Introduction to Terms and Conditions
These terms and conditions apply between all Users of this Website (including but not limited to Subscribers), and Double Blinde, LLC, the owner(s) of this Website.
Your use of the Website and associated products and services, regardless of media, is subject to the terms, conditions, and disclaimers set forth below and to all applicable laws and regulations.
Double Blinde, LLC also reserves the right to terminate access to the Website for any reason, and to take any other actions that Double Blinde, LLC, in its sole discretion, believes to be in the interest of the company and some or all of its Users and customers. Double Blinde, LLC reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.
- Acceptance of Terms
1.1 This is a binding contract between Double Blinde, LLC and you. By accessing the Website, you hereby accept this agreement and are fully accepting the terms, conditions and disclaimers contained herein. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Website and/or other Double Blinde, LLC Services is subject (unless expressly stated otherwise) exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 Double Blinde, LLC reserves the right to change these terms and conditions without notice, and you agree to be bound by such changes. It is the responsibility of Users to check these terms and conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2.1 Throughout these terms and conditions, the following words will have the following definitions:
“Client” any individual or company who has purchased a service from Double Blinde, LLC, including Subscribers and purchasers of Sponsored Content.
“Content” any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
“Free Content” and/or “ICN Newsletter” is content offered by Double Blinde, LLC free of charge in consideration for agreeing to these terms and conditions and signing up for a free e-newsletter via the Website.
“Our,” “we” refers to Double Blinde, LLC, owner of the Website.
“Sponsored Content” is content produced by a Client or by Double Blinde, LLC on behalf of a Client which is posted and hosted as a special feature in the “IC Insider” section of the Website.
“Services,” collectively or individually, as appropriate, refers to any product or service provided by Double Blinde, LLC including but not limited to any services listed on the Website and Sponsored Content.
“Subscriber” means the individual or company that purchases an annual subscription to the Intelligence Community News Website and/or Double Blinde, LLC content.
“Subscription” means annually paid access to content on the Website by any User(s).
“User”, “Users”, “you” means any and all persons who access the Website and services provided by Double Blinde, LLC, including but not limited to Subscribers.
“User Submissions” means any content placed on the Website, including images, text, video, comments, letters to the editor, emails and other data, by Users unaffiliated with Double Blinde, LLC. User Submissions may be approved prior to posting by Double Blinde, LLC, such as Sponsored Content, or may be posted on the Website without prior Double Blinde, LLC approval (e.g. User comments).
“Website” means the Intelligence Community News website owned by Double Blinde, LLC with the url: http://www.intelligencecommunitynews.com and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
2.2 In these Terms and Conditions, unless the context requires a different interpretation:
2.2.1. The singular includes the plural and vice versa.
2.2.2. References to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions.
2.2.3. A reference to a person includes firms, companies, government entities, trusts and partnerships.
2.2.4. ‘Including’ is understood to mean ‘including without limitation.’
- Free Content and Subscriptions
3.1 Users may access a limited amount of Free Content on the Website and may elect to receive the daily ICN Newsletter e-newsletter by email by signing up via the Website.
3.2 Double Blinde, LLC reserves the right to limit and/or eliminate User access to Free Content, without notice and at our sole discretion.
3.3 Users become Subscribers to the Website and generate a Website account by purchasing a subscription. To subscribe, you must choose the appropriate subscription option (Individual or Enterprise) on the pop-up paywall and enter your email address and payment information. You will receive an auto-generated receipt from our subscription management service. You will also receive an auto-generated email with a temporary password. You will log in with your email and password, and then you will be prompted to change the temporary password to a password of your choice. To log in, click the “Log In” button at the top of the Website or click the login button on the pop-up paywall.
3.4. The fees for subscriptions and/or other services associated with the Website are set out on the Website or are available from Double Blinde, LLC. All fees must be paid in advance, in cleared funds. Double Blinde, LLC reserves the right to change fees for subscriptions and/or other services at any time, but any changes will not affect fees for services that have been previously paid.
3.5 You may not allow any other person to use their account to access the Website. Furthermore, you must notify Double Blinde, LLC in writing immediately if you become aware of any unauthorized use of your account(s).
3.6 You may not use any other Subscriber’s account to access the Website.
3.7 Subscribers must keep their chosen password confidential and are responsible for any activity on the Website arising out of any failure to keep their password confidential and may be held liable for any losses arising out of such a failure.
