Welcome to Antenna, Inc. (“Antenna,” “we,” “us,” or “our”). We operate www.antenna.is (the “Site”) as well as the Antenna widget (the “Widget”) that allows readers to react, share and discuss content on third party publisher sites (“Publisher Sites”) with a just a few mouse clicks. This Site provides resources and information about the Widget and a number of related services (collectively, including the Site and the Widget, the “Services”).
As a general rule, there are two categories of users of the Site and Widget: "Publishers" who are operators or publishers of Publisher Sites containing the Widget, and "End Users" who are individual visitors of the Site or a Publisher Site through which they can use and access the Widget to rate, share, comment on and opine on the Content on the Publisher Site. When we refer to “Content,” we mean web pages, text, videos, images, audio clips, photos, graphics, advertisements, sponsorships and/or other types of content or data. When we refer to “Code”, we mean the proprietary computer code that We have written for the Site, Services, and Widget, that is not otherwise open-sourced, The Widget is designed to maximize distribution of Publisher Content, drive traffic back to the Publisher Site, and provide Publishers insight into End Users who share Your Publisher Content.
1. END USERS. You may initially be able to use the Widget or Site without registering with us, but the masquerade ball will not last forever. As You use the Widget on Publisher Sites as an End User, You will be required to register with us (if not initially, then after some use of the Widget by You) (becoming a “Registered User” and creating an “Account”). To register, You currently must log-in through your Facebook account, or register with Us using your email address and a password. If You provide us with any other information, You warrant that it will be true, accurate, current and complete. If we believe or suspect that Your information is not true, accurate, current or complete, we may deny or terminate Your access to the Site or Services (or any portion thereof). You must abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You may not use Your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
b. If someone accesses our Site or Services using Your Account, we will assume that it is really You or Your representative who is accessing the Site and Services. You are solely responsible for any and all activities that occur under or in connection with Your Account, including the acts and omissions of any user accessing the Site and Services under Your Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Site, the Widget and Your Account, including without limitation terminating Your access, changing Your password, or requesting additional information to authorize activities related to Your Account. In no event and under no circumstances will Antenna be held liable to You for any liabilities or damages resulting from or arising out of (i) any action or inaction of Antenna under this provision, (ii) any compromise of the confidentiality of Your Account, and (iii) any unauthorized access to or use of Your Account. Please notify us immediately if You become aware that Your Account are being used without authorization.
3. RULES REGARDING CONTENT. Publishers are responsible for any Content on the Publisher Site and any of its Content made available through the Site. End Users are responsible for any Content submitted by the End User (e.g., comments on the Widget or the Site). You will be entirely responsible for each individual item of Content that You post on the Site or Widget, whether it is a photo, a comment, opinion or vote, and, as between You and us, You retain ownership and any intellectual property rights in the Content You post. For us to do what we do, You agree to grant us a non-exclusive, royalty-free, perpetual, fully paid, fully sublicenseable, worldwide license, under any and all of Your copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers, including Publishers. To the extent You include personally identifiable information in Your Content, we will not be liable for such disclosure. Without limiting the foregoing, You authorize us to (i) combine any Content you submit with other Content, including Content associated with the Widget, the Site or any Publisher Content and/or owned and licensed by us and (ii) to allow others, including Publishers, to do the same. For the sake of clarity, we state that we do not claim any ownership rights in Publisher Content or Content submitted or posted by an End User.
But we do have some rules around here. You represent and warrant that You will not post or use any Content in any manner that:
§ Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
§ Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
§ Is false or inaccurate or becomes false or inaccurate at any time;
§ Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
§ Misrepresent the source of the Content;
§ Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
§ Misrepresents Your identity in any way;
§ Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
§ Advocates or encourages any illegal activity; or
§ Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
4. General Rules of User Conduct. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that You will not:
§ Use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services other than for which the Site or Services are being provided to You. As a rule, you can reproduce and distribute Content, but not our Code;
§ Conduct or promote any illegal activities while using the Site or Services;
§ Upload, distribute or print anything that may be harmful to minors;
§ Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
§ Promote or advertise any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) violates the terms of service of any website upon which the Content is viewed, or (iii) Antenna determines, in its sole discretion, is inappropriate to be promoted through the Site or the Services;
§ Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
§ Use the Site or Services to generate unsolicited email advertisements or spam;
§ Use the Site or Services to stalk, harass or harm another individual;
§ Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
§ Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
§ Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
§ Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
§ Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
5. FEEDBACK. In the event that You provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively “Feedback”), You agree we may use the Feedback to modify our Services and that You will not be due any compensation, including any royalty related to the product or service that incorporates Your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether You provide the Feedback on the Site, a Publisher Site, or through any other method of communication with us, unless we have entered into a separate agreement with You that provides otherwise.
6. SOCIAL NETWORKS. In using certain Services, You authorize us to act on Your behalf to access and interact with social networking sites such as Facebook and Twitter (any such site, a “SN Site”) to retrieve information from, and/or submit information to, such SN Sites at Your request. We will not collect Your username and password, and we will instead store the unique authorization code (or a “token”) provided to us by the SN Site to access it on Your behalf. You can revoke our access to an SN Site at any time by amending the appropriate settings from within Your account settings on that site. You should note that a SN Site may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such SN Site.
7. GEOGRAPHICAL RESTRICTIONS. We make no representation that all of the Services are appropriate or available for use in locations outside the United States or all territories within the United States. If You choose to access our Site and the Services, You do so on Your own initiative and are responsible for compliance with local laws.
8. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to You. We may make these modifications in order to ensure compliance with any change in applicable law, any industry self-regulatory bodies or for any other reason in our sole discretion. We will use commercially reasonable efforts to provide fourteen (14) days written notice of any such change (the actual notice period to be referred as the “Notice Period”) and any such change will go into effect upon termination of the Notice Period. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate Your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
11. RELEASE. To the extent permitted under applicable laws, You hereby release Antenna from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any End User or Publisher or any other third party, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any End User or Publisher; (c) any loss or damage caused by Content posted on the Services or transmitted by and to End Users or Publishers, or any interactions between End Users and/or Publishers, whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any End User or Publisher communications. If You are a California resident, You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
12. DISCLAIMER OF WARRANTIES. THIS SITE, SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR SERVICES ARE PROVIDED BY ANTENNA “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ANTENNA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR SERVICES OR THE CONTENT INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
13. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR PUBLISHERS, OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES, PUBLISHER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE INTERACTIONS BETWEEN YOU AND OTHER END USERS OR PUBLISHERS, NOR, IN ANY EVENT, WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY PUBLISHER OR END USER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances WILL WE or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
15. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
§ An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
§ A description of the copyrighted work that You claim has been infringed;
§ A description of where the material that You claim is infringing is located on the Site or Services;
§ Your address, telephone number, and email address;
§ 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; and
§ 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.
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by mail at: Copyright Agent, Antenna, __________________________ or by email at email@example.com.
LAST UPDATED. September 28, 2013.