1. Ownership of Content
SMI websites 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 User Content as defined below) 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. SMI makes no representations or warranties that the Content is available, appropriate or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via the sites is owned by SMI or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from the sites does not give you title or other rights to such Content.
2. Site Security Use Restrictions
SMI takes the security of the websites seriously. Therefore, in addition to the restrictions set forth elsewhere in these Terms, you may not:
(a) interfere or attempt to interfere with the proper working of the websites or any activity or service on the websites 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;
(b) attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
(c) access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
(d) upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
(e) restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;
(f) post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use any SMI website; or
(g) link to, frame, or otherwise reproduce the sites or any other SMI website without the prior written consent of SMI.
SMI 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.
Copyright to all Content on the site is either owned by SMI or is licensed to SMI. 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 the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials 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 such material on any other website or networked computer environment is prohibited without the express written permission of SMI.
Procedures for Making Copyright Infringement Claims. Except as expressly provided above, nothing contained herein shall 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 websites, please notify our designated DMCA agent immediately at: firstname.lastname@example.org or by mail at SLAM Media, 21 w. 46th Street, Suite 504, NY NY 10036, Attention: Legal Department. DMCA Notices must be in writing and must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the site and a description of where the material that you claim is infringing is located on that site;
(d) your address, telephone number, and email address;
(e) 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;
(f) 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.
4. 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 SMI or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of SMI. 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 Content offered by, viewed on, or received through the sites or any other SMI website.
5. User Content
Some portions of our sites allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on the sites or any SMI website, you hereby grant SMI an unrestricted, transferable and sub- licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from SMI in connection with SMI’s exercise of its license rights in and to the User Content you have posted on the sites or any other SMI website. You acknowledge and agree that SMI is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
SMI has no obligation to monitor the sites or any portion thereof. However, SMI reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. SMI has no obligation to display or post any User Content. SMI reserves the right to disclose, at any time and from time to time, any information or User Content that SMI deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. SMI shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on the sites.
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.
7. Online shopping
Some portions of some SMI sites also offer e-commerce opportunities. Different sites may offer different options for visitors to purchase products or services either from SMI or from a third party (see Section 9 below concerning Third Party Sites). SMI does not guarantee that you will be satisfied with products or services purchased from us. SMI 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 SMI nor its vendors guarantee that all orders will be filled.
Subscriptions and other services requiring payment generally require use of a valid credit card. SMI 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 goods and services purchased through the sites, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.
9. Links and Third Party Sites
The websites may contain links to and from third-party sites, including but not limited to sites 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 site to be sure you understand the terms, conditions, policies and requirements of that site. SMI 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 SMI has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. SMI 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. SMI 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 SMI website. You acknowledge and agree that SMI has not reviewed all of the sites linked to or from the websites, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from the websites. Your linking to any other off-site pages or other sites 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.
10. Community Code of Conduct
Some websites operated by SMI may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on SMI websites, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. SMI does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither SMI nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.
When participating in community areas of the websites, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to SMI in accordance with these TOU. In addition to complying with the restrictions set forth in Section 2 of these TOU, you further represent and warrant that you will abide by the following rules:
(a) You will not use the websites to further any illegal purpose, to violate the rights of any party, or to damage any person or property.
(b) Except as specifically authorized on certain SMI websites and in designated classified ads sections of SMI websites, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) or e-mail such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.
(c) You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a SMI employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
(d) You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.
(e) You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”
(f) You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
(g) You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from any SMI website.
(h) You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
(i) You will not use any form of automated device or computer program that enables the submission of postings or User Content on any SMI website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
(j) You will not use a Posting Agent to post User Content to any SMI website.
