Comment Submission Overview
On some areas of Third Hour you may provide your own content and comments. Content submissions are intended to be publicly available and viewable by others.
We recommend that you use caution when providing content intended to be viewed publicly and that you avoid posting information that could cause harm or injury, or risk of harm or injury, to yourself or others.
All types of content submissions you provide will be stored on our systems. While industry standards are used to safeguard all information included with your submissions from unauthorized access, disclosure, or modification, we cannot guarantee complete privacy and we may, in some instances, choose or be legally required to disclose such information to third parties.
Though we are under no obligation to monitor your content submissions, we reserve the right to do so at our sole discretion. We also reserve the right to block or remove any content we deem inappropriate, obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, torturous, illegal, threatening, or otherwise objectionable, regardless of whether it was intended to be private or public. Since we do not review all content submitted through every feature on the site, we cannot guarantee that we will be able to take protective measures in the event you provide content disclosing information about a person who is a victim of harm or abuse or is at risk of becoming a victim of harm or abuse.
When we become aware of content that we consider offensive or that could compromise the privacy of your personal or confidential information or that of another person, we will make a good-faith effort to block or remove such content.
Comment Submission Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE “COMMENTS” SUBMISSION SERVICE AT THE Third Hour WEBSITE.
BY CLICKING THE “PUBLISH” BOX FOR YOUR COMMENT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ABIDE BY ALL OF THE RULES AND POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT YOUR COMMENT TO THE Third Hour WEBSITE.
1. Third Hour has the right, but not the obligation, to take any of the following actions, at Third Hour’s sole unfettered discretion, at any time, and for any reason or no reason, without providing any prior notice:
a. Restrict, suspend or terminate your ability to submit “Comments,” or any other content, to the Site;
b. Change, suspend or modify all or any part of the Site or the features thereof;
c. Refuse or remove any material posted on, submitted to or communicated through the Site by you;
d. Deactivate or delete any screen names, profiles or other information associated with you; or
e. Alter, modify, discontinue or remove any content of the Site.
2. You agree that, when using or accessing the Site or any of the features thereof, you will not:
a. Violate any applicable law or regulation;
b. Interfere with or damage the Site;
c. Transmit or introduce to the Site or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
d. Infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
e. Transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;
f. Transmit or submit any unsolicited advertising, promotional materials, or spam;
g. Stalk or harass any user or visitor to the Site; or
h. Use the content or information available on the Site for any improper purpose.
3. By submitting a “Comment” to Third Hour, you agree that Third Hour becomes the owner of all photos, text, and other content or information submitted by you and may use the material or commentary that you have submitted, in any medium and in any manner that Third Hour may, in its sole unfettered discretion, choose. Third Hour may make use of the submitted photos, text, and other content or information in any and all media—whether now known or hereinafter created—throughout the world and for any purpose, without compensation to you of any kind.
4. By submitting a “Comment” to Third Hour, you agree to comply with the following rules concerning such submissions:
a. You agree not to include in your “Comment”:
i) Any false, defamatory, libelous, abusive, threatening, racially offensive, sexually explicit, obscene, harmful, vulgar, hateful, illegal, or otherwise objectionable content;
ii) Any content that may be harassing of any other Site contributors or other third parties;
iii) Any content that personally attacks an individual whose identity can be easily learned from what you post (An example of a personal attack is posting negative comments about an individual in a way meant to demean that person. Note that posting your opinion about someone’s ideas or actions is not a personal attack);
iv) Any content that discloses private or personal matters concerning any person;
v) Any content that you know to be false, misleading, or fraudulent;
vi) Any content that violates the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;
vii) Any use of profanity or any language deemed offensive by Third Hour management;
viii) Any content including advertisements or otherwise focused on the promotion of commercial events or businesses, or any request for or solicitation of money, goods, or services for private gain;
ix) Any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
x) Any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
xi) Any content directly or indirectly soliciting responses from minors (defined as anyone under 18 years of age).
