You are responsible for obtaining and maintaining at your own cost all equipment and services needed
for access to and use of the Services. When you register with us and each time you access the Services,
you may be providing certain information about yourself. You agree that we may use any information that
we obtain about you in accordance with the provisions of our Privacy Policy and that you have no ownership
or proprietary interest in your account other than as set out in these Terms. If you elect to register with
us, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration
form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all
times. If any information you provide is or becomes untrue, inaccurate, or incomplete, we have the right
to terminate your access to and use of your account and the Services. In addition, you agree not to use
the Services to: (a) violate any local, state, national, or international law or regulation; (b) transmit
any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libellous, invasive
of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited
or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other
form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any
other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including
revealing the real name of any fellow user that has chosen to use an alias on the Services; (f) impersonate any
person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) use any robot, spider,
rover,"scraper or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask,
extract data from, copy or distribute any data from the Services, our network or databases; (h) use any features
of the Services for anything other than their intended purpose; (i) interfere with or disrupt the Services or
servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected
to the Services; or (j) assist, permit or encourage any person to perform any of the activities described above.
User Submissions.
We do not claim ownership of any information, data, text,
software, music, sound, photographs, graphics, video, messages, tags
or other materials you submit for display or distribution to
others through the Services (collectively, "User Submissions").
As between you and us, you own all rights to your User
Submissions. However, you grant (and confirm and promise to us that you
have the right to grant) to us and our affiliates,
representatives, sublicensees and assigns an irrevocable, perpetual,
non-exclusive, sub-licensable, royalty-free and fully-paid,
licence (sublicensable through multiple tiers) throughout the
universe to use, distribute, syndicate, license, reproduce,
modify, adapt, publish, translate, publicly perform, create
derivate works and publicly display your User Submissions
(in whole or in part) in any format or medium now known or later
developed; provided, however, that our exercise of our
rights under the foregoing licence shall at all times be subject to
the limitations upon disclosure of your User Submissions
imposed on us under our Privacy Policy. You hereby irrevocably waive
(and agree to cause to be waived) any claims and assertions
of moral rights or attributions with respect to your User Submissions.
We reserve the right to display advertisements in connection
with User Submissions and to use User Submissions for advertising
and promotional purposes without any compensation to you.
These advertisements may be targeted to the content or information
stored on the Services. In consideration for us granting you
access and use of the Services, you agree that we may place such
advertisements throughout our Services. We do not pre-screen
User Submissions, and you agree that you are solely responsible
for all of your User Submissions. We are not required to
backup, host, display, or distribute any User Submissions, and may
remove at any time or refuse any User Submissions. We are
not responsible for any loss, theft or damage of any kind to any
User Submissions. You represent and warrant that your User
Submissions and our authorised use of such submissions do not and
will not infringe the rights of any third party (including,
without limitation, intellectual property rights, rights of privacy
or publicity, or any other legal or moral rights). Your User
Submissions must not violate our policies. You may not represent
or imply to others that your User Submissions are in any way
provided, sponsored or endorsed by us. You, and not we, are responsible
for any consequences of sharing personal information about
yourself on public areas of the Service, such as your home address or
the
home address of others.>
We own all rights, title, and interests in any compilation,
collective work or other derivative work created by us using or
incorporating your content (but not your original content).
When you use a feature on the Services that allows users to share,
transform, readapt, modify, or combine user content with
other content, you grant us and our users an irrevocable, non-exclusive,
royalty free, perpetual, right and licence in the universe
to use, reproduce, modify, display, remix, perform, distribute,
redistribute, adapt, promote, create derivative works, and
syndicate your content in any medium and through any form of technology
or distribution and to permit any derivative works to be
licensed under these same licence terms. The rights granted under this
section
2 will survive the termination of these Terms.
All content and materials provided on the Services are
intended for general information, general discussion, education, and
entertainment
purposes only. Do not construe that such content is either
endorsed or verified by us. The content is provided "as is," and your
use or
reliance on such materials are solely at your own risk.
Materials Published By Users Via Chorus Story Editor
If you do not have a contract with the publisher of a
property that is hosted on the Chorus Platform as a paid contributor,
but you are
given the right to publish material to one or more of the
properties on the Chorus platform for which you do not have a
contributor contract,
you are a designated “Trusted Access User” with regard to
such property(ies). As a Trusted Access User, you are voluntarily
contributing
and there are no ongoing expectations or requirements for
your contributions, except adherence to these Terms and any Community
Guidelines.
You acknowledge that you do not have any expectation of
compensation for your contributions as a Trusted Access User. Although
Vox Media
shall own the copyrights to any content you publish as a
Trusted Access User, you shall retain a perpetual, royalty-free license
to any
material you publish as a Trusted Access User and you may
use and distribute such material freely.
Copyright Infringement and Trademark Rights.
We respect the intellectual property rights of others.
Accordingly, we have a policy of removing User Submissions that violate
copyright
law, suspending access to the Services (or any portion
thereof) to any user who uses the Services in violation of copyright
law,
and/or terminating in appropriate circumstances the account
of any user who uses the Services in violation of copyright law.
