User Agreement

1. DEFINITIONS

Content shall be defined as any media, images, writing, or video provided by directly uploading or posting to RiverSpeak.net, as well as Content provided by way of any externally-hosted blogs that are syndicated to RiverSpeak.net now or in the future, together referred to simply as “Content,” and where the Content was provided by me, “my Content.”

RiverSpeak shall be defined as RiverSpeak, it’s website RiverSpeak.net, it’s fiscal sponsor Community-Minded Enterprises, and any online services, code, or functions contained therein.

2. RESPECTFUL AND ETHICAL USE

RiverSpeak’s online local arts forum is based on:

1. Original Content. Content that is either uploaded or syndicated to RiverSpeak.net must be mine or provided under licenses that permit me to deal with it in the way purported. This is my responsibility.
2. Respecting the rights of all copyright holders.

While RiverSpeak takes reasonable care to seek to ensure the Service is safe, secure, and well managed, as a community driven project RiverSpeak relies on fair play and goodwill between all of our members and RiverSpeak’s role is to act as trustee and guardian of this community. RiverSpeak will take action against any members who take steps to undermine this community of trust. RiverSpeak relies on its members, including me, to help in this duty for the benefit of all.

3. USER BLOG SYNDICATION

By becoming a user of RiverSpeak.net, I give RiverSpeak permission to syndicate my externally-hosted arts-related blog to RiverSpeak.net (if I provided a blog URL or if I provide one in the future), knowing it is the right of RiverSpeak to decline to syndicate my blog posts if the Content of my blog does not meet the mission and ethical standards of their website; additionally, I recognize that not all my posts may be chosen for RiverSpeak’s syndicated content, as each post is judged individually. If I wish to no longer participate in this service I must give RiverSpeak written notice and thirty days to remove my blog from their syndicated Content feeds; archived or previously syndicated Content from my blog will remain on RiverSpeak.net unless I request in writing to have all past Content removed within thirty days.

4. ORIGINAL CONTENT

I pledge any Content I provide to RiverSpeak.net (either by directly uploading, posting, or providing by way of any blogs that are syndicated to RiverSpeak.net now or in the future) is my own original work in both writing and/or images, and that I have a legal right to use all the content I provide to RiverSpeak and its website. Should I be charged with copyright infringement or plagiarism, RiverSpeak and/or it’s fiscal sponsor is no way liable for my Content that I provided to RiverSpeak directly or via my syndicated blog, as original content is my responsibility. I agree not to:

1. Modify, distribute, or create derivative works on RiverSpeak that are not my own Content.
2. Reproduce or distribute any Content (other than my Content) outside the website.

5. OWNERSHIP OF CONTENT

When I upload, post, or otherwise provide any Content to RiverSpeak.net I certify that I have all necessary right, title, and interest to do so and for the full range of purported activity.

My Content remains mine after publication online or in print by RiverSpeak.

I will copies of all my Content. If RiverSpeak were to have a data issue and the data was deleted by accident, virus or cyber attack, the Content associated with it may also be deleted and RiverSpeak is not liable for this possibility.

6.  CONTENT RESTRICTIONS

I am solely responsible for my conduct and Content provided to RiverSpeak. I also agree not to upload, post, email, or otherwise make available any Content which:

1. I do not own or in which I don’t have sufficient rights or which infringes the intellectual property rights of another party in any manner (including copyright, patents, trade mark rights, moral rights, rights of privacy or any other recognized property or privacy right)
2. is harmful, threatening, abusive, harassing, defamatory, libelous to any person, or which harms minors in any way
3. is false, deceptive, misleading, deceitful or abusive
4. constitutes or contains any form of unsolicited advertising
5. is obscene, pornographic, indecent, abusive, inflammatory or otherwise objectionable in RiverSpeak’s sole discretion
6. does not comply with any applicable laws or regulations

7. PROPRIETARY RIGHTS IN THE SERVICE

With the exception of my Content, I agree that all the intellectual property in RiverSpeak.net is owned by RiverSpeak or the applicable other User(s). RiverSpeak, RiverSpeak.net, and other related graphics, our logo and sub-logos, RiverSpeak marks, tag-lines and trade names used on RiverSpeak.net are the trade marks and service marks of RiverSpeak and may not be used without permission. Other trademarks, service marks, and trade names that may appear on RiverSpeak are the property of their respective owners.

8. RESPONSIBLE BEHAVIOR

In addition to the Restrictions on Content, I shall not:

1. Harass, degrade, intimidate or be hateful or an annoyance towards any individual or group of individuals;
2. Impersonate a RiverSpeak employee, editor, guide or user or falsely state or otherwise misrepresent my affiliation with a person or entity;
3. Include personal or identifying information about another person without that person’s explicit consent;
4. Use software, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. Disrupt the normal flow of dialog with an excessive number of messages (flooding attack) to RiverSpeak.net, or that otherwise negatively affects other Users’ ability to use RiverSpeak.net;
6. Employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through RiverSpeak.net or harvest or otherwise collect information about users, including email addresses, without their consent.
7. “Stalk” or otherwise harass anyone
8. Collect personal data about other Users for commercial or unlawful purposes
9. Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on RiverSpeak’s infrastructure
10. Attempt to gain unauthorized access to RiverSpeak’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, RiverSpeak.net;
11. Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of RiverSpeak.net.

