Terms of Use

Prepared by Kraig Larson, Rev 1, June 6, 2018

Introduction; Consent to Terms

Please read these Terms of Use before using Ciceron.com, Ciceron’s mobile sites and applications, any other Ciceron sites, applications, platforms or services, or any features of these sites, applications, platforms, and services, including, but not limited to, content feeds, including any accompanying headlines, links or metadata, podcasts, media players, tools, widgets, social networking features, and any forums and discussions (collectively, the “Ciceron Services”). By using any of the Ciceron Services, you agree to be bound by these Terms of Use and Ciceron’s Privacy Policy.

NOTICE TO EU RESIDENTS: Our handling of information about EU residents is governed by the Ciceron Privacy Notice for EU Residents. Ciceron’s Privacy Policy does not apply to EU residents and any references to “Ciceron’s Privacy Policy,” the “Ciceron Privacy Policy,” or “the Privacy Policy” in these Terms of Use should be read by EU residents as if those terms were replaced by “the Ciceron Privacy Notice for EU Residents.”

If you do not agree to these Terms of Use and the Privacy Policy, please exit the Ciceron Services and do not use the Ciceron Services or any of their features. We reserve the right, at our discretion, to modify, add or delete portions of these Terms of Use or the Privacy Policy at any time by posting updated Terms of Use or an updated Privacy Policy on the Ciceron Services. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of any of the Ciceron Services following the posting of updated Terms of Use or an updated Privacy Policy means that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the sites, applications, platforms and services that may link to or from the Ciceron Services.

Copyrights

The contents of the Ciceron Services are protected by U.S. and international copyright laws. The contents of the CiceronServices are owned by or licensed to Ciceron and other producers or providers of content to Ciceron (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section of these Terms of Use), the contents are licensed to Ciceron by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Ciceron Services without the prior written consent of Ciceron, except as provided in these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to Ciceron.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Ciceron promotes or endorses your, or any third party’s, causes, ideas, products, sites, applications, platforms or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the Ciceron Services that allow selected User Materials to appear on your personal, noncommercial site, blog, application, platform or service, subject to the conditions in the preceding sentence.

You may use the content feeds, APIs, podcasts, media players, and other features of the Ciceron Services, and content accessed therefrom, only as expressly permitted in these Terms of Use. To request permission for any other use of Ciceron content or the Ciceron Services, visit contact us.

Trademarks

Ciceron®, Ciceron logos, and Content Provider names, program names and logos, are trademarks or service marks (“marks”) of Ciceron, Inc., or the Content Providers. All rights in these marks are reserved by their respective owners. You may not use any Ciceron-provided marks or other logos or graphics, without Ciceron’s prior written consent, except that you have a license, and have an obligation, to use any Ciceron or other Content Provider mark or logo included in, or required to be used in connection with, API content, content feeds, podcasts, or other functionalities of the Ciceron Services, subject to the requirements set forth in these Terms of Use for the use of the API content, content feeds, podcasts, or other functionalities of the Ciceron Services.

User Materials

Users of the Ciceron Services may post, upload, transmit and otherwise submit (“Submit”) comments, messages, recommendations, photos, images, and other content and materials (“User Materials”) on or through the social networking features, forums, discussions, Contact Us page, and other features of the Ciceron Services. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by Ciceron staff and on the Ciceron Services by the general public. You acknowledge that the Ciceron Services, including the social networking features, forums, discussions, Contact Us page and other features of the Ciceron Services, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for review. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Ciceron Services. However, by submitting User Materials on or through the Ciceron Services, you grant Ciceron and other Content Providers and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels or platforms, whether now known or hereafter devised, including, the Ciceron Services, applications, platforms and services, third-party licensee sites, applications, platforms and services, over the air (on radio or television), and other applications and services, without payment and without further notice to you or request for consent. You further grant Ciceron and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, when you Submit any User Materials, you grant each user of the Ciceron Services, applications, platforms and services, and other Content Providers’ sites, applications, platforms and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Ciceron Services, applications, platforms and services and other Content Providers’ sites, applications, platforms and services, to use your User Materials pursuant to these Terms of Use and other Content Providers, and as permitted by the functionality of the Ciceron Services, applications, platforms and services, and the other Content Providers’ sites, applications, platforms and services (such as through widgets, tools and API content distribution).