3.8 At the end of any period of subscription for which you have paid, and subject to the other provisions of the Terms and Conditions, your subscription will be automatically renewed and you must pay Double Blinde, LLC the applicable subscription fees, unless you cancel the subscription using the “My Account” page on the Website or by contacting Double Blinde, LLC.
3.9 Subscribers may cancel their Subscriptions using the “My Account” page on the Website or by contacting Double Blinde, LLC. Subscribers will not be entitled to a refund, prorated or otherwise, for canceling their subscriptions unless explicitly set forth in the Terms and Conditions.
3.10 Double Blinde, LLC may edit Subscriber account details, temporarily suspend Subscriber accounts and/or cancel Subscriber accounts at any time in our sole discretion, providing that if Double Blinde, LLC cancels without cause any Subscription prior to its annual expiration, those Subscribers may be entitled to a refund of any amounts paid to Double Blinde, LLC for those services that were to be provided after the date of such cancellation. Double Blinde, LLC will provide reasonable written notice of any such cancellation.
3.11 If you dispute a payment made to us, you must contact Double Blinde, LLC immediately and provide full details of the claim.
3.12 If you make an unjustified credit card, debit card or other charge-back, then you will be liable to pay Double Blinde, LLC the following:
3.12.1 An amount equal to the amount of the charge-back;
3.12.2 All third-party expenses incurred by us in relation to the charge back (including charges made by our or your bank, payment processor, or card issuer);
3.12.3 An administration fee of $50; and
3.12.4 All Double Blinde, LLC’s reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 4.6 (including legal fees and debt collection fees).
3.13 If you owe Double Blinde, LLC any amount under or relating to these Terms and Conditions, we may suspend or withdraw the provision of services to you.
4. Intellectual Property
4.1 Content is available via this Website in different forms, including: free content available through limited weekly access to Website content and/or the ICN Newsletter; and unlimited access to all Website content provided by an annual subscription. This list is non-exhaustive.
4.2 All Content included on the Website is the property of Double Blinde, LLC or other relevant third parties. By continuing to use the Website, Users acknowledge that such Content is protected under United States law governing copyright, trademarks, database rights and other intellectual property rights. All copyrights and trademarks not the property of Double Blinde, LLC that are used or referred to in the Website are the property of their respective owners. Nothing contained in the Website shall be construed as granting any license or other rights to any copyright, trademark patent or other property of Double Blinde, LLC or any third party, whether by implication, laches, estoppel or explicit grant.
4.3 Double Blinde, LLC’s Content, including third party and licensed materials on the Website, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from Double Blinde, LLC and/or the third-party owner of the Content.
4.4 Notwithstanding any other rights or remedies available to it, Double Blinde, LLC reserves the right to terminate any Users’ access to the Website or any Double Blinde, LLC services for violating any of the Terms and Conditions. Furthermore, without prejudice to any rights granted herein, Double Blinde, LLC reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
- User Submissions, Comments and Sponsored Content
5.1 Some areas of the Website may allow Users to upload, submit, and/or post User Submissions. By uploading, creating, or submitting User Submissions to or on the Website, or to Double Blinde, LLC through any other means:
5.1.1 You affirm, represent and warrant that you own the right to utilize, to license and to sublicense the User Submissions.
5.1.2 You grant to Double Blinde, LLC and anyone authorized by Double Blinde, LLC, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the User Submissions in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the Website and/or services provided.
5.1.3 You grant to each User of the Website a non-exclusive license to access the User Submissions through the Website and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms and Conditions.
5.1.4 You acknowledge and agree that Double Blinde, LLC may elect, without notice, to distribute or make available the User Submissions via RSS or other automated or programmatic means.
5.1.5 You acknowledge and agree that User Submissions constitute Content that may be permanently maintained by Double Blinde, LLC.
5.1.6 You acknowledge and agree that Double Blinde, LLC is not responsible for, and cannot prevent, the publication or use of your User Submissions by any third parties who copied your User Submissions during the time in which it was displayed on the Website.
5.1.7 For any User Submissions you post that you do not own, you guarantee that you have the legal right to post such User Submissions and that it will not violate any law or the rights of any person or entity, including written, photographic, music and video User Submissions.
