Blog Terms of Use
Effective Date: 10/16/2024
Revised Date: 11/19/2024
The Common Fool, a blog owned and operated by Dreamscape Ventures, LLC, et al., including its subsidiaries, affiliates, officers, employees, agents, and assigns (collectively, the "Company"). By accessing or interacting with Common Fool ("Blog"), you agree to comply with these Terms of Use ("Terms"). If you do not agree to these Terms, you must cease using the Blog immediately.
For inquiries, contact us at commonfool@onedreamscape.com.
1. Ownership and Intellectual Property
1.1 Ownership
All content, including but not limited to text, graphics, images, audio, video, design elements, code, logos, trademarks, trade dress, and domain names (collectively, "Content"), is the exclusive property of the Company or licensed to the Company. Unauthorized use, reproduction, distribution, or modification is prohibited unless explicitly authorized in writing.
1.2 Attribution for Copied Content
If Blog content is copied, quoted, or republished, the user must provide clear, conspicuous, and unambiguous credit to Common Fool. Attribution must include the Blog's name, a link to the original content, and, where applicable, Dreamscape Ventures, LLC. Failure to comply constitutes copyright infringement, subject to penalties under applicable law.
1.3 Copyright Infringement Notice
To report copyright infringement, send a written notice to commonfool@onedreamscape.com. Include the following:
Identification of the copyrighted work.
Identification of the infringing material (URL preferred).
Your contact details.
A statement under penalty of perjury that you own the copyright or are authorized to act on its behalf.
1.4 License Grant
By using the Blog, you are granted a non-exclusive, non-transferable, revocable license to access and use the Content for personal, non-commercial purposes. Any commercial use requires prior written approval from the Company.
2. Prohibited Uses and Activities
2.1 General Restrictions
Users must not:
Use the Blog for illegal, fraudulent, harmful, or deceptive activities.
Impersonate another person or entity.
Violate any applicable laws, regulations, or intellectual property rights.
Disrupt, interfere with, or compromise the Blog's security, functionality, or performance.
2.2 Technological Restrictions
You agree not to:
Deploy automated tools, bots, or scraping mechanisms to collect Blog data.
Introduce malicious code, viruses, or other harmful software.
Attempt to gain unauthorized access to the Blog, its servers, or related systems.
2.3 Enforcement
The Company reserves the right to monitor, investigate, suspend, or terminate any account or access if suspicious or prohibited activity is detected.
3. User-Generated Content
3.1 Ownership of User Content
If you post or submit any content to the Blog, you retain ownership but grant the Company an irrevocable, worldwide, perpetual, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, and distribute the content in any format or platform.
3.2 Responsibility for User Content
You represent and warrant that your submissions:
Do not infringe on the intellectual property, privacy, or rights of third parties.
Are not unlawful, defamatory, obscene, or otherwise objectionable.
Do not contain viruses, malware, or other harmful components.
3.3 Moderation
The Company reserves the right to remove or edit user content for any reason, including but not limited to violations of these Terms, without notice.
4. Disclaimers and Limitation of Liability
4.1 No Warranty
The Blog and its Content are provided "as is" and "as available" without warranties of any kind, either express or implied. The Company does not warrant:
That the Blog will be error-free, uninterrupted, or secure.
The accuracy, completeness, or reliability of any Content.
That any issues will be corrected.
4.2 Limitation of Liability
To the fullest extent permitted by law, the Company, its officers, employees, affiliates, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Blog or reliance on its Content.
4.3 Indemnification and Hold Harmless
You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, employees, and agents from any claims, damages, liabilities, costs, or expenses (including attorneys' fees) arising from:
Your use or misuse of the Blog.
Violation of these Terms.
Infringement of any rights of a third party.
5. Dispute Resolution
5.1 Exclusive Forum
All disputes, claims, or controversies arising out of or relating to the Blog or these Terms shall be resolved exclusively in Lake Charles, Louisiana.
5.2 Arbitration and Costs
All disputes must be resolved through arbitration or mediation at the complainant’s sole expense. The complainant is also responsible for reimbursing any costs incurred by the Company, including legal fees, associated with defending or participating in arbitration.
5.3 No Class Actions
You agree to resolve disputes individually and waive your right to participate in a class action lawsuit or class-wide arbitration.
6. Privacy
6.1 Data Collection
The Company collects data as outlined in its Privacy Policy, including but not limited to cookies, IP addresses, and usage data. By using the Blog, you consent to these practices.
6.2 User Responsibilities
Users are responsible for ensuring the security of their own devices and access credentials. The Company is not liable for unauthorized access resulting from user negligence.
7. Modifications to Terms
The Company reserves the right to update or modify these Terms at any time without notice. Changes will be posted to this page, and your continued use of the Blog constitutes acceptance of any revisions.
8. Governing Law
These Terms and any disputes arising from them shall be governed by the laws of the State of Louisiana, without regard to its conflict of laws principles.
9. Miscellaneous Provisions
9.1 Entire Agreement
These Terms, along with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Blog.
9.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
9.4 Survival
The ownership, disclaimer, limitation of liability, indemnity, arbitration, and governing law provisions shall survive the termination of your use of the Blog.
For any questions or concerns about these Terms, contact us at: commonfool@onedreamscape.com