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Version: 10.07.2014
Date Modified: 10/07/2014, 14:40

These Terms govern and apply to COMRADITY Mobile Network Membership and access and use of virtual and physical resources and spaces available through COMRADITY websites, mobile apps, and COMRADITY Studios (collectively, “COMRADITY” Services). By opening a Member account with COMRADITY (“we”, “us”, “our” or “COMRADITY”), or by accessing or using COMRADITY Services, whether as an Individual Member or Business Member, or any other user of COMRADITY Services (collectively, “you”), you agree to be bound by all of the terms and conditions described in these Terms.

Establishing A COMRADITY Member Account

In order to access and use COMRADITY Services, you will need to register and originate an account. When originating an account, a valid email address and password are required. You may originate:

  • Individual Member Account by paying a membership fee and agreeing to these terms;
  • Business Member Account by paying a membership fee and agreeing to these Terms;
  • Complementary Individual Account by paying a Studio membership fee and agreeing to these Terms;
  • Complementary Business Member Account by paying a Studio membership fee and agreeing to these Terms;

Throughout these Terms, where we use the word “account” or “accounts”, we are referring to all of the above Accounts. By originating an account, you represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. To originate a member account, you represent you are 18 or older. You agree to provide accurate, current and complete information.

We reserve the right to suspend or terminate an account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

Security

You are responsible for maintaining the confidentiality of your password, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You must not share your password with others. You are solely responsible for activities that occur under your account, and you are responsible for any loss or misuse of your content or breach of ownership or intellectual property rights by any third parties if you fail to maintain the confidentiality of your password.

Links to Other Sites and Services

Certain COMRADITY Services may enable you to link your account to various email, webmail, socialnetworking, and other online accounts. Certain COMRADITY Services may access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make information or services available to you through COMRADITY Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to provide COMRADITY Services. COMRADITY is not responsible for any security breaches or the reposting of any information through other sites or services to which you link your COMRADITY account.

Use of COMRADITY Services

COMRADITY provides virtual and physical resources and spaces to improve visibility, capitalize on what we know, and create collaboratively to expand the horizons of the Creative Professional Community. Provided you comply with these Terms, COMRADITY grants you a limited, nonexclusive, revocable, non-assignable (except as provided in these Terms), right to access and use COMRADITY Services. You must not: (i) copy, modify or distribute COMRADITY Services for any purpose; (ii) sell, transfer, sublicense, lease, lend, rent or otherwise distribute COMRADITY Services to any third party (except for organizations with a re-seller agreement); (iii) decompile, reverse-engineer, disassemble, or create derivative works of COMRADITY Services; (iv) make the functionality of COMRADITY Services available to multiple users through any means; (v) upload viruses, spyware, malware, Trojan horses, worms, or other malicious software to the COMRADITY Services; or (vi) use COMRADITY Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Unauthorized Use

You agree that you will not do any of the following while using or accessing COMRADITY Services: (i) attempt to access or search COMRADITY Services or download information or data through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of COMRADITY Services, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other Members’ names, real names, or email addresses, to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use COMRADITY Services for the benefit of any third party or in any manner not authorized by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual or entity to do any of the foregoing. We reserve the right to investigate violations of any of the above and involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Changes to COMRADITY Services

To offer best-in-class, professional services, we will modify, update, improve, replace or discontinue features, functionality or services within the COMRADITY Services from time to time in our sole discretion. We will endeavor to notify you of material changes, but there may be instances where changes are made without notice to you.

Content and Interactions using COMRADITY Services

Content disclaimer. Content or information that is uploaded, stored, posted or otherwise made available using COMRADITY Services has not been reviewed, verified or authenticated by COMRADITY, and may include inaccuracies or false information. COMRADITY makes no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any such content or information. You acknowledge sole responsibility for and assume all risk arising from your use or reliance upon any such content or information.

Acceptable use. When posting content or using COMRADITY Services, you agree not to use COMRADITY Services in an unlawful or inappropriate manner, including, but not limited to:

  • submitting material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
  • publishing falsehoods or misrepresentations that could damage COMRADITY, our Permanent or Guest Members, or any third party;
  • publishing any private information of someone, such as their address, phone number, email address, and similar information without their permission;
  • submitting material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • posting advertisements;
  • impersonating another person or representing yourself as affiliated with COMRADITY or our staff;
  • soliciting a user's password or other account information; or
  • harvesting user names, addresses, or email addresses for any purpose.

