[last updated 5th may 2016]
Our Terms of Service (“Terms” or “TOS”) govern Your use of nameandshame.com (the “Site”). The Site is owned and operated by:
Citizen Reporter, LLC
Capital City Bldg, PO BOX 1388, Victoria, Mahe, Seychelles
Email: [email protected]
NOTICE: We strongly prefer to be contacted with questions/comments by email. Correspondence or other material sent via postal mail/courier will typically not receive a response, unless required by law.
As used herein, the term “We” or “Us” or “Our” means Citizen Reporter, LLC, and “You” or “Your” means each user of the Site.
By using the Site, You warrant and represent that You have read our entire TOS, and You accept the terms in full. You further agree to comply with, and to be bound by, these terms. If You disagree with any part of our TOS, You must not use the Site.
You must be at least 14 years of age to use the Site. By using the Site, You warrant and represent that You are at least 14 years of age.
2. ACCEPTABLE USE
The goal of nameandshame.com is to help empower victims and others who want to be heard and to allow our users to share their stories with the entire world. With these goals in mind, Our rules are pretty simple:
-- Be honest. False posts are illegal and may expose You to significant personal liability. So don’t lie.
-- Be detailed. Remember to always include the five Ws – who, what, where, why & when. Include specific details about who was involved, what they said, where it happened, when, etc.
-- Be fair. It’s pretty rare for a dispute to be totally someone else’s fault. Don’t try to place 100% of the blame on the other person if doing so would be unfair or misleading. Are you partially to blame? Then admit it. This will carry a lot of weight for other people reading your story.
-- Update as needed. If you submit an incident report and the matter is later resolved, please come back and update your post. Let us (and the world) know what happened.
We reserve the right to review all new submissions and to exclude or remove anything that We, in our sole editorial judgment, deem inappropriate. If any content is removed from the Site, We will always try to publish a notice explaining the basis for the action, but We cannot always guarantee that such notices will be complete or accurate. We also do not guarantee that all submissions will be posted.
3. PROHIBITED USE
You must comply with the following standards:
-- Do not post anything that is false, defamatory, an invasion of privacy, or which is otherwise illegal
-- Do not post material that violates someone else’s intellectual property rights
-- Do not post nudity, pornography, or obscenity
-- Do not post threats of violence/harm
-- Do not post images of minor children except when relevant to the story (i.e., a kidnapping case)
-- Do not post hate speech (harsh criticism is OK)
-- Do not encourage others to engage in criminal acts
You must not use the Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without Our express written consent. You must not use this website for any purposes related to marketing without Our express written consent.
4. ACCESS RESTRICTIONS
Access to certain areas of this website may be restricted from time to time. We reserve the right to restrict access to any areas of this website, or the entire website, at our discretion. You must ensure that Your user ID and password are kept confidential at all times.
5. ASSIGNMENT OF RIGHTS; REMOVAL OF POSTED MATERIAL
By posting material on the Site, You agree to assign Us, and automatically do assign, all exclusive rights including the copyright, in any and all such material You post. You understand that this assignment qualifies as a transfer of copyright ownership pursuant to 17 U.S.C. § 201(d), and that Your registration for an account with the Site shall be deemed a valid electronic signature within the meaning of the e-Sign Act, 15 U.S.C. § 7001(a)(1). You further understand and agree that material You submit to the Site will not be removed once it is posted, except as otherwise provided in the Terms or pursuant to our sole editorial discretion.
6. COPYRIGHT COMPLAINTS/DMCA COMPLIANCE
We respect intellectual property rights. Accordingly, if You believe that someone has posted material that infringes your rights, please let us know immediately. We will expeditiously review all removal requests submitted pursuant to the Digital Millennium Copyright Act (the “DMCA”), and if we believe Your request is valid, we will remove or disable access to any infringing material.
