The purpose of this policy is to establish guidelines for the posting and removal of user-provided information (“Content”) on Lexunder Inc. (“Company”) internet resources (“Company Sites”), which include, but are not limited to, message boards, blogs, reviews, social networking sites (feeds: Instagram, YouTube, Facebook, Twitter, Pinterest, etc.).
a. Defamatory Content. A defamatory statement is a false statement concerning a third party that is communicated or published to a third party and harms the party about which the false statement was made. In other words, if person A posts a false statement about person B on a Company Site and that statement harms Person B, person A may be liable for defamation by person B. Defamatory Content is prohibited on Company Sites.
b. Intellectual Property Infringement. Intellectual Property Infringement. Intellectual property infringement relates to material owned by a third party that is subject to trademark, copyright, or is a protected trade secret.
i. Trademark. Trademarks indicate a source of goods or services and can be protected by U.S. federal or state law. Trademark use in any Content posting is prohibited without the express permission of the trademark owner. Additionally, trademarks shall not be used in user account names or other user identifiers. The company reserves the right to delete any such accounts and require new account names without a trademark.
ii. Copyright. U.S. copyright protects original works of authorship, including literary, dramatic, musical, technical (software), and other works. Whether federally registered or not, content containing material subject to copyright shall only be used by the copyright owner. Any other use of copyrighted material in Content is prohibited.
iii. Trade secrets. Information kept secret by an individual or organization to create a competitive advantage or maintain the value represented by such information may comprise trade secrets and can be protected by state and federal law. Content containing trade secret information is prohibited from posting by any user not authorized by the trade secret holder.
c. Privacy and Right of Publicity. Users shall not post personally identifiable information or information that would violate another’s right to privacy or right of publicity.
d. Inaccurate, False, or Otherwise Unacceptable Content. In addition to defamatory Content or Content that may infringe intellectual property rights, Company shall remove any Content found to be inaccurate, false, or otherwise unacceptable for posting on Company Sites.
Company shall internally and externally provide contact information and the means by which any individual, whether a User or not, may report Unacceptable Content to Company. Upon becoming aware of any Unacceptable Content, Company shall take steps to review and, if appropriate, remove such Unacceptable Content from Company Sites in a timely manner. The only option available to Company in dealing with Unacceptable Content is to remove such Content in its entirety. Under no circumstances shall Company revise or otherwise edit Content. Where possible, Company shall provide the User responsible for such posting notice of the removal and the reason for such removal.
The following statement or a Company-approved variation thereof shall be accessible as a link on all Company Sites where Users can post Content. For efficiency purposes, this statement may be included in any existing Terms of Use, Terms, and Conditions or other agreements already in use on applicable Company Sites. Company is pleased to provide you this means through which you can
share information and collaborate with others. However, in posting such information (“Content”), you agree to comply with the following requirements or risk having your Content removed without advance notice by Company and your user account deleted or rights restricted. Following existing Company policies, Company employees failing to follow these policies risk disciplinary action, up to and including termination.
a. You shall not make libelous, defamatory, harassing, or abusive statements, including the “stalking” of other users.
b. You shall not post Content comprising personal attacks or threats against other users or individuals.
c. You shall not submit the personally identifiable information, images, or other likenesses of other persons without their consent
d. You shall not post Content that comprises attacks on individuals or groups based on race, gender, sexuality, ethnicity, religious beliefs, or any other classification.
e. You shall not post Content that is obscene, vulgar, or sexually explicit. This prohibition includes the use of abbreviations, asterisks, or other shorthand to communicate such obscene, vulgar, or sexually explicit Content.
f. You agree that use of Company sites is strictly for Company’s stated purposes and not for commercial product promotions, the transmission of spam, chain letters, pyramid schemes, or fraudulent or deceptive messages.
g. You shall not post information affiliated with or promoting political campaigns.
h. You shall not post material that could result in the infringement of any third party intellectual property, privacy, or publicity rights.
i. You represent and warrant that you own or otherwise have all necessary rights, including but not limited to, trademark and copyright, in all Content that you submit to Company sites and that you have secured all third-party consents, licenses, waivers, and permissions necessary to submit such Content.
j. You represent and warrant that the Content submitted by you will not infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights, or any other proprietary rights of third parties, or violate any applicable law, statute, ordinance or regulation.
k. YOU AGREE TO INDEMNIFY AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING OUT OF, RESULTING FROM, OR RELATED TO ANY BREACH BY YOU OF THIS POLICY.
l. Company reserves the right to review any Content that you have submitted to Company sites, and to reject, delete, disable, or remove any Content Company determines, in its sole discretion, (a) does not comply with this policy, (b) violates any law, infringe upon any rights of third parties, or subjects Company to liability for any reason, (c) might adversely affect the Company’s public image, reputation or goodwill, or (d) should be taken down for any other reason.
m. If you believe that any Content on any Company site infringes upon any copyright, trademarks, or trade secrets that you own, please get in touch with Company at the following email address: [email protected].
n. Company shall have the final decision on whether any Content is acceptable and whether to remove any such Content.
a. User Acknowledgment and Consent. Before obtaining the ability to post any Content, Users shall be required to acknowledge and consent to the policy included in Section 3 (External Terms of Use Statement) and agree to comply with all applicable laws.
b. Relation to Other Policies and Agreements. Where applicable, this policy shall be accessible and linked to other policies about the online environment and use of Company Sites, including, but not limited to:
i. Privacy Policy
ii. Terms of Use
iii. Policy on Third-Party Web Sites