Terms of Use

Welcome to Handshake 2.0!

Before you begin using Handshake 2.0, you must read and agree to these Terms of Use ("Terms of Use") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

You should periodically review the most-up-to-date version of the Terms of Use, as Handshake Media, Incorporated (“Handshake 2.0”) may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Handshake 2.0 service, which use shall constitute your full and complete agreement to this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service. Handshake 2.0 is an interactive blog, publication and networking service (the "Service" or the “Site”). You will be responsible for all activities occurring under your username and for keeping your log-in information secure. You understand and agree that the Service is provided to you on an AS-IS and AS-AVAILABLE basis. Handshake 2.0 disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software.

Handshake 2.0 also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.  Minors Under 13 Prohibited.  You must be at least thirteen (13) years of age to use the Service.  If you are younger than thirteen (13) years of age, you should exit the Site and discontinue any use of the Services immediately.

Handshake 2.0 reserves the right to refuse service to anyone at any time without notice for any reason.

2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.  Violation of this Agreement may result in immediate termination of your ability to use the Site and removal of some or all of content previously submitted, and may subject you to state and federal penalties and other legal consequences. Handshake 2.0 reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

Much of the content of Handshake20.com – including the contents of specific postings – is provided by users unemployed by Handshake 2.0 and is the responsibility of the person or people who made such postings. Handshake 2.0 does not have any obligation to monitor the content of Handshake20.com, and takes no responsibility for such content. Instead, Handshake 2.0 merely provides access to such content as a service to you.

Although it is our policy not to include material we find to be offensive or harmful material in content posted by Handshake 2.0 employees, we allow our users, such as you, to post information and other content on the Site in various ways and as a result, Handshake20.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Handshake20.com.

Handshake 2.0 as a company does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.

3. Privacy. As a condition of using the Service, you agree to the terms of the Handshake 2.0 Privacy Policy which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Handshake 2.0 may access or disclose your personal information, including the content of your communications, if Handshake 2.0 is required to do so in order to comply with any legal process or governmental request (such as a search warrant, subpoena, statute, or court order) which Handshake 2.0 reasonably determines to be valid, without the requirement of legal analysis of whether it has met requirements to be a valid subpoena or would be enforceable if contested in a court of law, or as otherwise provided in these Terms of Use and the general Handshake 2.0 Privacy Policy. Personal information collected by Handshake 2.0 may be stored and processed in the United States or any other country in which Handshake 2.0 or its third party providers maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

4. General Practices Regarding Use and Storage. You agree that Handshake 2.0 has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Handshake 2.0 retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content of the Service. Handshake 2.0 takes no responsibility for third-party content (including, without limitation, any content (including postings, replies, comments or other user content), advertisements, viruses or other disabling features), nor does Handshake 2.0 have any obligation to monitor such third-party content. Handshake 2.0 reserves the right, but does not undertake the obligation, at all times to remove or refuse to distribute any content on the Service, in whole or in part, such as content which violates the terms of this Agreement. Handshake 2.0 also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Handshake 2.0, its users and the public. Handshake 2.0 will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement and any individual exercise of its rights under this Agreement shall not mean or imply a representation, undertaking or obligation to exercise the same rights (i.e., monitor or remove similar content), at such point or in the future.

Parental Controls.  Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, including, as examples, Net Nanny (www.netnanny.com/), OnlineFamily.Norton® (http://onlinefamily.norton.com) or McAfee® Family Protection (http://home.mcafee.com/store/package.aspx?pkgid=342&cid=61120).

6. Intellectual Property Rights.
(a) Handshake 2.0's Intellectual Property Rights. You acknowledge that Handshake 2.0 owns all right, title and interest in and to the Service, including all intellectual property rights (the "Handshake 2.0 Rights"). Handshake 2.0 Rights are protected by U.S. and international intellectual property laws.  Handshake 2.0 also reserves all rights, including copyrights, in content created or developed by Handshake 2.0 (“Handshake 2.0 content”), including through its employees or contractors.  Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service or Handshake 2.0 content. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Handshake 2.0 Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

Information regarding notices and counter-notices of copyright infringement on the Site are set forth in Section 7 of this Agreement, below.

