In plain English:
We (the folks at Dakota Imagery) run a blog and web site news service called cmsreport.com and would love for you to use it, visit often, and join in the conversation. Our service is designed to give you the ability to participate and contribute to this site as much as as possible. We encourage you to express your opinion free, but remain factual in your claims. Be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
You can check articles on our site and get a sense of the type of content that is welcome on our service (or not!). If you discover any content at cmsreport.com site that you believe violates our terms of service, please report it using the information found on our contact page.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Dakota Imagery, acceptance is expressly limited to these terms. Contributions to the Website is available only to individuals who are at least 13 years old.
- Your cmsreport.com Account and Site. If you create content on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your contributed content. You must not describe or assign keywords to your submitted content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Dakota Imagery may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Dakota Imagery liability. You must immediately notify Dakota Imagery of any unauthorized uses of your account or any other breaches of security. Dakota Imagery will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you comment on an article, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your article is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Dakota Imagery or otherwise.
By submitting Content to Dakota Imagery for inclusion on this Website, you grant Dakota Imagery a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your article. If you delete Content, Dakota Imagery will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Dakota Imagery has the right (though not the obligation) to, in Dakota Imagery’s sole discretion (i) refuse or remove any content that, in Dakota Imagery’s reasonable opinion, violates any Dakota Imagery policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Dakota Imagery’s sole discretion. Dakota Imagery will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
cmsreport.com does not accept payment for posted articles or embedded links on this Website. Optional paid services such as sponsorship through ad banners may be available on the Website.
- General Terms.
- Responsibility of Website Visitors. Dakota Imagery has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Dakota Imagery does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dakota Imagery disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which cmsreport.com links, and that link to cmsreport.com. Dakota Imagery does not have any control over those non-socPub webpages, and is not responsible for their contents or their use. By linking to webpage on another website, Dakota Imagery does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dakota Imagery disclaims any responsibility for any harm resulting from your use of websites and webpages that these links take you to.
- Copyright Infringement and DMCA Policy. As Dakota Imagery asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by cmsreport.com violates your copyright, you are encouraged to notify Dakota Imagery. Dakota Imagery will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Dakota Imagery will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Dakota Imagery or others. In the case of such termination, Dakota Imagery will have no obligation to provide a refund of any amounts previously paid to Dakota Imagery. To contact our designated Copyright Agent, see the "Contact Information for Copyright Owners" section of our Contact Page.
- Intellectual Property. This Agreement does not transfer from Dakota Imagery to you any Dakota Imagery or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dakota Imagery. Dakota Imagery, cmsreport.com, the cmsreport.com logo, and all other trademarks, service marks, graphics and logos used in connection with cmsreport.com, or the Website are trademarks or registered trademarks of Dakota Imagery or Dakota Imagery’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Dakota Imagery or third-party trademarks.
- Advertisements. Dakota Imagery reserves the right to display advertisements on articles and any other content that you may contribute to cmsreport.com.
- Attribution. Dakota Imagery reserves the right to display attribution links such as ‘Post at cmsreport.com, CMS host provider, and additional credit attribution on the pages containing your contributed content.
- Changes. Dakota Imagery reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Dakota Imagery may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Dakota Imagery may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your cmsreport.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Dakota Imagery and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dakota Imagery nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Dakota Imagery, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Dakota Imagery under this agreement during the twelve (12) month period prior to the cause of action. Dakota Imagery shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Dakota Imagery, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Dakota Imagery and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dakota Imagery, or by the posting by Dakota Imagery of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of South Dakota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Minnehaha County, South Dakota. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with arbitrator of Dakota Imagery's choosing. The arbitration shall take place in Sioux Falls, South Dakota, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dakota Imagery may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.