COMRADITY does not have an obligation to review or edit any content, or to monitor use of COMRADITY Services or any interactions between you and other Members’ Guests of Members, or third parties. You are solely responsible for the content you post and your interaction with other Members, Members’ Guests, or third parties. However, COMRADITY reserves the right to monitor and review content and interactions, for the purpose of operating COMRADITY Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. COMRADITY reserves the right, without prior notice, to limit communication between you and other Members, Members’ Guests, or third parties in the case of unwanted or inappropriate communication, and to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to COMRADITY Services.  All content posted on the Network will be retained even after your membership account is closed.

Copyright Policy

COMRADITY does not permit you to use COMRADITY Services to save or post Content or conduct any activity that infringes copyright or intellectual property rights of another party. COMRADITY will remove any such content if properly notified that such content infringes another party’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the COMRADITY Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our Copyright Officer via email at: dmca@comradity.com, by phone at (203) 883-9255, or by mail at Copyright Officer, COMRADITY LLC, 845 Canal Street, 3rd Floor, Stamford, CT 06902.

Confidentiality

You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by any participant of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of COMRADITY Members, any analyses, compilations, studies or other documents prepared by COMRADITY Members or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.

Your participation in and/or use of the Services obligates you to:

  • maintain all Confidential Information in strict confidence;
  • not to disclose Confidential Information to any third parties;
  • not to use the Confidential Information in any way directly or indirectly to the detriment of COMRADITY or any participant or user of the Services.

All confidential information remains the sole and exclusive property of COMRADITY or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of COMRADITY or any participant or user of the Services.   

Indemnification

You and your principal owners agree to indemnify and hold COMRADITY and its directors, officers, employees and agents harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of COMRADITY Services or the use of COMRADITY Services by any person using your account violates any applicable law or regulation, or the rights of any third party.

Links to Third Party Sites

COMRADITY Services may include links to other sites and services that are not operated by us. We do not endorse and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance upon any third party sites.

Ownership of COMRADITY Services

These Terms do not grant you any right, title or interest in and to COMRADITY Services, domain names, brand names or logos, or any other property or intellectual property rights owned by COMRADITY. COMRADITY Services and brands are protected by copyright, trademark, and other laws of the United States and certain foreign countries. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or any notices incorporated in or accompanying COMRADITY Services, including of our licensors. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding COMRADITY Services (“Feedback”) will be the sole and exclusive property of COMRADITY and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

Miscellaneous

For questions or concerns, please contact the COMRADITY Privacy Officer, Comradity LLC, 845 Canal Street, 3rd floor, Stamford CT 06902, phone (203) 883-9255.  We can change, modify, add or remove provisions of this Terms of Service at any time.  You have agreed that these Terms of Service are incorporated in the COMRADITY Membership Subscription Agreement.

Version: 05.02.2014
Date Modified: 02/05/2014, 22:16

COMRADITY Creative Professional Community offers virtual and physical resources and spaces to improve visibility, develop and capitalize on what we know, and create collaboratively. 

As a result, information shared is rich and robust.  You own your content, intellectual property, and personal information, such as contact information.  You are responsible for taking precautions to notify content use permissions and protect your personally identifiable information from public visibility.

COMRADITY makes every effort to help you protect your information:

  • A “wall” between the publically visible site, comradity.net, and the member-only network, comradity.io.
  • Give you controls to manage what is shared with the public and different member categories, for example, vendor members, business patron members, connections, collections of connections, and project groups.
  • Default information sharing is restrictive.  For example, only existing publically available contact info is the default for the public profile view – e.g., a twitter account, or LinkedIn profile, and, the COMRADITY message box is the default contact for the members.
  • Membership is not open, requiring an invitation from an existing member.
  • Membership is contingent upon respecting the privacy and intellectual property of fellow members. Violators will be discontinued as members.
  • Only integrate third party services which give you control over information sharing and to provide secure storage and communications.  For example, VIMEO, for video hosting, BOX for content storage and sharing, WEBEX for teleconferencing, Star2Star for phone message services, etc.

COMRADITY has hired ARCKCLOUD to host this website and store your information because they take reasonable measures to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite these best efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

COMRADITY does not sell or rent any information we collect to third parties. However, we may disclose or transmit personally identifiable information to third parties for specific purposes and situations, including:

  • In response to a subpoena, court order, or other valid legal process.
  • To process or collect customer payments.
  • To enable third-party vendors to provide specific services to COMRADITY, including, among others, website optimization services.
  • To prevent, investigate, or stop illegal or malicious activities including violations of our acceptable use policy, threats to our facilities, and threats to the physical safety of any person.

All third parties have their own privacy policies.  Although COMRADITY asks them to confirm that they do not conflict with this Privacy Policy, we do not have any control over them.