b. You assert that the information, pictures, music and other files you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. If any part of the “Comment” is not your original work, it is your responsibility to obtain permission from the copyright owner before making that “Comment” available on Third Hour.
c. You are solely responsible for “Comment” you upload, post, transmit or otherwise make available to others using this website. Under no circumstances will Third Hour be liable in any way for any “Comment” posted on or made available through this Site by you or any third party.
d. You understand that Third Hour does not generally pre-screen “Comments” posted on or available through the website by individual authors, and that it has no obligation to do so. Third Hour and its designees have the right (but not the obligation) in their sole unfettered discretion to remove any “Comment” that is posted on or available through the Site. Without limiting the foregoing, Third Hour and its designees will have the right to remove any “Comment” that violates these Terms or is otherwise deemed objectionable by Third Hour in its sole discretion.
5. When submitting a “Comment,” you will be asked to provide your name and your email address. While Third Hour does not object to your use of a pseudonym instead of your actual name, Third Hour reserves the right, but not the obligation, to reject, change, disallow, or discontinue at any time any submission name that, in Third Hour’s sole unfettered discretion, is objectionable or inappropriate for any reason. Third Hour requires the submission of your email address, but Third Hour warrants that it will not intentionally publish your email address to an outside third party, apart from Third Hour’s own affiliates or subcontractors, without your consent.
6. Third Hour does not sell or rent your personal information to third parties for their marketing purposes without your consent. Periodically, Third Hour or its affiliates may contact you via email concerning the promotion of their products or services on Third Hour. Notwithstanding the foregoing, you acknowledge and understand that the “Comments” feature of the Third Hour is designed to permit users to post information and commentary for public review and comment and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to Third Hour by you.
7. You are solely responsible for your interactions with other users of or visitors to Third Hour.
a. Third Hour shall have the right, but not the obligation, to monitor interactions utilizing the facilities of Third Hour, including any email functionality thereof, between you and other users of or visitors to Third Hour or any third parties. You acknowledge and agree that Third Hour, its affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to Third Hour.
b. Third Hour does not verify any information posted to or communicated via the “Comments” sections of Third Hour by users and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that Third Hour does not assume, and shall not have, any responsibility for the content of messages or other communications sent or received by users of Third Hour.
Content Contribution Policy
- All photos, text, and other content or information submitted by you to Third Hour shall become the property of Third Hour, and Third Hour shall have no obligation to preserve, return, or otherwise make available to you or other people any photos or information so submitted.
- You understand that because Third Hour becomes the owner of all photos, text, and other content or information submitted by you, Third Hour and its officers, directors, employees, successors, and assigns may use, reproduce, edit, display, transmit, modify, publish, prepare derivative works of, and otherwise make use of the submitted photos, text, and other content or information in any and all media—whether now known or hereinafter created—throughout the world and for any purpose, without compensation to you of any kind.
- By submitting any photo, text, or other content or information to Third Hour, you hereby represent and warrant that the submitted photo, text, or other content or information does not infringe on any copyright or trademark, any rights of privacy or publicity of any person, or any other right of any third party. You hereby represent and warrant that you have the right to transfer the photo, text, or other content or information to Third Hour free and clear of any claims or encumbrances.
- You acknowledge and agree that Third Hour shall have no obligation to post, display, or otherwise make publicly available any photo, text, or content or other information submitted by you.
- You further understand and intend that any photo, text, and other content or information submitted by you to Third Hour may be available for viewing, rating, reviewing, and commenting by the public. You understand that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with any photo, text, or other content or information that you submit to Third Hour. By submitting any photo, text, or other content or information to Third Hour, you hereby waive any privacy expectations that you may have with respect to any such photo, text, or other content or information submitted by you to Third Hour.
