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Terms Of Use

Effective date: March 31, 2014.

Acceptance of the Terms of Use

Duffel Blog (www.duffelblog.com) is a website owned by Duffel Media LLC, a California limited liability company. You are invited to submit articles, post comments, sign up to receive newsletters and RSS feeds, and visit Duffel Blog in accordance with these Terms of Use. These Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of Duffel Blog on all platforms, whether accessed via web browser, mobile device, non-browser application, or e-mail (collectively, the “Site”). “You” and “your” refer to you as the user of the Site. “Duffel Blog,” “we,” “us” and “our” refer to Duffel Media LLC and our successors, partners, affiliates, subsidiaries, and assigns.

By using the Site, you expressly accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to be bound by these Terms of Use, you may not access or use the Site.

Changes to the Terms of Use

Duffel Media reserves the right to modify these Terms of Use at any time and will publish notifications of material modifications in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.

By continuing to access the Site after notice of such modifications have been published, you signify your agreement to be bound by them. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection comply with these Terms of Use.

To access the Site or some of the resources it offers, you may be asked to provide certain details or other information to become a registered user (“Registered User”). It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Terms of Sale

You are not required to purchase anything in order to access the Site, register, post comments, sign up to receive certain newsletters and RSS feeds.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Duffel Media LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the material on the Site only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser, and for features of the Site that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the Site.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Reverse-engineer or otherwise attempt to steal the software code of the Site
Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyright

“Duffel Media,” and all related names, logos, product and service names, designs, and slogans are copyrights Duffel Media LLC. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Linking to Website and Social Media Features

You may link to our homepage or other pages on the Site provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part. This Site may provide certain social media features that enable you to:

Link to the Site from your own or third-party website
Send e-mails or communications with Site content or links to Site content
Cause portions of Site content to display or appear on your own or third-party websites
You may use these features solely as they are provided by the Site, and solely with respect to the Site content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Prohibited Uses of the Site

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Duffel Media, a Duffel Media employee, another user, or any other person or entity (including, without limitation, by using their e-mail addresses or screen names).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Duffel Media or users of the Site or expose them to liability.
To monitor, scrape, index, or otherwise copy any of the material on the Site by means of any robot, spider, or other automatic device, process, or means, regardless of whether such use may be considered a fair use under United States copyright law.
Additionally, you agree not to interfere with or attempt to interfere with the proper working of the Site, including but not limited to:

Use the Site in a manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site;
Use any device, software or routine that interferes with the proper working of the Site; introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or
Attack the Site via a denial-of-service attack or distributed denial-of-service attack.
Engaging in a prohibited use of the Site may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

User Contributions

The Site may contain features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By posting any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution.

You represent and warrant that you own or control all rights in and to the User Contributions, including the right to license such User Contributions, and that all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Duffel Media LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Disclosure, Monitoring, and Enforcement Related to User Contributions

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS DUFFEL MEDIA LLC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards for User Contributions

These Content Standards apply to any and all User Contributions. You are responsible for your own User Contributions, and you agree that, to the best of your knowledge, your User Contributions will comply with applicable local and federal laws. Do not make User Contributions that involve the following:

Securities for sale, barter, or exchange
Harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others
Illegal activities
Impersonation of any person or entity, or falsely state or misrepresent your affiliation with a person or entity
Infringement of another’s intellectual property of any type, including, but not limited to, trade secrets, trademarks, and copyrights
Obscene, vulgar, bigoted, hateful, or racially offensive language or images
Commercial advertising
Gambling, contests, chain letters, “pyramid schemes,” or “multi-level marketing” schemes
Violations of any applicable local, state, national, or international law in connection with your use of the Site, including securities laws and regulations.
Personally attacking the author of a post or other users
Furthermore, you agree that, if a third party claims that any User Contribution you have contributed to the Site is unlawful, you will bear the full burden of establishing that the User Contribution complies with all applicable laws.

How to Report Violations

If you believe that any content on the Site violates the Terms of Use, please notify the Site by sending an email to mailbag@duffelblog.com. The Site does not guarantee that any action will be taken as a result of your e-mail.

Do Not Rely on Information Posted

The content of the Site is offered for general information, discussion, and entertainment purposes only. Some of the content is unmoderated and reflects the personal opinions of users. You should be skeptical about any information on the Site because the information may be offensive, harmful, and/or wrong. Neither the content of the Site, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by Duffel Media or any affiliated person or entity.