For any User Materials you Submit on or through the Ciceron Services, you agree to abide by the “Rules of Use for the Service” set forth below and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Framing

Ciceron does not allow framing of the Ciceron Services.

Links to the Ciceron Services

Ciceron is an organization committed to the highest ethics and standards, both in fact and in appearance. Therefore, although Ciceron encourages and permits links to content on the Ciceron Services, the linking should not suggest that Ciceron promotes or endorses any third party’s causes, ideas, sites, products or services, or use Ciceron content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third-Party Sites, Applications, Platforms and Services

The Ciceron Services contain links to sites, applications, platforms and services maintained by third parties over which Ciceron has no control. Ciceron does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and Ciceron is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. Ciceron shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites, applications, platforms and services.

In some cases, the Ciceron Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.

The Ciceron Services may include a tool that allows you to sign in using information from your account with a third party service, such as Facebook or Google. Please be aware that third-party services are unrelated to Ciceron, and that your use of any third-party services is subject to the terms and policies of those services.

Content Feeds

Ciceron provides RSS feeds at www.ciceron.com/rss/, and provides or may provide other content feeds on or through the Ciceron Services, consisting of a selection of headlines, summaries or text blurbs, and links to full articles, which are delivered to users using RSS or other XML-based syndication technology (collectively, the “Content Feeds”). The Content Feeds are available for personal, noncommercial use. You may display, excerpt from, and link to the Content Feeds on your personal site, blog, or similar application for personal, noncommercial purposes, provided that (a) the links redirect the user to the Ciceron Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable Ciceron Services page, (c) the use or display does not suggest that Ciceron promotes or endorses any third-party causes, ideas, sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the articles or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal site, blog or similar application, you may not redistribute the Content Feed and you must provide attribution to Ciceron or the relevant Content Provider adjacent to the Content Feed, by including “Ciceron News” or “Ciceron” or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of Ciceron’s trademarks or service marks, the names or marks of any Content Provider, or the Content Feeds requires the prior written permission of Ciceron. For permission requests, please contact us. For use of the articles or other content that are linked to by the Content Feeds, please see the “Copyrights” section of these Terms of Use.

Ciceron may withdraw Content Feeds at any time. Upon the request of Ciceron, you shall promptly cease all use of, and remove from your site, blog or other applications or platforms, any Content Feeds identified by Ciceron.

Podcasts

Ciceron provides podcasts consisting of audio content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user’s computer or mobile device. Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a podcast to a computer or mobile device only for your personal, non-commercial use, provided that you do not modify the content. You also may link to podcasts from your site, blog, application, platform or service, as long as (a) the links redirect the user to the Ciceron Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable portion of the Ciceron Services, (c) the linking does not suggest that Ciceron promotes or endorses any third party’s causes, ideas, sites, applications, platforms, products or services, (d) you do not use Ciceron content for inappropriate commercial purposes, and (e) you provide attribution to Ciceron adjacent to the link.

Ciceron Mobile Services; High Data Usage Warning; Motor Vehicle Usage

Ciceron does not charge you for the use of its mobile sites, applications, platforms and services or any features of these sites, applications, platforms and services (“Ciceron Mobile Services”). Please check your wireless plan, however, because carrier data use charges or other fees may apply. You acknowledge that streaming media can result in high data usage and may lead to excess data charges. You must provide at your own expense the equipment and connections needed for you to use the Ciceron Mobile Services, and you agree that you are solely responsible for any costs you incur to access the Ciceron Mobile Services, including any excess data charges. You should keep in mind that the use of the Ciceron Mobile Services to send content to another person may result in wireless charges to both the sender and the receiver. You agree to obey all laws related to the operation of motor vehicles during use of the Ciceron Mobile Services.

Location Based Services

Ciceron collects geolocation data for purposes of offering relevant content. Geolocation data consists of general location information based on latitude and longitude (if the user has enabled location services for an application on the user’s mobile device), or based on the IP address of the user’s computer or mobile device. By using any of the Ciceron Services, you consent to Ciceron’s collection of this geolocation information.

NOTICE TO EU RESIDENTS: Our handling of information about EU residents, including geolocation data, is governed by the Ciceron Privacy Notice for EU Residents.

