Terms of Use

Terms Of Use

User Agreement: Your Use Of This Site

Attitude Media, Inc.  (“AM”) (whether directly or indirectly) owns and operates, amongst others, the attitudemedia.com website, and various related websites (collectively, “AM Websites” and individually, “Site”). By using or browsing any of the AM Websites, you acknowledge that you have read, understood and agree to be bound to these Terms and Conditions and all applicable laws and regulations. If you do not agree to be bound by these Terms and Conditions, then you must not use this Site. We may change these Terms and Conditions at any time and without any notice and by using this site, you agree to visit periodically this page to review these Terms and Conditions. By using this Site after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.

Privacy

Please review our Privacy Policy, which also governs your visit to this Site and which is incorporated into the Terms and Conditions.

Site Contents

This Site and the content of this Site is determined solely by AM. All materials, including images, databases, art, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of this Site (collectively, the “Contents”) are owned exclusively (either directly or indirectly) by AM, an individual who has assigned the respective rights to AM, or some other entity who is providing content through agreement with AM, including through the Contributors program.  The Contents are protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by AM or its partners. Any rights not expressly granted in the Terms and Conditions are reserved for AM.

Attitude Media, and other AM marks, logos and designs appearing on any of the AM Websites are the exclusive trademarks and service marks (either directly or indirectly) of AM.

All other trademarks and service marks appearing on any of AM’s Websites that are not owned by AM may be the property of their respective owners.

Use of Site; Restrictions

This Site and its Contents may be used solely for your own personal, non-commercial use. Any other use of the Site or the Contents is strictly prohibited, including, without limitation, modification, including use of software designed to show only portions of the pages, removal, deletion, transmission, publication, distribution, proxy cashing, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination except as provided in instructions on the site or otherwise without the express written permission of AM. You may not use any framing techniques to enclose AM content nor use any meta tags or other hidden text without our prior written consent. You may link to any publicly available portion of the Site as long as you do so without modifying the Site in any way.

Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.

You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents that is designated for downloading, for your personal use only but you may not alter the Contents in any way, including, without limitation, removing or modifying any copyright, trademark or other ownership notices. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material.

No Creation of Services Relationship

The information provided on this Site is for informational purposes only and does not create a business or professional services relationship between you and AM.

Online Conduct

You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, or any other material that could give rise to civil or criminal liability under the law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information): (1) to satisfy a law, regulation, or court order; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the intellectual property rights of AM or Site users.

Comments/Submissions

Submissions; Monitoring. The AM Websites enable you to post comments and other content (“Submissions”). We do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure that inaccurate, offensive, threatening, defamatory, or otherwise objectionable user generated content will not appear on the AM Websites. However, you acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Submission that you post to the AM Websites, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission.

Accuracy of Information. In order to make use of certain functionality on the AM Websites, you will need to provide us with certain of your personally identifiable information (“PII”), such as your name and email address. You agree to provide us with accurate, complete, and current information at all times. You agree to notify AM immediately if you learn of any unauthorized use of the AM Websites that includes your account information or affects in any way your use of the site or the confidentiality of your personal information. You agree that AM has the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests and the privacy of user data.

Restrictions. By posting a Submission to the AM Websites, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is not defamatory or libelous. Furthermore, you agree not to post or otherwise submit to the Website any Submission that:

  1. is fraudulent;
  2. is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the AM Websites, services connected to the AM Websites, or otherwise interferes with operations or services of the AM Websites in any way;
  3. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
  4. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming,” or solicits PII from other visitors to the AM Websites;
  5. promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. violates a person’s rights of publicity and/or privacy; or
  7. violates any applicable local, state, national, or international law.

You acknowledge that Submissions posted to the AM Websites may be subject to size, file type, and usage limitations, and that you are responsible for adhering to such limitations.

Grant of License to Submissions. By posting Submissions to the Website, you automatically grant, and represent and warrant that you have the right to grant, to AM, an exclusive, perpetual, irrevocable, (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No Submissions shall impose any obligation on AM, except as such obligations are explicitly noted on the Site, and AM shall not be liable for any use or disclosure of any such Submissions.

Intellectual Property

All content (including without limitation any pictures, logos, images and text, business ideas, and databases) appearing on the Website is the property of AM or its licensors or suppliers and is protected by copyright, trademark or patent laws of the United States and other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.

Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on any of the AM Websites in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the AM Website including the related url; your address, telephone number, and e-mail address; a written 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 Fair Use provisions of copyright law; 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 are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon AM actual knowledge of facts or circumstances from which infringing material or acts are evident. We suggest that you consult your legal advisor before filing a notice with AM’s copyright agent because there can be penalties for false claims under the DMCA.

Accuracy of Information

AM uses reasonable efforts to furnish accurate and up-to-date information, but we do not guarantee that any information contained in this Site is accurate, complete, reliable, current, or error-free or that the Site will be free from viruses. We also are not responsible for any errors or omissions in this Site. Although we may modify the Contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavor to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on this Site is entirely at your own risk and AM will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of this Site.

Links to Third Party Sites

Links on this Site may lead to services or sites not controlled or operated by AM. We provide these links for your convenience and information. In some cases the links may be a part of affiliate programs from which AM derives commission based revenue.  Links are not an endorsement of the site or service. We assume no responsibility or liability, directly or indirectly, for other sites or services, or for any product which is purchased at those sites. Any use you make of any site or service linked to by this Site is entirely at your own risk and subject to the policies and procedures of such sites.

Disclaimer of Warranties; Limitations of Liability

THIS SITE AND ITS CONTENTS ARE PROVIDED BY AM “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED. AM EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL AM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF AM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON. AM WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE OR YOUR USE OF ANY EQUIPMENT OF SOFTWARE IN CONNECTION WITH THIS SITE.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless AM from any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions, your use of the Site or your violation of any rights of a third party.

Remedies for Violations

AM reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular IP address, to invalidate any points earned as part of the AM rewards program (aka Medici Patrons program) or content contributors incentives program.

Feedback and Other Suggestions

All feedback, ideas and other suggestions submitted by you through this Site will be treated as non-confidential and non-proprietary and may be disclosed or used by AM for any purpose whatsoever, without any obligation to compensate you, except as explicitly detailed on the Site. All personal data provided to AM will be handled in accordance with our Privacy Policy.

Applicable Laws; Exclusive Jurisdiction

This Site and the Contents are displayed solely for the purpose of promoting AM’s services available throughout the world. This Site is controlled and operated by AM from its offices in the United States. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms and Conditions and your use of this Site will be governed by the laws of the United States, without regard to any conflict of law provision. You agree to receive service of process through e-mail, certified mail, or by other means sanctioned by law and to waive any claim of improper venue or any claim that such courts are an inconvenient forum and you submit to personal jurisdiction in the United States and agree that any cause of action arising under these Terms and Conditions will be tried and litigated exclusively in the courts of the United States, in a jurisdiction chosen by AM. Our failure to enforce any rights under these Terms and Conditions will not constitute a waiver of any terms or conditions of these Terms and Conditions.

Dispute Resolution

Any claim or controversy related to these Terms and Conditions or relating to this Site (with the exception of injunctive relief sought by AM), will be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. The location of arbitration will be at a location within the United States selected by AM. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

Miscellaneous

If there is a determination that any provision of these Terms and Conditions is invalid or unenforceable, that determination will not affect the rest of these Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

You agree that this Agreement may be automatically assigned by AM, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

Contact

In the event of any question relating to this Site, please email us at help@attitudemedia.com.