(k) Without the prior written consent of SMI, you will not scrape the Site, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(l) You will not submit, display, or transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(m) You will not forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;
(n) You will not use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
(o) You will not publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
(p) You will not collect, store, publish, post, sell, transmit, or disclose personal data about other users of the
12. Limitation of Warranties
SMI PROVIDES THE WEBSITESS AND THE CONTENT, INFORMATION, PRODUCTS AND SERVICES ON OR THROUGH IT “AS IS”, AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. SMI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states may not allow the exclusion of implied warranties, so check local laws.
13. Limitation of Liability
SMI DOES NOT WARRANT THAT THE CONTENT OR SERVICES AT THE SITES OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITESS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS LISTED, SOLD OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER SMI NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS OR INFORMATION CONTAINED AT THE SITES ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE.
IN NO EVENT SHALL SMI OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER THE CONTENT, MATERIAL AND INFORMATION USED IN THE SITES 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 ACCESSING THE SITES. NEITHER SMI NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES SHALL 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 SMI WEBSITE. Some states do not allow the limitation of liability, so check local laws.
14. Classified Advertisements
Some of our websites provide a forum (such as classified advertisements) in which sellers and buyers may be connected. By engaging in transactions with buyers or sellers that you meet via one of our websites, you proceed solely at your own risk and you agree that SMI is not responsible for any losses that you might sustain as a result of your transactions with such buyers and sellers. You should not engage in any transaction with a person with whom you are not comfortable or whom you suspect might be engaged in improper or questionable conduct. Please be aware that SMI, through certain of its websites, merely provides a forum in which buyers and sellers can connect. Neither SMI nor its websites posting classified advertisements facilitate any transaction, insure any transaction, or act as an intermediary, broker, or escrow agent in connection with such buyer-seller transactions.
You should be very careful before you send money to any seller posting an advertisement on one of our sites. In particular, we urge you to use reputable and well known money-transfer services and on-line merchant account services (such as PayPal) in engaging in transactions with sellers of goods advertised on one of our websites. We urge you to proceed with extreme caution in using such money transfer services, and under no circumstances should you deliver cash to a money transfer service with instructions to disburse the funds to an alleged agent of SMI or the website on which the classified advertisement was posted. Again, neither SMI nor its websites posting classified advertisements act as a transaction intermediary or escrow agent, and you should not do business with any seller who directs you to work with an employee or agent of SMI or the applicable website in completing the transaction.
15. Indemnity and Hold Harmless
You agree to hold SMI 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 goods or services purchased or sold through the sites, or the truth or accuracy of any claim made about such goods 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@example.com 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.
16. Termination of Services
We may eliminate or terminate any Content or service posted on or made available through any of our websites without notice to you at any time in our sole discretion. Without limiting any other remedy, SMI 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 TOU 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.
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 SMI via e-mail to firstname.lastname@example.org or mail at SLAM Media Inc, 21 w. 46th St. Suite 504, NY NY 10036. All notices from SMI to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. SMI 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 shall be deemed given three (3) days after the date of mailing.
The arbitration shall 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, SMI may seek injunctive or other equitable relief in any federal or state court having jurisdiction in the event of your violation of these TOU and/or your infringement of SMI’s intellectual property rights or the intellectual property rights of any other person or party.
SMI reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check the sites or any other SMI website you use periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the site following the effective date of any changes to these TOU constitutes your acceptance of those changes.
20. General Provisions
(a) Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only, and are not intended to in anyway to confine, limit, construe or describe the scope or extent of such section.
(b) No Waiver. No waiver by SMI of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.
(d) No Agency. You acknowledge and agree that SMI, 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 TOU between SMI and either you or any vendor, business or promotional partner or advertiser at the sites.
(e) Governing Law/Venue. Your use of the websites and any dispute arising out of or relating to your use of the websites will be governed by the laws of the State of New York, irrespective of its conflicts of laws provisions. In the event that SMI wises to pursue injunctive or other equitable relief as a result of your violation of these TOU and/or your infringement of SMI’s intellectual property rights, SMI may bring legal action against you in any federal or state court having jurisdiction.
Last Update September 28, 2017
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