The following Terms of Use (“Terms”) governs your use of The Noisecast (“Site”) and any associated content, including, but no limited to, email, comments and RSS feeds. Please read these Terms carefully before accessing any of the Site content or before submitting content in any form for consideration, use, and publication by the Site. By using the Site or by submitting said content to the Site will constitute your agreement to comply with the rules set in these Terms. If you do not agree with any of these rules, please do not use the Site. In addition to these Terms, please carefully read our Privacy Policy at http://www.thenoisecast.com/privacy-policy.

1. Use of Content

The original material created by The Noisecast is licensed under a Creative Commons License permitting non-commercial sharing with attribution and is available for non-commercial reproduction with credit to the source site. This license allows for anyone to do the following with original Site content in any form:

a. To reproduce, remix, or otherwise alter original Site material so long as the logo is displayed and credit is given. This includes, specifically, permission:

i. to reproduce quotes.
ii. to reproduce screenshots of any page of the Site.
iii. to include original Site material in mash-ups, mixes, parodies, caricatures, etc… for movies, TV, print, or online.

Please Note: This does not include the right to republish images from the Site, for which the Site may not be the copyright holder, except in the context of a screenshot of the whole site. The Site makes no representations or guarantees about the suitability for third-party use of content that appears on the Site, and licenses herewith only the content of which the Site is the copyright holder.

2. Comments

The comments sections on The Noisecast are accessible to users via the Disqus commenting platform. Certain additional usage and privacy terms that pertain to Disqus may exist and it is your responsibility to review those policies on the Disqus website at www.disqus.com. The comment system is designed to allow the user to be completely anonymous if the user so chooses. The Site will not be held responsible for any content or information posted in the comments. The following commenting guidelines have been established by the Site and are required to be adhered to by all users:

a. Do post:

i. with common sense.
ii. content that promotes conversation in a positive manner.
iii. insightful, funny, witty, or otherwise inoffensive material.
iv. anything that doesn’t breach any of the points brought up in the following section.

b. Do not post:

i. threatening, harassing, defamatory, libelous, or trolling material or content.
ii. intentionally false or misleading statements or claims.
iii. solicitations or participate in any form of commerce, barter, or exchange.
iv. any content or material that infringes copyright or any other intellectual property interest.
v. sensitive, confidential or illegal information that you know is of such nature.
vi. comments that are irrelevant to the particular page on the Site where the comment is being posted.

The Noisecast does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the blog or otherwise contained in the Site.  Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of the Site or its third party service providers. You agree that the Site and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms.

3. Termination or Suspension of Site or Your Use

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Site shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to the Site for any or no reason without notice, and to take any other actions that the Site, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

4. Revisions and Errata

The materials appearing on the Site could include technical, typographical, photographic, or other errors. The Site does not warrant that any of the materials on its web site are accurate, complete, or current. The Site may make changes to the materials contained on its web site at any time without notice. The Site does not, however, make any commitment to update the materials.

5. Correspondence with The Noisecast

Any correspondence with the Site or submission of any content to the Site, including but not limited to emails, text message, phone calls, comments, documents or images, is considered property of The Noisecast. The Site reserves the right to reproduce such content, in whole or in part, on the Site or its affiliates, and to use it in any way the Site chooses, including allowing third parties to republish the material. In submitting something to the Site, you are representing that the content is yours to give to the Site, does not infringe on any third party’s rights (copyright, trademark, privacy rights and the like), and is not libelous or unlawful in any other way. The Noisecast will respect and protect anonymous sources as tipsters.

6. Links and Advertisers

The Site may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that the Site endorses or holds the opinions of these third party sites or services. You acknowledge and agree that the Site is not responsible or liable for any content or other materials on these third party sites. Any dealings that you have with advertisers found on the Site are between you and the advertiser and you acknowledge and agree that we are not liable for any loss you may have against an advertiser.

7. Disclaimers

a. YOU ACKNOWLEDGE THAT THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND YOU ARE USING THE SITE AT YOUR OWN RISK. THE NOISECAST, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE SITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

b. THE SITE PUBLISHES BOTH RUMORS AND CONJECTURE IN ADDITION TO ACCURATELY REPORTED INFORMATION. INFORMATION ON THE SITES MAY CONTAIN ERRORS OR INACCURACIES; THE SITES’ PROPRIETORS DO NOT MAKE ANY WARRANTY AS TO THE CORRECTNESS OR RELIABILITY OF THE SITES’ CONTENT. LINKS TO CONTENT ON AND QUOTATION OF MATERIAL FROM OTHER SITES ARE NOT THE RESPONSIBILITY OF THE NOISECAST.

8. Limitations

a. THE NOISECAST, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

b. YOU HEREBY AGREE TO RELEASE THE NOISECAST, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

9. Indemnification

You agree to indemnify and hold harmless the Site and its affiliates, employees, agents, representatives and third party service providers, from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from your submissions, from your unauthorized use of material obtained through the Site, from your breach of these Terms, or from any such acts through your use of the Site. The Site reserves the right to take over the exclusive defense of any claim for which the Site is entitled to indemnification under this Section. In such event, you shall provide the Site with such cooperation as is reasonably requested by the Site.

10. Additional Rules

a. The Noisecast reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site. Such additional rules will be posted in the relevant parts of the Site. Your continued use of the Site constitutes your agreement to comply with these additional rules.

b. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.

c. Other than connecting to the Site’s servers by http requests using a Web browser, you may not attempt to gain access to the Site’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.

11. Changes to the Terms of Use

The Site may change these Terms at any time. You can review the most current version of these terms by clicking on the “Terms of Use” hypertext link located at the bottom of the Site’s web pages. You are responsible for checking these terms periodically for changes. If you continue to use the Site after changes are posted to these Terms, you are signifying your acceptance of the new terms.

12. Governing Law

The Noisecast makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by the laws of the State of Illinois, applicable to agreements made and to be performed therein without regard to conflict of laws principles.