Terms of Service

This document was last updated on March 6, 2009

CanISaySomething.com is a place for people to express themselves on anything and everything. We want our members to become informed, involved, and engaged in their interests with others on both a global and national level. Our goal is to provide a dynamic environment in which members are encouraged to voice their ideas, thoughts, and concerns to their peers.

When you access, peruse, browse, or use canisaysomething.com you are accepting the following Terms of Service stipulated in this document. Use of canisaysomething.com and any services, features, and/or contents constitutes your compliance with our Privacy Policy. Please read over the Terms of Service as well as the Privacy Policy; if you are unwilling or unable to be bound by them please refrain from using canisaysomething.com. At any time, canisaysomething.com may change, modify, add, or delete portions of this agreement. Such changes are effective immediately. Your continued use of canisaysomething.com signifies your acceptance of a modified agreement. The date at the top of this page will signify as a notice to any changes made to this document.

1. What does it mean?

To make sure you have a full understanding of this document canisaysomething.com is defining what we mean by certain words. "We," "us," "our," and "canisaysomething.com" refers to the website canisaysomething.com. A "user" or "member" refers to any person who accesses, browses, or in any way uses the site. This includes, but is not limited to: you, others who read postings, writers, others who subscribe to blogs or newsletters, as well as businesses and other institutions that work with canisaysomething.com. "Services" refers to the functionality available on canisaysomething.com. "Content" means any information, images, audio, video, or communications made available on the site. More specifically, "Your Content" refers to anything that you submit including commentary, account information, fan requests, ratings, and anything else you may submit, post, or transmit during your use of canisaysomething.com.

2. Who does it apply to?

These Terms of Service apply to any and all users, participants, and members of the canisaysomething.com website. The website includes all content that is found on canisaysomething.com including: comments, discussions, blogs, polls, and information accessed from third party sites. Visitors and guests of canisaysomething.com are also bound by the Terms of Service set forth in this document. To help protect children and their rights, canisaysomething.com requires that you must be at least 13 years of age to be registered as a member. If you are under the age of 13 then you are not allowed or encouraged to register. By registering you warrant you are 13 years of age or older. Canisaysomething.com reserves the right to cancel/terminate your membership at our sole discretion with or without notice. You may also terminate your membership at anytime. If you access or use canisaysomething.com on behalf of a company or organization then you are warranting that you are an authorized representative of such company of organization with the authority to bind it with these Terms of Service.

3. Rights and Restrictions

All of us at canisaysomething.com provide you the use of this website free of charge (except for third party advertisers) asking only that you are in compliance and agreement with the Privacy Policy and Terms of Service of the site. We reserve all rights to the canisaysomething.com website. We grant you, as a user, permission to utilize canisaysomething.com under the following conditions:
A. You will not change or modify the website other than its intended purpose.
B. You will comply with the Terms of Service
C. You will comply with the Privacy Policy
D. You will use the canisaysomething.com logo and taglines in connection with displaying content on all other sites
The canisaysomething.com website contains personally identifiable information as well as content given by users and licensors. Discussions, polls, blogs, and user information may not be used , copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, for any other purposes that involve exportation unless there is prior consent.

By using canisaysomething.com you also agree not to launch or program any automated system, including but not limited to: robots, spiders, offline readers, or any other system that accesses the website in any such fashion. Canisaysomething.com does however grant the operators of public search engines the right to use spiders to copy materials for the purpose of creating publically searchable indexes of the materials. We reserve the right to revoke this privilege at anytime. You further agree not to collect or keep any personal information that may be attained from user accounts from the website.

This agreement further states that by utilizing canisaysomething.com you grant us and our affiliates the fully paid up, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferred license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and generally exploit your content for any purpose. This includes but is not limited to promoting and distributing the site through any media formats and through any media channels. In doing so, you are agree that users, site administrators, and third-parties have a non-exclusive license to access, use, reproduce, distribute, display, and perform your content for their personal, non-commercial use in connection with their use of canisaysomething.com. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to any of your content on the canisaysomething.com website.

Canisaysomething.com uses and contains proprietary intellectual property rights that are owned and licensed by us. Any use of the site does not constitute authority or rights to license intellectual property rights except for information that can be found in the public domain. Regarding your feedback or any such assistant in developing canisaysomething.com you agree to grant us a perpetual worldwide, fully paid, irrevocable, transferable license, to use and sublicense the intellectual property. This includes any ideas, designs, plans, or know-how that you may present to canisaysomething.com. Canisaysomething.com owns all content, not limited to visual interfaces, interactive features, graphics, design, compilation, discussions, survey results, and all other elements and components of the site, excluding user content and third party content.