5.2 Double Blinde, LLC allows Website Users to post comments on Website Content. Any comments posted by Users are subject to these Terms and Conditions, including the User Submission requirements and Prohibited Uses. Regarding comments posted by Users on the Website on any Website Content:
5.2.1 The Website is designed to allow Users to share ideas and opinions about the Website Content. Some information posted in this manner may be provided by Double Blinde, LLC staff, but some may be other Users unaffiliated with Double Blinde, LLC or the Website.
5.2.2 You acknowledge that a large volume of information may become available in the form of these User comments and that participants in the exchange of comments occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. Double Blinde, LLC neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in comments added to the Website by Users and/or third parties. The opinions expressed in the comments reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Double Blinde, LLC.
5.2.3 Double Blinde, LLC is not responsible for any errors or omissions, for hyperlinks embedded in, for messages, or for any results obtained from the use of such comments or the information contained therein. Under no circumstances will Double Blinde, LLC or its affiliates be liable for any loss or damage caused by your reliance on such information on the Website.
5.2.4 Double Blinde, LLC reserves the right to monitor comments and to remove any information that Double Blinde, LLC, in its sole discretion, considers to be inappropriate or unlawful. You acknowledge and agree that Double Blinde, LLC has the right (but not the obligation) to monitor comments on the Website and any User Submissions; to alter or remove any such materials; to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect ourselves, our visitors, and the public; and to comply with legal obligations or reasonable governmental requests.
5.3 You acknowledge and agree that unless otherwise stated, User Submissions (including comments) will be deemed to be provided to us on a non-confidential and non-proprietary basis.
5.4 All Sponsored Content is accepted subject to Double Blinde, LLC’s approval of the copy and to the space being available. Furthermore, Double Blinde, LLC reserves the right to omit or suspend any Sponsored Content at any time if Double Blinde, LLC holds the belief the Sponsored Content may be unlawful or defamatory; may put Double Blinde, LLC into disrepute, may be in breach of any laws or regulations or breach of contract; or infringes the copyright off a third party. Such an omission or suspension shall not subject Double Blinde, LLC to the Client for damage or breach of contract regarding the Sponsored Content.
5.5 Sponsored Content is warranted by the Client that the Sponsored Content complies with these Terms and Conditions and is not illegal or defamatory or an infringement of any other party’s rights.
5.6 The Client providing Sponsored Content indemnifies Double Blinde, LLC fully against any claim made against Double Blinde, LLC arising from Double Blinde, LLC’s publication of any Sponsored Content or part thereof arising from a breach of any term, condition, undertaking or warranty given hereunder or otherwise to Double Blinde, LLC.
5.7 Sponsored Content copy not prepared by Double Blinde, LLC shall be supplied by the Client in accordance with a Sponsored Content agreement. If copy instructions, data and/or content are not received by an agreed copy date, Double Blinde, LLC reserves the right to repeat the most appropriate copy or to postpone publication of the Sponsored Content to a date at our discretion. Whatever pre-agreed timelines, Double Blinde, LLC reserves the right to abandon the content and offer no refund if the Client deviates from the Sponsored Content agreement, thereby potentially compromising the success of the publication.
5.8 Sponsored Content produced solely by the Client and published and/or hosted by Double Blinde, LLC shall remain the sole intellectual property of the Client, with a grant of non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license (pursuant to Section 6.1.2) to Double Blinde, LLC. Any Sponsored content produced jointly by Double Blinde, LLC and a Client will have joint intellectual property rights.
5.9 Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by Double Blinde, LLC. The Website and third parties may provide links to web pages, web sites, and various resources or locations on the web. Double Blinde, LLC has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
- Prohibited Uses
6.1 Users may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Sites nor transfer to or store any data residing or exchanged over the Sites in any electronic network for use by more than one User unless you obtain prior written permission from Double Blinde, LLC. Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Website.
6.2 Furthermore, Users may not use the Website or its Content for any of the following purposes:
6.2.1 To harm or threaten to harm Users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity.
6.2.2 To post or transmit any content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
6.2.3 To disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication.
6.2.4 To purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so.
6.2.5 To collect, use, or store any personally identifiable information about other Users, or otherwise violate the privacy rights of others.
6.2.6 To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
6.2.7 To post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
6.2.8 To disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty.
6.2.9 To forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Website, or servers or networks connected to the Website; or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
6.2.10 To disseminate content related to partisan political campaigning or fundraising.
6.2.11 To express or imply that any statements Users make are endorsed by Double Blinde, LLC.
6.2.12 To modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
6.2.13 To obtain, copy, monitor, index or data mine using a robot, spider, any automated device, or any manual process, the Website or the Content (except as expressly permitted by Double Blinde, LLC).
