Community Guidelines & User Content
(A) Interactive Areas. AllstateRiderNews.com may contain comments sections, discussion forums,
bulletin boards, or other interactive features ("Interactive Areas") in which you
may post or upload comments or user-generated content such as video, photos, messages,
other materials or items (collectively, "User Content"). You are solely responsible
for your use of any Interactive Areas and you use them at your own risk. By submitting
User Content to an Interactive Area, you represent that you are 18 years of age
or older and fulfill the obligations set forth in these Terms of Service, which
forms a binding contract between you and Allstate.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive
Area within or in connection with AllstateRiderNews.com, you agree to abide by the
following rules of conduct:
- You agree not to upload, post or otherwise transmit any User Content that violates
or infringes in any way upon the rights of others, including any statements which
may defame, harass, stalk or threaten others;
- You agree not to upload, post or otherwise transmit any User Content that is offensive
to the online community, including blatant expressions of bigotry, racism, abusiveness,
vulgarity or profanity.
- You agree not to upload, post or otherwise transmit any material that contains or
advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
- You agree not to upload, post or otherwise transmit any User Content that violates
any law or engage in activity that would constitute a criminal offense or give rise
to a civil liability;
- You agree not to upload, post or otherwise transmit any User Content that advocates
or provides instruction on illegal activity or discuss illegal activities with the
intent to commit them;
- You agree not to upload, post or otherwise transmit, without Allstate's express
prior approval, User Content which contains advertising or any solicitation with
respect to products or services;
- You agree not to upload, post or otherwise transmit User Content that does not generally
pertain to the designated topic or theme of any Interactive Area;
- You agree not to impersonate any person or entity, including, but not limited to,
any Allstate employee, or falsely state or otherwise misrepresent your affiliation
with any person or entity;
- You agree not to interfere with any other user's right to privacy, including by
harvesting or collecting personally-identifiable information about AllstateRiderNews.com
users or posting private information about a third party;
- You agree not to upload, post or otherwise transmit any User Content, software or
other materials which contain a virus or other harmful or disruptive component;
- You agree not to interfere with or disrupt AllstateRiderNews.com or the servers or networks
connected to the Site, or disobey any requirements, procedures, policies or regulations
of networks connected to the Site;
- You agree not to upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purpose, any portion of AllstateRiderNews.com, use of AllstateRiderNews.com, or access to AllstateRiderNews.com;
- You agree not to upload, post, or otherwise transmit any User Content protected
by copyright, trademark, trade secret, right of publicity or other proprietary right
without the express permission of the owner of such copyright, trademark, trade
secret, right of publicity or other proprietary right. The burden of determining
that any User Content is not protected by copyright, trademark, trade secret, right
of publicity or other proprietary right rests with you. You shall be solely liable
for any damage resulting from any infringement of copyrights, trademarks, trade
secrets, rights of publicity or other proprietary rights or any other harm resulting
from such a submission. Any person determined by Allstate, in its sole discretion,
to have violated the intellectual property or other rights of others shall be barred
from submitting or posting any further material on AllstateRiderNews.com;
- You agree that any person who appears in your submission who is a current member
of the Screen Actors Guild (SAG), the American Federation of Television and Radio
Actors (AFTRA) or any other rights society is not entitled to compensation by Allstate
or Aspen Marketing.
- You agree that if you are compensated for making posts by any third party and/or
you are an employee of either Allstate, Aspen or other entity doing business with
Allstate, you will disclose the fact that you are being compensated and/or have
a relationship with Allstate, Aspen or other entity doing business with Allstate.
- You agree that User Content cannot contain materials embodying the names, likenesses,
photographs, or other indicia indentifying any person, living or dead, without permission,
and in no event any person under the age of 18.
- You agree not to upload, post or otherwise transmit personal information about yourself
or others, such as phone numbers, email addresses, home addresses, etc.
Any conduct that in Allstate's sole discretion restricts or inhibits anyone else
from using or enjoying AllstateRiderNews.com will not be permitted. Allstate reserves the
right in its sole discretion to remove or edit User Content by you and to terminate
your Account for any reason. Allstate is not responsible for User Content submitted
to AllstateRiderNews.com or posted in comments sections, chat rooms, on bulletin boards
or on other Interactive Areas by users of AllstateRiderNews.com.