Pursuant to Title 17 of the United States Code, Section 512,
we have implemented procedures for receiving written notification
of claimed copyright infringement and for processing such
claims in accordance with such law. If you believe a user of the
Services is infringing your copyright, please provide
written notice to our agent listed below for notice of claims of
copyright infringement.
Your written notice must: (a) contain your physical or
electronic signature; (b) identify the copyrighted work alleged to have
been infringed;
(c) identify the allegedly infringing material in a
sufficiently precise manner to allow us to locate that material; (d)
contain
adequate information by which we can contact you (including
postal address, telephone number, and e-mail address); (e) contain a
statement that you have a good faith belief that use of the
copyrighted material is not authorised by the copyright owner, the
copyright
owner's agent, or the law; (f) contain a statement that the
information in the written notice is accurate; and (g) contain a
statement,
under penalty of perjury, that you are authorised to act on
behalf of the copyright owner. Please do not send notices or inquiries
unrelated to alleged copyright infringement to our
designated copyright agent.
Termination.
We may terminate your membership or suspend your access to
all or part of the Services, without notice, if you violate these
Terms or you engage in any conduct that we, in our sole and
absolute discretion, believe is in violation of any applicable law
or regulation or is otherwise harmful to the interests of
us, any other user of the Services, or any third party.
You agree that Vox Media, Inc. shall not be liable to you or
any third party for removing your user submissions or suspending or
terminating your access to the Services (or any portion
thereof). You may discontinue your participation in and access to the
Services at any time. We reserve the right to investigate
your use of the Services in the event we, in our sole and absolute
discretion, believe you have violated these Terms. Upon
termination, we have no obligation to retain, store, or provide you
with any data, information or other content that you
uploaded, stored, or transferred on or through the Services, other than
as provided by law and in accordance with our Privacy
Policy. You can delete your account at any time, for any reason, with the subject "Close My Account".
Modifications To Terms.
We may, in our sole and absolute discretion, change these Terms from time to time. We may notify you of any changes by
any reasonable means, including by posting a revised version of these Terms through the Services or by emailing you
at the address you provided upon registering for an account. If you object to any such changes, your sole recourse
shall be to stop using the Services. Your continued use of the Services following notice of any such changes shall
indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To the Services.
We reserve the right to modify, suspend or discontinue all
or any aspect of the Services with or without notice to you.
Without limitation to the preceding sentence, we may
periodically schedule system downtime for maintenance and other
purposes.
You also acknowledge that unplanned system outages may
occur. The Internet site is provided over the Internet and so the
quality
and availability of the site may be affected by factors
outside our reasonable control. Accordingly, we cannot accept any
responsibility for any connectivity issues that you may
experience when using the Sites or for any loss of material, data,
transactions or other information caused by system outages,
whether planned or unplanned. You agree that we shall not be
liable to you or any third party should Vox Media, Inc.
exercise its right to modify, suspend or discontinue the Services.
Fees.
We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content
that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain
your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have
access to paid content or services. Details regarding the content or services you will receive in exchange for fees,
as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such
fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be
deemed to be a part of (and are hereby incorporated by reference into) these Terms.
Links.
We may provide links to other Web sites or Internet
resources for your convenience only, and such links do not signify
or imply our endorsement of such other Web site or resource
or its contents over which we have no control and which we
do not monitor. You use those links at your own risk and
should apply a reasonable level of caution and discretion in
doing so. You agree that we shall have no responsibility or
liability for any information, software, or materials found
at any other web site or internet resource.
Applications.
We may offer software applications to help you gain access
to our Services. In such circumstances, we grant you a personal,
non-exclusive, non-transferable, limited licence to install
such software applications solely on the devices you will use to
access the Services. You agree that we may provide you from
time to time with automatic upgrades of these applications, which
you will accept for installation. Please note that certain
retail application stores that offer our applications may have separate
sales terms that will be binding on you if you elect to
download our applications from such merchants.
For users in the United States, our software is a
"commercial item," as that term is defined in 48 C.F.R. 2.101,
consisting
of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4, all U.S. Government end users acquire the
software with only those rights set forth herein. Your use
of the software must comply with all applicable import and export
control laws and regulations of the United States and other
countries.
Restrictions and Commercial Use.
Other than as set provided for in these Terms: You may not
copy, make derivative works, resell, distribute, or make any
commercial use of (other than to keep and share information
for your own non-commercial purposes) any content, materials,
or databases from our network or systems. You may not sell,
sublicence or redistribute our software applications or
incorporate them (or any portion of them) into another
product. You may not reverse engineer, decompile or disassemble
the software or otherwise attempt to derive the source code
(except where expressly permitted by law) or the communications
protocol for accessing the Services or out networks. You may
not modify, adapt or create derivative works from the software
or remove proprietary notices in the software. You undertake
not to use the Services for any purpose that is fraudulent
or unlawful, not to interfere with the operation of the
Services. Your use of the Services must comply with our policies.
Disclaimer of Warranties.
