Wednesday, September 19th 2018
 

Terms of Use

Please read these Terms of Use before using, or submitting content in any form or medium for publication on, The Daily Tackle. The Daily Tackle and all site-related content are provided by LegalFish, LLC (“we” or “us”). You agree that by using our service, including submitting content for publication, you agree to abide, and that you are bound, by these Terms. We reserve the right to change these Terms and Conditions at any time, and you agree, by your continued use of our site, to be bound by any such changes.

1. Availability of our Site. We reserve the right at any time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that LegalFish, LLC 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 LegalFish, LLC, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

2. Trademarks and Copyrights.
(a) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected 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 original articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (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.
(b) 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 (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. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You shall be 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: (I) 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 and Conditions; and (II) 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 and Conditions. In furtherance of the foregoing, you agree that you will not: (I) 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 to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) 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; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to The Daily Tackle we may authorize such content to be distributed or syndicated to or published on other Daily Tackle-branded environments.

3. Your Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to LegalFish, LLC with the following information:
(I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent can be reached as follows:

By mail: LegalFish LLC 414 North Orleans, Suite 603 Chicago, IL 60654
By phone: 312-329-0820
By fax: 312-329-0930
By email: blog@legalfish.com

Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

4. Your Use of Our Content.
(a) 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 4(a) 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 4(a)), 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”.
(b) 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.

6. 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. Disclosure of 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, username, name, IP location or other information in response thereto.

8. Online Privacy Policy. Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms of Use.

9. Limitation of Liability: LegalFish, LLC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, 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 our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).  You acknowledge that by providing you with the ability to view and distribute content through our site, we are not undertaking any obligation or liability relating to the content. LegalFish, LLC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. LegalFish, LLC 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. Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of LegalFish or The Daily Tackle editorial staff. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings or materials at any time in our sole discretion.

10. Any Dispute Will be Governed by Illinois Law: These Terms and Conditions shall be governed by the laws of the United States and the State of Illinois, applicable to agreements made and to be performed therein without regard to conflict of laws principles.

 
 

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