User Contributions on Site and in Social Media

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features, and permits users to link to the social media platforms owned and maintained by Spellbinders such as on Facebook, Twitter, Google Plus, YouTube, LinkedIn and Pinterest (collectively, "Interactive Services") which allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Website or the social media platforms.  All User Contributions must comply with the Content Standards set forth in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose or according to your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • 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 Spellbinders, have full responsibility and liability for such content, including its legality, reliability, accuracy and appropriateness.

Content Standards:  User Contributions do not reflect the opinions of Spellbinders, nor does Spellbinders promote them or confirm their accuracy.  We do not take decisions on moderating User Contributions lightly, but Spellbinders reserves the right to remove any posts and commentary that does not adhere to our Content Standards and to block anyone who violates them repeatedly.

These Content Standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not be:

  • Abusive, harassing, stalking, threatening or attacking of others
  • Defamatory, offensive, obscene, indecent, inflammatory, vulgar depicting violence, or otherwise objectionable
  • Hateful in language targeting race/ethnicity, religion, gender, nationality, disability, sexual orientation, age or political beliefs
  • Promote sexually explicit or pornographic material
  • Fraudulent, deceptive or misleading in any way
  • Trolling or deliberately disruptive of discussion
  • Violative of any intellectual property rights including but not limited to patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person
  • Spamming in nature or cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
  • Solicitous in nature including promotion of commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising
  • Considered link baiting or embedding a link in your post to draw traffic to your own site
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

From time to time Spellbinders may refer to a Spellbinders promotion on one of the social media platforms.  These promotions are in no way sponsored, endorsed or administered by, or associated with any social media platform. Participants are providing information to Spellbinders and not to these social media platforms.

Monitoring and Enforcement; Termination:  If in Spellbinders’ sole discretion we find that any User Contributions violate the above Content Standards, 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, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Spellbinders.
  • 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 Website.
  • Terminate or suspend your access to all or part of the Website 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 Website. YOU WAIVE AND HOLD HARMLESS SPELLBINDERS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPELLBINDERS/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 SPELLBINDERS, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Website, 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.

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