TERMS OF SERVICE
Last Revised: March 8, 2016
Modifications to the Terms of Service
Trending Parent, in its sole and absolute discretion, may make changes or modifications to the Site or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Trending Parent may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, Trending Parent may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are at least eighteen (18) years of age.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
You may be asked to register in order to use certain Services including, but not limited to, Trending Parent’s daily newsletter. You agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. You are solely responsible for the confidentiality and use of any information you provide, as well as for any use, misuse, or communications entered through the Site or the Services using such information. Trending Parent will not be liable for any loss or damage caused by any unauthorized use of your registration information.
Trending Parent has the right to suspend or terminate your registration and/or this Agreement in our sole discretion at any time and for any reason, and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete.
Your Use of the Site and Services
Trending Parent’s community, like any community, functions best when its Users follow a few simple rules. By accessing and/or using the Site or a Service, you agree to comply with these community guidelines (the “Community Guidelines”) and that: Your use of the Site and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; you will not use this Site or the Services in a manner (as determined by Trending Parent in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable;. you will not use this Site or the Services for hate speech, hate crimes or violence; You will not use this Site or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Services; you will not copy or distribute in any medium any part of the Site or the Services, except where expressly authorized by Trending Parent; you will not access Trending Parent Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as Trending Parent may designate; you will not use this Site or the Services found at this Site, including any of Trending Parent’s related technologies, for any commercial use without Trending Parent’s express prior written consent; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
Trending Parent reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site at any time.
The content on this Site and the Services found at this Site, including without limitation the text (such as the articles found on our blog or in our daily newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos, interactive features and the marks and logos contained therein (“Trending Parent Content”), are owned by or licensed to Trending Parent in perpetuity, and are subject to copyright in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Trending Parent Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Trending Parent. No right or license under any copyright or other proprietary right or license is granted by this Agreement. Trending Parent reserves all rights not expressly granted in and to Trending Parent Content, this Site and the Services found at this Site, and this Agreement does not transfer ownership of any of these rights.
If you violate any part of this Agreement, your permission to access and/or use Trending Parent Content and the Site or the Services automatically terminates and you must immediately destroy any copies you have made of Trending Parent Content.
The service marks and logos of Trending Parent (“Trending Parent Trademarks”) are service marks of Trending Parent. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Trending Parent Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Trademarks inures to our benefit.
The Site, the Services specially designed to present Trending Parent Content in a unique format and appearance. We are concerned about the integrity of Trending Parent Content 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 our content. Elements of the Site, and the Services are protected by trade dress, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of Trending Parent’s Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
Our Use of User Content
Some of the features of this Site or the Services found at this Site, may allow Users to view, post, publish or share their ideas, opinions, preferences or feedback (e.g., through a “like” or “comment” function) relating to Trending Parent’s news articles, blog posts, or current events (“On-Site User Content”). We may also make available interactive services through third-party websites and third party social media platforms (“Third Party Platforms”) (e.g., Trending Parent – designated hashtags, and comment or posting sections on Trending Parent-related pages hosted on third party social media platforms) pursuant to which Users can post associated content (“Off-Site User Content,” together with On-Site User Content, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, or to Third Party Platforms, you represent and warrant to Trending Parent that: (i) you have all necessary rights to distribute User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.
Trending Parent has no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that Trending Parent may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
If you post or publish your User Content to this Site, or to Third Party Platforms, you authorize Trending Parent to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site, the Third Party Platforms and this Agreement. Accordingly, you hereby grant Trending Parent a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Third Party Platforms and Trending Parent’s business, including without limitation, promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
Our Monitoring of User Content
Trending Parent reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. Trending Parent may remove any item of User Content (in the case of Off-Site User Content, remove any repost or publication of such Off-Site User Content from a Third Party Platform or the Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Trending Parent in its sole and absolute discretion), at any time and without prior notice. If Trending Parent terminates your access to this Site or the Services found at this Site, Trending Parent may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Trending Parent has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is Trending Parent’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders.
Written Notification. If you believe that your content has been copied in a way that constitutes copyright infringement, please notify us by emailing email@example.com with subject: Copyright Infringement Concern. Trending Parent will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include Trending Parent removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. All notices sent to Trending Parent regarding matters other than informing Trending Parent that a party’s copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your infringement notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that web site; Identification of the material (i.e., the third party materials) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Trending Parent to locate the material; Information reasonably sufficient to permit Trending Parent to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement, as follows: “I 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”; and a statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Counter Notification. If you believe that your work has been removed or disabled by mistake or misidentified, please notify us by emailing firstname.lastname@example.org with subject: Counter Notification of Copyright Infringement. To be effective, a Counter Notification must be a written communication that includes the following:
A physical or electronic signature of the User; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the User’s address is located, or if the User’s address is outside of the United States, for any judicial district in which Trending Parent may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a valid Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and Trending Parent will comply with this requirement within a reasonable time (or as otherwise required by law).
