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author= Ryan Singel;
description= Contextly powers smart content recommendations and related posts for publishers, using machine learning and AI.;
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installing the service 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 service or use any services if these terms and conditions are considered an offer by contextly acceptance is expressly limited to these terms the service is available only to individuals who are at least 13 years old your contextly account and site if you install the service on your publishing system you are responsible for maintaining the security of your account and publishing system and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the service you must immediately notify contextly of any unauthorized uses of your publishing system or your account contextly 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 post material on your publication or otherwise make or allow any third party to make material available by means of the publication any such material content you are entirely responsible for the content of and any harm resulting from that content or the service s recommendation of that content if you choose to have the service display links to content that is not hosted on your site you are responsible for that link 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 recommendation 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 does not contain threats or incite violence and does not violate the privacy or publicity rights of any third party your publication is not getting advertised via unwanted electronic messages such as spam links on newsgroups email lists other blogs and web sites and similar unsolicited promotional methods your publication is not named in a manner that misleads your readers into thinking that you are another person or company for example your publication s url or name is not the name of a person other than yourself or company other than your own 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 contextly or otherwise by submitting content to contextly for inclusion on your website you grant contextly a world wide royalty free and non exclusive license to reproduce modify and adapt headlines and images solely for the purpose of displaying distributing and promoting your content if you delete content contextly will use reasonable efforts to remove it from the service but you acknowledge that caching or references to the content may not be made immediately unavailable without limiting any of those representations or warranties contextly has the right though not the obligation to in contextly s sole discretion i refuse to recommend any content that in contextly s reasonable opinion violates any contextly policy or is in any way harmful or objectionable or ii terminate or deny access to and use of the service to any individual or entity for any reason in contextly s sole discretion contextly will have no obligation to provide a refund of any amounts previously paid payment after a any trial period you agree to pay contextly the monthly or annual subscription fees indicated for that service payments will be charged on a pre pay basis on the day you sign up for a plan and will cover the use of that service for a monthly or annual subscription period as indicated plan fees are not refundable automatic renewal unless you notify contextly before the end of the applicable subscription period that you want to cancel an upgrade your upgrade subscription will automatically renew and you authorize us to collect the then applicable annual or monthly subscription fee for such pland as well as any taxes using any credit card or other payment mechanism we have on record for you plans can be canceled at any time in the settings field of your site s dashboard restricted use you may not use the service or its api to substantially replicate products or services offered by contextly if contextly believes in its sole discretion that you have violated or attempted to violate these conditions or the spirit of these terms your ability to use and access the services may be temporarily or permanently revoked with or without notice responsibility of website visitors contextly has not reviewed and cannot review all of the material including computer software posted to publications using the service and cannot therefore be responsible for that material s content use or effects by operating the service contextly does not represent or imply that it endorses the material there 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 publication may contain content that is offensive indecent or otherwise objectionable as well as content containing technical inaccuracies typographical mistakes and other errors the publication 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 contextly disclaims any responsibility for any harm resulting from the use by visitors of publications using the the service 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 service and webpages to which the publications links and that link to the publication contextly does not have any control over those external websites and webpages and is not responsible for their contents or their use by providing publications a method to link to a external websites or webpages contextly 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 contextly disclaims any responsibility for any harm resulting from your use of websites and webpages linked to by the publication copyright infringement and dmca policy as contextly 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 contextly violates your copyright you are encouraged to notify contextly in accordance with contextly s digital millennium copyright act dmca policy which requires such notices to be sent to ryan contextly com contextly will respond to all such notices including as required or appropriate by removing the infringing material or disabling contextly links to the infringing material contextly does not however promise to remove any content served with a dmca notice and reserves the right to respond disfavorably to abusive takedown requests including taking legal action against such requesters requesters should be aware that the ninth circuit considers thumbnails of copyrighted images to be covered under the fair use doctrine contextly is an engagement service for publishers including those that often use copyrighted materials in commentary or journalism or transform the materials into something original of their own as such before submitting a dmca notice it s important to consider if the manner in which the material is used falls under fair use if you are not sure whether material located on a contextly publication s site infringes your copyright or if it is subject to fair use protections you should first consider seeking legal advice please be advised that you may be liable for damages including costs and attorneys fees if you materially misrepresent that material or activity is infringing your dmca notice will be forwarded to the party that made the material available and also may be sent to third parties such as lumendatabase org in addition you are required to consider the possible fair use implications as a result of lenz v universal we reserve the right to challenge abuses of the dmca process you must include the following in a dmca notice a physical or electronic signature of the copyright owner or a person authorized to act on their behalf an identification of the copyrighted work claimed to have been infringed a description of the nature and exact location of the material that you claim to infringe your copyright in sufficient detail to permit contextly to find and positively identify that material for example we require a link to the specific blog post not just the name of the blog that contains the material and a description of which specific portion of the blog post an image a link the text etc your complaint refers to your name address telephone number and email address a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner its agent or the law and a statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed contextly will terminate a publication s access to and use of the service if under appropriate circumstances the publication is determined to be a repeat infringer of the copyrights or other intellectual property rights of contextly or others in the case of such termination contextly will have no obligation to provide a refund of any amounts previously paid to contextly intellectual property this agreement does not transfer from contextly to you any contextly or third party intellectual property and all right title and interest in and to such property will remain as between the parties solely with contextly contextly the contextly logo and all other trademarks service marks graphics and logos used in connection with the service are trademarks or registered trademarks of contextly or contextly s licensors other trademarks service marks graphics and logos used in connection with the service may be the trademarks of other third parties your use of the service grants you no right or license to reproduce or otherwise use any contextly or third party trademarks third party tracking pixels and cookies contextly reserves the right to include a third party tracking cookie and pixel via our recommendation module to collect non personally identifiable information unless a publisher has opted out in writing to contextly more information about this can be found in contextly s privacy policy attribution contextly reserves the right to display attribution links such as powered by contextly in its recommendation modules such credits may not be altered or removed except by contract this allows readers to view our privacy policy changes contextly 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 service following the posting of any changes to this agreement constitutes acceptance of those changes contextly may also in the future offer new services and or features through the service 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 contextly may terminate your access to all or any part of the service at any time with or without cause with or without notice effective immediately if you wish to terminate this agreement or your contextly account if you have one you may simply discontinue using the service or uninstall our software unless otherwise detailed in a contract with contextly 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 service is provided as is contextly 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 contextly nor its suppliers and licensors makes any warranty that the service 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 service at your own discretion and risk limitation of liability in no event will contextly 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 contextly under this agreement during the twelve 12 month period prior to the cause of action contextly 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 general representation and warranty you represent and warrant that i your use of the service will be in strict accordance with the contextly privacy policy with this agreement and with all appli...
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