Terms of use

LEGAL POLICY, DISCLAIMER, AND TERMS OF USE

 

Alternative Press Magazine, Inc. (“AP Magazine”) operates this web site and your use of it is subject to these terms and conditions. YOUR USE OF THIS WEB SITE MEANS THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ THEM.

From time to time, AP Magazine may modify these terms and conditions, so please check back from time to time. As long as you use this web site, then you agree to be bound by the current terms and conditions posted on this web site.

 

THIRD PARTY MATERIAL ON THE AP MAGAZINE WEB SITE

There may be material and stuff on this web site that is not owned by AP Magazine, but is instead owned by third parties. This stuff could include, but is not necessarily limited to, photographs, music and other audio, including, but not limited to, conversations with musicians, videos, trademarks, and artwork (collectively, the “Third Party Stuff”). Much of the Third Party Stuff, if not all of it, is protected by copyright and other laws. You are permitted only to use the Third Party Stuff for your own personal use. You may not use it for any other purpose and if you have any desire to use it for another purpose, please contact the owner of the Third Party Stuff to seek permission.

Also, if you print out any of the photographs for your own personal use, if there is a copyright notice included on the materials, then you must also include that copyright notice on your print-out.

In all cases, you may never reproduce, distribute, publicly or perform or display, and/or circulate any of the Third Party Stuff publicly without getting prior permission from the owner of the materials.

From time to time AP Magazine may provide links to other web sites through this web site. It is important for you to realize that the web sites that are linked from this web site are not under the control of AP Magazine. Thus, AP Magazine cannot and does not assume any responsibility or liability for any material that is posted on, or that is made available through, such linked web sites. Once you land on a web site or web page that is linked from this web site, you must look for that web site’s terms and conditions and privacy policy. You are responsible and liable for any dealings and communications you may have with any web sites linked from the AP Magazine web site, as well as the parties who are affiliated with them.

 

THE MOSH PIT

The “Mosh Pit” is a public forum offered as a part of this web site. If you choose to post any information through the Mosh Pit (“Your Stuff”), you must ensure that Your Stuff does not violate any other rights. In other words, you are not permitted to post on, or otherwise transmit through, the Mosh Pit any stuff that infringes anybody’s intellectual property rights, including, but not limited to, anybody’s rights of publicity or copyright or privacy or trademark. In addition, you are not permitted to post Your Stuff if any portion of it is untrue, abusive, harassing, or unlawful in any manner. Be respectful. You are prohibited from subjecting this web site to computer viruses or worms or similar bad stuff. You are only permitted to use this web site for lawful purposes and for non-commercial purposes. If you want to use the AP Magazine web site for commercial purposes, please ask for our permission, which we may give or withhold in our discretion.

If you post Your Stuff in or through the Mosh Pit, then realize that you are giving us the right to post and use Your Stuff without any payment for as long as we wish.

Also, despite our admonishment to you to only post legal stuff, should any of Your Stuff posted or supplied by you be deemed by us or our legal counsel to be illegal, harmful, or offensive, then we have the right to take it down without explanation to you.

 

INDEMNIFICATION

You agree to indemnify and hold AP Magazine harmless from any claim or demand, including attorneys’ fees, made by any third party as the result of (1) any content, including, but not limited to, any portion of Your Stuff, posted or made available through the AP Magazine web site, (2) any violation of law that occurs by you through this web site, and/or (3) anything you do using this web site, including, but not limited to, the use of Your Stuff or any Third Party Stuff or any products and/or services provided through this web site.

 

GOVERNING LAW AND OTHER GENERAL LEGAL STUFF

Your use of this web site will be governed by Ohio law and you agree to submit to the jurisdiction of courts in Ohio if any dispute arises as a result of your use of the AP Magazine web site. If any provision of these terms and conditions is held invalid or unenforceable in whole or in part in any jurisdiction, then that provision will be deemed to be ineffective in such jurisdiction (and without affecting the effectiveness of the remaining provisions). You hereby acknowledge that these terms and conditions/terms of use represent the entire understanding between you and Alternative Press Magazine, Inc. concerning your use of this web site, and the content, goods and services available on this web site.