Rules for Use of the Service

By using the Ciceron Services, including by registering for the Ciceron Services, participating in Ciceron social networking features, forums and discussions, Submitting User Materials through the Ciceron Services, the Contact Us page or other means, using Content Feeds, API content, or podcasts, or by using any other features of the Ciceron Services, you agree to the following rules:

  1. You must be at least 18 years of age to submit any User Materials or personally-identifying information on or through the Ciceron Services, create a public profile, or participate in any online contests. If you are between the ages of 13 and 18, you may browse the Ciceron Services or register for email newsletters or other features of the Ciceron Services with the consent of your parent or guardian, so long as you do not submit any User Materials. If you are under 13 years of age, or if you are an EU resident under 16 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under 13, or from an EU resident under 16, we will remove that information from our database as soon as possible.
  2. You may not submit any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.
  3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third-party privacy rights, or that constitutes hate speech or a personal attack.
  4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not plagiarize content or violate or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Ciceron, and users of the Ciceron Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
  5. The Ciceron Services can only be used for personal, non-commercial purposes. You may not submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Ciceron Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
  6. You may not submit any software or other material which contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of Ciceron, other Content Providers, or users of the Ciceron Services. You may not use the Ciceron Services to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the Ciceron Services.
  7. You may not interfere with or disrupt the integrity or performance of the Ciceron Services, any portion or contents thereof, or related systems or networks, or use the Ciceron Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to the Ciceron Services or related systems or networks.
  8. By submitting any User Materials on or through the Ciceron Services, you grant to Ciceron and other Content Providers, their licensees, and users of these sites, applications, platforms and services (to the extent permitted by these Terms of Use) the licenses to use those User Materials specified in the “User Materials” section of these Terms of Use.
  9. You are solely responsible for any User Materials submitted using your account. Ciceron does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the Ciceron Services. However, Ciceron has the right (but not the obligation) to review, screen, delete, edit or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service or these Terms of Use.
  10. Ciceron is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the Ciceron Services. Ciceron cannot verify the accuracy of statements that users make or place on or through the Ciceron Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service or these Terms of Use.
  11. You acknowledge that Ciceron has the right to limit or terminate your, or any other person’s, access to or registration in the Ciceron Services for any reason, in its sole discretion, including violation of these Terms of Use.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Ciceron Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Ciceron Services that may be necessary for their use as contemplated by the Ciceron Services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Ciceron Services and these Terms of Use, (d) the User Materials, and their use by Ciceron, their licensees, and users of the Ciceron Services and our sites, applications, platforms and services (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Use, and (e) your use of the Ciceron Services complies with these Terms of Use. You agree that you will indemnify and hold harmless Ciceron, Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Ciceron Services, (3) the User Materials you have Submitted on or through the Ciceron Services, or (4) Ciceron’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Ciceron’s Content Providers, licensees, or users of the Ciceron Services.

Disclaimer

THE CICERON SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE CICERON SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CICERON DOES NOT WARRANT THAT THE CICERON SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CICERON DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CICERON SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE CICERON SERVICES OR THROUGH LINKS ON THE CICERON SERVICES. USE OF THE CICERON SERVICES IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE CICERON SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE CICERON SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE CICERON SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT WILL CICERON, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE CICERON SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE CICERON SERVICES, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL CICERON, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change Ciceron Services

Ciceron reserves the right to change, terminate or suspend the Ciceron Services, any features of the Ciceron Services (including, but not limited to, Content Feeds, API content, and podcasts), and any content or materials contained in the Ciceron Services, in any way, at any time and for any reason or no reason. Ciceron also has the right to require you to cease accessing any features, content or materials of the Ciceron Services.

International Users

The Ciceron Services are controlled and operated within the United States. Ciceron makes no representation that content, materials or products available on or through the Ciceron Services are appropriate or available for use outside of the United States. If you access the Ciceron Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Attributions & Third-Party Notices

Certain third-party content made available through the Ciceron Services may be subject to other terms. Where applicable, the following provisions may apply:

Miscellaneous

These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Ciceron Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Ciceron Services. These Terms of Use are separate and distinct from the terms of use governing the sites, applications, platforms and services that may link to or from the Ciceron Services. These Terms of Use are governed by and construed under Minnesota law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Ciceron Services shall be litigated in the local or federal courts located in Minnesota, and you hereby consent to personal jurisdiction and venue in Minnesota. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions

If you have any questions about these Terms of Use, please contact us.