1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use shawnpmitchell.com (the “Site”), Shawn P. Mitchell’s social media posts and profiles, email notifications, any of the features of this site, including but not limited to RSS, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Use between you and Shawn P. Mitchell (“Shawn P. Mitchell”, “me” or “I”).
1.2 I may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 I may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. I may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. CONTENT ON THE SERVICES
2.1 All materials published on the Services (including, but not limited to articles, photographs, images, illustrations, audio clips, and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Shawn P. Mitchell or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 The Services may contain third-party owned content and links to other websites (“Linked Sites”). Shawn P. Mitchell does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Shawn P. Mitchell, and Shawn P. Mitchell is not responsible for the content or privacy practices of the Linked Sites.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS, AND MORE
3.1 You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
Use respectful language. Like any community, the online conversation flourishes only when Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. Shawn P. Mitchell encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to all or part of the Services.
3.2 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of Shawn P. Mitchell, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Shawn P. Mitchell and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in my RSS feeds and APIs and made available for republishing through other formats.
3.4 You grant Shawn P. Mitchell a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Shawn P. Mitchell or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other Web site owned by Shawn P. Mitchell, including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while Shawn P. Mitchell does not and cannot review every Submission and is not responsible for the content of these messages, Shawn P. Mitchell reserves the right to delete, move, or edit Submissions that I, in my sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
4. Limitation of Liability
In no event will Shawn P. Mitchell or his affiliates or any party involved in creating, producing, or delivering the Services be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the Services or any linked sites, or in connection with any failure of performance, error, transmission, computer virus, or line or system failure. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. Shawn P. Mitchell’s liability in all countries and jurisdictions shall be limited to the maximum extent permitted by law.