OUR COMPANY NAME owns and operates the Dirt Digest Magazine site located at dirtdigestmagazine.com and other websites and mobile applications or platforms on which these terms and conditions of use appear (collectively, including all content, “Website”). Your continued access and use of the Website is conditional on your acceptance and compliance with the terms and conditions of use set out below (this “Agreement”). This Agreement will govern your use of any new or existing Website features (together, the “Services”). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMERS, OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, AND BINDING ARBITRATION.
By accessing, browsing, using and/or downloading the pages in this Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse, or otherwise use this Website.
OUR COMPANY NAME reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates prospectively from the date of notice of such changes. Such changes, modifications, additions, or deletions will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. You agree to regularly review this Agreement and to be aware of such revisions. Your use of this Website following any such change constitutes your agreement to follow and be bound by this Agreement as changed.
Grant and Restrictions on Use
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively, the “Content”) comprised in the Website, excluding any User Submissions as defined below (“Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by OUR COMPANY NAME. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to OUR COMPANY NAME.
In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. By creating an account, you represent and warrant that the information you provide is true and that you will keep it up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You must notify OUR COMPANY NAME immediately of any breach of security or unauthorized use of your account. Although OUR COMPANY NAME will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of OUR COMPANY NAME or others due to such unauthorized use.
To register for the Website you may be required to provide certain personal information including your name and email address. You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.
You are also prohibited from:
(i) using the Website to send or post harassing, abusive, or threatening messages;
(ii) transmitting through the Website any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers;
(iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information.
(iv) disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants.
(v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content.
(vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website.
(vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism.
(viii) posting User Submissions or using the Website in such a way that damages the image or rights of OUR COMPANY NAME, other users or third parties.
(ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Site Content in whole or in part, including, without limitation, creating any frames at any other Websites pertaining to any portions of this Website.
User Submissions and Conduct
As a Website account holder or user you may submit textual content, photos, video, and other materials on the Website (collectively referred to as “User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize OUR COMPANY NAME to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement. You agree that you will not impersonate any person or organization, including without limitation, the personnel of OUR COMPANY NAME, or misrepresent an affiliation with another person or organization. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret, confidentiality agreement, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant OUR COMPANY NAME all of the license rights granted herein. You represent and warrant that OUR COMPANY NAME use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to OUR COMPANY NAME, you hereby grant OUR COMPANY NAME a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the User Submissions in connection with the Website and OUR CO. NAME business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any and all media formats and through any and all media channels now known or hereafter devised, without any compensation or payment of royalties. This license includes the right to host, index, cache, distribute, and tag any User Submissions, as well as the right to sublicense User Submissions to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the Website a perpetual, irrevocable, non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement.
Release and Indemnity
OUR CO. NAME does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. You also acknowledge and agree that you, and not OUR CO. NAME are entirely responsible for your User Submission and that OUR CO. NAME does not control the User Submissions posted on the Website, as such, does not guarantee the accuracy, integrity or quality of such User Submission. You understand that by using or viewing the Website, you may be exposed to content that is offensive, indecent or objectionable. OUR CO. NAME expressly disclaims any and all liability in connection with User Submissions.
Due to the volume of responses, it may not be possible for us to respond to or publish every User Submission made to the Website.
If you are the owner of intellectual property rights you believe have been infringed by a user on our website, please complete our Proprietary Rights Complaint Form.
Access and Account Termination
OUR CO. NAME reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user’s access to its Website, at any time in its sole discretion, with or without cause and without notice to you.
App Platform Users
The use of the app version of the Website requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the app, including without limitation, administrative messages, service announcements, diagnostic data reports, and app updates, from OUR CO. NAME, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the app. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the app, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the app.
OUR CO. NAME may, at its discretion, automatically download app updates to your device from time to time. You agree to accept these app updates, and to pay for any costs associated with receiving them. The app may not work with all devices or all mobile carriers. OUR CO. NAME makes no representations that the app will be compatible with or provided by all mobile carriers. In the event that fees are charged for the app, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Users of the Apple Platform
If you download and use our iPhone or iPad app: You, the end-user of this app, acknowledge that this agreement is entered into by and between OUR CO. NAME and its affiliates, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the app, the Website, the Services, and/or the Content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the app. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. This agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the app is considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. In the event of any failure of the app to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the app (including, without limitation, a third party claim that the app infringes that third party’s intellectual property rights) or your use or possession of the app, including but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Access to Site
While OUR CO. NAME endeavors to ensure that this Website is available at all times, OUR CO. NAME will not be liable if, for any reason, this Website is unavailable at any time or for any period.
THE MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS WEBSITE OR ANY INFORMATION OR SOFTWARE THEREIN. OUR CO. NAME DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE, SERVICES, CONTENT, SITE CONTENT, USER SUBMISSIONS, WILL BE AVAILABLE OR ERROR FREE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OUR CO. NAME, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF OUR CO. NAME OR THAT PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, NOR SHALL OUR CO. NAME BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR CO. NAME REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL OUR CO. NAME OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF OUR CO. NAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR COMPANY NAME’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Governing Law and Attornment
This Agreement is governed by and will be construed in accordance with the laws of Illinois. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THIS AGREEMENT NOT SUBJECT TO THE ARBITRATION PROVISION SET FORTH HEREIN WILL BE INSTITUTED ONLY IN A LOCAL, STATE , OR FEDERAL COURT LOCATED IN COOK COUNTY, ILLINOIS. YOU AND OUR CO. NAME AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions, or agreement herein contained.
Third Party Links
The Website may contain links to third party websites that are not owned or controlled by OUR CO. NAME. OUR CO. NAME has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, OUR CO. NAME will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve OUR CO. NAME from any and all liability arising from your use of any third-party website.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.