Effective Date: June 1, 2013
Use of the Site
You may use this Site solely for personal and non-commercial purposes.
All applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject still apply. If you want to use the Site in any other manner, you are required to obtain a separate agreement between you and Number Magazine or our prior written consent.
The Site contains information on businesses, establishments, public services and other third parties, as well as news, feature stories, images, video, audio and other materials. The Site may provide you with other ways to access and use such information and materials—for instance, we give you the option to receive our emails and bookmark our items in other social networking services. Number Magazine makes no guarantee that such information is accurate and your use of the information we provide is at your own risk. You agree that you will not hold Number Magazine liable for any inaccurate, incomplete, outdated or missing information on the Site.
Your License to Number Magazine
Number Magazine expects all of its users to be respectful of others. This means that you should act in a civil manner and refrain from personal attacks.
By using the Site, you agree that you will not hold Number Magazine responsible or liable for any Content from other users that you access on the Site.
You are solely responsible for the Content that you post on the Site or transmit to other users. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
- contains 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;
- or, contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
When using the Site, you will be exposed to Content from a variety of sources and that Number Magazine is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. By using Number Magazine you acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable. If you object to this possibility, you should not use the Site.
Termination of Access
In order to provide you with relevant information, the Site may contain links to other websites not maintained by us. The links may include listings that provide you with further information, or links that have been included in materials uploaded to the Site by a party other than Number Magazine. Be aware when you leave our Site and read the terms and conditions and privacy statements of each and every website you visit. We are not responsible for the practices or the content of such other websites or services. Despite any links that might exist on the Site, we do not endorse and are not affiliated with such third parties.
Our Proprietary Rights
The Site, including all content made available on or accessed through the Site, is provided “as is” and we make no representations or warranties of any kind whatsoever for the content on the Site. Further, to the fullest extent permissible by law, we disclaim any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose. We do not warrant that the functions contained in the Site or any materials or content contained therein will be completely secure, uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. We shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein provided by third parties. In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any direct, indirect, special, incidental, or other consequential damages, lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, each of which is hereby excluded by agreement of the parties regardless of whether or not we have been advised of the possibility of such damages.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Site during the prior twelve (12) months or (ii) ten dollars ($10).
Any claims asserted by you in connection with the Site must be asserted in writing to Number Magazine within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Site by third parties not within our control. That is to say, we can’t control what other people post. We are under no obligation to scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others, and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.
If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please let us know about copyright issues by sending all DMCA notices to our designated agent as follows: www.numbermagazine.com/copyright
Waiver and Remedies