Terms of Use

Effective: August 28, 2016

INTRODUCTION
Autisable.com is offered by Autisable, LLC.These terms of use (“Terms of Use”) constitute a binding agreement between Autisable and you governing your use of Autisable. By using Autisable, you agree to be bound by all of the terms and conditions of the Terms of Use, regardless of whether you use Autisable to post any of your own materials or to view materials posted by other people.Autisable reserves the right to modify the Terms of Use at any time. Your continued use of Autisable.com after Autisable modifies the Terms of Use will mean you agree to the Terms of Use as modified. If you do not agree to any modification, you should stop using Autisable immediately. You should return to this page on a regular basis to view any modification to the Terms of Use.

NON-COMMERCIAL USE

You are granted a limited, revocable, non-exclusive, non-transferable license to use Autisable solely in accordance with the Terms of Use and solely for your own personal, non-commercial purposes.

PASSWORD

When you register for an Autisable.com account, you are asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party except a parent or guardian. You will hold Autisable harmless for any damage arising from a third party accessing Autisable.com using a password you disclosed.

MEMBER CONDUCT

Autisable’s Terms of Use include the Rules of Member Conduct below. These rules apply to any and all materials, including text, photograph, video and music you post on Autisable (“Content”) regardless of whether the Content is included in blogs, e-mails, profiles, comments, skins or any other portion or feature of Autisable. These rules also apply to any other use you may make of Autisable (“Conduct”). Notwithstanding any provision of the Rules of Member Conduct, Autisable reserves the right not to post or to remove any Content from Autisable at any time, without notice, for any reason or no reason, in Autisable’s sole discretion.

The following is a list of Content and Conduct that violates the Rules of Member Conduct – you may not use Autisable to:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
  • harm minors in any way;
  • solicit personal information from anyone under 18;
  • impersonate any person or entity, including, but not limited to, an Autisable official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • provide a false birthday or age;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Autisable;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
  • upload, post, email or otherwise transmit any material 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;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users;
  • upload, post, email or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
  • upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes self-harm;
  • interfere with or disrupt Autisable or the servers or networks used to provide or receive Autisable or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive Autisable;
  • intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.

Autisable has the right to determine whether any Content or Conduct violates the Rules of Member Conduct or the Terms of Use in its sole and absolute discretion.

You acknowledge that Autisable has no responsibility for monitoring, filtering or pre-screening Content, but that Autisable and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Terms of Use or is otherwise objectionable.

You understand that all Content posted to the Website or otherwise transmitted via Autisable is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that Autisable will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via Autisable, and you hereby release Autisable and its officers, directors, shareholders and employees therefrom. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Autisable reserves the right to preserve and disclose Content posted to or transmitted via Autisable if reasonably necessary to:

  • enforce this Agreement
  • comply with a legal process
  • protect the rights, property, or personal safety of any party.

Autisable reserves the right to take appropriate legal action against anyone who uses Autisable in violation of the Terms of Use. Whenever Autisable learns of any use of Autisable in violation of or that may be in violation of any applicable law, Autisable may report this to law enforcement authorities and otherwise cooperate with such authorities in their investigation.

DATA TRANSMISSION SECURITY

You acknowledge that Autisable has no control of the communications lines used to access Autisable because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from Autisable is not the responsibility of Autisable.

CONTENT SUBMITTED TO AUTISABLE.COM
(This section refers to Content that you create)

You retain all ownership rights to your Content. Except for its ownership of the collection of all content on Autisable, as described below, Autisable does not claim ownership of any Content you publish in your area of the Website (“Your Autisable Account”).

When you publish your Content on Autisable, you grant Autisable a temporary license to “rebroadcast” it. We need this license to be able to show your Content to other members and visitors.

By publishing Content on Your Autisable Account, you grant Autisable a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content (as well as permit others – including without limitation Autisable’s co-brand, content and syndication partners – to do the same) solely for the following purposes:

  • Displaying, distributing and promoting Your Autisable Account
  • Promoting and marketing Autisable’s products and services and general operation of the Autisable.com Service
  • Promoting and marketing the products and services of Autisable’s partners and affiliates
  • Promoting and marketing products and services related to your Content.

This license exists only for as long as the Content remains published on Your Autisable Account and only for as long you remain an Autisable member, except that you grant Autisable a continuing perpetual license and right to maintain a copy of your Autisable Account and Content for archival purposes. This archival copy is not posted publicly on the Autisable Website; it is maintained solely so that Autisable may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the Autisable.com service safer. Except for this license for archival use, in the event that you remove the Content from Your Autisable Account or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time.

COPYRIGHT

Content created by Autisable or its suppliers

All content created by Autisable, its partners, or its suppliers and included on Autisable, such as text, logos, graphics, images, javascript code, HTML code, and other software, is the property of Autisable, LLC. (or its partners or suppliers) and protected by U.S. and international copyright and other intellectual property laws.

Compilations of Content

Notwithstanding the provisions outlined in “Content submitted to Autisable.com” above*, the collection of all Content on this site is a collective work under the U.S. copyright laws and is the exclusive property of Autisable and protected by U.S. and international copyright laws. The Content and software on Autisable.com may be used as a homepage creation or web-surfing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on Autisable is strictly prohibited.

*Individual Contributors retain all ownership rights to their Content. Autisable does not claim ownership of any Content you publish on Your Autisable Account.

COPYRIGHT INFRINGEMENT

You may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent. If you believe that your work has been copied and posted on Autisable in a way that constitutes copyright infringement, please contact us for more information on how to report infringement of your copyright. After receipt of proper notice of copyright infringement Autisable will remove or disable access to the allegedly infringing material and notify the site owner via email or private message. Autisable may, in appropriate circumstances and at its discretion, terminate the accounts of users who may be repeat infringers. Autisable reserves the right to terminate your use of Autisable.com at any time and remove any infringing Content if you infringe the copyright rights of others.

 

PERSONAL INFORMATION

You hereby certify to Autisable that you are at least 13 years old. Autisable is intended for people who are at least 13 years old. Children under 13 are not permitted to join Autisable or participate in the Autisable community, and Autisable will delete Autisable accounts held by people it learns are under the age of 13. Parents of children under 13 can also delete their child’s site.

For purposes of identification, when you register for an Autisable account you must provide Autisable with accurate, complete, and updated information required by the registration to Autisable – namely, a valid email address and date of birth.  Please see our Privacy Policy, which is incorporated in this Agreement by reference, for further information concerning the personal information collected and received on Autisable.

LINKS

Autisable may include links to other websites or resources. Autisable has no control over such sites and resources, and is not responsible for the availability of such external sites or resources. Autisable does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources or your use of such sites or resources.

INDEMNITY

You agree to indemnify and hold Autisable, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of Autisable, your connection to Autisable, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using Autisable, including, but not limited to, costs incurred for Internet access.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF AUTISABLE IS AT YOUR SOLE RISK. AUTISABLE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AUTISABLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) AUTISABLE MAKES NO WARRANTY THAT (i) AUTISABLE WILL MEET YOUR REQUIREMENTS, (ii) AUTISABLE OR ANY SOFTWARE PROVIDED TO YOU THROUGH AUTISABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AUTISABLE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH AUTISABLE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN  SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH AUTISABLE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AUTISABLE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTISABLE OR THROUGH OR FROM AUTISABLE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUTISABLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUTISABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AUTISABLE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM AUTISABLE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AUTISABLE; OR (v) ANY OTHER MATTER RELATING TO AUTISABLE.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on Autisable are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Autisable’s proprietary rights in them.

APPLICABLE LAW

The laws of the State of Virginia will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

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