We do not warrant the accuracy, completeness, or usefulness of the information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Duffel Media, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Duffel Media. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Age and User Contribution Removal

Duffel Blog is not intended for children under 13 years of age. If you are under 13, do not use or provide any information on the Site or on or through any of its features, register on the Site, use any of the interactive or public comment features on the Site, or provide any information about yourself to us. See our Privacy Policy for more information about contacting Duffel Media if you believe we have collected information from a child under 13.

Duffel Media allows minors under the age of 18 years old to access, or become Registered Users of, the Site. Notwithstanding this, if you are a minor under the age of 18 years old and a Registered User you may request removal of your User Contributions posted on the Site. To request removal of a User Contribution, you must notify us at mailbag@duffelblog.com. When you contact Duffel Media to request removal of a User Contribution, we require you to authenticate your status as a Registered User and to identify the particular User Contribution to be removed by providing the (1) URL to the User Contribution, (2) the date and time at which the User Contribution was posted, and (3) the contents of the User Contribution. If you do not properly notify us, authenticate your status as a Registered User, or properly identify the particular User Contribution to be removed, Duffel Media is not required to remove your User Contribution and removal will be in our sole discretion.

Removal of User Contributions from the Site does not ensure complete or comprehensive removal of your User Contributions from the Site. Duffel Media, in our sole discretion, may retain your User Contributions on our servers in some form. However, removal will render your User Contribution invisible to other users of the Site. We may, in our sole discretion, decide to anonymize your User Contribution such that you cannot be individually identified, rather than remove the User Contribution. In the event your User Contribution is anonymized, it will remain visible to other users of the Site.

Duffel Media is not responsible for the removal of User Contributions that are cached, copied, or reposted by third parties. Likewise, to the extent that any provision of federal or state law requires us to maintain certain User Contributions, we will not remove the User Contribution from the Site.

Disclaimer and Limitation on Liability

The Site and any information, products, or services therein are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Duffel Media hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Duffel Media does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of the Site or information obtained from or through the Site is at your own risk.

In no event will Duffel Media, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to the Site, any content on the Site or such other websites or any services obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Neither Duffel Media nor the Site is an intermediary, broker/dealer, investment advisor, or exchange, and neither provides services as such.

Choice of Law and Forum

You agree that any dispute arising out of or relating to the Site, these Terms of Use, or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Berkeley, California as the legal forum for any such dispute.

Copyright Policy

Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please fill out the Notice of Infringement form below and mail it to us.

The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially 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 are covered by a single notification, a representative list of such works at that Site.

Identification of the material 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 the service provider to locate the material.

Information reasonably sufficient to permit the service provider 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 that the complaining party has 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.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Our designated agent to receive copyright infringement notifications is listed below on the Notice of Infringement form. Please mail a separate Notice of Infringement each time you would like to report an alleged act of infringement.

Indemnification

You agree to indemnify, defend, and hold harmless Duffel Media from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Site, or your placement of any content onto the Site, and to fully cooperate in Duffel Media’s defense against any such claims.

Waiver and Severability

No waiver of or by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Integration

These Terms of Use constitute the entire agreement between you and Duffel Media with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

Notice of Infringement Form

Duffel Media LLC
1205 Peralta Ave. #4
Berkeley, CA 94704
mailbag@duffelblog.com
347-867-8859

Date: ______________

Dear Madam or Sir:

I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that the information in this Notice of Infringement is accurate, and that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights. The name of such owner is ______________________________ (the “Owner”).

I have a good faith belief that the material identified below is not authorized by the above Owner, its agent, or the law and thus infringes the Owner’s rights. Please act promptly to remove or disable the access to the material or items claimed to be infringing.

Location of the alleged infringing material:

____________________________________________

Description of the infringing material:

____________________________________________

Description of the copyrighted work that you claimed is infringed:

____________________________________________

You may contact me at:

Name: ___________________________________

Title: ___________________________________

Company: ________________________________

Street address: ____________________________

City, State: _______________________________

Zip: ___________________________________

Tel.: ___________________________________

E-mail: ___________________________________

Fax: _____________________________________

Contact Us

If you have any feedback, comments, or questions relating to these Terms of Use or the Site, please e-mail questions to mailbag@duffelblog.com. You can also reach us by mail at 1205 Peralta Ave. #4, Berkeley, CA 94704.