9. REMEDIES

Because of the volume of Content, RiverSpeak is unable to monitor all Content and rely on Users and the community to help identify problems. I will report problems, offensive Content, and policy violations to RiverSpeak via the contact form on RiverSpeak.net. Without limiting other remedies, RiverSpeak may limit, suspend or terminate services and user accounts, prohibit access to Riverspeak.net and its Content, services and tools, delay or remove hosted Content, and take technical and legal steps to keep users off the sites if RiverSpeak believes that such users are creating problems, legal liabilities, or acting inconsistently with the letter or the spirit of RiverSpeak policies.

10. DISCLAIMER OF OTHER USER’S CONTENT

Content from other Users or advertisers is made available to me through RiverSpeak. Because RiverSpeak does not control such Content, I agree that RiverSpeak is not responsible for any such Content. My interactions with other Users on RiverSpeak.net are solely between me and the User. Like with any web-based interaction, RiverSpeak suggests I use caution and good judgement.

I agree that RiverSpeak is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of my personal data. If there is a dispute between me and any third party (including any User), RiverSpeak is under no obligation to become involved.

I release RiverSpeak, officers, employees, agents, fiscal sponsor(s), and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) RiverSpeak.net.

11. USERNAMES, PASSWORDS, AND SECURITY

I must be a registered User to share Content on RiverSpeak.net. As a registered User, I am responsible for keeping my password secure. I understand that any contact information I provide on my user profile is displayed publicly and I will not hold RiverSpeak responsible for unwanted contact or solicitations. RiverSpeak usernames (or other identifiers) are non-transferable and RiverSpeak may reject any username it deems inappropriate. I am be solely responsible and liable for any activity that occurs under my account. While RiverSpeak will make reasonable efforts to protect such information, RiverSpeak does not warrant and cannot ensure the security of any information that I transmit on RiverSpeak. Accordingly, any information that I transmit via RiverSpeak is transmitted at my own risk.

12. MY ACCOUNT

This User Agreement commences upon my acceptance of its terms and continues until terminated. This User Agreement will automatically terminate if RiverSpeak decides, in its sole discretion, to discontinue RiverSpeak.net.

13. DEACTIVATING MY ACCOUNT

I may deactivate my RiverSpeak account at any time, for any reason, by following the instructions on RiverSpeak or otherwise notifying us in writing. RiverSpeak has the right (at its sole discretion) to delete or deactivate my account or otherwise terminate my access to or use of RiverSpeak.net, or remove and discard any Content without notice and for any reason in its sole discretion.

Upon deactivating my account, our Agreement terminates and my access rights to RiverSpeak.net will immediately cease to exist. For Content I wish to delete from the Service, I can notify RiverSpeak in writing via our contact form and allow thirty days for RiverSpeak to comply with my request.

14. CHANGES TO RIVERSPEAK AND ITS ONLINE SERVICES

RiverSpeak reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any service, activity, or function at RiverSpeak.net or any part thereof with or without notice. RiverSpeak will not be liable to me or to any third party for any modification, suspension or discontinuance of service(s).

15. INDEMNITY

I agree to indemnify, defend, and hold harmless RiverSpeak and its subsidiaries, affiliates, officers, agents, fiscal sponsor, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to:

1. any Content I submit, post, transmit, or make available through the Service;
2. my use or misuse of the Service;
3. my connection to the Service;
4. my violation of this User Agreement or any additional policy or rules relating to the Service from time to time; or
5. my violation of any rights (including intellectual property rights) of a third party.

16. LIMITATION OF LIABILITY

I agree that RiverSpeak shall not be liable to me for (a) any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if RiverSpeak has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Service or any Content, (ii) unauthorized access to or alteration of my transmission of data; and (iii) statements or conduct of any third party (including another User) in RiverSpeak or any Content; or (b) for any damages arising from or related to my use of the Service.

17. UPDATED USER AGREEMENT

This User Agreement may be updated or changed by RiverSpeak from time to time upon RiverSpeak’s posting of the amended terms on this page or by notification by email or both. If I do not agree to changes to the User Agreement, I must notify RiverSpeak to terminate my account. In addition to this User Agreement, I will comply with all policies applicable to RiverSpeak and the services it provides, whose policies are (i) either posted on RiverSpeak or provided to me and (ii) incorporated by reference into this User Agreement. Continued use of the RiverSpeak website shall be deemed acceptance of any such changes.