May 25, 2013
This statement covers all of the Wonkette Media LLC sites and any associated content including email and RSS feeds. Please read this statement carefully before proceeding to access any of the Wonkette Media Sites. Your use of the Wonkette Media Sites indicates your agreement to abide by the Terms in effect.
Use of Content
Wonkette Media LLC provides two feeds for each of its Sites:
Creative Commons License
Full, ad-supported RSS feeds at http://feeds.wonkette.com/full.
Creative Commons License
Ad-free Excerpt feeds at http://feeds.wonkette.com/excerpts.
Wonkette Media LLC provides a general license to use these feeds, provided that they are not modified in anyway (including the stripping of ads) with the exception of image stripping as detailed below:
All commercial uses of feeds (e.g. websites generating revenue through advertisements including AdSense) must strip all images from the feed to ensure copyright compliance with our third party photographic agency licenses.
1. The Site logo and URL must appear prominently at the top of each page displaying site content.
2. Internal links in the Site content must not be removed.
3. The format or branding of the headlines, text, byline and other information provided in the RSS feeds must not be modified.
4. “More From…” links back to original Site at the end of each post must be included on content pages and may not be removed.
1. The Site logo and URL must appear prominently at the top of each section displaying site content.
2. Content will appear unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer’s site links where appropriate.
3. Images from a Site must not be used in print without you obtaining the appropriate copyright clearances yourself.
1. The RSS feeds may not be spliced into or otherwise redistributed by third-party RSS providers.
2. No content, including any advertisements or other promotional content, shall be added to the RSS feeds.
3. Images must be removed from open syndication feeds and commercial feeds.
4. Wonkette Media LLC reserves the right to object to your presentation of the RSS feeds and the right to require you to cease using the RSS feeds at any time.
5. Wonkette Media LLC further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you.
6. Wonkette Media LLC provides this content “as is” and Wonkette Media LLC shall not be held liable for your use of the information or the feeds.
7. Use of a Wonkette Media Site’s RSS content on your site, is entirely at your discretion. Wonkette Media LLC is not responsible for any complaints regarding content or images that you choose to display on your site or in print.
TO THE FULLEST EXTENT ALLOWED, WONKETTE MEDIA LLC DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to these terms and conditions.
Corresponding with Wonkette Media LLC
Any correspondence with the Wonkette Media Sites or with Wonkette Media LLC, including any documentation or images, are considered property of Wonkette Media LLC. Wonkette Media LLC reserves the right to reproduce such correspondence, in whole or in part, on any of the Wonkette Media Sites or its affiliates.
The comments sections on Wonkette Media Sites are accessible to users by invitation only (such invitations coming either from Wonkette Media LLC editors directly or by referral from existing comment users). Wonkette Media LLC’s comment user registration system has been designed so that, if the user so chooses, they can remain completely anonymous, even to us.
In order to make our comments useful and interesting, the following guidelines have been established for comment users:
* Do not post threatening, harassing, defamatory, or libelous material.
* Do not intentionally make false or misleading statements.
* Do not offer to sell or buy any product or service.
* Do not post material that infringes copyright.
* Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
* Keep all comments relevant to the particular Wonkette Media Site where the comment is being posted.
* Wonkette Media LLC will not accept responsibility for information posted in the Comments.
Please note that once you post a comment to one of our sites, it becomes part of the public conversation. Our policy is that we will not remove a user’s comments unless we deem them to be in violation of our Terms of Service. So if you want to say something that you will later regret personally, it is advisable that you use a username that does not identify you. We cannot remove your comments simply because you have a change of heart about making them.
However, Wonkette Media LLC reserves the right to remove comments entirely at its discretion, including for alleged violations of terms of service or legal rights.
Wonkette Media LLC sites typically display images as part of blog posts written by our editors. The types of images editors are authorized to use on Wonkette Media LLC sites include:
* Images licensed from photographic archive vendors
* Images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
* Reader-submitted images, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site(s)
* Images published on Flickr or other public photo sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
* Images commissioned by Wonkette Media LLC
* Images created by Wonkette Media LLC, its employees or contributors.
* Images that we believe to be covered by the Fair Use Doctrine, taking into account factors such as:
1. The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody.)
2. The nature of the copyrighted work (i.e. factual or newsworthy vs creative works)
3. The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution images used for no more than to convey the point made)
4. The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)
If Wonkette Media LLC receives notice that an image posted is not in keeping with these terms and conditions or the intended use of the Comments section where it is posted, we reserve to right to remove that image.
If you think we have published an image or text that infringes your copyright, we will address your concerns; however, if the image falls into one of the categories listed above, we believe that our use of the image is legitimate and we will not remove it from the site.
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please write to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers!
To enable us to address your concerns, please provide the following information:
1. For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
3. Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:
* Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,
OR, absent such registration,
* a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
* Evidence to support your claim that you own the copyright in the image.
We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
4. 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.”
5. Sign the document and send a PDF to:
Wonkette Media LLC Legal / DMCA Complaints
legal AT wonkette DOT com
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.
Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys’ fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects for publication.
You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
We also reserve the right to publish your letter on the site(s).
External Links Disclaimer
Wonkette Media Sites routinely contain links to external, third party websites. By providing links to other sites, Wonkette Media LLC does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Wonkette Media Site in question.
Wonkette Media LLC does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to GM Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
Notification of Changes
Advertising and Your Privacy
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
If you have any questions or notices of violations to these terms and conditions, please contact the editor of the Wonkette Media Site in question, or send an email to publisher AT wonkette DOT com.
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