SLAM Media Inc. TERMS OF USE

Effective as of: May 21, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES TO BE SURE YOU UNDERSTAND THEM COMPLETELY. USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND ADHERE TO THESE TERMS OF USE.

These Terms Of Use (“Terms of Use”) govern your access to and use of this Site (www.slamonline.com) and any related websites or mobile applications (“Sites”) operated by SLAM Media Inc., its parent companies, subsidiaries, or affiliates (collectively “SLAM”). By browsing the public areas of the Sites, registering on the Sites or purchasing magazines or other goods sold through the Sites (“Product”), or signing up for subscriptions through the Sites (such subscriptions and all other services provided via the Sites, the “Services”), you agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of SLAM’s Privacy Policy (https://www.slamonline.com/privacy-policy/), which are hereby incorporated by reference. Certain non-fungible token (“NFT”) Products available through or advertised on the Sites are subject to additional terms of service (https://www.slamonline.com/nft/slam-nft-terms-conditions/). If you do not agree to all of these terms and conditions you may not use the Sites for any purpose.

  1. Ownership of Content

The Sites may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content”, but excluding specifically any content posted by our advertisers or other third parties) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. All Content posted on or otherwise available via the Sites is owned by SLAM or used with authorization. Please feel free to browse the Sites, but you must respect the rules and restrictions set forth in these Terms of Use and our intellectual property rights as set forth in these Terms of Use. Downloading software, information, data, or images from the Sites is prohibited other than as part of your purchase of Products or Services.  Where permitted, downloading Content does not give you title or other rights to such Content beyond the rights explicitly granted in connection with your purchase of the applicable Product or Service.

  1. Site Security Use Restrictions

SLAM takes the security of the Sites seriously. Therefore, in addition to the restrictions set forth elsewhere in these Terms, you may not:

  1. interfere or attempt to interfere with the proper working of the Sites or any activity or Service on the Sites by using any robot, “bot”, spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to the Sites or to any host or network;
  2. attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
  3. access or attempt to access any system or servers on which the Site is hosted or modify or alter the Sites in any way;
  4. upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
  5. restrict or prevent any other user from using any Site and/or any Products, Services, or Content posted on or offered through the Sites; or
  6. link to, frame, or otherwise reproduce any of the Sites without the prior written consent of SLAM.

SLAM reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.

  1. Copyright

Copyright to all Content on the Sites is either owned by SLAM or is licensed to SLAM. No Content or other material from the Sites may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of a Product that you have purchased or subscribed for on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to download, copy or modify our Content or Products for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any of our Content or Products on any other website or networked computer environment is prohibited without the express written permission of SLAM.

  1. Procedures for Making Copyright Infringement Claims. Except as expressly provided above, nothing contained herein will be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via the Sites, please notify our designated DMCA agent immediately at: [email protected] or by mail at SLAM Media, 1091 Boston Post Road, Rye, NY 10580, Attention: Legal Department. DMCA Notices must be in writing and must include the following information:
  1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  2. a description of the copyrighted work that you claim has been infringed;
  3. the URL of the Site and a description of where the material that you claim is infringing is located on that Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.
  1. Trademarks and Proprietary Rights Notices

All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on the Sites are either owned by SLAM or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of SLAM. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Products or Content offered by, viewed on, or received through the Sites.

  1. Eligibility

You must be over 13 years of age to use our Sites and in addition you must meet any age, geographic or other eligibility requirements specified at each Site to subscribe to a magazine, publication or Service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain Services at or areas of our Sites. By registering at those Sites, or for those features or Services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Site and vendor policies. If you are over 13 years of age, but under 18 years of age, by using the Sites, you represent and warrant that you have the express permission of your parent or guardian to do so.

  1. Online shopping

Some portions of the Sites also offer e-commerce opportunities. Different Sites may offer different options for visitors to purchase or subscribe to Products or Services either from SLAM or from a third party (see Section 11 below concerning Third Party Sites). SLAM does not guarantee that you will be satisfied with Products or Services purchased from us. SLAM does not design, make, or manufacture Products sold online, and only sells, distributes or ships Products from its own online stores. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither SLAM nor its vendors guarantee that all orders will be filled. All purchases of Products are subject to our Shipping and Returns Policies (https://slamgoods.com/pages/refund-exchange-policy).

  1. Subscription to Services

The Services allow you to subscribe for magazines, sign up for newsletters, opt in to text messaging and acquire other Products. SLAM may discontinue or revise any or all aspects of the Services at any time in its sole discretion. Fees to subscribe to the Services for specified periods of time (each, a “Subscription Period”), as applicable,  are set forth on the Sites. You may become a subscriber to the Services for the relevant Subscription Period by registering through the Sites and paying the subscription fee for such Subscription Period. For new subscribers, the Subscription Period starts when you have submitted your registration form and provided valid payment details for your initial and recurring payments. You will be notified by email once your subscription is accepted.

The Sites also allow you to sign up for Services such as subscriptions through Zinio and Apple.

