THE APE IN THE CORNER OFFICE
 

UNDERSTANDING THE WORKPLACE BEAST
IN ALL OF US

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing, browsing and/or using this Web site, you acknowledge that you have read, understand, and agree to be bound to these terms of use and to comply with all applicable laws and regulations. If you do not agree to these terms of use, please do not use this Web site. Richard Conniff reserves the right, at his discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Web site following the posting of changes to these terms constitutes your acceptance of those changes.

1. Copyright Notice

Copyright 2005 by Richard Conniff, CT, U.S.A. All Rights Reserved.

Some materials delivered from this Web site may contain other proprietary notices and copyright information relating to those materials. All photographs, information, materials and other content contained on this Web site are owned by Richard Conniff and/or its contributors. This Web site contains original works of authorship that are the proprietary property of Richard Conniff and/or its contributors, and which are protected under U.S. and international copyright laws. It is prohibited to copy, reproduce, modify, display, republish, upload, post, transmit, distribute, alter, prepare any derivative works of, or otherwise use any material from this Web site, including without limitation code, software, photographs and images, without the prior express written consent of Richard Conniff.

2. Other Restrictions on Use

Permission to download one copy of the materials delivered from this Web site on any single computer for personal, home use only is hereby granted under the following conditions: (1) The above copyright notice and this permission notice must appear in all copies; (2) Any use of the materials available from this Web site must be for informational or educational purposes only and in no instance for commercial purposes; (3) No materials available from this Web site can be modified in any way, and (4) No graphics available from this Web site can be downloaded or used separate from the accompanying text; (5) No materials may be downloaded to a database that can be used to avoid future downloads from the Web site.

Any unauthorized use of the materials contained on this Web site may violate copyright laws, trademark laws, communications regulations and statutes, and the laws of privacy. Nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or right under any trademark, copyright, or other intellectual property right of Richard Conniff. Richard Conniff neither warrants nor represents that the use of materials contained on this Web site will not infringe the rights of third parties. Except as expressly granted above, all rights are expressly reserved to Richard Conniff.

3. Links to the site

As a general practice, Richard Conniff does not object to links made to Web sites owned or operated by Richard Conniff from other sites. There are certain terms and conditions that should be followed.

a. A link to a Richard Conniff Web site is permissible using the plain text name of Richard Conniff's site, the plain text name of Richard Conniff or the plain text name of The Ape in the Corner Office. Unless Richard Conniff enters into a specific written agreement with the party wishing to link, use of any of Richard Conniff's names, logos, designs, images, photographs, slogans, product trademarks, or service marks in or with the party's links is not permissible.

b. Richard Conniff is prohibited from endorsing the products, services, or viewpoints of any company or organization. Therefore, a link to Richard Conniff's Web site may not be presented in any way that suggests Richard Conniff has a relationship or affiliation with the party's site or endorses, sponsors, or recommends the information, products or services on that site. Without the prior express written permission for a particular use from Richard Conniff, none of Richard Conniff's names, logos, designs, images, photographs, slogans, product trademarks, or service marks should be used in any advertising, publicity, promotion, or in any other commercial manner.

c. Due to frequent content updates, Richard Conniff recommends that the link be only to the home page of theapeinthecorneroffice.com. Without Richard Conniff's express written permission for a particular use, no content from this Web site should be incorporated into the party's site, e.g., by in-lining or framing. In addition, none of Richard Conniff's logos, designs, images, photographs, slogans, product trademark or service marks, or any other words or codes identifying Richard Conniff's Web sites should be used in any META tag or other information used by search engines or other information location tools to identify and select sites.

d. Any questions, requests, or comments should be addressed to rconniff@theapeinthecorneroffice.com.

4. Submissions

A long-standing policy of Richard Conniff does not allow him to accept or consider creative ideas, suggestions, or materials other than those specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Richard Conniff's professional staff might seem to others to be similar to their own creative work. Richard Conniff requests that parties not submit any unsolicited original materials such as stories or ideas, screenplays, or original artwork, or any other creative ideas, suggestions, or materials (unless specifically requested by Richard Conniff).

If, at the request of Richard Conniff, a party sends certain specific submissions or, despite the request of Richard Conniff, a party sends any creative ideas, suggestions, or materials, including, but not limited to, notes, photos, drawings, concepts, comments, questions or answers, techniques, know-how, or other information, these submissions are, and will be treated as, non-confidential and non-proprietary. Richard Conniff will not be liable for any use or disclosure of any submissions.

5. Content Submitted by Third Parties

Any party who posts or submits information to this Web site agrees not to post any material which is bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, a violation of any copyright or trademark rights, invasive of privacy rights, or a violation of the rights of any party, and further agrees not to represent himself or herself as someone else.

Richard Conniff does not permit any commercial postings, advertising or soliciting, posting of viruses, or off theme postings.

Richard Conniff is under no obligation to monitor the information residing on or transmitted to this Web site; however, any party who posts information to this Web site agrees that Richard Conniff may take appropriate action in order to prevent the violation of the rights of Richard Conniff or of other parties, in order to comply with any law, regulation or other governmental request, or in order to operate this Web site properly or to protect itself or others. Richard Conniff reserves the right to modify, reject, or eliminate any information residing on or transmitted to this Web site that, in his sole discretion, he believes is unacceptable or in violation of these terms and conditions. Any party who posts information to this Web site remains solely responsible for the content of their postings.

