The following terms and conditions govern all use of the comments-for-www-portuguesemusic-info.talkyard.net Discussion Area and all content, services and products available at or through the Discussion Area, including, but not limited to, comments-for-www-portuguesemusic-info.talkyard.net Forum Software, comments-for-www-portuguesemusic-info.talkyard.net Support Forums, any sites and forums and embedded comments and anything that you create via the Service, (taken together, the Discussion Area).
The Discussion Area for www.portuguesemusic.info is owned and operated by Ian Stobie. The Discussion Area is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, comments-for-www-portuguesemusic-info.talkyard.net’s Privacy Policy) guidelines and and procedures that may be published from time to time on this Site by Ian Stobie (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Discussion Area. By accessing or using any part of the Discussion Area, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Discussion Area or use any services. If these terms and conditions are considered an offer by Ian Stobie, acceptance is expressly limited to these terms. The Discussion Area is available only to individuals who are at least 13 years old.
1. Your comments-for-www-portuguesemusic-info.talkyard.net account
If you create an account for the Discussion Area, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Ian Stobie of any unauthorized uses of your account or any other breaches of security. Ian Stobie will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you post material to the Discussion Area, post links on the Discussion Area, or otherwise make (or allow any third party to make) material available by means of the Discussion Area (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
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the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
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if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
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you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
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the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
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the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
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the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
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your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
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your Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
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you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Ian Stobie or otherwise.
Ian Stobie assumes no responsibility for monitoring any site or forum or embedded comments or anything that you create via the Hosting service for inappropriate or illegal Content, nor to review any Content before it is posted.
3. Contributor Agreement and User Content License
Contributor Agreement
You agree that all Content that You contribute to Ian Stobie is perpetually and irrevocably tri-licensed to Ian Stobie under a Creative Commons Attribution 3.0 Unported Licence, and a Creative Commons Attribution 4.0 International Licence, and the MIT Licence.
You grant Ian Stobie, in order to provide the services of the comments and forum Discussion Area, the perpetual and irrevocable right and licence to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Content and to allow others to do so in any medium now known or hereinafter developed even if such Content has been contributed and subsequently removed by You.
User Content License
User contributions are licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Without limiting any of those representations or warranties, Ian Stobie has the right (though not the obligation) to, in Ian Stobie’s sole discretion (i) refuse or remove any content that, in Ian Stobie’s reasonable opinion, violates any Ian Stobie policy or is in any way harmful or objectionable, or (ii) refuse or remove any content for any reason, or for no reason at all, or (iii) terminate or deny access to and use of the Discussion Area to any individual or entity for any reason, or for no reason at all, in Ian Stobie’s sole discretion.
4. Responsibility of Discussion Area Visitors
Ian Stobie has not reviewed, and cannot review, all of the material, including computer software, posted to the Discussion Area, and cannot therefore be responsible for that material’s content, use or effects. By operating the Discussion Area, Ian Stobie does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Discussion Area may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Discussion Area may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Ian Stobie disclaims any responsibility for any harm resulting from the use by visitors of the Discussion Area, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which comments-for-www-portuguesemusic-info.talkyard.net links, and that link to comments-for-www-portuguesemusic-info.talkyard.net. Ian Stobie does not have any control over those non-comments-for-www-portuguesemusic-info.talkyard.net websites and webpages, and is not responsible for their contents or their use. By linking to a non-comments-for-www-portuguesemusic-info.talkyard.net website or webpage, Ian Stobie does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ian Stobie disclaims any responsibility for any harm resulting from your use of non-comments-for-www-portuguesemusic-info.talkyard.net websites and webpages.
6. Copyright Infringement and DMCA Policy
As Ian Stobie asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by comments-for-www-portuguesemusic-info.talkyard.net violates your copyright, you are encouraged to notify Ian Stobie. Ian Stobie will respond to such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Ian Stobie will terminate a visitor’s access to and use of the Discussion Area if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Ian Stobie or others.
7. Intellectual Property
This Agreement does not transfer from Ian Stobie to you any Ian Stobie or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Ian Stobie. Ian Stobie, comments-for-www-portuguesemusic-info.talkyard.net, the comments-for-www-portuguesemusic-info.talkyard.net logo, and all other trademarks, service marks, graphics and logos used in connection with comments-for-www-portuguesemusic-info.talkyard.net, or the Discussion Area are trademarks or registered trademarks of Ian Stobie or Ian Stobie’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Discussion Area may be the trademarks of other third parties. Your use of the Discussion Area grants you no right or license to reproduce or otherwise use any Ian Stobie or third-party trademarks.
8. Ideas and feedback from you
If you send Ian Stobie information, ideas, feedback and suggestions, you agree that Ian Stobie is free to use that stuff for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
9. Attribution
Ian Stobie reserves the right to display attribution links such as ‘Powered by comments-for-www-portuguesemusic-info.talkyard.net,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the comments-for-www-portuguesemusic-info.talkyard.net toolbar may not be removed.
10. Changes
Ian Stobie reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Discussion Area following the posting of any changes to this Agreement constitutes acceptance of those changes. Ian Stobie may also, in the future, offer new services and/or features through the Discussion Area (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
11. Termination
Ian Stobie may terminate your access to all or any part of the Discussion Area at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your comments-for-www-portuguesemusic-info.talkyard.net account (if you have one), you may simply discontinue using the Discussion Area. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties
The Discussion Area is provided “as is”. Ian Stobie and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Ian Stobie nor its suppliers and licensors, makes any warranty that the Discussion Area will be error free or that cess thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Discussion Area at your own discretion and risk.
13. Limitation of Liability
In no event will Ian Stobie, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ian Stobie under this agreement during the twelve (12) month period prior to the cause of action. Ian Stobie shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty
You represent and warrant that (i) your use of the Discussion Area will be in strict accordance with the Ian Stobie Privacy Policy, community guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this Discussion Area resides or the country in which you reside) and (ii) your use of the Discussion Area will not infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification
You agree to indemnify and hold harmless Ian Stobie, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Discussion Area, including but not limited to your violation of this Agreement.
16. Miscellaneous
This Agreement constitutes the entire agreement between Ian Stobie and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by Ian Stobie, or by the posting by Ian Stobie of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ian Stobie may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. If you make a suggestion about how the Discussion Area can be changed or improved, that suggestion is made for free. That is, Ian Stobie can use your suggestion in any way, and does not have to pay you for it.
17. Governing law and Jurisdiction
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Discussion Area will be governed by the laws of England and Wales, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of England and Wales.
About this document
*This document is CC-BY-SA, meaning it can be adapted under a Creative Commons Sharealike licence. It is itself adapted from the Talkyard Terms of Service, which were originally adapted from the WordPress Terms of Service. *
Disclaimer: This document is not intended as legal advice. The Creative Commons statement above just means you can re-use the text under the terms of the licence. Whether this text is an appropriate Terms of Use for your use case and legal jurisdiction is another matter. For legal advice it is best to consult a suitably qualified lawyer.
This page last updated 5 September 2019