During your Subscription Period, as long as you comply with these Terms of Use, SLAM grants you a personal, non-transferable, limited license to access and use the Services by accessing the Services through the Sites in accordance with the terms and conditions set forth in these Terms of Use. Use of the Services for which you subscribe is limited to you personally.  Violation of these Terms of Use, as determined by SLAM in its sole discretion, may result in termination of your Services account and termination of your access to the Services. SLAM may terminate your subscription to the Services and/or prohibit you from using or accessing the Services or the Sites (or any portion, aspect or feature of the Services or the Sites) for any reason, or no reason, at any time in its sole discretion, with or without notice. If SLAM terminates your subscription for no reason, then the unused portion of your subscription fees will be refunded. If SLAM terminates your subscription for violation of these Terms of Use, then no refund will be provided for the unused portion of your subscription fees.

Your subscription will automatically renew at the end of each Subscription Period, unless you terminate your subscription at least ten (10) days before the end of the Subscription Period. You may terminate your subscription by calling us at 333-6411or by email emailing us at [email protected], with such termination being effective at the expiry of the then-current Subscription Period.  SLAM will not pro rate subscription fees for partial Subscription Periods or refund any previously paid subscription fees.

If you opt in to receive texts from SLAM, message and data rates may apply to such messages. You may unsubscribe from any of our online e-mail updates or newsletters by following the unsubscribe instructions in the body of any e-mail message. Similarly you may unsubscribe from any promotional or other text messages by following the unsubscribe instruction in the body of any text. Please be aware that some transactional emails and texts relating to your purchase of Products or Services may still be sent to you even if you unsubscribe.

  1. Payments

The purchase of Products and subscriptions to Services generally require use of a valid credit card. SLAM and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific Services or Products. You are solely responsible for charges owed for all Products and Services purchased through the Sites, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs. Product prices and subscription fees are set forth on the Sites. All subscription fees stated on the Sites are exclusive of VAT (where applicable), sales tax, other applicable taxes and processing fees. SLAM may change the subscription fees for the Services from time-to-time by posting a notice of such change on the Sites or providing notice to you by email.

We (or our third-party payment processor) will authorize your credit card, bank account, or other approved payment facility you provided during the registration and/or purchase process for the full payment of the fees and any applicable taxes and you hereby consent to the same. All payments will be charged and made in U.S. dollars. We accept American Express, Discover, MasterCard, Visa, PayPal and AfterPay as methods of payment. You represent and warrant that all information provided by you, including your name, billing address, e-mail address and credit card, debit card, or other account charge authorization information, for your payment method are correct. If you pay by credit or debit card, by designating a card to be billed, you represent and warrant that you are authorized to make a such purchase and that you are the holder of such card. You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your registration information, including without limitation, your sign-in information and password.

Your card issuer agreement or your agreement with PayPal governs your use of any designated credit cards or your PayPal account, and you must refer to those agreements and not these Terms of Use to determine your rights and liabilities as a cardholder. You, and not SLAM, are responsible for paying any unauthorized amounts billed to your credit card or PayPal account by a third party. Unless you notify SLAM of any discrepancies within thirty (30) days after they first appear on your credit card or PayPal statement, you agree that they will be deemed accepted by you for all purposes. If SLAM does not receive payment from your credit card issuer, PayPal or its agents, you agree to pay all amounts due upon demand by SLAM or its agents.

Additional terms concerning cancellation of subscription Services are set forth in Section 8.

  1. Links and Third Party Sites

The Sites may contain links to and from third-party websites, including but not limited to websites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each website to be sure you understand the terms, conditions, policies and requirements of that website. SLAM does not endorse, and the inclusion of any link on the Sites does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and SLAM has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. SLAM has no control over: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. SLAM does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from any Site. You acknowledge and agree that SLAM has not reviewed all of the websites linked to or from the Sites, does not endorse such websites, is not responsible for such websites, and under no circumstances will be liable for the contents, products or services of any off-site pages or of any third party websites linked to or from the Sites. Your linking to any other off-site pages or other websites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.

  1. Privacy

It is our policy to respect the privacy of visitors at our Sites. Click here to review our Privacy Policy (https://www.slamonline.com/privacy-policy/). The terms and conditions of our Privacy Policy are hereby incorporated into these Terms of Use, and these Terms of Use are incorporated into our Privacy Policy. Your use of the Sites is subject to both the Privacy Policy and these Terms of Use.

  1. Disclaimer; Limitation of Warranties

Although it is SLAM’s intention for the Sites to be available as much as possible, there will be times when the Sites or delivery of the Products or Services will be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, SLAM reserves the right to remove any Content for any reason, without prior notice.

