Terms of Service
1. Accepting the Terms of Service
The purpose of this website, The Frustrated Engineer (the “Site”), is to provide web publishing services. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. In no event will The Frustrated Engineer or its affiliated organizations be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legality. The Services are accessed by You (“Subscriber,” “User,” or “You”) under the following terms and conditions:
2. Modifications of terms and conditions to this agreement
The Frustrated Engineer reserves the right to modify any and all terms to this agreement at its sole discretion. It is the responsibility of the viewer to stay current with any and all changes The Frustrated Engineer makes to their service agreement. All modifications to the agreement become effective when posted and your use of the of the website and the services it provides constitutes your acceptance to the terms and conditions of the modified agreement.
3. Accessibility and usage of the Services
Subject to the terms and conditions of this agreement, The Frustrated Engineer may offer the Services, as made clear on the Site, and which are utilized by Subscriber, only for Subscriber’s own use, and not for uses benefiting any third party. Services include, but not be limited to, any services The Frustrated Engineer performs for or on behalf of the Subscriber, as well as offer any content (defined below) on the Site. The Frustrated Engineer reserves the right to dictate limitations on certain features and services or restrict Subscriber access and use to parts or all of the Services without notice or liability. The Frustrated Engineer may alter, discontinue, or suspend, prevent the use of the Services at any time, including the availability of any and all features, databases, or Content. The Frustrated Engineer reserves the right to modify these Terms Of Service at any time they see fit, and shall post the revised Terms Of Service on the Site, with notice on the Site or via email communication where possible. It is the Subscribers responsibility to review and become accustomed to such changes. The use of the Site after such modifications represents Subscriber’s acknowledgement and acceptance of the terms and conditions of this agreement with all modified changes.
Subscriber assures The Frustrated Engineer that should Subscriber be an individual (i.e., not a corporate entity, partnership), Subscriber is at least 13 years of age. Under no circumstances shall a user under the age of 13 provide any personal information to or on The Frustrated Engineer including but not limited to a phone number, address, name, email address). Subscriber certifies that is legally permitted to use the services and form a binding contract with The Frustrated Engineer. Subscriber takes full responsibility for the selection and use of Services and access of the Site. Use of the site outside of the United States is done at the users own risk. The Frustrated Engineer makes no claim that the site or content is lawful outside of the United States. User is responsible for meeting the requirements of the laws within their jurisdiction.
The Frustrated Engineer will take reasonable measures to make sure that the Site and the Services are available 24 hours a day, 7 days a week. Occasionally the Site and or Services will be interrupted for upgrades, repairs, maintenance, technological failure, and or any other modifications The Frustrated Engineer sees fit. The Frustrated Engineer will take every reasonable precaution to ensure that planned interruption times are reasonable.
The Frustrated Engineer reserves the right to impose limitations on the use and storage with our without notice at its sole discretion.
You acknowledge that neither The Frustrated Engineer or any affiliated organizations will be held responsible or liable in the event that you or any other party is affected by suspension, modication, discontinuance or unavailability of the Site, the Services, and or any form of Content.
4. Content and Subscriber Content
4.1 Intellectual Property Ownership
The Frustrated Engineer and/or third parties retain their ownership of any and all intellectual property rights in any and all Content other then that provided by the Subscriber. Subscribers retain their ownership of all intellectual property rights in content they have provided.
4.2 The Frustrated Engineer Site Content
The Site and its contents are intended solely for the use of The Frustrated Engineer Subscribers and to be used in accordance with the terms of this agreement. All content or creative expressions displayed or performed on the Site includes, without limitation, text, audio, video, photographs, images, illustrations, logos, tools, animations, graphics, software or source code, data, scripts, executable files, interactive features, and Themes (as defined below), any of which may be produced, provided, and or made accessible on or through the Services.
The Frustrated Engineer is protected by copyright laws, in accordance with United States copyright laws, international laws, and other copyright laws. Aside from what is expressly written in this agreement, Subscriber may not modify, publish, copy transmit, upload, participate in the sale or transfer of, reproduce, create derivate works, distribute, or in any form exploit, any of the Content, materials, or Services in whole or in part.
Subscriber is authorized to download or distribute the Content, and other items displayed on the Site for personal use only, assuming the Subscriber adheres to all copyright and notices contained in such Content. Any use of Content, including but not limited to copying, storing, downloading, sharing for any reason other then personal and non-commercial use is prohibited unless written permission has been given by The Frustrated Engineer or copyright holders.
