The ConflictBase website located at www.conflictbase.com (the “Website”) is owned, operated and controlled by ConflictBase, LLC (collectively “ConflictBase,” “we,” “our” or “us”). ConflictBase.com is a platform that allows users to post, discover and interact with global events and conflicts. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Website or using the Website to upload, post, publish, display or make available any information, data, text, photographs, graphics, video or other materials related to global conflicts (“Submissions”).
In order to use certain features of the Website, you will have to register and create a unique, password-protected account (the “Account”). You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. ConflictBase reserves the right to delete your Account without warning if you are found to have misrepresented your age or any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and email address. You agree to (a) immediately notify ConflictBase of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. ConflictBase cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge and agree that the Website uses and contains proprietary and confidential technology and information owned by or licensed to ConflictBase, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through the Website, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively, the “ConflictBase Content”) is copyrighted by ConflictBase and its licensors under United States and international copyright laws. Other than with respect to your Submissions, and as expressly set forth in this Agreement, the ConflictBase Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of ConflictBase. You must abide by all copyright notices, information, or restrictions contained in or attached to any ConflictBase Content. ConflictBase and the ConflictBase logo, as well as certain other of the words and logos displayed on the Website, constitute trademarks, trade names, or service marks (“Marks”) of ConflictBase or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with ConflictBase or those other entities.
Subject to the licenses you are granting hereunder, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to your Submissions. We shall not acquire any right, title or interest in or to your Submissions, except as provided herein.
You hereby grant ConflictBase a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license to use, reproduce, store, host, index, cache, distribute (through multiple tiers), publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, your Submissions or any part thereof. You hereby expressly waive any and all so-called moral rights you may have in your Submissions.
You will not use the Website to display, distribute or make available any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts (hereinafter, “Pornographic Content”) nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website any Pornographic Content. If ConflictBase finds a Submission or other content that it determines, in its sole discretion, contains Pornographic Content, ConflictBase may, without notice, remove or block access to such content and terminate your Account.
You will not use the Website for any purpose or in any manner that infringes the intellectual property rights of any third party. You will not upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website any content that infringes the intellectual property rights of any third party. If ConflictBase finds content that it determines, in its sole discretion, contains infringing content, ConflictBase may, without notice, remove or block access to such content and terminate your Account. Without limiting the foregoing, your use of the Website is governed by the ConflictBase Copyright Policy contained in Section 8.
It is ConflictBase’ policy to comply with the Digital Millennium Copyright Act (“DMCA”) or any equivalent law in other countries where the Website is made accessible. ConflictBase shall: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.
Copyright owners or any agents thereof who believe that any ConflictBase Content infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing ( see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted 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 that site;
iii. 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 the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have 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
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii. Such written notice should be sent to:
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
i. A physical or electronic signature of the subscriber.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
CONFLICTBASE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE WEBSITE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CONFLICTBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONFLICTBASE' LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CONFLICTBASE FOR THE WEBSITE.
You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
ConflictBase Content may contain third party content, advertisements and links to other websites. ConflictBase is not responsible for the third party content, accuracy or opinions expressed on third party websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ConflictBase. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by ConflictBase. When you access these third-party websites, you do so at your own risk. ConflictBase takes no responsibility for third party advertisements which are posted on the Website, nor does it take any responsibility for the goods or services provided by its advertisers.