The Gist
We (the folks at Eder Marques Digital Inc., or “EMD”) run this site and would love for you to use it.
This site, blog, newsletter, and related services are designed to educate and entertain, and we encourage you to express yourself freely.
However, be responsible in what you write, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content).
That’s the gist of it. Thanks also to the good folks at Automattic and Tim Ferriss for making their ToS available under the Creative Commons Sharealike license, which means that you, like I did, can borrow some or all of their wording for your own Terms of Service.
Terms Of Service
These Terms of Service (“Terms”) govern your access and use of edermarques.com (“Website”) and all content, products and services provided by EMD or its affiliates (collectively, the “Services”).
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms, our Privacy Policy and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”).
You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.
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. The Services are available only to individuals who are at least 18 years old.
Responsibility of Visitors and Users
If you comment on a blog, post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) any content, media, information, image, file, hyperlink, code, software, or other material (collectively, “UGC”) available on or through the Services , you understand and agree that you are solely responsible for such UGC and any harm, damages, losses, liabilities, or injuries resulting directly or indirectly therefrom. By making UGC available on or through the Services, you represent and warrant that:
* the downloading, copying, transmission, display, and use of the UGC will not infringe the rights of any third party including, without limitation, any copyright, patent, trademark, or trade secret rights or rights of privacy or publicity;
* you have secured all rights, authorization, and permission from any employer or other third party necessary to make such UGC available through the Services;
* you have fully complied with any third-party licenses relating to the UGC, and have done all things necessary to successfully pass through to end users any required terms;
* the UGC does not contain and will not cause to be installed any virus, bug, worm, backdoor, time bomb, drop-dead device, ransomware, malware, Trojan horse, or other harmful or destructive code or content that either directly or indirectly, with the passage of time or under the control of any person or otherwise, permits unauthorized access to or disrupts, disables, erases, or otherwise harms or impedes the functionality of the Website or any computer or system (collectively, “Harmful Content”);
* the UGC 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, boost the search engine rankings of third party sites, further unlawful acts (including, without limitation, phishing), or mislead recipients as to the source of the material (such as spoofing);
* the UGC is not libelous or defamatory (more info on what that means), does not contain threats and does not incite violence towards individuals or entities;
* the UGC is not being advertised via unsolicited promotional methods including, without limitation, electronic messages such as spam links on newsgroups, email lists, other blogs and websites;
* the UGC is not named, described or otherwise presented in a manner that could mislead readers into thinking that you are another person or company. For example, your blog or comment’s URL or name may not be the name of a person other than yourself or company other than your own; and
* you have, in the case of UGC that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the UGC, whether requested to do so by EMD or otherwise.
Without limiting any of those representations or warranties, EMD retains the absolute right to (i) remove or disable access to any UGC for any and no reason whatsoever, and (ii) terminate or deny access to and use of the Services to any individual or entity for any or no reason whatsoever.
EMD has not reviewed, and cannot and will not review, all of the UGC appearing on the Services, and shall not be responsible for any UGC, its use, or effects. By operating the Services, EMD does not represent or imply that it endorses any UGC or that it believes such UGC to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from Harmful Content. The Services and all UGC or other content appearing on the Services are provided “as is” with no representations or warranties of any kind. EMD disclaims any responsibility for any harm resulting from the use by visitors of the Services or any UGC or other content appearing on the Services.
Your Account
When using our Services that requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create an account to use our Services, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.
Content Posted on Other Websites
EMD does not have any control over any other websites or webpages and is not responsible for their content or your use thereof or access thereto. By linking to any third-party website or webpage, EMD 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 Harmful Code. EMD disclaims any responsibility for any harm resulting from your use of any third-party websites or webpages.
Intellectual Property
This Agreement does not transfer or grant any license from EMD to you any intellectual property of EMD or any third party, and all right, title, and interest in and to such property will remain (as between the parties) solely with EMD or affiliated companies.
Through the Services, you will have access to UGC that is owned or licensed by EMD and protected by copyright, trademark, patent, trade secret and other laws. EMD retains all rights to our Content, and your permission to use the Services under these Terms does not convey any additional right or ownership in connection with our Content.
Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any EMD or third-party trademarks or other intellectual property.
You hereby grant EMD an irrevocable, perpetual, non-exclusive, transferable, fully paid, universe-wide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works, and distribute (through multiple tiers), any UGC you post on or in connection with the Services or the promotion thereof for any purpose, including commercial or advertising in connection with EMD or the promotion thereof; and (b) to use your name, likeness, image, avatar, and online or social media profiles for any purpose, including commercial or advertising in connection with EMD or the promotion thereof.
Copyright Infringement
If you believe that UGC or other material made available through the Services violates your copyright, please submit a notification in accordance with the Digital Millennium Copyright Act (”DMCA”), 17 U.S.C. § 512 to EMD to hello@edermarques.com
EMD will respond to all such notices in accordance with the DMCA. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of EMD or others, we may, in our discretion, terminate or deny access to and use of the Services. In the case of such termination, EMD will have no obligation to provide a refund of any amounts previously paid to EMD, if any.
Changes
EMD reserves the right, at its sole discretion, to modify or replace any part of these Terms. 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. EMD 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.
Disclaimers of Warranties
The Services are provided “as is.” EMD 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 EMD nor its suppliers and licensors make any warranty that the Services 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 Services at your own discretion and risk.
Limitation of Liability
To the maximum extent permitted by law, in no event will EMD or its suppliers or licensors or their respective directors, officers, employees, agents, successors, and assigns be liable with respect to any subject matter of, or otherwise relating to or in connection with, this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for:
(i) any indirect, special, incidental, punitive, exemplary, or consequential damages;
(ii) the cost of procurement or 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 EMD under this Agreement during the twelve (12) month period prior to the cause of action.
EMD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing limitation of liability is intended to apply to the fullest extent permitted by applicable law, without regard to whether other provisions of these Terms have been breached or have been proven ineffective. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities provided herein, so some of the disclaimers and limitations herein may not apply to you. To the extent applicable law does not permit the disclaimer of warranties or limitations of liability contained herein, the scope of such warranties and limitations of liability will be as permitted under applicable law.
Indemnification
You agree to indemnify and hold harmless EMD, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or applicable law, Content that you post, and any ecommerce activities conducted through your or another user’s website.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless EMD, its affiliates, its contractors, and its licensors, and all of their respective directors, officers, employees, agents, successors, and assigns from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”) arising out of, related to, caused by, or in connection with: (i) your use of the Services; (ii) your violation of this Agreement including these Terms; (iii) your violation of the rights of any third party; (iv) any breach or non-performance of any representation, warranty, covenant, or agreement made by you.
Miscellaneous
This Agreement constitutes the entire agreement between EMD and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of EMD or by the posting by EMD of a revised version.
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; EMD 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.
Last update: December 17, 2023