(C) Monitoring. Allstate shall have the right, but not the obligation, to monitor
User Content posted or uploaded to AllstateRiderNews.com to determine compliance with these
Terms of Service and any operating rules established by Allstate and to satisfy
any law, regulation or authorized government request.
Although Allstate has no obligation to monitor, screen, edit or remove any of the
User Content posted or uploaded to AllstateRiderNews.com, Allstate reserves the right, and
has absolute discretion, to screen, edit, refuse to post or remove without notice
any User Content posted or uploaded to AllstateRiderNews.com at any time and for any reason,
and you are solely responsible for creating backup copies of and replacing any User
Content posted to the Site at your sole cost and expense.
(D) License to User Content. By submitting User Content to AllstateRiderNews.com, you automatically
grant Allstate, the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, publish, reproduce, modify, adapt, edit, translate, create derivative
works from, incorporate into other works, distribute, sub-license and otherwise
exploit such User Content (in whole or in part) worldwide in any form, media or
technology now known or hereafter developed for the full term of any copyright that
may exist in such User Content. You warrant that such User Content is accurate and
not misleading, and that use and posting or other transmission of such User Content
does not violate these Terms of Service and will not violate any rights of or cause
injury to any person or entity. You further grant Allstate the right to pursue at
law any person or entity that violates your or Allstate's rights in the User Content
by a breach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moral rights (including rights
of attribution or integrity) in the User Content, you hereby declare that (a) you
do not require that any personally identifying information be used in connection
with the User Content, or any derivative works of or upgrades or updates thereto;
(b) you have no objection to the publication, use, modification, deletion and exploitation
of the User Content by Allstate or its licensees, successors and assigns; (c) you
forever waive and agree not to claim or assert any entitlement to any and all moral
rights of an author in any of the User Content; and (d) you forever release Allstate,
and its licensees, successors and assigns, from any claims that you could otherwise
assert against Allstate by virtue of any such moral rights. You also permit any
other user to access, view, store or reproduce the User Content for that user's
personal use.
Third Party Content
Allstate is a distributor (and not a publisher) of content supplied by third parties
and users. Any opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including information providers
or users of AllstateRiderNews.com, are those of the respective author(s) and not of Allstate.
Neither Allstate nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness for
any particular purpose.
In many instances, the content available through AllstateRiderNews.com represents the opinions
and judgments of the respective user or information provider not under contract
with Allstate. Allstate neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on AllstateRiderNews.com by any third
party. Under no circumstances will Allstate be liable for any loss or damage caused
by your use or reliance on information obtained through AllstateRiderNews.com. Allstate
is not responsible for any actions or inaction on your part based on the information
that is presented on AllstateRiderNews.com. It is your responsibility to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content
available through AllstateRiderNews.com. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or other content.
It is our policy to honor all takedown requests that comply with the requirements
of the Digital Millennium Copyright Act (DMCA) and other applicable intellectual
property laws.
The following outlines the policy Allstate has introduced in order to implement
notice and takedown as required by DMCA. This policy guides copyright owners interested
in utilizing this procedure, as well as service users interested in restoring access
to material mistakenly taken down.
How to File an Infringement Complaint
To file a claim of infringement please provide us with a document via fax, regular
mail, or email that includes the following items:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list of
all such works.
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to locate the
material.
- Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate and, under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Name and Physical Address of Takedown Agent:
Caitlin Weingartner
Aspen Marketing Services, Inc.
1240 North Avenue
West Chicago, IL 60185
Fax number (630) 562-9645
cweingartner@aspenms.com
Notice and Takedown Procedure
Allstate will follow the procedures provided in the DCMA to properly enforce rights
of copyright holders. When Allstate becomes aware that copyright rights are infringed
(typically after receipt of a valid takedown notice), it will remove or disable
access to infringing materials as soon as possible.
If users submitting or downloading materials believe that their use of materials
was lawful, they have the right of sending a Proper Counter-notification in order
to restore access to these materials. Allstate will comply with the appropriate
provisions of the DMCA in the event a counter notification is received by its Designated
Agent.
Allstate reserves the right to vary or amend these Terms and Use at any time without
notice. Users should review these Terms of Use regularly as Users will be deemed
to have accepted a variation in continuing to use the site after it has been posted.