DemocraSay

Acceptance of terms

DemocraSay is owned and operated by Tapestry Intelligence, a California corporation. The website DemocraSay.com provides an online collection of user posted content, (referred to hereafter as “the Service”) subject to the following terms of use. By using the Service in any way, you are agreeing to comply with the terms of use. Should you object to any term or condition of the terms of use, any guidelines, or any subsequent modifications thereto or become dissatisfied with DemocraSay in any way, your only recourse is to immediately terminate your account and discontinue use of DemocraSay.

Modifications to this agreement

Tapestry Intelligence reserves the right to modify this policy. The modified policy will be available for your review at this site.

Registration and accounts

You must register to create an account with DemocraSay and gain access to certain functions on the site. As a member, with a basic account, you can read content, create comments, and post content on the site. In order to vote and/or earn money, you must become verified. You will verify that the information you provide is accurate, current, and complete, and that you will keep it up-to-date. We reserve the right to audit member information at any time. Failure to reply fully to staff questions during this process in a timely fashion, may result in the retroactive suspension of member privileges and removal of prior votes cast.

You bear sole responsibility for all use of your account and for the confidentiality of any passwords you create to access DemocraSay. You agree not to share or transfer your password or other information with any other party, temporarily or permanently. Should you notice any unauthorized use of you account, contact us immediately through our feedback form. DemocraSay will not be responsible for any losses that you may incur as a result of someone else using your account. Each person may only open one (1) account. To post content on the site, you must be at least 13 years of age or older or have parental permission.

Tapestry Intelligence and DemocraSay reserve the right (but not the obligation) to delete or deactivate an account at anytime if we know or suspect the member has engaged in fraudulent behavior or other unacceptable activities as outlined in this TOU. You may also deactivate your account at any time.

User posted content

All content submitted to DemocraSay (including , but not limited to, postings, messages, text, files, images, photos, video, sounds, or other materials, links) is the sole responsibility of the person submitting the content and must conform to copyright laws. Tapestry Intelligence and DemocraSay do not control, and are not responsible for content made available through the Service. Visitors to DemocraSay may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the DemocraSay site and content available through the Service may contain links to other websites, which are completely independent of DemocraSay and Tapestry Intelligence. Tapestry Intelligence makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Users linking to other websites from DemocraSay do so at their own risk. The user agrees that to evaluate, and bear all risks associated with the use of any content, and that under no circumstances will DemocraSay or Tapestry Intelligence be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content made available by the Service. Tapestry Intelligence and DemocraSay do not pre-screen or approve content, but retains the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for any reason.

Although Tapestry Intelligence and DemocraSay do not claim ownership of the content you publish on DemocraSay, by submitting your content to DemocraSay, you grant DemocraSay and Tapestry Intelligence (and any Tapestry Intelligence successors-in-interest, subsidiaries, or parent companies), a worldwide, perpetual, irrevocable, transferable, non-exclusive, sub-licensable right and license to, in whole or in part, with or without attribution to you, use, copy, modify, edit, adapt, publish, publicly display/perform, translate, display, create derivative works from and/or license (or sell with your authorization) and/or distribute content posted to DemocraSay. Tapestry Intelligence and DemocraSay’s rights to content you submit include the right to make editorial revisions to your content, to use in anyway the materials you submit on the websites owned or controlled by Tapestry Intelligence or any other Tapestry Intelligence media and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the Service, you automatically grant Tapestry Intelligence and DemocraSay all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the Service by any party for any purpose. This license remains in affect after your account has been terminated by you or by Tapestry Intelligence.

Copyright policy

DemocraSay DMCA compliance policy and notification agent

It is the policy of Tapestry Intelligence to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, title 17, United States code, section 512 ("DMCA"). Pursuant to the DMCA, DemocraSay has designated an agent to receive notification of alleged copyright infringement occurring on web pages or computer servers. If you believe that your copyrighted work is being infringed on a developers.net site, please notify our designated agent:

U.S. Mail:
Tapestry Intelligence
10512 SW Laurel St.
Beaverton, OR 97005.

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Contents of notice

Tapestry Intelligence may not be able to act on your complaint promptly or at all if you do not provide the following information.

The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, you must:

1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit developers.net to locate that material.
3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
5. Certify that the information that you have provided developers.net is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.

Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States copyright office provides basic information, online, at http://www.loc.gov/copyright/circs/circ1.html, which can assist you to determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

Notice, takedown, and putback procedure

Tapestry Intelligence and DemocraSay expects all users of its system to comply with applicable copyright laws. However, if Tapestry Intelligence and DemocraSay is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. Tapestry Intelligence and DemocraSay will follow the procedures outlined in the digital millennium copyright act with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, putback of the alleged infringing material. Refer to the United States copyright office for the provisions of the DMCA at http://www.loc.gov/copyright/legislation/dmca.pdf.

Repeat infringers

Where it has been clearly established that a DemocraSay user is a repeat offender, DemocraSay may terminate that person’s account and/or site access.

US copyright law and DemocraSay policy

Copyright infringement is a violation of federal law and subject to severe civil penalties and sanctions. Copyright infringement can also be a violation of federal criminal law. 
For more information on US Copyright law and the DMCA, consult the web site of the U.S. Copyright Office. The US Copyright office has a variety of circulars and forms, available online or printed, which can provide answers and guidance to many copyright questions and issues. The copyright office’s circular, http://www.loc.gov/copyright/circs/circ1.html, has simple, concise, explanations and descriptions of what you must do to keep from infringing copyrights of others, as well as protecting your own creative works. In addition, there are resources available through the library or through a simple web search on copyright.

