PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The saperemagazine.com Web site (the “Web Site” or “saperemagazine.com”) is provided by SAPERE Magazine (“SAPERE”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by SAPERE. By using this site, you are deemed to have agreed to these terms and conditions of use. SAPERE may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on saperemagazine.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, your only recourse is to immediately discontinue the use of this site.
This Web Site and any communications service, including the capability to contribute material (each such submission, a “Contribution”) or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, SAPERE reserves the right to terminate your subscription and refuse any and all current or future use of the Services. Without limitation of the foregoing, you agree to not use the Web Site or Services to:
· Post, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
· “Stalk” another;
· Post, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
· Harm minors in any way;
· Impersonate any person or entity, including, but not limited to, a SAPERE official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
· Post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· Post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
· Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
· Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
· Intentionally or unintentionally violate any applicable local, state, national or international law.
RESTRICTIONS ON USE OF MATERIAL
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site in modifying, copying, publishing, displaying, transmitting, adapting or in any way exploiting the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at firstname.lastname@example.org. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web Site.
Contributor’s GRANT OF LIMITED LICENSE
By communicating with SAPERE, including submitting or sending Content, a Contribution or other information or material to saperemagazine.com, you grant SAPERE the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, , ideas, concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a SAPERE Magazine feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to SAPERE. You also warrant that any “moral rights” in posted materials have been waived.
INTELLECTUAL PROPERTY RIGHTS
All materials contained in this Web Site are the copyrighted property of SAPERE Magazine and its affiliates or licensors. As between SAPERE and you, SAPERE is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except for “Contributors”, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
LIMITATION OF LIABILITY
IN NO EVENT WILL Sapere Magazine, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF Sapere Magazine OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Sapere Magazine’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
COPYRIGHTS AND COPYRIGHT AGENT
We respect the intellectual property rights of others, and require that the people who use the saperemagazine.com Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to email@example.com: – Your name, address, telephone number, and e-mail address; – A description of the copyrighted work that you claim has been infringed; – A description of where the alleged infringing material is located; – A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; – An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and – A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may be able to link to third parties’ Web Sites (“Linked Sites”) from the SAPERE Magazine Web Site. Linked Sites are not, however, reviewed, controlled, or examined by SAPERE in any way and SAPERE is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply SAPERE’s endorsement of or association with the Linked Sites. In no event shall SAPERE be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. SAPERE reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES. Permission must be granted by us for any type of link to saperemagazine.com. To seek our permission, you may write to SAPERE Magazine. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Saperemagazine.com is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. SAPERE may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.