 

AP MAGAZINE DISCLAIMS ANY AND ALL WARRANTIES

Any and all products or services or materials offered through the AP Magazine web site (collectively, “Our Stuff”) are provided in an AS IS and on an AS AVAILABLE basis and without any warranty of any sort. If you use the services and purchase any products provided by this web site, you do so at your own risk.

AP MAGAZINE EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE AP MAGAZINE WEB SITE, AND/OR THE CONTENT, GOODS, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE.

YOU ACKNOWLEDGE THAT YOU ARE USING AND VISITING THE AP MAGAZINE WEB SITE AT YOUR OWN RISK. AP MAGAZINE DOES NOT PROMISE OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES OR THAT ANY VISITOR’S OR CUSTOMER’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

AP MAGAZINE DOES NOT MAKE ANY PROMISES OR WARRANTIES THAT OUR STUFF OR ANY CONTENT POSTED ON THIS WEB SITE, OR ANY PART OF IT, IS RELIABLE OR CURRENT.

AP MAGAZINE CANNOT AND DOES NOT MAKE ANY GUARANTEES AS TO THE RESULTS YOU WILL HAVE BY USING THIS WEB SITE, OR BY USING ANY OF THE GOODS AND/OR SERVICES THAT ARE AVAILABLE THROUGH THIS WEB SITE.

ALTERNATIVE PRESS MAGAZINE, INC. HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.

 

LIMITATION OF LIABILITY

ALTERNATIVE PRESS MAGAZINE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, ARISING FROM OR OUT OF THE USE OF THIS WEB SITE.

NEITHER AP ALTERNATIVE PRESS MAGAZINE, INC., NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, OR MAINTENANCE OF THE AP MAGAZINE WEB SITE, WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF E-MAILS OR DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, WORMS, OR OTHER TECHNICAL BAD STUFF, THAT RESULT FROM YOUR USE OR INABILITY TO USE THE AP MAGAZINE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, HARDWARE, SOFTWARE, OR NETWORK FAILURE, UNAUTHORIZED ACCESS, THEFT, THE NEGLIGENCE OF AP MAGAZINE OR THE DEVELOPER OF THIS WEB SITE, OR EVEN YOUR OWN ERRORS AND/OR OMISSIONS, AND/OR ANY OTHER CAUSE, EVEN IF AP MAGAZINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES TO ALL PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE AP MAGAZINE WEB SITE.
 

COPYRIGHT AGENT FOR NOTICE OF INFRINGEMENT

Alternative Press Magazine, Inc. respects the intellectual property of others, and we ask the users of this web site to do the same. Users of this web site are required to honor the protection given under copyright laws. Repeat infringers of the intellectual property rights of others will be denied the privileges that are made available to users in connection with this web site, and may be denied access to this web site. This applies to any material posted through this web site, including, but not limited to, any materials posted or made available through the Mosh Pit.

Pursuant to the Digital Millennium Copyright Act, United States Code, Section 512, Alternative Press Magazine, Inc. has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this web site.

Accordingly, if you believe that your work has been reproduced on this web site and that it constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide written notice to Alternative Press Magazine, Inc.’s designated agent in accordance with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. Section 512.

A notice of claimed infringement must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and

2. A description of the copyrighted work or other intellectual property that you claim has been infringed; and

3. A description of where the material that you claim is infringing is located on the web site; and

4. Your address, telephone number, and e-mail address; and

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Alternative Press Magazine, Inc.’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Mike Shea, c/o Alternative Press Magazine, Inc., 1305 West 80th Street, Suite 2F, Cleveland, Ohio 44102-1996

By phone: (216) 631-1510

By fax: (216) 631-1016

By e-mail: publisher@altpress.com


 

 


 

 

Doc 1347861 Ver 1