At a minimum, DMCA notices must include at least the following things:
(1) Your name, address, telephone number, and e-mail address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) The exact URL or web address where the alleged infringing material is located, and a description of the work that is sufficient to permit us to locate the infringing material;
(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s OK to just type your full name at the end of your notice); and
(6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please email your DMCA removal request to our registered DMCA Agent: David Gingras, Esq. at: [email protected]
Alternatively, you can mail a copy of your notice to: Gingras Law Office, PLLC, 4802 E. Ray Road, #23-271, Phoenix, AZ 85044; Tel: (480) 264-1400; Fax: (480) 248-3196; email: [email protected]
NOTE — mailing/faxing/FedEx’ing DMCA notices is strongly discouraged and may delay processing of your request. Notices sent by mail/fax/FedEx do not receive any higher priority than notices sent by email.
Please be patient. DMCA notices are usually reviewed only during normal business hours from 9-5 Monday through Friday (Arizona time). We try to review notices the same day they are received, but it may take up to 72 hours to process your request. However, we DO NOT respond to notices or explain why a particular notice was not honored.
Repeat Infringer Policy: In addition to removing infringing content when appropriate, we will block access to the site (to the extent possible) by any user who we determine to be a repeat infringer. For the purposes of this policy, a “repeat infringer” is defined as any person who is deemed to have uploaded infringing content three (3) or more times within a period of six (6) months.
7. NO WARRANTIES
The Site is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
We do not warrant that the Site will be constantly available, or available at all; or the information on the Site is complete, true, accurate or non-misleading.
Nothing on the Site constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal, financial or medical matter You should consult an appropriate professional.
8. LIMITATIONS OF LIABILITY
We will not be liable to You (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with Your use of the Site to the extent that the website is provided free-of-charge, for any direct loss, for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if We have been expressly advised of the potential loss.
Nothing in these terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
You hereby indemnify Us against any losses, damages, costs, liabilities and expenses incurred or suffered by Us arising out of any breach by You of any provision of these terms and conditions, or arising out of any claim that You have breached any provision of these terms and conditions.
Without prejudice to any other rights, if You breach these Terms in any way, We may take appropriate action. This may include suspending Your access to the website, prohibiting You from accessing the website, blocking computers using Your IP address from accessing the website, contacting Your internet service provider to request that they block Your access to the website and/or bringing legal proceedings against You. We may, but are not obligated to, provide You with notice prior to taking any of these steps.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying You or obtaining Your consent. You may not transfer, sub-contract or otherwise deal with Your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. ENTIRE AGREEMENT
These Terms constitute the sole and entire agreement between You and Us in relation to Your use of the Site. These Terms supersede all previous agreements in respect of Your use of this website.
15. CALIFORNIA ONLINE ERASER ACT COMPLIANCE
The State of California recently passed a new “Online Eraser” law which is supposed to require websites to delete content posted by minors when asked by the original author. The new law became effective on January 1, 2015 and you can read a copy here: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB568
For various different reasons, we do not believe that California’s “Online Eraser” law applies to the Site. However, until the courts have resolved this issue we are willing to consider removal requests from California residents who posted content on our site while they were under the age of 18, subject to appropriate proof.
If you would like to request removal under this law, please send an email to [email protected] and put “California Online Eraser” in the subject line. Please include a link to the page in question and a clear copy of your government issued-ID. We may also request additional information as needed to process your request.
Also, the law requires that we provide notice of the following:
Cal. Bus. & Prof. Code § 22581. (a) An operator of an Internet Web site, online service, online application, or mobile application directed to minors or an operator of an Internet Web site, online service, online application, or mobile application that has actual knowledge that a minor is using its Internet Web site, online service, online application, or mobile application shall do all of the following:
(1) Permit a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application to remove or, if the operator prefers, to request and obtain removal of, content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the user.
(2) Provide notice to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application that the minor may remove or, if the operator prefers, request and obtain removal of, content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user.
(3) Provide clear instructions to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application on how the user may remove or, if the operator prefers, request and obtain the removal of content or information posted on the operator’s Internet Web site, online service, online application, or mobile application.
(4) Provide notice to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application that the removal described under paragraph (1) does not ensure complete or comprehensive removal of the content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user.