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User & Privacy Policy

Borderstan.com Terms of Use and Privacy Policy


Terms of Use Policy

The following Terms of Use and Privacy Policy, each effective as of May 1, 2012, cover the Borderstan.com website (the “Site”). The Site is owned and operated by Borderstan Media, LLC (“Borderstan”), a District of Columbia limited liability company. Please read these Terms of Use carefully before using the Site. By using the Site, you agree to be bound by, and comply with, these Terms of Use. These Terms of Use may be changed without notice to you and you acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. To see the most up-to-date Terms of Use, please return to review the Terms of Use frequently.

Content

The Site is protected by the copyright laws of the United States and other jurisdictions. You may print a copy of any part of the Site for your personal, non-commercial use, but you may not copy any part of the Site for any other purpose, and you may not modify any part of the Site for any reason. Inclusion of any part of the Site in another work, whether in printed, electronic, or other form, and inclusion of any part of the Site in another website by linking, framing or otherwise, are prohibited.

All materials contained on the Site, including text, images, logos, the Comments (as defined below), and or other material (collectively “Content”), and all intellectual property rights thereto, including without limitation copyrights, trademarks, service marks, trade names, and trade dress, are owned by Borderstan or, where applicable, their owners who have licensed their use to Borderstan.

You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the Content contained on the Site, except for your personal, non-commercial use, absent the prior written approval of Borderstan. These rights are valid and protected in all forms, media, and technologies now existing or hereafter developed.

Links to Other Sites

This Site may include links to other Internet sites that are beyond the control of Borderstan. Borderstan is not responsible for the content of any such sites, makes no representations regarding any such sites, cannot guarantee their practices regarding data privacy, and does not necessarily endorse or approve of the information, material, products, or services contained on or accessible through any such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products, and services offered by such sites, is solely at your own risk.

Comments

Users of Bordestan.com may have the ability to post comments on articles and pages on the Site, which may be viewed by other users on the Site, and to correspond with Borderstan via e-mail or the Site (each a “Comment” and collectively the “Comments”). Users who have not previously posted Comments must be approved by Borderstan before their Comments will appear on the Site; however, after a user has been approved, that user’s Comments will usually appear on the Site automatically.

This policy, like all others, is subject to change without notice. In addition, Borderstan may decline to post any Comment and may remove any Comment that it, in its sole discretion, deems potentially libelous, vulgar, profane, or inappropriate, or for any other reason or no reason.

In exchange for Borderstan’s agreement to consider your Comment for display on the Site, you grant Borderstan and its assigns, licensees, and successors a perpetual, royalty-free, irrevocable, non-exclusive, worldwide license for the content of the Comment, and attendant intellectual property rights, whether or not the Comment is actually displayed on the Site at any particular time or ever. Borderstan reserves the right to reproduce such Comments, in whole or in part, on the Site or elsewhere.

General Guidelines for Comments

Although Borderstan will, at most times, attempt to base Comment removal decisions on the guidelines below, it may, for whatever reason, use additional or different criteria; however, the following should serve as helpful guidelines to guide your Comments:

  1. Do not post threatening, harassing, defamatory, or libelous material.
  2. Do not use profane or vulgar language.
  3. Do not use disparaging language about groups of people, including language that is racist, sexist, or homophobic in nature.
  4. Do not intentionally make false or misleading statements.
  5. Do not offer to sell or buy any product or service.
  6. Do not post material that infringes any person’s intellectual property rights, including but not limited to any patent, copyright, trade secret or trademark, or other proprietary right of any party, which includes, but is not limited to, posting text or photographs which you did not write or take without the consent of the person or company who owns the copyrights in such text or photograph.
  7. Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
  8. Do not post material that is irrelevant to the Content on the part of the Site where the Comment is to be displayed.
  9. Do not incite, suggest, or promote illegal or dangerous activity.
  10. Do not post personal information about any person, including home phone numbers or addresses.

Unauthorized Use of Materials

Subject to the terms of our Privacy Policy, any communication or material (including any information, data, communications, software, photos, video, graphics, music, sounds, or other materials that can be viewed on a website) that you transmit to this site or to us, whether by e-mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain any and all rights that you have in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide license and right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material (including such materials submitted prior to the effective date of the Terms of Use and Privacy Policy) for any commercial or non-commercial purpose regardless of the form or medium (now known, not currently known, or not yet devised) in which it is used. BY SUBMITTING SUCH COMMUNICATIONS OR MATERIALS AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO GRANT THE ABOVE DESCRIBED RIGHTS TO US, AND ARE NOT INFRINGING UPON ANY THIRD PARTY’S COPYRIGHT, TRADEMARK, OR OTHER PROPERTY RIGHTS TO SUCH COMMUNICATIONS OR MATERIALS. IN REGARDS TO THE COMMUNICATIONS AND MATERIALS SUBMITTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT, BY CONTINUING TO USE THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO GRANT THE ABOVE DESCRIBED RIGHTS TO US, AND ARE NOT INFRINGING UPON ANY THIRD PARTY’S COPYRIGHT, TRADEMARK, OR OTHER PROPERTY RIGHTS TO SUCH COMMUNICATIONS OR MATERIALS.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must conform to the following requirements:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Sign the paper.