Restrictions:

You agree you, or others with access to your account, will not:

• Clutter the site with spam, contests, junk email, pyramid schemes, mass messaging, or any other type of unwanted and unsolicited message;
• Use the site to promote discrimination or bigotry against any individual or particular group of people;
• Utilize the site to violate any third-party right, including copyrights, trademarks, patent, trade secret, moral right, privacy right, or any proprietary right; Use the site to threaten or harass another user or person in any way. This includes stalking, defrauding, harassing, inciting, or interfering with another user's enjoyment of the site;
• Use the site to post illegal materials, or initiate illegal activities, including obscene or pornographic material;
• Use the site to solicit information from minors;
• In any way exploit the services or any of the site content;
• Collect or record information about users;
• Remove copyright, trademark, or other proprietary rights contained in the site or in any site content;
• Reformat, reframe, or reverse engineer any portion of the site

4. Your user account

To use all the features and benefits offered by canisaysomething.com you are required to register on the site by providing information about yourself to us. As a registered member of the site you are responsible for the safeguard of any passwords that you create or utilize in connection with canisaysomething.com. By registering with the site you agree to notify us immediately of any unauthorized use of your account. Canisaysomething.com reserves the right to close/cancel your account at any time for any reason. Termination of your account may include: removal of access to all offerings within the services, deletion of your password and all related information, files and materials associated with or inside your account (including your content). You agree that canisaysomething.com will not be liable to you or any third party for termination of your account or access to the site.

5. Your content

To comply with Title 17, United States Code, Section 512 (c) , which is part of the Digital Millennium Copyright Act (DMCA) canisaysomething.com has adopted the following procedures toward copyright infringement. To reach canisaysomething.com's registered agent please email contact@canisaysomething.com. It is our policy to respond promptly to notices of alleged copyright infringement and to then terminate the account of those who acted unlawfully. Canisaysomething.com does not in any way permit or condone copyright infringing activities and infringement on intellectual property. Canisaysomething.com will immediately remove any such content if properly notified of the infringement.

Those of you who are a copyright owner or agent thereof and are wishing to contact us regarding such infringements should send written notification that includes the following:

• Identification of the copyrighted work that your claim has been infringed
• Identification of the content on the site that allegedly infringes upon the copyrighted work at issue as well as sufficient information for canisaysomething.com to locate this content within the site.
• A statement that you attest, with a penalty of perjury, that your statement whether on your own behalf or someone else's is accurate to your knowledge.
• Please provide us with your physical and/or electronic signature together with your contact information (address, telephone, and email address).

You understand that while using the canisaysomething.com website that you will be exposed to user content from a multitude of sources and that we are not liable for the accuracy, usefulness, safety, or intellectual property rights relating to such user content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against canisaysomething.com with respect thereto, and agree to indemnify and hold canisaysomething.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

8. Other disputes

This agreement and any disputes arising from this agreement or the use of the website shall be governed by the laws of the state of Illinois without reference to its provisions on conflict laws. A dispute in any way relating to canisaysomething.com (including but not limited to your visit or use of the web site) shall be submitted in confidential arbitration in Chicago, Illinois, except that, to the extent that you have threatened or violated proprietary rights of canisaysomething.com, we may seek injunctive or other appropriate relief in any state of federal court of competent jurisdiction. For the purpose of such a relief, you consent to, and waive all defenses of lack of personal jurisdiction. Any arbitration under this agreement shall be conducted under the rules then prevailing under the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim, action, or proceeding by you related in any ways to the web site must be instituted within one year after the cause of action arose or be forever waived and barred.

9. Disclaimer

Canisaysomething.com has the right, in its sole discretion, to remove or restrict access to any material that is uploaded, posted, or displayed by another user when the Terms of Service or Privacy Policy is violated. Notwithstanding such right, canisaysomething.com is not liable for any material uploaded by a member, including but not limited to, the accuracy of the material or user conduct either online or offline. Canisaysomething.com is provided for the user "As Is" and we do not guarantee the functionality or a particular result from the use of the site. You agree that use of the website shall be at your sole risk. To the fullest extent of the law, canisaysomething.com, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. You also acknowledge that canisaysomething.com is not liable for any interruption or breakdown of service, loss/corruption of data, and attacks against the site from third parties, or any other technical glitch or malfunction.

Canisaysomething.com makes no warranties or representations about the functionality of this website or validity of this websites' content as well as content from third parties and assumes no responsibility for any errors, mistakes, inaccuracies, or personal injuries or damage, of any nature whatsoever, resulting from your access to or inability to access our website. This includes any viruses, Trojan horses, bugs, or the like which may be transmitted to or through our website. Canisaysomething.com does not warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party. We are not liable in any way for any transaction that may occur between you and third parties, and if purchasing a product or service through any medium you should exercise your best judgment and caution.