THE SITES AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SLAM NOR ANY OF ITS EMPLOYEES, SHAREHOLDERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “SLAM PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES OR THE CONTENT; (B) THE PRODUCT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SLAM OR VIA THE SITES. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SLAM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE SLAM PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT ALL PRODUCTS LISTED, SOLD OR ADVERTISED ARE AVAILABLE; THAT ALL TRANSACTIONS WILL BE COMPLETED; THAT THE CONTENT, MATERIALS OR INFORMATION CONTAINED AT THE SITES ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE ;OR THAT THE SITES OR SERVICES OR THE SERVER OR OTHER PLATFORMS THAT MAKES THE SITES AND SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SLAM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES, SERVICES, AND  PRODUCTS IS AT YOUR SOLE RISK TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE SLAM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES, SERVICES, OR  PRODUCTS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SLAM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

THE SLAM PARTIES DO NOT ENDORSE THE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

  1. Limitation of Liability

IN NO EVENT SHALL ANY SLAM PARTY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITES, LINKS TO OR FROM THE SITES, INFORMATION POSTED ON OUR SITES, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PRODUCTS OR SERVICES. THE SLAM PARTIES WILL NOT BE LIABLE FOR ANY LOSSES YOU MIGHT SUSTAIN BY ENGAGING IN TRANSACTIONS WITH BUYERS OR SELLERS WHO YOU MEET AS A RESULT OF CLASSIFIED ADVERTISEMENTS POSTED ON ANY SITE. Some states do not allow the limitation of liability, so check local laws.

  1. Indemnity and Hold Harmless

We are not responsible for the accuracy, quality, safety, legality, intellectual property compliance, privacy policy, or content of any information, product or service offered by users, vendors, advertisers, promotional or business partners or any third-party sites, and you irrevocably waive any claim against SLAM and its officers, directors, employees, representatives, agents, licensors and licensees with respect to the same. SLAM does not guarantee such accuracy, and makes no representations regarding the use or results of use of any Content on the Sites in terms of its accuracy, reliability or any other matter. You assume the risk of their use and the entire cost of all necessary loss, servicing, repair or correction as a result of their use.

You agree to hold SLAM and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at the Sites, any transaction occurring through the Sites, the safety or quality of any Products or Services purchased or sold through the Sites, or the truth or accuracy of any claim made about such Products or Services. California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”. Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or [email protected] of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.

You also agree to indemnify, defend, and hold SLAM and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Sites, your breach of these Terms of Use or the documents that it incorporates by reference, or your violation of any law or the rights of any third party in connection with your use of the Sites.

  1. Termination of Services

We may eliminate or terminate any Content, Product, or Service posted on or made available through any of our Sites without notice to you at any time in our sole discretion. Without limiting any other remedy, SLAM reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the Site or any area of the Site, and to refuse to provide our Services to you if: (i) you breach these Terms of Use or any of the rules or eligibility requirements of the Sites or the Services offered at the Sites; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other user, the public, or us.

  1. Notices

Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the Site, you must provide all notices or complaints to SLAM via e-mail to [email protected] or mail at SLAM Media Inc, 1091 Boston Post Road, Rye, NY 10580. All notices from SLAM to you will be sent to the e-mail address you provide to us. Notice will be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. SLAM reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice will be deemed given three (3) days after the date of mailing.

  1. Arbitration

Any controversy or claim arising out of or relating to your use of the Site, or relating to these Terms of Use or the Privacy Policy, or to the Services provided by SLAM will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in New York County, New York, and judgment on the arbitration or award may be entered into any court having jurisdiction thereof. Notwithstanding the preceding sentences of this Section, SLAM may seek injunctive or other equitable relief in any federal or state court having jurisdiction in the event of your violation of these Terms of Use and/or your infringement of SLAM’s intellectual property rights or the intellectual property rights of any other person or party.

  1. Modifications to these Terms of Use

SLAM reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time, so please check the Sites periodically for changes. Changes to these Terms of Use will be effective upon posting. Continued use of the Site following the effective date of any changes to these Terms of Use constitutes your acceptance of those changes.

  1. General Provisions
  1. If any provision of these Terms of Use is held to be invalid or unenforceable, it will be stricken without affecting the validity of the remaining portions of these Terms of Use. Headings are for convenience only, and are not intended to in any way to confine, limit, construe or describe the scope or extent of such section.
  2. No Waiver. No waiver by SLAM of any breach of these Terms of Use by you will constitute a waiver of this or any other provision of these Terms of Use or alter or limit our right to act with respect to subsequent or similar breaches.
  3. Entire Agreement. These Terms of Use and the materials incorporated by reference herein, including the SLAM Privacy Policy, form the entire understanding and agreement between you and SLAM with respect to your use of the Sites and the Services offered hereunder, and may be modified only in accordance with the procedures specified herein.
  4. No Agency. You acknowledge and agree that SLAM, in providing the Sites, is not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these Terms of Use between SLAM and either you or any vendor, business or promotional partner or advertiser at the Sites.
  5. Governing Law/Venue. Your use of the Sites and any dispute arising out of or relating to your use of the Sites will be governed by the laws of the State of New York, irrespective of its conflicts of laws provisions. In the event that SLAM wises to pursue injunctive or other equitable relief as a result of your violation of these Terms of Use and/or your infringement of SLAM’s intellectual property rights, SLAM may bring legal action against you in any federal or state court having jurisdiction.

© 2021 SLAM Media Inc.