The use, distribution, or publication of any materials posted or submitted by third parties does not constitute or imply an endorsement of those materials or of any opinions or comments in those materials. Richard Conniff disclaims all responsibility for any bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, or copyright or trademark infringing material, or material that is invasive of privacy rights or a violation of the rights of any party, posted to this Web site by any third party.

Any party who posts or submits information to this Web site represents that it is the sole owner of all rights in materials submitted by it (including all related copyrights) or that it has the absolute right to license their use as provided in this section. While the submitting party will retain ownership of the copyright in the materials it submits, the submitting party agrees that all of the materials it submits shall become part of a database, and that Richard Conniff will own the compilation copyright in that database. The submitting party hereby grants Richard Conniff a perpetual, worldwide, irrevocable, non-exclusive license to use, reproduce, adapt, modify, publish, translate, publicly perform, publicly display, and distribute its submission, any portion of its submission, and any derivative works created from its submission, in any form, media or technology, by any means now known or developed in the future, and for any purpose whatsoever. Richard Conniff may sublicense all of its rights and licenses or assign them to third parties.

Neither Richard Conniff nor any third party using the submission in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the submission. Richard Conniff shall have no duty to attribute authorship of the submission to the submitting party. Richard Conniff shall not be obligated to enforce any form of attribution by third parties.

6. eCard Acceptable Use Policy

Richard Conniff has adopted the following eCard Acceptable Use Policy in order to assure that his eCards are used in a lawful and appropriate manner. While Richard Conniff does not ordinarily monitor the content of users' eCards, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:

• sending harassing, abusive, or threatening messages;

• sending obscene or pornographic messages or images;

• sending defamatory or libelous messages;

• sending viruses or other harmful, disruptive, or destructive files;

• attempting to steal passwords or credit card information;

• sending messages in furtherance of unlawful, criminal, or fraudulent activity; or

• attempting to conceal or misrepresent the identity of the sender.

7. Spam

You may not use this Site to send online eCards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the materials is strictly prohibited. Richard Conniff reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the site and/or the number of recipients to which you send such cards or messages.

You are solely responsible for your actions and communications undertaken or transmitted using this site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms of Use.

8. International Use

Neither Richard Conniff nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

9. Information Warranty Disclaimer

All materials and related graphics provided by this Web site and any other materials which are referenced by or linked to this Web site are provided "as is" without warranty of any kind, either express or implied. To the maximum extent permitted by law, Richard Conniff hereby disclaims all warranties and conditions with regard to any materials provided by this Web site or any other materials which are referenced by or linked to this Web site, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Richard Conniff makes no representations about the suitability of the information delivered from this Web site or any other materials that are referenced by or linked to this Web site for any purpose. Richard Conniff does not warrant the accuracy, quality, reliability, content, or legality of any materials provided by this Web site or any other materials which are referenced by or linked to this Web site. Richard Conniff assumes no responsibility for errors or omissions in the materials provided by this Web site or any other materials which are referenced by or linked to this Web site.

Richard Conniff does not warrant that the functional aspects of this Web site will be error free or uninterrupted, that defects will be corrected, or that this Web site or the server that makes it available are free of viruses or other harmful components. The placement of any link on this Web site does not imply endorsement by Richard Conniff of the linked site or the information, material, products, or services contained on the linked site or accessible through the linked site. Any party who links to any other sites or to any off-site pages does so at his or her own risk.

Some jurisdictions may not permit the exclusion of certain warranties or certain limitations of liability; therefore, some of the above exclusions and limitations may not apply. In those jurisdictions, the liability of Richard Conniff shall be limited to the maximum extent allowed by law.

Richard Conniff may update or make changes to the materials provided by this Web site at any time without notice; however, Richard Conniff makes no commitment to update the information contained herein.

10. Limitation of Liability

In no event, including but not limited to negligence, shall Richard Conniff be liable under any theory of tort, contract, strict liability, or other legal or equitable theory for any special, indirect, incidental, consequential, exemplary, or punitive damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials provided by this Web site or in any other materials which are referenced by or linked to this Web site, even if Richard Conniff or an authorized representative of Richard Conniff has advised the user of the possibility of damages.

11. Indemnification

Any party who uses this Web site hereby indemnifies, defends and holds Richard Conniff and its affiliates, officers, directors, agents, information providers, licensors and licensees harmless from and against any and all claims, actions, liabilities, losses, damages, costs or expenses (including reasonable attorneys fees), whether direct or indirect, by contract, in tort, by operation of law or otherwise, incurred by or asserted or awarded against Richard Conniff or its affiliates, officers, directors, agents, information providers, licensors and licensees in connection with any claim arising out of any breach by any party of these terms and conditions or claims arising from the account of any party.

All parties shall use their best efforts to cooperate with Richard Conniff in the defense of any claim. Richard Conniff reserves the right, at Richard Conniff's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any party.

12. General Information

General Notice. Richard Conniff may give notice by means of a general notice on any Richard Conniff Web site, electronic mail to a party's e-mail address on our records, or by written communication sent by first class mail to a party's address on Richard Conniff's records.

Entire Agreement. This agreement constitute the entire agreement between you and Richard Conniff and govern your use of this Web site, superseding any prior agreements between you and  Richard Conniff on this matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Richard Conniff services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. This agreement and the relationship between you and Richard Conniff shall be governed by the laws of the State of Connecticut (USA) without regard to its conflict of law provisions. You and Richard Conniff agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New London, Connecticut, USA.

Waiver and Severability of Terms. The failure of Richard Conniff to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Web site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last Revised: June 2005

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