Acceptance of Terms
By accessing TheLeek.com, or by using any part of the Site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access TheLeek.com, or use the content or any services offered on the Site. PHC’s acceptance is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are, at any point, considered, or characterized as, an offer by PHC, acceptance is expressly limited to these terms.
You may copy, or download, one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include, without modification, all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests PHC or TheLeek.com promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the Site that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.
No quotes from any material on the Site may be used in any media without attribution to TheLeek.com.
Any other use of TheLeek.com content requires prior written permission from PHC.
Through the community features of TheLeek.com, users may post, upload, transmit and/or otherwise submit (hereinafter “Submit”) comments, messages, text, photos, images, story ideas, essays, and other content materials, as well as make recommendations, on or through the services of TheLeek.com (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by the staff of TheLeek.com and on the Site by the general public. You acknowledge that the Site and all its services are for public and not private communications.
PHC reserves the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in its absolute and sole discretion without prior notice, although it has no duty to do so. If PHC elects to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If PHC has questions about your User Materials, PHC retains the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through the Site. However, by submitting User Materials on or through the Site, you hereby grant PHC, its affiliates, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sub-license, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, TheLeek.com, its linked pages, applications and services, third party licensee web sites, applications and services, over the air (on all forms of radio or television), and other applications and services later devised, without payment and without further consent or notice to you. You further grant PHC, TheLeek.com, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.
Digital Millennium Copyright Act Notices
TheLeek.com respects the intellectual property rights of others. It is, therefore, Site policy to expeditiously process, investigate and address notices of alleged infringement, and to take appropriate action under the Digital Millennium Copyright Act and other relevant intellectual property laws.
If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Site, please provide the following information in writing to TheLeek.com’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
1. A signature (physical or electronic) of a person authorized to act on behalf of the copyright owner
2. A description of the copyrighted work that you claim has been infringed.
3. A description of the material that you claim is infringing or that you claim is the subject of the infringing activity and is to be removed or have access to same disabled, and information sufficient to permit the staff of TheLeek.com to locate the material.
4. Information sufficient for us to contact you, such as address, telephone number and 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.
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or submitted to the Site, that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to TheLeek.com’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
1. Your signature (physical or electronic)
2. A description of the copyrighted work that you claim has been infringed.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
TheLeek’s Copyright Agent can be reached as follows:
Copyright Agent – TheLeek.com
6464 Sunset Blvd #810
Hollywood, CA 90028
Phone: (646) 714-9076
The Copyright Agent will only receive DMCA notices. Please send other notices and comments to TheLeek.com Webmaster.
TheLeek.com is controlled and operated within the United States. PHC makes no representation that content, materials or products available on or through TheLeek.com are appropriate or available for use outside of the United States. If you are accessing TheLeek.com from a location outside the United States, then you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and
U.S. export laws and regulations
You understand and agree that sending unsolicited email advertisements or posting unsolicited advertisements in the comments or through TheLeek.com’s computer systems in any way is expressly prohibited by these terms. Any unauthorized use of TheLeek.com computer systems is a violation of these Terms, as well as certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Limitation of Liability
In no event shall PHC be liable under contract, tort or strict liability, negligence or any other legal theory (i) with respect to the Site, the services available on the Site or any content available on the Site for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever or (ii) for any direct damages in excess of (in the aggregate) $100. If your state does not allow for the limitation or exclusion of incidental or consequential damages, the above may not apply to you.
Solely as examples, and not in any way limited to the following examples, you agree not to use the Site or services available on the Site:
1. To abuse, harass, threaten, stalk, impersonate, or intimidate other users of TheLeek.com
2. To post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that is degrading, intimidating, or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
3. For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
4. To post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any TheLeek.com user.
5. To create or submit unwanted email or communications to any other users of TheLeek.com
6. To violate any laws in your jurisdiction.
7. To submit links to or comments soliciting on behalf of multi-level marketing schemes (so-called pyramid schemes), and with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means whether now known or later devised, whether similar or dissimilar to the aforementioned means, to access the Site for any purpose without our express written permission.
8. To take any action that (i) imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure, including but not limited to, throttle violations; (ii) interferes or attempts to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypasses any measures we may use to prevent or restrict access to the Site;
9. To attempt to impersonate another user or person.
10. To sell or otherwise transfer your profile.
Right to Terminate
You acknowledge that PHC has no control over, and no duty to take any action regarding: which users gain access to the Site or use the services available on the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release PHC from all liability for you having acquired or not acquired content through the Site or the services available on the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. PHC makes no representations concerning any content contained in or accessed through the Site or services available on the Site, and PHC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the services available on the site.
The service of the site, content and Site are provided on an “As Is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
All news on TheLeek.com is demonstrated as satire and does not reflect factual news.
Excluding original TheLeek.com content created, all other pictures and videos shown on TheLeek.com are the property of their respective owners. All pictures have been altered from their original state, and are presented in a different way from their original intent. These pictures and videos contained on TheLeek.com were collected from different public sources, including different websites, considered to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.) TheLeek.com does not claim to own exclusive rights on all images and videos published. All sources we use to create our articles are and will be credited with a proper link-back when provided. If you own copyrights to any materials such as images or video and you want us to remove it from TheLeek.com, contact us to claim your ownership and we will either credit you and your website, or if you wish cease and desist the content.
1. Acceptance of our Terms
By visiting the website TheLeek.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to TheLeek.com, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of TheLeek.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and TheLeek.com and that your use of TheLeek.com shall indicate your conclusive acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that TheLeek.com is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that TheLeek.com is entitled to provide services to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that TheLeek.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. TheLeek.com authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
4. Submitted Content
When you submit content to TheLeek.com you simultaneously grant TheLeek.com an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to TheLeek.com.
5. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
6. Disclaimer of Warranties
You understand and agree that your use of TheLeek.com is entirely at your own risk and that our services are provided “As Is” and “As Available”. TheLeek.com does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the TheLeek.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
7. Limitation of Liability
You understand and agree that TheLeek.com and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not TheLeek.com has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of TheLeek.com is limited to the greatest extent permitted by law.
8. External Content
TheLeek.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that TheLeek.com is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. Furthermore, We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by TheLeek.com to resolve any legal matter arising from this agreement or related to your use of TheLeek.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
10. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and TheLeek.com. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
11. Changes to the Terms
TheLeek.com reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of TheLeek.com after any changes to Terms will signify your agreement to be bound by them.
November 21, 2012.