- You hereby agree to hold Third Hour and its officers, directors, employees, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with Third Hour’s use of the photos, text, or other content or information submitted by you to Third Hour and used in any manner in Third Hour’s sole and absolute discretion.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 Website or use any services. If these terms and conditions are considered an offer by Third Hour, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Third Hour Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Third Hour may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Third Hour liability. You must immediately notify Third Hour of any unauthorized uses of your blog, your account or any other breaches of security. Third Hour 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 operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. 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 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 is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog 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 blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’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 Third Hour or otherwise.
By submitting Content to Third Hour for inclusion on your Website, you grant Third Hour a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Third Hour will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Third Hour has the right (though not the obligation) to, in Third Hour’s sole discretion (i) refuse or remove any content that, in Third Hour’s reasonable opinion, violates any Third Hour policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Third Hour’s sole discretion. Third Hour will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Third Hour has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Third Hour 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 Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Third Hour disclaims any responsibility for any harm resulting from the use by visitors of the Website, 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 websites and webpages to which Third Hour links, and that link to Third Hour. Third Hour does not have any control over those non-Third Hour websites and webpages, and is not responsible for their contents or their use. By linking to a non-Third Hour website or webpage, Third Hour 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. Third Hour disclaims any responsibility for any harm resulting from your use of non-Third Hour websites and webpages.
- Copyright Infringement and DMCA Policy. As Third Hour 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 Third Hour violates your copyright, you are encouraged to notify Third Hour in accordance with Third Hour’s Digital Millennium Copyright Act (“DMCA”) Policy. Third Hour will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Third Hour will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Third Hour or others. In the case of such termination, Third Hour will have no obligation to provide a refund of any amounts previously paid to Third Hour.
- Intellectual Property. This Agreement does not transfer from Third Hour to you any Third Hour or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Third Hour. Third Hour, Third Hour, the Third Hour logo, and all other trademarks, service marks, graphics and logos used in connection with Third Hour, or the Website are trademarks or registered trademarks of Third Hour or Third Hour’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Third Hour or third-party trademarks.
- Advertisements. Third Hour reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Third Hour reserves the right to display attribution links such as ‘Blog at Third Hour,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Third Hour 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Third Hour 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.
- Termination. Third Hour may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Third Hour account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Third Hour if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Third Hour’s notice to you thereof; provided that, Third Hour can terminate the Website immediately as part of a general shut down of our service. 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 Website is provided “as is”. Third Hour 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 Third Hour nor its suppliers and licensors, makes any warranty that the Website 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 Website at your own discretion and risk.
- Limitation of Liability. In no event will Third Hour, 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. Third Hour 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.
- Indemnification. You agree to indemnify and hold harmless Third Hour, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Third Hour and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Third Hour, or by the posting by Third Hour of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Orem, Utah, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orem, Utah. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orem, Utah, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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; Third Hour 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.
Third Hour (“Third Hour“) operates Third Hour and may operate other websites. It is Third Hour’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Third Hour collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Third Hour’s purpose in collecting non-personally identifying information is to better understand how Third Hour’s visitors use its website. From time to time, Third Hour may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Third Hour also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Third Hour blogs/sites. Third Hour only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Third Hour’s websites choose to interact with Third Hour in ways that require Third Hour to gather personally-identifying information. The amount and type of information that Third Hour gathers depends on the nature of the interaction. For example, we ask visitors who sign up at Third Hour to provide a username and email address. Those who engage in transactions with Third Hour are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Third Hour collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Third Hour. Third Hour does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Third Hour may collect statistics about the behavior of visitors to its websites. Third Hour may display this information publicly or provide it to others. However, Third Hour does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Third Hour discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Third Hour’s behalf or to provide services available at Third Hour’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Third Hour’s websites, you consent to the transfer of such information to them. Third Hour will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Third Hour discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Third Hour believes in good faith that disclosure is reasonably necessary to protect the property or rights of Third Hour, third parties or the public at large. If you are a registered user of an Third Hour website and have supplied your email address, Third Hour may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Third Hour and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Third Hour takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Third Hour, or substantially all of its assets, were acquired, or in the unlikely event that Third Hour goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Third Hour may continue to use your personal information as set forth in this policy.