(b) Your Intellectual Property Rights. Unless agreed otherwise by separate agreement, Handshake 2.0 claims no ownership or control over any Content submitted, posted or displayed by you on our site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Handshake 2.0 services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Handshake 2.0 services which are intended to be available to the members of the public, you grant Handshake 2.0 a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Handshake 2.0 services for the purpose of displaying and distributing Handshake 2.0 services. Handshake 2.0 furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted, and that Handshake 2.0’s use of the Content will not violate or infringe any third party’s copyrights or require payment of a license, royalty or other fee by Handshake 2.0.

You may choose to submit, post, and display any materials on or through the Handshake 2.0 service under a public license (e.g., a Creative Commons license), whether by manually marking your materials as such or using Handshake 2.0 service tools to do so. For avoidance of doubt, Handshake 2.0 is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Handshake 2.0 may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.

(c) Copyright Infringement. Handshake 2.0 asks you to respect the intellectual property of others. In order to protect the intellectual property of others from misuse we ask you to help us. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Site infringe your copyright, please provide Handshake 2.0’s Copyright Agent with a notice of infringement ("Notice") containing the following information:

(a) An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material and to determine why you believe an infringement has taken place;
(c) A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL where it is posted or the name of the book in which it has been published;
 
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Handshake 2.0 Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By Mail:

Copyright Notice Agent
Handshake Media, Incorporated
406 Alleghany Street
Blacksburg, VA 24060-5007
USA
[email protected]

If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Handshake 2.0 a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed under the DMCA. We suggest that you consult a legal advisor before filing a Notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA.

Handshake 2.0’s policy is to terminate Membership privileges and access to the Site for those who repeatedly engage in acts of infringement, with Handshake 2.0 having the discretion to determine whether a particular user in a particular case is a repeat infringer subject to such termination. 

7. No Resale of the Service. Unless expressly authorized in writing by Handshake 2.0, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

8. Publicity. Any use of Handshake 2.0's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "Handshake 2.0," must be in compliance with this Agreement.

9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Handshake 2.0 to participate in the Service is correct and current and does not violate any applicable laws or court orders; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; and (c) you have read and understood these Terms of Use and have the authority and capacity to enter into this Agreement, and are so doing by your use of the Services or the Site.

10. Termination; Suspension. Handshake 2.0 may, in its sole discretion, at any time and for any reason or no reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account, if any, will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, and 5 - 15 of the Agreement, along with applicable provisions of the Privacy Policy, shall survive expiration or termination.

11. INDEMNIFICATION, DISCLAIMERS OF WARRANTY AND LIMITATIONS ON LIABILITY. You agree to hold harmless and indemnify Handshake 2.0, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Handshake 2.0 will provide you with written notice of such claim, suit or action.
LIABILITY AND WARRANTY DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND ANYONE WHO HELPED US TO CREATE, PRODUCE, DELIVER, OR MAINTAIN THE SITE HEREBY DISCLAIM LIABILITY FOR ANY AND ALL INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES AND ATTORNEYS' FEES ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO CHALLENGES OR ACTIONS FOR INFRINGEMENT, LIBEL, AND SLANDER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF HANDSHAKE 2.0 FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

FURTHER, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED OR WAIVED UNDER APPLICABLE LAW. HANDSHAKE 2.0 AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF HANDSHAKE 2.0 OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

12. Entire Agreement. This Agreement constitutes the entire agreement between you and Handshake 2.0 and governs your use of the Service, superseding any prior agreements between you and Handshake 2.0. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Handshake 2.0 services, affiliate services, third-party content or third-party software.

13. Waiver and Severability of Terms. The failure of Handshake 2.0 to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 the Terms of Use remain in full force and effect.

14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Handshake 2.0 services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Choice of Law; Jurisdiction; Forum. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Montgomery County, Virginia or the federal courts located in Roanoke County, Virginia, and you consent to the personal jurisdiction of such courts and waive any objection to such venue based upon lack of personal jurisdiction, forum non conveniens or other similar argument.