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Organic, Inc. Internet Web Site Terms of Use

The terms and conditions set forth below (the “Terms”) govern your use of Organic, Inc.’s (“Organic” or “We” or “Us”) Web site located at www.organic.com, including the blog www.threeminds.com that is accessible on or through www.organic.com (collectively, the “Site”).  These terms govern your access to, and use of, the Site.  If you do not agree with all of these Terms, do not use this Site or any information or content contained on this Site.  Your use of this Site shall be deemed to be your agreement to abide by each of these terms set forth below.  Organic reserves the right to revise these Terms at any time and will post notice of the changes and the updated Terms on this Site.  You are responsible for regularly reviewing these Terms. Your continued use of this Site after the changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes.

General Use Restrictions.

Certain information, content, documents and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) that are not Feedback (as defined below) are provided to you by Organic and are the copyrighted and/or trademarked work of Organic or Organic’s contributors. Organic grants you a limited, personal, non-exclusive and non-transferable license to display and make one copy of the Materials on your personal computer and to use this Site solely for your personal use.  Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms.  Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials.  Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

Privacy Policy.

Your use of this Site is governed by the Organic Privacy Policy, which is available at http://www.organic.com/en_US/Main+Site+Navigation/Footer+Navigation/Privacy+Policy.aspx (the “Privacy Policy”).

Feedback and Candidate Referral Information

To the extent that you provide Organic with any suggestions, information, ideas, or feedback concerning the Site, Materials and/or any other content, products or services of Organic (“Feedback”), such Feedback will be the sole and exclusive property of Organic.  You hereby do assign, and agree to assign, to Organic all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights.  You agree to assist Organic in perfecting and enforcing such rights. You acknowledge that you are responsible for the information (including, without limitation, Feedback and candidate referral personal information), opinions, messages, comments, and other content or material that you submit or upload to the Site.

Third Party Content.

Certain information and other content that is not Feedback may be provided by third party licensors and suppliers to Organic (“Third Party Content”).  The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor.  You agree to only display the Third Party Content on your personal computer solely for your personal use.  You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

User Content.

Organic may permit you to post comments to a blog or otherwise share your thoughts or content in a public manner (“User Content”).  You hereby grant Organic a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any User Content posted or transmitted by you to or through any service on the Site.  You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us or post on the Site without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.  Organic shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses.

Many different parties may post blogs and other content to the Site.  Such materials are the opinions of the individual authors of such materials, and do not reflect the opinions or positions of Organic.  Organic makes no warranties regarding such materials.  Organic is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms.  Organic will make all determinations as to what User Content is appropriate in its sole discretion.  We may include, edit or remove any User Content at any time without notice.

Acceptable Use Policy (“AUP”).

You are solely responsible for the User Content that you post on the Site or transmit to other users and agree that you will not hold Organic responsible or liable for any User Content from other users that you access on the Site.

Organic will make the sole determination as to whether or not User Content is acceptable for the Site. Without limitation, you agree that you will not post or transmit to other users anything that contains User Content that: is defamatory, abusive, obscene, profane or offensive; infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site); violates any party’s right of publicity or right of privacy; or is illegal or promotes any illegal activities.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.  Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use.  You may not resell use of, or access to, the Site to any third party.

If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Organic at complaints@organic.com.

Links to Third Party Sites.

This Site may be linked to other sites that are not Organic sites. Organic is providing these links to you only as a convenience, and Organic is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Proprietary Rights.

Organic and the Organic logo are registered trademarks of Organic in the United States.  Other trademarks, names and logos on this Site are the property of their respective owners.  Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Organic, Copyright © 2009 Organic, Inc., or its licensors.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Copyright and Trademark Infringements.

Notification:

Organic respects the intellectual property rights of others, and we ask you to do the same.  Organic may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Organic’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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 at the Site, and information reasonably sufficient to permit Organic to locate the material.
  • Information reasonably sufficient to permit Organic to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • 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 and/or trademark owner, its agent, or the law.
  • 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.

Organic’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:

General Counsel
Organic, Inc.
555 Market Street
4th Floor
San Francisco, CA 94105

By phone:

(415) 581-5300

By e‑mail: complaints@organic.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties.

Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Organic and they may include inaccuracies or typographical or other errors. Organic has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Organic or our licensors. ORGANIC AND ITS LICENSORS MAKE NO, AND EXPRESSLY DISCLAIM ALL, WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE, MATERIALS OR THIRD PARTY CONTENT AND ANY OTHER INFORMATION, MATERIAL OR SERVICES OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION, MATERIAL OR SERVICES CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS, AND ORGANIC AND ITS LICENSORS MAKE NO WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, TIMELINESS, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, THIRD PARTY CONTENT. ORGANIC DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

ORGANIC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS SITE OR YOUR USE OF THIS SITE.  IN NO EVENT SHALL ORGANIC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), EVEN IF ORGANIC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification.

You agree to defend, indemnify and hold harmless Organic, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms, (ii) your User Content, (iii) your use of materials or features available on the Site, including without limitation, your Feedback or candidate referral personal information (except to the extent a claim is based upon infringement of a third party right by materials created by Organic) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

General.

Organic controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations.  If you use this Site outside the United States of America, you are responsible for following applicable local laws.  If you violate these Terms, Organic may terminate and/or suspend your access to this Site without notice. California state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Any disputes relating to these Terms or this Site will be heard in the state and federal courts located in the County of San Francisco, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Organic’s failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and Organic and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Organic about this Site.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact.

Should you have any questions you may contact us at questions@organic.com.