Terms

Updated: April/23/2021

Welcome to PunditDomain.com

TERMS OF SERVICE And USER AGREEMENT

Modified: April 5, 2021.
PLEASE READ THESE TERMS OF SERVICE And USER AGREEMENT CAREFULLY.  

HERETO BY REGISTERING AS A MEMBER/USER OF PUNDITDOMAIN.COM, USING THIS WEBSITE, MOBILE ONLINE APPLICATIONS,  OTHER DIGITAL DEVICE OR LINKED  SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND TO ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE, MOBILE ONLINE APPLICATIONS, OTHER DIGITAL DEVICE, OR LINKED SERVICES.

PUNDITDOMAIN.COM SERVICES
Designs That Speak created and registered PunditDomain.com as a Free Social Media Platform Service that enables and empowers people from all over the world with the 'Freedom of Speech and Expression’ here within to Create Their Own Personal User Social Media Domain and to connect with each other Publicly, Privately or in Groups. 

These Terms of Service and User Agreement below govern your use of ‘PunditDomain.com’.

1.  PunditDomain.com Services
You may use the PunditDomain.com Services only if you agree to these Terms of Service and User Agreement, and are not a person legally barred from receiving digital services under the laws of any applicable local, state, national or global jurisdictions. If you are an individual, you must be at least 13 years old to use the PunditDomain.com Services. If you Registered using the PunditDomain.com Services on behalf of a company, organization, government, or other legal entity you represent, and warrant that you are authorized to do so and have the authority to bind such entity to these Terms of Service and User Agreement and accept these Terms of Service and User Agreement, in which case the words “you” and “your” as used in these Terms of Service and User Agreement shall refer to such entity. 

As a Registered Member/User, you are granted a limited license to access and use PunditDomain.com Services, hereafter, also known as ‘Ihe Site’, and the Site Materials for your informational, non-commercial and Personal Domain use only. Such license is subject to these Terms of Service and User Agreement. Any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or any use of the Site or the Site Materials other than for its intended purpose can revoke this license at any time. 

2.  COPYRIGHT DISCLAIMER UNDER SECTION 107 OF THE COPYRIGHT ACT 1976, ALLOWANCE IS MADE FOR "FAIR USE" FOR PURPOSES SUCH AS CRITICISM, COMMENT, NEWS REPORTING, TEACHING, SCHOLARSHIP, AND RESEARCH. FAIR USE IS A USE PERMITTED BY COPYRIGHT STATUTE THAT MIGHT OTHERWISE BE INFRINGING. NON-PROFIT, EDUCATIONAL OR PERSONAL USE TIPS THE BALANCE IN FAVOR OF FAIR USE

About Fair Use

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstancesSection 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair use:

• 1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes
• 2. Nature of the copyrighted work
• 3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole
• 4. Effect of the use upon the potential market for or value of the copyrighted work

See: https://www.copyright.gov/fair-use/

3.  MEMBER/USER CONTENT AND INTERACTIVE SERVICES AND OTHER AREAS.  A Registered Member/Users can create a Personal Domain. It can be Public, Log in Members/Users only, Groups or Private with interactive areas or services, such as forums, blogs or message boards. As a Member/User you can use and create other areas or services in which you or other members/users may create, post, share, store content, messages, materials, data, information, text, graphics, audio, video, other items or materials on the Site (“Member/User Content").  You are solely responsible for your use and what you post on the PunditDomain Interactive Areas, and you use them at your own risk.  

4.  Member/User Content Restrictions:
By using your Personal Domain or Posting to Another Member’s Domain  or any Interactive Areas, You Agree to the 'Member/User Content' Restrictions and Not Create, Post, Upload, Transmit, Distribute, Store, or Otherwise Publish on or through the Site any of the following restrictions: 
PunditDomain.com is SSL secured and safe. Beware: SSL Encryption Certificate, Spam and Malicious IP address widget filters are active, and automatically report to the proper authorities.

a.  Member/User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
b.  Member/User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c.  Member/User Content that may infringe on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d.  Member/User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e.  Unsolicited promotions, illegal advertising, solicitation spam;
f.  Reveal Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g.  Uploading a Virus with corrupted data or other harmful, disruptive or destructive files; 
h.  Member/User Content which 'Violates The Terms' of any PunditDomain guidelines, policies or rules posted on the Site or otherwise provided to you; 
 i .  Member/User Content that, in the sole judgment of PunditDomain, is objectionable or which restricts or inhibits any other person from using or enjoying the Personal Domain Interactive Areas or the Site, or which may expose PunditDomain, Designs that Speak or its member/users to any harm or liability of any type.
j.  See: 47 U.S. Code § 230 - Protection for private blocking and screening of offensive material:
k.  https://www.law.cornell.edu/uscode/text/47/230
l. 
 Member/User Content that represent Unlawful Domestic or Foreign Internet Gambling:
m. https://archives.fbi.gov/archives/news/stories/2007/june/gambling_060607
o.  https://www.ftc.gov/enforcement/statutes/unlawful-internet-gambling-enforcement-act
p.  https://www.ncua.gov/regulation-supervision/letters-credit-unions-other-guidance/unlawful-internet-gambling-enforcement-act-2006
q.  https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-chapter53-subchapter4&edition=prelim

5.  eCommerce Business Promotion Conditions:
eCommerce is Welcome. We recognize small business as a value and asset to the community. You Agree Not to Create any of the above 'Member/User Content Restrictions. See 'User Guide' Posting business promotions constraints as a community and formats.

6.  Proprietary  Ownership:
PunditDomain.com is owned and operated by DesignsThatSpeak.net. PunditDomain and Designs That Speak take no responsibility and assume no liability for any  Member/User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto; nor is PunditDomain or Designs That Speak liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter.  Your use of your Personal Domain Interactive Areas is at your own risk. Enforcement of the member/user content or conduct rules set forth in these Terms of Service and User Agreement is solely at PunditDomain or Designs That Speak’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.  In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of a Social Networking Platform and interactive services, neither PunditDomain nor Designs That Speak is liable for any statements, representations, or Member/User Content provided by its member/users in any Personal Domain Interactive Area or posts made by member/users.

Although PunditDomain or Designs That Speak has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any Member/User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Member/User Content you post or store on the Site at your sole cost and expense.  Any use of the Personal Domain Interactive Areas or other portions of the Site in violation of the foregoing and violations of these Terms of Service and User Agreement may result in, among other things, termination, or suspension of your rights to use your Personal Domain Interactive Areas and/or the Site license.

We at PunditDomain and Designs That Speak, reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Site at any time, in and at our sole discretion. 

QUESTIONS & CONTACT INFORMATION.  Questions or comments about the Site may be directed to PunditDomain at admin@punditdomain.com