Send the written communication to the following address:

Designated Agent for Claimed Infringement:

  • Contact:          Matthew E. Rhoades, Borderstan Media, LLC
  • Address:         1929 18th Street NW PMB 1116, Washington, DC 20009
  • Phone:             202-697-1695

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Warranty Disclaimer

The Content on this site, and the Comments, are provided “as is.”  Borderstan does not represent that the Content will be error-free, timely, free of viruses or other harmful elements, or that defects will be corrected. Borderstan makes no representations, express or implied, concerning the timeliness, accuracy, or completeness of any of the Content of the Site, or on any third-party website that may be accessed by a link from the Site.

BORDERSTAN EXPRESSLY DISCLAIMS ANY LIABILITY OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGMENT.

Borderstan is not responsible for any action, or failure to act, in reliance upon information on the Site or on any third-party website that may be accessed by a link from the Site. Borderstan expressly disclaims any liability for any action, or failure to take action, in reliance on any of the Content. Your sole remedy for any dissatisfaction with any of the Contents is to refrain from using the Site.

Advertising

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

BORDERSTAN EXPRESSLY DISCLAIMS ANY LIABILITY OR WARRANTIES, EXPRESS OR IMPLIED, FOR THE CONTENT OR USE OF ANY ADVERTISMENT OR ANY PRODUCT MENTIONED IN, OR PROMOTED BY, ANY ADVERTISEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGMENT.

Privacy Policy

Borderstan may collect information from users of the Site. The following policies govern Borderstan’s collection of information. This Privacy Policy may be changed from time to time, without notice to you and you acknowledge and agree that it is your responsibility to review this site and this Privacy Policy from time to time and to familiarize yourself with any modifications. To see the most up-to-date Privacy Policy, please return to review the Privacy Policy frequently.

Collection of Information

Borderstan collects certain user information from visitors to the Site. User information may include, but is not limited to, operating system, type of browser, browser configuration, geographic location, and Internet service provider, as well as pages visited (the “Collected Information”). The Collected Information may come from many sources, including without limitation Google Analytics, WordPress, and Bluehost. Borderstan may also use other sources, from time to time.

Borderstan does not intentionally collect your name, e-mail address, or other personal information as part of the Collected Information unless provided by you when submitting Comments or in e-mail or other correspondence. Borderstan does not knowingly collect any personal information from children under age 13, in compliance with the Children’s Online Privacy Protection Act of 1998.

Borderstan collects the Collected Information for a variety of reasons, among them understanding what types of articles and information are of interest to our readers, learning how better to design and configure the Site for ease of use, and for advertising purposes. Borderstan does not transfer the Collected Information other than in aggregate form.

The Collected Information is gathered using server logs and through the use of “cookies.”  A cookie is a piece of data stored by the user’s browser, on the user’s computer. Borderstan may use session ID cookies and/or persistent cookies. A Session ID cookie is typically deleted after the user closes the browser. A persistent cookie is a small file stored by the user’s browser, on the user’s computer, even after the browser has been closed. However, persistent cookies can be usually be removed via options in the user’s browser settings. It is solely your responsibility to control these settings.

Advertisers

Borderstan and its advertisers may use one or more third-party advertising companies to serve some of the Advertisements. These companies may use information about your visits to the Site and to other websites, in combination with non-personally identifiable information about your purchases and interests from other online and offline sources, in order to provide Advertisements that may be of interest to you.

In addition, Borderstan may share information with these third parties about visitors’ use of the Site and others for the purpose of managing and targeting Advertisements and for market research analysis on the Site and on other websites. However, Borderstan shall not sell visitors’ information independently of such advertising and the only information that is given to advertisers is aggregate information about the visitors viewing the advertiser’s particular ad or ads. In the course of serving the Advertisements to the Site, these third parties may place or use cookies on your computer.

Some of the Advertisements will be delivered by, among other services, Google. Information about users’ visits to the Site, such as the number of times a user has viewed an Advertisement, may be used to serve Google Advertisements to users. For information on how Google uses this information, consult the Google privacy policy.

None of the above procedures are intended by Borderstan to identify you personally or collect any personal information about you without your consent. If you submit or provide personal information to Borderstan, you agree that you are granting your consent for Borderstan to collect this information.

Disclosure of Identity

Users may register anonymously (via the use of a username that is not the user’s legal name) to submit Comments. However, Borderstan may make reasonable efforts to contact a user responsible for a Comment if a third party notifies Borderstan that a comment breaches Borderstan’s Terms of Service. Additionally, in the event Borderstan receives a subpoena, search warrant, or other legal request for information, Borderstan may, to the extent required or permitted by law, provide that information.

However, to the extent permitted by law, Borderstan will, in most cases, attempt to contact any affected users to allow them the opportunity to respond to, or mitigate the results of, such requests. Nonetheless, Borderstan may also disclose personal information when it has a good-faith belief that such action is necessary to comply with the law or to protect the public.

Links

The Site may contain links to other websites. BORDERSTAN EXPRESSLY DISCLAIMS ANY LIABILITY OR WARRANTIES, EXPRESS OR IMPLIED, FOR THE CONTENT OR USE OF ANY WEBSITES OTHER THAN THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGMENT. Borderstan is neither responsible for, nor in control of, the privacy practices of such other sites. This Privacy Policy applies only to the Site.

Log Files

The Web servers utilized by Borderstan and its Internet service provider may use log files. The information contained in log files may include internet protocol (“IP”) addresses, browser types, internet service providers (“ISPs”), referring/exit pages, platform types, date/time stamps, and number of clicks. This information may be used, among other reasons, to analyze trends, administer the Site, track user movements in aggregate, and gather aggregate demographic information. IP addresses and other information are not intentionally linked to personally identifiable information. However, Borderstan may use a tracking utility that employs log files to analyze user movement.