CANISAYSOMETHING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT.

10. Limitations of liability

In no event whatsoever, shall canisaysomething.com, it's affiliates, employees, or directors, be liable to you for any direct, indirect, incidental, or any other damages resulting from your use of canisaysomething.com or third parties associated with the site. By registering or using the site, you are specifically acknowledging that canisaysomething.com is not liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm from the aforementioned rests solely on you.

The site is controlled and offered by canisaysomething.com from its facilities in the United States. Those who access the site internationally do so at their own volition and are responsible for compliance with the appropriate local law. Notwithstanding any provision to the contrary, canisaysomething.com's liability to you will be limited to the amount paid, if any, by you to canisaysomething.com for the services of the website.

11. Blog feeds

To keep you updated with the most current topics, we make available to you the most recent blog postings and the top rated postings at several different points in the site. This is made possible through Real Simple Syndication and Atom feeds. To enrich your experience at canisaysomething.com you may access and use the feeds for personal, non-commercial purposes only. It is also important that you know any topic you post could link back to relevant pages on the site and be the source of feed content for all members to see. Feed content does not in any way suggest that canisaysomething.com endorses or promotes any third party causes, ideas, products, or services. We reserve all rights to the feed content and may terminate the feeds at any time.

12. Indemnity

You agree to indemnify and hold canisaysomething.com, employees, directors, affiliates, and any related companies harmless, including costs and attorney's fees, from any claim or demand made by any third party to or arising out of your access or use of the site or services. This also includes fees from violations of the Terms of Service and Privacy Policy, or the infringement by you or any third party using your account, of any intellectual property or other right of any person or entity. Canisaysomething.com reserves the right, at your expense, to assume the exclusive defense of these claims. You agree not to settle any matter without prior written consent from canisaysomething.com

13. Third party sites

Canisaysomething.com may include links to third party sites. We do not control or endorse any of these third party and you agree that canisaysomething.com is not responsible for the availability of contents of liabilities resulting from access of a third party site.

14. Your opinion...feedback!

Negative: If you are unhappy with canisaysomething.com then please let us know by providing feedback to our customer support team. You can contact them by emailing contact@canisaysomething.com with feedback in the subject line. Please review both the Terms of Service and Privacy Policy prior to your contact with us. We ask that you do so because your issue/problem/suggestion may be addressed in one of these documents.
Positive: We would like to make canisaysomething.com the leading place for discussion. To do so we need your help! By submitting ideas, proposals, and suggestions you can help us make this site the best it possibly can be. You can submit commentary to contact@canisaysomething.com. You agree and acknowledge that your feedback does not contain any intellectual property of third parties and that we are under no obligation of confidentiality with respect to feedback. All feedback automatically becomes property of canisaysomething.com. We are entitled to use, at our discretion, any feedback we receive and the sender is not entitled to any compensation of reimbursement of any kind.

15. Miscellaneous

• The Terms of Service are not assignable, transferable, or sublicenseable by you except with written consent from canisaysomething.com.
• No agency, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind canisaysomething.com in any respect whatsoever.
• You can check to see if the Terms of Service or privacy policy has been changed at any time by viewing the date at the top of this page.
• The Terms of Service contains your entire agreement between you and canisaysomething.com regarding the use of the site and therefore supersedes any prior agreement between you and canisaysomething.com on such subject matter.
• The failure of canisaysomething.com in any respect to enforce or exercise any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights.
• Shall any provision in this Terms of Service document or the Privacy Policy be found invalid or unenforceable that provision shall be eliminated or revised to the minimum extent necessary so that the documents will otherwise remain in effect and enforceable.

16. Investigating

To help keep the site secure and safe for all users and members, canisaysomething.com in it's sole discretion may monitor or review the services and site content on the site at anytime. Should we become aware of any possible violations by you or another of the Terms of Service, the law, or a third party right, then canisaysomething.com reserves the right to investigate such violations. If we recognize that criminal activity has occurred as the result of such investigation, then we reserve the right to refer the matter to and cooperator with any and all applicable law enforcement authorities. We reserve the right to exercise whatever lawful means deemed necessary to prevent unauthorized access to or use of canisaysomething.com. This may include technological barriers, IP mapping, and contacting your Internet Service Provider regarding such authorized use.

17. Questions?

If you have any questions, concerns, or suggestions, please email them to contact@canisaysomething.com