6.2.14 To remove any copyright, trademark or other proprietary rights notices contained in the Website.
6.2.15 To “frame” or “mirror” any part of the Website.
6.2.16 To violate any law (whether local, state, national, or international), whether intentionally or otherwise.
6.2.17 To engage in any other activity deemed by Double Blinde, LLC to be in conflict with the spirit or intent of these Terms and Conditions or that might violate the rights of others or give rise to liability.
- Disclaimers, Warranties and Limitation of Liability
7.1 Double Blinde, LLC works to ensure the accuracy of the information it provides through its products and services, including through Website. This information frequently relies on data obtained from many sources, however, and Double Blinde, LLC cannot guarantee the accuracy of the information provided or any analysis based thereon.
7.2 The Website and Services are provided “as is” and on an “as available” basis, and you expressly agree that the use of Double Blinde, LLC’s products and services, including the Website, is at your own risk. Double Blinde, LLC makes no warranties, express or implied, and disclaims any implied warrants of merchantability, fitness for a particular purpose and non-infringement. Double Blinde, LLC disclaims any warranty that the services will be uninterrupted, secure or error free. No advice, opinion or other information obtained through the Website or from Double Blinde, LLC, orally or in any media, shall create any warranty from Double Blinde, LLC not expressly stated in this Terms and Conditions.
7.3 Except as otherwise stated, Double Blinde, LLC makes no warranty or representation regarding confidentiality of any communication or information transmitted on this Website or any website linked to this Website. You agree that neither Double Blinde, LLC, nor any other providers of products or services related to the Website, are responsible for the confidentiality of any information (including without limitation credit card information and personally identifiable information), and neither Double Blinde, LLC nor any other providers of products or services related to the Website are responsible for any damages that may arise from disclosure of such information.
7.4 Double Blinde, LLC assumes no responsibility or liability arising from the content of the Website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Website or accessed through the Website.
7.5 Double Blinde, LLC also does not warrant that the functions or informational materials contained in or accessed or downloaded through the Website are free of computer viruses or other harmful components.
7.6 Although Double Blinde, LLC makes a good faith effort to update content of the Website periodically, we do not have a duty to update information contained on the Website, and Double Blinde, LLC will not be liable for any failure to update such information. Furthermore, Double Blinde, LLC reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
7.7 In no event will Double Blinde, LLC, its subsidiaries, affiliates or parents and their respective officers, directors, employees, agents, representatives, business partners, information providers, suppliers or licensors and their respective heirs and assigns be liable to any person for any direct, indirect, consequential, special, exemplary, punitive or other damages, including lost profits or costs or attorney’s fees, under any legal theory including but not limited to breach of contract, breach of warranty, negligence, or strict liability, regardless of whether Double Blinde, LLC was informed of the possibility of such damages.
7.8 In states that do not allow the exclusion or limitation of certain categories of damages, Double Blinde, LLC’s liability, and that of its subsidiaries, affiliates or parents and their respective officers, directors, employees, agents, representatives, business partners, information providers, suppliers and licensors and their respective heirs and assigns is limited to the fullest extent allowed by such states’ laws.
- DMCA Copyright Infringement Claim Policy
Double Blinde, LLC respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Double Blinde, LLC has the right to prohibit infringers from using our Website. If you believe your work has been copied and posted on or through the Website in a way that constitutes copyright infringement, please contact the Website editor at firstname.lastname@example.org
You agree to indemnify, defend and hold Double Blinde, LLC, its subsidiaries, affiliates or parents and their respective officers, directors, employees, agents, representatives, business partners, information providers, suppliers or licensors and their respective heirs and assigns, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms and Conditions; (b) any allegation that any User Submissions infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Website.
- Fee-Shifting and Choice of Law
10.1 If you attempt to bring any legal action against Double Blinde, LLC based in any way on its products or services, including the Website, you agree that, in the event you do not prevail or Double Blinde, LLC does prevail, you will reimburse Double Blinde, LLC for any costs and attorneys’ fees associated with their defense of the action.
10.2 The use of the Website and any claim or dispute relating to the Website shall be governed by the laws of Virginia, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in Virginia. Use of the Website is unauthorized in any jurisdiction that does not affect all provisions of these Terms and Conditions, including this paragraph.
If any provision or portion of these Terms and Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.