Terms of Service Agreement

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Terms and Conditions of Use

Welcome to the IT Leadership blog (“Website”).

Your use of the Service will be subject to this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of the Service after a change will subject you to the new terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE, AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

Participation and Conduct

During the term of this Agreement, ArtTorres.com (“Publisher”) grants to you a terminable at will, non-exclusive license to use and display the Service and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lendor re-sell the rights granted under this license. Any use in violation of these limits shall constitute a violation of the terms of this license. No framing of our site is permitted.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.

You agree to indemnify the Publisher and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.

The Publisher reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. The Publisher also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or another commentary. Notwithstanding the preceding, the Publisher is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or another area within the Service.

Copyright and Trademarks

The Service is the personal property of Publisher. Publisher retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the “Content”), are protected by copyright and are owned by Publisher or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.

Exclusions of Warranty and Liability

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PUBLISHER DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. PUBLISHER IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS. PUBLISHER DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. PUBLISHER DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR-FREE.

PUBLISHER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL PUBLISHER BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, ANDCAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE AND THE DATA COLLECTED BY THE SERVICE AND THIS WEBSITE.

Notices

PUBLISHER may give notice to you through general posting on the Service or through Email notification, in its sole discretion. You may give notice to PUBLISHER via email (see Contact Us page).

PUBLISHER reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

General

Any failure by PUBLISHER to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. If any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

Indemnity

In the event you breach the terms of this license, or if, any claims are made against PUBLISHER (its employees, officers, or directors resulting from your actions), you shall be liable to PUBLISHER for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.

This Agreement shall be governed by and construed by the laws of the State of California, as applied to contracts entered into and performed within California. You agree to grant jurisdiction over yourself to the courts of California and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire Agreement between the parties concerning the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

Notwithstanding anything to the contrary in the Contract and Copy Regulations of the Publisher, Terms and Conditions of the Publisher or in any space order, billing instruction, copy instruction or any other instruction or Agreement, there are no premium items granted by the Publisher, including but not limited to, merchandising credits, premium positioning, exclusivity, and competitive separation, unless specifically agreed to by the Publisher in a document signed by an authorized representative of the Publisher for the particular ad being submitted. If the Publisher grants a premium in a signed agreement or insertion order with the advertiser, it is for that only that signed agreement or insertion order and will not apply to any other agreement or insertion order.

Linking Policy

External websites may include links to our Website’s content, as long as that content is available free of charge to the general public on our site, under the following conditions:

1. The content continues to reside on our Website, and is not copied to appear on your site.
2. The link opens to a full, non-framed browser window that sends traffic to our Website.
3. You credit our Website along with the link on your site.

The Publisher reserves the right to request that links be removed from a site if we deem they are not in the Publisher’s interests.

If you wish to post content from our Website on your own server, you must obtain specific permission for an electronic reprint of each article.