4.3 Subscriber Content
When a Subscriber transfer data, or any form of Content to The Frustrated Engineer through the services provided on the site, they are giving The Frustrated Engineer and its affiliated organizations a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights granted to The Frustrated Engineer are to be used for but not limited to the operations, improvement, and development of the site. This license that is provided to The Frustrated Engineer shall remain active even after the Subscriber has stopped using the Site and or Services. A subscriber may wish to remove the Content from the site through a written request but The Frustrated Engineer is not responsible for the removal of content on third party sites and or affiliated organizations not directly under the management of The Frustrated Engineer.
By submitting material to The Frustrated Engineer, the Subscriber warrants that it has all of the necessary rights and permissions to transfer and grant us the license for such Content to the Site.
The Frustrated Engineer operates as a Content hosting provider that hosts Content by and for the Subscriber. The Frustrated Engineer has the right to place advertising, promotions, notifications or identifiers and watermarks on or near your Content at The Frustrated Engineer full discretion.
The Frustrated Engineer reserves the right to moderate any Content. The Frustrated Engineer is not responsible for what a subscriber uploads and The Frustrated Engineer is under no obligation to remove, censor, or modify any inappropriate Content. The Frustrated Engineer has designed easy to use buttons placed directly on the Site that allows users to report such inappropriate Content. Once Content is reported, The Frustrated Engineer will review and take action in accordance with the Content submitted. The Frustrated Engineer may remove any Subscriber Content at their discretion if such Content breaches any conditions or terms of any agreements with the Site, including but not limited to, copyright infringing, inappropriate, violation of law, hateful, defamatory, threatening, offensive or harassing material. The Frustrated Engineer is not responsible for the removal of such Content and will not be held responsible or share any liability from the removal of Content.
5. Warranty disclaimer
The Frustrated Engineer is not an agent of the Subscriber and has no relationship, obligation, or fiduciary duty to the Subscriber. Subscriber acknowledges that The Frustrated Engineer cannot control, moderate, supervise, and has no obligation to act in regards to: who uses the Site; what Content the Subscriber accesses through the Site; what results from Content on the Site; effects on the Subscriber from Content on the Site; or anything resulting from exposure to the Site and its Content. The Content on the Site is provided by and is the responsibility of the user or Subscriber who provided the Content. Subscriber acknowledges that The Frustrated Engineer does not monitor the Content that is submitted to the site. The Subscriber releases The Frustrated Engineer from all liabilities for the Subscribers actions or Content that is both submitted, downloaded, or acquired through or on the Site. The Site may contain Content, or steer a Subscriber to sites that have content or information that may be deemed inappropriate. The Frustrated Engineer makes no claims or representations in regards to any content within, accessed, or attained through the Site, and The Frustrated Engineer shall not be held responsible or found liable for the misrepresentations, accuracy, legalities, copyright compliance, or inappropriateness of material of such content. The Frustrated Engineer will make reasonable efforts to maintain, secure, and sustain the Content on the Site. The Frustrated Engineer will not be held responsible or found liable for in any way for the lack of, inability, or failure to maintain, secure, and sustain Content, or access to the Content or other materials that is archived or submitted to the Site. It is the Subscribers sole responsibility to maintain or backup Subscribers own Content.
The site and the site elements are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted under applicable law, The Frustrated Engineer expressly disclaims all representations and warranties of any kind with respect to the site, the site elements and any other products or services available on or through this site, whether, express or implied, including, but not limited to, any and all warranties (1) of merchantability or fitness for a particular purpose; (2) of non-infringement and title; (3) that any use of the site will be free from any interruptions, delays, inaccuracies, server down-time, errors or omissions; (4) that the site will be secure, or free of viruses, worms or other harmful components; (5) that the site and/or the site elements will satisfy your requirements or expectations; and (6) that information, data or materials presented or displayed on this site are correct, accurate or reliable.
To the fullest extent allowed by law, The Frustrated Engineer disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that The Frustrated Engineer shall not be responsible or liable for any harm that results from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Subscriber is hereby held responsible for any and all of its activity in connection with the services provided and accessing of the site. Any abusive, fraudulent, or otherwise illegal activity or any use of the services and or content in violation of this agreement may be grounds for termination of the subscribers right to the use of the services or access to the site. Users of site hereby acknowledges that legal action may be taken by The Frustrated Engineer if any of the terms and conditions of this agreement are violated. Subscriber may not post or transmit, or cause to be posted or transmitted, any solication or communication designed or intended to obtain any private information, passwords, or account information from any The Frustrated Engineer user. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you and therefore The Frustrated Engineer is not liable for any of these acts.
7. Third party websites
A user may gain access to The Frustrated Engineer from a third party site on the internet by various forms of links. A user may also gain access to a third party site from our site through various forms of links. Third party sites are not under the supervision or control of The Frustrated Engineer. Unless explicitly otherwise provided, neither The Frustrated Engineer or any of its affiliates make any representation or warranty whatsoever about any third party site that is linked to the site whether inbound or outbound links, nor does The Frustrated Engineer endorse the products or services offered by any of these sites. The Frustrated Engineer and and its affiliates disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or The Frustrated Engineer with respect to such sites and third party content.