You expressly agree that use of the services is at your
sole risk. We provide the Services on an "as is" and
"as available" basis. We expressly disclaim all warranties
of any kind, whether express or implied, with respect
to the Vox Media, Inc. network (including, but not limited
to, the implied warranties of merchantability, fitness for a
particular use or purpose, and non-infringement). Vox Media,
Inc. makes no warranty that the Vox Media, Inc. network will meet
your requirements, or that the services will be
uninterrupted, timely, secure, free of viruses or other harmful
components or error free, or that defects will be corrected.
You acknowledge that access to data (including, but
not limited to, documents, photographs, and software files)
stored by you or others on the Services is not guaranteed
and that we shall not be responsible to you for any loss of
data caused by the Services or their unavailability. We make
no warranty as to the results that may be obtained from the
use of the Services, or as to the accuracy or reliability
of any information obtained through the Services, or that
defects in the Services will be corrected. you understand
and agree that any material and/or information downloaded or
otherwise obtained through the use of the Services is
done at your own discretion and risk and that you will be
solely responsible for any damage arising therefrom.
No advice or information, whether oral or written, obtained
by you from Vox Media, Inc. or through the Services shall
create any warranty not expressly made herein.
You represent and warrant to us
that execution, delivery and performance of any aspect(s) of
these terms will not violate any law, ordinance,
charter, by-law or rule applicable to you, or any other
agreement by which you are bound or by which any of your or their assets
are affected.
Limitations of Liability.
Nothing in these Terms shall limit or exclude our liability
for: (i) death or personal injury resulting from our negligence;
(ii) fraud or fraudulent misrepresentation; or (iii) any
other liability that cannot be excluded or limited under English law.
We are responsible for loss or damage you suffer that is a
foreseeable result of our breaching these Terms or our failing to
use reasonable care and skill. However, you understand that
to the extent permitted under applicable law, in no event will we
or our officers, employees, directors, shareholders,
parents, subsidiaries, affiliates, agents, subcontractors or licensors
be liable under any theory of liability (whether in
contract, tort, statutory, or otherwise) for any unforeseeable,
indirect,
incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of revenues, profits,
business, business interruption, business opportunity
goodwill, use, data or other intangible losses (even if such parties
were
advised of, knew of or should have known of the possibility
of such damages), resulting from your (or anyone using your account's)
use of the Services. We will not be liable for damages which
you could have avoided by following our advice, including to apply
an update, patch or error correction offered to you free of
charge or to have in place the minimum system requirements advised
by us. We will not be liable or responsible for any failure
to perform, or any delay in the performance of, any of our
obligations under these Terms that is caused by any event or
circumstances beyond our reasonable control, including any
failure of public or private telecommunications networks or
any delays or latency due to your physical location or your
wireless data service provider’s network. Unless otherwise
provided by applicable law, in no event shall our liability
to you exceed the amount of fees you paid us (if applicable)
for a period of three months prior to the date you submit
a claim.
Exclusions and Limitations.
>Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or exclusion of liability for
incidental
or consequential damages. Accordingly, some of the above
limitations and disclaimers may not apply to you. To the extent that
we may not, as a matter of applicable law, disclaim any
implied warranty or limit its liabilities, the scope and duration of
such warranty and the extent of our liability shall be the
minimum permitted under such applicable law.
Indemnification.
You agree to indemnify, defend, and hold harmless us, our
parents, subsidiaries, affiliates, officers, directors, employees,
consultants, subcontractors and agents from and against any
and all claims, liabilities, damages, losses, costs, expenses,
fees (including reasonable attorney fees) that such parties
may incur as a result of or arising from your (or anyone using
your accounts) violation of these Terms. We reserve the
right, at our own expense, to assume the exclusive defence and
control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with our
defence of such claim.
Trademarks & Patents.
"Vox Media, Inc.," the Vox Media, Inc. design, our site
names and logos, as well as certain other names, logos, and materials
displayed in the Services constitute trademarks, trade
names, service marks or logos ("Marks") of us or other entities. You
are not authorised to use any such Marks. Ownership of all
such Marks and the goodwill associated therewith remains with us
or those other entities.
Copyrights; Restrictions on Use.
The content on the Services (the "Content"), including
without limitation, video, text, photos, and graphics,
is protected under United States and international copyright
laws, is subject to other intellectual property and proprietary
rights and laws, and is owned by us or our licensors. Other
than with respect to your own User Submissions: (a) the Content
may not be copied, modified, reproduced, republished,
posted, transmitted, sold, offered for sale, or redistributed in any
way without our prior written permission and that of our
applicable licensors; and (b) you must abide by all copyright notices,
information, or restrictions contained in or attached to any
Content. We give you a personal, revocable, non-assignable,
non-sublicensable and non-exclusive right to access and use
the Services in the manner permitted by these Terms. You acknowledge
that you have no right to have access to all or any part of
the Services in source code form.
Electronic Notices.
You agree to transact with us electronically. Your affirmative act of registering, using or logging into the
Services constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via
e-mail if you have provided us with a valid email address or (2) by posting the notice on a website designated by us
for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read
the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by
discontinuing your use of the Service.
No comments