Terms of Use

The Insider reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Use without notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Dotspotter account. By continuing to access or use the Site and Services after The Insider makes any such revision, you agree to be bound by the revised Terms of Use.

Certain types of content are made available through the Site. "Content" as used in these Terms of Use means, collectively, the text, data, graphics, images, video files, made available through the Site, excluding User Submissions. "User Submissions" as used in these Terms of Use means, collectively, the text, data, graphics, images, photos, and video files and other content and information which Members post, upload and otherwise submit to the Site, including without limitation, in discussion groups, message boards and Member created profile pages. The Insider reserves the right to remove and permanently delete any Content or User Submissions from the Site without notice.

In order to access certain features of the Site and Services, and to post User Submissions, you will have to create an Insider account and become a "Member". To become a Member you must be at least 18 years of age or are otherwise capable of forming legally binding contracts under applicable law. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify The Insider of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. This Site is not directed to children under 13. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at privacy at The Insider dot com. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.

We may terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any User Submissions. We may seek to gather information from a Member or user who is suspected of violating these Terms of Use (or from any other Member or user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails, or other materials that are believed to violate these Terms of Use. You may terminate your Insider account at any time and for any reason by sending an email to support at The Insider dot com. Any suspension, termination or cancellation shall not affect your obligations to The Insider under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that The Insider is not responsible or liable for the availability or accuracy of, and The Insider does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

a. Content.

You may access and use the Site, Services and Content for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Content, User Submissions (other than your User Submissions). The Insider and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein other than your User Submissions.

b. User Submissions.

(i) License Grant. The Insider does not claim ownership rights in your User Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to The Insider or on the Site, you hereby grant The Insider a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to The Insider. The Insider shall own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by The Insider, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by The Insider to give to The Insider the full benefit of the rights granted to The Insider by you.

(ii) Limitations. You acknowledge and agree that The Insider may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on The Insider's servers. The Insider shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions.

(iii) Disclaimer. The Insider has no ability to control the User Submissions that are uploaded, posted or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose. The Insider does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Insider with respect thereto.

You agree you will not do any of the following while using or accessing the Site or Services:

a. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content.

b. Upload, email, or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission in necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

c. Use any meta tags or other hidden text or metadata utilizing The Insider name, trademark, URL or product name;

d. Upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," or any other form of solicitation;

e. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information;

f. Upload, email, or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of The Insider;

g. Upload, email, or otherwise transmit any User Submissions that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

h. Upload, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;

i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, or the technical delivery systems of The Insider's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

j. Attempt to probe, scan or test the vulnerability of any The Insider system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;

k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;

l. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by The Insider or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.

m. Collect or store personal data about other users without their express permission;

n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud;

o. Violate any applicable law, regulation, or ordinance; or

p. Use the Site or Services in any manner not permitted by this Agreement.

YOU SHALL NOT USE THE SITE OR ITS SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. the Insider has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of The Insider Members who infringe or are believed to be infringing the rights of copyright holders:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Insider's Copyright Agent listed below with the following information required under 17 U.S.C. ? 512:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dotspotter to locate the material;

d. Information reasonably sufficient to permit The Insider to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;

e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

f. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

g. The Insider's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Copyright Agent
c/o The Insider
235 Second Street
San Francisco, CA 94105

Upon receipt of notice as described above, The Insider will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the The Insider Member's account.

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. DOTSPOTTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. The Insider disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from The Insider, shall create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

IN NO EVENT SHALL THE INSIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE INSIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE INSIDER'S CUMULATIVE LIABILITY TO YOU EXCEED $100.

You agree to defend, indemnify, and hold The Insider, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of The Insider and any prohibited assignment will be null and void. The Insider may assign these Terms of Use or any rights hereunder without your consent. The relationship of the parties under this Terms of Use is that of independent contractors, and this Terms of Use will not be construed to imply that either party is the agent, employee, or joint venturer of the other. This Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Terms of Use will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Terms of Use and the rules, restrictions and policies contained herein, and The Insider's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Dotspotter. This Terms of Use together with the rules and policies of The Insider constitutes the entire agreement between Dotspotter and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by The Insider via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to info at The Insider dot com or to such other addresses as The Insider may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

Your feedback is welcome and encouraged. You may submit feedback by emailing us at feedback at The Insider dot com. You agree, however, that (i) by submitting unsolicited ideas to The Insider or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to The Insider or any of its employees or representatives automatically become the property of The Insider. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to The Insider together with all intellectual property rights therein.

If you have questions about these Terms of Use or about the Services, please contact The Insider at feedback at The Insider dot com or by sending a written request to:

Copyright Agent
c/o The Insider
235 Second Street
San Francisco, CA 94105

Email: feedback at The Insider dot com

Copyright © 2008 The Insider. All rights reserved.