Links to Third-Party Websites
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Trending Parent. These links are provided solely as a convenience to you and do not constitute an endorsement by Trending Parent of the content on such websites nor of the business practices of those operating those websites. Trending Parent has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Trending Parent does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Trending Parent from any and all liability arising from your use of any third-party website. Accordingly, Trending Parent recommends that prior to engaging in any commercial transactions with any third parties discovered through or linked on this Site, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on this Site, you expressly hold Trending Parent harmless from any and all liability in any dispute.
To the maximum extent permitted by law, you agree to indemnify and hold harmless Trending Parent and its affiliates against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to these Terms or your use of the Services. Trending Parent reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Disclaimer of Warranties and Limitation of Liability
Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site, in the Services, in any features, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and/or Services.
THE SERVICES AND ALL FEATURES ARE AVAILABLE “AS IS.” TRENDING PARENT DOES NOT WARRANT THAT THE SERVICES OR ANY FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SERVICES; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, AND UPLOADED, THE SERVICES OR AVAILABLE THROUGH LINKS IN THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH YOU DO SO SOLELY AT YOUR OWN RISK.
TRENDING PARENT AND ITS AFFILIATES ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, IN ANY WAY RELATED TO THE SERVICES OR FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES IN THE SERVICES (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM PROVIDED IN THESE TERMS). ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
In Certain States
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If you have any questions about this Agreement, please contact us via email at email@example.com
Last Revised: March 8, 2016
Types of Information Collected
Trending Parent may ask you for some or all of the following types of information which may be identifiable to you when you register for our services, access various content or features, or directly contact the site: (i) contact information, such as your email address and name; (ii) your age; and (iii) information for the purpose of authenticating yourself or your account if we have reason to believe, in our sole discretion, that you may be violating site policies or for any other reason we deem necessary (collectively “Personal Information”). You are responsible for ensuring the accuracy of all Personal Information you submit to Trending Parent.
Information Collected Automatically.
We automatically receive and collect information such as your IP address, the URLs of websites you arrive at Trending Parent from or leave Trending Parent to go to, your type of browser and language, access times, the content of any undeleted cookies that your browser previously accepted from us, your operating system, your mobile provider, your mobile device, and your ISP. We may use such information to better understand how Trending Parent visitors use the Site, to analyze trends, administer the website, prevent fraud, and gather broad demographic information.
Our Use of Your Information
Our primary purpose in collecting information, both Personal Information and other, is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your information to: provide the services and customer support you request; troubleshoot problems and prevent potentially prohibited or illegal activities; customize, measure and improve our Site, our Services, content and advertising; tell you about and administer our Services, targeted marketing, service updates, contests, sweepstakes, rewards, and promotional offers based on your communication preferences; monitor and enforce our Terms of Service; communicate with Users about products and/or services you may be interested in; verify your eligibility to use the Site.
Service providers under contract who help with our business operations. We employ these companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you.
Our affiliates and promotional partners, so they can offer you special products, services, discounts, tickets, and other items or services. Likewise, we may receive information from such affiliates and promotional partners to offer our Users special items or services.
We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
We may sell or rent your information to third parties for marketing purposes without your explicit consent.
In an ongoing effort to better understand our Users, we may analyze certain Non-Personal Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Site, the Services and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners and other third parties. We may also disclose aggregated user statistics in order to describe the Services and these products and services to current and prospective business partners and to other third parties for other lawful purposes.
We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference or by following the directions provided with the communication or advertisement. No Spam or Spyware. We do not tolerate spam. Spamming is explicitly prohibited it by our Terms of Service. If you would like to report an incident of spamming or other unauthorized communications from other Users, please contact us at firstname.lastname@example.org. We maintain the right to investigate such incidents and take suitable action.
Trending Parent cannot ensure or warrant the security of any information you transmit to Trending Parent or guarantee that your end user data stored on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
The Site is hosted on servers in the United States. Accordingly, if you are located outside of the United States, any information you provide to us will be transferred to the United States. By providing us with any information, you consent to its transfer and storage in the United States.
We may use your email to deliver Trending Parent’s daily newsletter, as well as for other promotional (e.g., new product offerings, special offers by us or other third parties) purposes. Email messages we send you may contain code that enables our database to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked. If you send an email to us, or fill out our forms, we will collect your email address and the full content of your email, including attached files, and other information you provide.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at email@example.com. You acknowledge that it may take up to 10 days for us to process an opt-out request. Please note, however, that you cannot opt out of receiving transactional e-mails related to your account with us.
Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others Users on our Site or on other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We are not responsible for any information we do not collect. We encourage you to ask questions before you disclose your Personal Information to others.
California Civil Code Section 1798.83 permits residents of the State of California to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please email us at firstname.lastname@example.org with Attn: Legal – California Privacy Compliance in the subject.
In addition, Trending Parent does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
Changes to this Policy
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