8. Limitation of liability
In no event shall The Frustrated Engineer, its directors, officers, shareholders, employees or members be liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to downloading or posting Content. The Frustrated Engineer’s and the Site’s collective liability under this agreement shall be limited to three hundred U.S. Dollars. Some places do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
Subscriber will indemnify and hold The Frustrated Engineer, its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscribers access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.
10. Fees and payment
We may offer fee-based Services. Our provision of those fee-based Services will be governed by the terms you agree to when you register for the fee-based Service and any terms in this agreement not inconsistent with those terms.
If you register for a fee-based Service, you must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date.
We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. User represents to The Frustrated Engineer that Subscriber is the authorized account holder or an authorized user of the chosen method of payment for use of paid services.
We may charge for fee-based Services in advance and on a daily, monthly, yearly, lump sum, or other basis. We may, in our sole discretion, post charges to your payment method individually or aggregate charges for some or all of your fee-based Services with us.
Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is canceled by you or terminated by us.
Subscriber acknowledges and agrees that the payment for virtual goods, content, or services grants the Subscriber a limited license to use the virtual goods content, and or services as directed on the site.
The Frustrated Engineer may change its prices at anytime. The Frustrated Engineer will provide notice of such changes by email notification and or on the Site. If you decline to pay the increased price, you may cancel the services prior to the change going into effect.
Either party may terminate the use of services provided by The Frustrated Engineer at any time by providing a written request. The Frustrated Engineer reserves the right to suspend or terminate any and all services and use to the site immediately, without prior notice or liability, if subscriber breaches any of the terms and conditions of this agreement. The Frustrated Engineer may terminate access to the subscriber account, right to use services, or access to the site by any means without liability. Any and all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, limitations of liability, and ownership provisions. Termination of your access to and use of the Services and Site will not relieve subsriber of any obligations arising or accruing prior to such termination or limit any liability which subscriber or user otherwise may have to The Frustrated Engineer or the site and services, including without limitation any indemnification obligations contained herein.
14. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
The Frustrated Engineer has the highest respect for the intellectual property of others. The Frustrated Engineer takes the protection of copyrights extremely seriously, and will continue to do everything within their reasonable ability to ensure the protection of the copyrights and the copyright holders. The Frustrated Engineer’s intellectual property policy is to (a) remove material that The Frustrated Engineer believes in good faith to be, upon notice from an intellectual property owner, or their agent, is infringing the intellectual property of a third party by being made available through the Services and or affiliated services, and (b) remove any Subscriber Content posted to the Services by “repeat infringers.” The Frustrated Engineer considers a “repeat infringer” to be anybody that has submitted material or content to the Services and for whom The Frustrated Engineer has received more than two requests to takedown the content, compliant with the provisions of 17 U.S.C. § 512(c). The Frustrated Engineer has discretion, however, to disable or terminate the account of any subscriber after the receipt of one notification of a copyright infringement or after The Frustrated Engineer determination.
Procedure for Reporting Claimed Infringement
If you or anyone believes that any of the content made available on or through the Services has been exploited or used in a manner that infringes an intellectual property right you own or control, then please notify us immediately via any of the following contact methods provided below or within this article.
Use the “Report Post” feature tool built into the website on each page of content. After clicking the “Report Post” link, make sure you select why you are reporting the post. It’s as easy as that! Once The Frustrated Engineer receives the notification they will look into your concern and or contact with you any additional questions.
If you are the owner or a designated agent of a copyright and would like to submit a claim including all necessary documentation; Follow the instructions below:
Each claim must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Frustrated Engineer to locate the material;
Information reasonably sufficient to permit The Frustrated Engineer to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
If you receive a notification from The Frustrated Engineer that material made available by you on or through the Services and has been the subject of an infringement claim, then you will have the right to provide The Frustrated Engineer with what is called a “counter notification.“ The counter notification must be in writing to be valid and sent to one of the contact methods provided within the Agreement. The counter notification must also include the following information:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which The Frustrated Engineer may be found, and that the subscriber will accept service of process from the person who provided a Notification of Claimed Infringement as set forth above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
The Frustrated Engineer, upon receipt of Counter Notification, will:
Promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification
The Frustrated Engineer will replace the removed material or cease disabling access to it in not less than 10, nor more than fourteen (14), business days following receipt of the Counter Notice, unless The Frustrated Engineer Copyright Department first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on The Frustrated Engineer system or network.
For any other matter relating to the Services, please use the contact form directly on the website: Contact Us.
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.