Privacy and information disclosure

At Tapestry Intelligence and DemocraSay we respect your right to privacy. DemocraSay is completely secure and confidential. We do not sell, barter, or give away your email address, personal information. 



Information collected and usage: when you register with DemocraSay, we may collect limited personal information, including but not limited to, email address, job title, state, country, and zip code. On occasion we request additional information through surveys or contests regarding demographics, work experience, interests, and technology usage. We use this information to create general statistics about members of the DemocraSay community. We may share this collective information with our sponsors. We may share member information including, but limited to, names and emails to provide products, services, or information you’ve request from our partners, when we have your permission. We may contact you by email regarding DemocraSay business, including but not limited to information about changes to the terms of use and other policies, improvements to the site, new opportunities on DemocraSay, and your content on DemocraSay. While you visit the DemocraSay site, we collect system-related data, such as IP addresses and pages visited, in order to monitor site usage. This allows us to make site improvements and additions of content that are relevant to our users. You may also choose to discontinue your membership in the DemocraSay community at any time.

Conduct

You agree not to post, email, or otherwise make available content:

1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
2. that is pornographic or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. that impersonates any person or entity, including, but not limited to, a Tapestry Intelligence employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
4. that includes personal or identifying information about another person without that person’s explicit consent;
5. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
6. that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
7. that contains 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;
8. that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
9. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.

Additionally, you agree not to:

1. contact anyone who has asked not to be contacted;
2. “stalk” or otherwise harass anyone;
3. collect personal data about other users for commercial or unlawful purposes;
4. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Tapestry Intelligence;
5. post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
6. attempt to gain unauthorized access to Tapestry Intelligence’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Tapestry Intelligence or DemocraSay websites; or
7. use any form of automated device or computer program that enables the submission of postings on DemocraSay without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. Attempt to manipulate the DemocraSay voting system. DemocraSay is designed to allow anyone who desires to publish their content on the web and receive the votes of their peers. We will do our best to prevent fraud and manipulation of votes or other kinds of cheating. Any misconduct by you, including attempts to manipulate the voting system will result in your immediate exclusion from DemocraSay and the cancellation of your Account.

No spam policy

You understand and agree that sending unsolicited email advertisements to DemocraSay email addresses or through Tapestry Intelligence computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in California. Any unauthorized use of Tapestry Inteliigence’s computer systems is a violation of the TOU and certain federal and state laws, including without limitation the computer fraud and abuse act (18 u.s.c. § 1030 et seq.), section 502 of the California penal code and section 17538.45 of the California business and professions code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Limitations on Service

You acknowledge that Tapestry Intelligence may establish limits concerning use of the Service, including the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Tapestry Intelligence has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that Tapestry Intelligence reserves the right at any time to modify or discontinue Service (or any part thereof) with or without notice, and that Tapestry Intelligence shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Access to the Service

Tapestry Intelligence grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by posting agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Tapestry Intelligence. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other Service that specializes in content aggregation or solicitation. Tapestry Intelligence permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Tapestry Intelligence to do so. You may also create a hyperlink to the home page of Tapestry Intelligence sites so long as the link does not portray Tapestry Intelligence, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to you by Tapestry Intelligence immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Tapestry Intelligence.

Termination of Service

You agree that Tapestry Intelligence, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP
Address, or otherwise terminate your access to or use of the Service (or any Part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Tapestry Intelligence believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Tapestry Intelligence shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 6 and 10-16 shall survive termination of the TOU.

Proprietary rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Tapestry Intelligence. You further agree not to reproduce, duplicate or copy content from the Service without the express written consent of Tapestry Intelligence, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Disclaimer of warranties

You agree that use of the DemocraSay and the Service is entirely at your own risk. The DemocraSay site and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Tapestry Intelligence and DemocraSay disclaim any warranties for the security, reliability, timeliness, accuracy, and performance of the DemocraSay site and the Service. To the fullest extent permitted by law, DemocraSay disclaims any warranties for other Services or goods received through or advertised on the DemocraSay site or the sites or Service, or accessed through any links on the DemocraSay site. To the fullest extent permitted by law, Tapestry Intelligence and DemocraSay disclaim any warranties for viruses or other harmful components in connection with the DemocraSay site or the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations of liability

Under no circumstances shall Tapestry Intelligence and DemocraSay be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Tapestry Intelligence and DemocraSay has been advised of the possibility of such damages), resulting from any aspect of your use of the DemocraSay site or the Service, whether the damages arise from use or misuse of the DemocraSay site or the Service, from inability to use the DemocraSay site or the Service, or the interruption, suspension, modification, alteration, or termination of the DemocraSay site or the Service. Such limitation shall also apply with respect to damages incurred by reason of other Services or products received through or advertised in connection with the DemocraSay site or the Service or any links on the DemocraSay site, as well as by reason of any information or advice received through or advertised in connection with the DemocraSay site or the Service or any links on the DemocraSay site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Tapestry Intelligence, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, Service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General information

The TOU constitute the entire agreement between you and Tapestry Intelligence and DemocraSay and govern your use of the Service, superseding any prior agreements between you and Tapestry Intelligence and DemocraSay. The TOU and the relationship between you and Tapestry Intelligence and DemocraSay shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Tapestry Intelligence agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Cruz, California. The failure of Tapestry Intelligence and DemocraSay to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Feedback

We welcome your questions and comments on this document.

U.S. Mail:

Tapestry Intelligence
10512 SW Laurel St.
Beaverton, OR 97005.

Leave Feedback