Terms of Use

ARCHIVED 2019-01-01, DATE APPROXIMATE · VERSION 20190101_rev01 · COMPARED WITH 20180623_rev01

Full text changes — 20180623_rev01 to 20190101_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

1717 As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity.
1818
1919 By using the Services, you agree to: (a) provide accurate and complete information about yourself as prompted by the registration form for a Service ("**_Registration Data_**"), (b) maintain and promptly update the Registration Data to keep it accurate and complete, and (c) maintain the security of your password. In the event you compose a profile upon registering for the Services (a "**_Member Profile_**"), such profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do by clicking [here](https://www.ookla.com/privacy).
2020
21212. **Your Use of Content.**
2222
23 You acknowledge that the Services contain information, software, articles, reviews, content, photographs, audio and video clips, graphics, links, logos, trademarks, the "look and feel" of our websites, applications and software and other material (collectively, the "**_Content_**") that are protected by copyright, trademark and/or other proprietary rights of Ziff Davis or third parties. All Content on the Services is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members, and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Services or users on the Services. **Please refer to our [Linking Policy](http://www.ziffdavis.com/ziff-davis-linking-policy/) for more information on linking and use of Content.**
23 You acknowledge that the Services contain information, software, articles, reviews, content, photographs, audio and video clips, graphics, links, logos, trademarks, the "look and feel" of our websites, applications and software and other material (collectively, the "**_Content_**") that are protected by copyright, trademark and/or other proprietary rights of Ziff Davis or third parties. All Content on the Services is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members, and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Services or users on the Services. **Please refer to our [Linking Policy](https://www.ziffdavis.com/ziff-davis-linking-policy/) for more information on linking and use of Content.**
2424
2525 Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services. Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
2626
2727 You may post on the Services only content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the "**_Material_**"). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Ziff Davis and its affiliates, successors, assigns and licensees (collectively, "**_Licensee_**") a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense (the "**_License_**"), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee's rights under the License shall not violate any laws, defame or libel any person, invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including but not limited to any copyright or moral right).
2828
2929 You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended ("**_Copyright Act_**") and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
8989
9090 You agree to indemnify, defend and hold Ziff Davis and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Ziff Davis Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any Ziff Davis Party in connection with:
9191
9292 - Your use of, or connection to, our Services;
9393 - Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
9494 - The content, the quality, or the performance of Material that you submit;
95 - Your violation of the Agreement or the Ziff Davis [Privacy Policy](http://www.ziffdavis.com/privacy-policy); or
95 - Your violation of the Agreement or the Ziff Davis [Privacy Policy](https://www.ziffdavis.com/privacy-policy); or
9696 - Your violation of the rights of any other person or entity.
9797
9898 Ziff Davis reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ziff Davis' defense of such claim.
9999
1001007. **Termination of Services.**
101101
102 Ziff Davis reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. If you would like to delete a particular account on the Services, please review the [Updating Your Registration Information](https://www.ziffdavis.com/privacy-policy) section of the [Privacy Policy](http://www.ziffdavis.com/privacy-policy) and use the contact instructions for the particular property where you with to delete your account. Once your access terminates, you will have no right to use the Services. The terms of the Agreement shall survive any termination of your access. Ziff Davis may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
102 Ziff Davis reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. If you would like to delete a particular account on the Services, please review the [Updating Your Registration Information](https://www.ziffdavis.com/privacy-policy) section of the [Privacy Policy](https://www.ziffdavis.com/privacy-policy) and use the contact instructions for the particular property where you with to delete your account. Once your access terminates, you will have no right to use the Services. The terms of the Agreement shall survive any termination of your access. Ziff Davis may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
103103
1041048. **Copyright Policy.**
105105
106106 You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Ziff Davis has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. §512(c). If you believe that your work has been copied and posted on the Services in a way that constitutes copyright or trademark infringement, please notify the designated agent, Stephen Hicks, Ziff Davis, LLC at 28 East 28th Street, 11th Floor, New York, New York 10016, fax: (212) 503-5136, or by email: [ZDLegal1@ziffdavis.com](mailto:ZDLegal1@ziffdavis.com) and insert "**_Terms of Use_**" in the subject line.
107107
108108 A notification of claimed infringement must include the following: