the Website, are only for your personal, non-commercial use.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.”
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.
2. USER CONDUCT:
You warrant and agree that, while using the Linux Journal Website and the various services, features and functionality offered on or through the Website, you agree to 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 full permission from their rightful owner to post the material and to grant to Company all of the rights granted herein;
publish falsehoods or misrepresentations that could damage Company or any third party;
impersonate any person or entity including Company or misrepresent your affiliation with any other person or entity;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services, or, except as otherwise specifically authorized in these Terms of Service or on the Website use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
attempt to gain unauthorized access to other computer systems through the Website. You also agree to not:
obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;
engage in “screen" or “database” scraping," spidering, e-mail address harvesting, acquire wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website;
engage in “flooding” the servers with requests or unsolicited messages, use the Website or the services made available on or through the Website in any manner that could interrupt, damage, disable, overburden, or impair the Website or Services; or
use the Website or the Website's services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could interfere with any other party's use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
3. COMPANY RETAINS ALL RIGHTS IN THE CONTENT HOSTED ON OUR SITE; YOU AGREE TO GRANT US CERTAIN RIGHTS WHEN YOU SUBMIT CONTENT TO US:
The Website (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and Company (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
If you post or submit any content on or to our site (regardless of the form or medium with respect to such content, whether videos, photos, text, audio or otherwise), you give Company, and its affiliates, agents and third party contractors the right to display or publish such content on our site (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes.
You are solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that:
you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Service; and
you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Service.
4. INTELLECTUAL PROPERTY INFRINGENMENT POLICY:
Linux Journal respects the rights of all content creators. If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact customer support.
5. COMPANY IS AN INTERNET SERVICE PROVIDER, E.G., COMPANY IS NOT RESPONSIBLE FOR AND DO NOT NECESSARILY HOLD THE OPINIONS EXPRESSED BY OUR CONTENT CONTRIBUTORS:
The opinions and other statements made by users of the Services and third parties (e.g., commentators) are their opinions alone, and are NOT necessarily the opinions of Company. Third party content is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. By providing you with the ability to view and distribute content through our site, you acknowledge that Linux Journal is under no obligation or liability relating to the content. Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty whatsoever to monitor the Linux Journal website for inappropriate or unlawful content. Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders 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, Linux Journal reserves the right to block or remove third party content, communications, postings or materials at any time in our sole discretion.
6. INDEMNIFICATION:
You agree to indemnify and hold harmless Linux Journal, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Service or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which Company is entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. YOUR USE OF OUR SITE IS SUBJECT TO CERTAIN DISCLAIMERS:
THE LINUX JOURNAL WEBSITE IS AVAILABLE TO USERS "AS IS." COMPANY DOES NOT WARRANT THAT THE LINUX JOURNAL WEBSITE SHALL REMAIN UNINTERRUPTED OR ERROR-FREE. THERE MAY BE OMISSIONS, DELAYS, INTERRUPTIONS AND INACCURACIES REGARDING THE CONTENT OR OTHER MATERIALS MADE AVAILABLE THROUGH THE LINUX JOURNAL WEBSITE. COMPANY DOES NOT OFFER 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 SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE LINUX JOURNAL WEBSITE. COMPANY DOES NOT MAKE ANY REPRESENTATIONS WHATSOEVER, NOR DOES COMPANY ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS WEBSITE OR AVAILABLE THROUGH LINKS ON THIS WEBSITE. COMPANY RESERVES BUT DOES NOT OBLIGATE ITSELF TO THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE LINUX JOURNAL WEBSITE. ALTHOUGH COMPANY INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF MALWARE, VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS ON THE WEBSITE, COMPANY DOES NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DOES NOT CONTAIN SUCH DESTRUCTIVE FEATURES. COMPANY IS 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.
THE LINUX JOURNAL WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, 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 ONE OR MORE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF THIRD PARTY WEBSITES:
You understand that Company is not responsible for the availability or content of other services that may be linked to the Linux Journal website. Because Company lacks control over such services, you acknowledge and agree that Company is not responsible for the availability of such external services, and that Company does not endorse and is 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.
9. REQUIRED DISCLOSURES:
In the event Company receives a subpoena, warrant, or court order issued by a competent court with jurisdiction, law enforcement, or government agency, You agree and understand that Company shall make attempts to comply with any such subpoenas, warrants, or court orders, and unless required by a non-disclosure instrument, Company will request your consent or inform you of the notice before any disclosures, and we may disclose your IP address, username, name, IP location or other information in response thereto.
10. LIMITATION OF LIABILITY:
Company and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for any and all consequential, indirect, incidental, special, punitive, or exemplary damages, including, without limitation, any lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Linux Journal website (including, without limitation, as a result of breach of any warranty or other term of these Terms of Service). The limitation on any damages that you may assert in a claim against Company to the amount you paid, if any, for use of our site.
11. COMPANY MAY DISCONTINUE OR SUSPEND OUR WEBSITE OR TERMINATE YOUR ACCESS AT ANY TIME:
Company reserves the right at any time to modify or discontinue, temporarily or permanently, any part of our site with or without notice. In no event shall Linux Journal or its parent Company’s total liability to you in connection with such modification, suspension, or discontinuation exceed the total amount prepaid by you for subscription content not provided. In addition, we reserve the right to terminate or suspend your access to our site for any reason, and to take any other actions that Company, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
12. HEADINGS:
The captions to each Section of these Terms of Service are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
13. MISCELLANEOUS
These Terms of Service, and the relationship between you and us, shall be governed by the laws of the State of Texas, United States of America. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Texas, County of Harris, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Harris County in the State of Texas. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
BY CONTINUING TO USE THE LINUX JOURNAL WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE.
