Columns

It snowed last night. Snow is a curse. Snow is evil. Snow is what happens when the atmosphere solidifies and falls on your head.
To all expectant moms, I’d like to say: Welcome to the New Normal.
Winter is clearly here, but it's not just the weather that's been getting colder. Some recent news stories reveal a good amount of frost seeping into society, as well.
This year I’m asking extra help from God on the requisite “get in shape” resolution. I’m praying for the metabolism of a hummingbird. Is that so wrong?
Here it is, as concise as I can make it: 10 rules that will see you (and me) through 2009 and beyond.

Terms of Use

March 13, 2008

Digital Publishing Corporation ("DPC") operates this website (the "Website") for the education and personal use of our visitors (the "Users" or "you"). Use of this Website is conditioned on the User’s acceptance of all of these Terms of Use, including the Privacy Policy and disclaimers set forth below. Use of this Website constitutes the User’s agreement to all those terms and conditions. If you cannot agree with all these terms, please exit this Website.

Copyright and Trademark Information
All materials on this Website are protected by copyrights, trademarks and/or other intellectual property rights.  These materials are owned by DPC, its partners or its affiliates, or are used with permission of their owners or as otherwise authorized by law. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Website. All rights are reserved, worldwide.

Users may print or reproduce discrete portions of DPC materials published on this site, for purposes of commentary or the User’s personal non-commercial use and enjoyment, so long as proper credit is given to DPC by including "Used with permission from Digital Publishing Corp., Copyright 2008. All rights reserved."  No User is authorized to change the material or the meaning of the DPC material. Use or review of this Website does not give any User a license or right under any patent, copyright, trademark or other intellectual property or personal right of DPC or any third party. No DPC trademark may be used in advertising or other commercial materials without the prior express written permission of DPC. If you would like to request permission to use any of the content on our Website, please visit our Permission and Reprints page.  You also agree to observe the privacy of all other Users and not to use the personal information of any other User for any commercial, promotional or other purpose.

Links to other Websites
Links to other websites are provided as a convenience only.  These sites may have their own privacy statements in place, which we recommend you review if you visit any linked websites.  We may not have control over any websites or resources which are provided by companies or persons other than DPC and we are not responsible for the content of linked sites or any use of such sites.  You acknowledge and agree that DPC is not liable for the accuracy, completeness, timeliness, reliability or availability of any such external sites or resources.  Providing a link to another site does not mean that DPC endorses or approves that website or any advertising, products or other materials available from such websites or resources. 

Postings or comments
Any User or third party submissions or postings on the Website are the views of the author or poster. They do not necessarily reflect the views of DPC. DPC reserves the right to edit any postings or material submitted to it, for any reason. DPC has the sole discretion over whether to publish, edit or delete any material submitted to it. By submitting your name, address, photo or other identifying data with a posting or other submission, you give DPC the right to publish that data, and to use that data for promotional or any other purpose.  Please do not submit any confidential, proprietary, or copyrighted material without authorization of the owner. Submission of any material that is obscene, defamatory, or that infringes any trademark, copyright, privacy right, or other legal right is prohibited, and you agree that you will not submit any such material. 

DPC disclaims any responsibility for messages submitted to any Forum (as defined below) or user opinion or feedback mechanism that DPC may host on or through this Website or elsewhere. DPC does not undertake to review those messages and has no responsibility for their content. DPC reserves the right to review or edit such messages, and to restrict or deny access to any bulletin board or forum, or any part of the Website.  DPC reserves the right to deactivate or delete your accounts and all related information and files in your account.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Website ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant DPC, its affiliates, and partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, adapt, recast, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

The Website contains content that we create as well as content provided by third parties. This content may include movie and other entertainment reviews, and information about products and services offered by parties other than DPC. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. 

Your conduct on our Website
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying our sites and the services we provide (the "Services") is the property of DPC, its affiliates, and partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Website or the Services. You agree not to modify the software underlying our Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Website.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Website, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our Website, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a DPC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or
14. Engage in any illegal activities.

You agree to use our blogging services, chat areas, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our Website, deny you access to our Website, or any combination of these options.

Unauthorized access to our Website is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by DPC for use in accessing our Website. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our Website is subject to existing laws and legal process. Nothing contained in these Terms and Conditions shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Website.

DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE MATERIAL ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DPC SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE USE OR MISUSE OF THIS WEBSITE, OR THE INFORMATION, DOCUMENTS, OR SOFTWARE HEREIN, EVEN IF DPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. DPC DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS.  ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DESCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMANGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.

A User’s use of this Website, and any reliance on any material published or transmitted by this Website, is at the User’s own risk.  You agree that you hereby release DPC and its affiliates, advertisers, supporters, and authors from any and all liability or obligations arising from the access or use of this Website, or any Forum or other area of this Website. A User’s sole remedy for any problem or concern is to exit this Website. You agree that you will indemnify and hold DPC harmless for any loss, damages or liability suffered by DPC as a result of your use of this Website, or your submission of any material to DPC or this Website.  DPC reserves the right to restrict, terminate or limit access to this Website.

Copyright Violations: If you believe that any material on this website infringes your copyright, please notify us as follows, under the Digital Millennium Copyright Act ("DMCA"). To notify us, the DMCA requires that you: 1. Send an email notice to DPC to: administrator@digitalpublishingcorp.com. 2. Include the following information in your email: a. Identify of the copyrighted work(s) you claim is infringed; b. Identify the material you claim is infringing the copyright(s), and give enough information for DPC to locate that material; c. Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"); d. Include the Claimant's name, address, and telephone number(s); e. Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent; and f. Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is the copyright owner or is authorized to act on behalf of the copyright owner.