Terms and Conditions
Welcome to the Contribute Magazine website. These terms, conditions and any notices, including those available by hyperlink (the "Terms"), will apply to the www.ContributeMedia.com website and other related websites where these Terms appear in the footer of the page (the “Sites”) and to all services provided to you via the Sites.
These Terms are effective on December 4, 2007 for current users, and upon acceptance for new users.
Using the Sites
In order to access some features of the Sites, you will have to create or register for an account. You may never use another's account without permission. When creating or registering for your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password and access information secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although Contribute Magazine Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Contribute Magazine Inc. or others due to such unauthorized use. We reserve the right to cancel your user account at any time in our sole discretion.
Contribute Magazine Inc. does not claim ownership of any materials you submit to the Sites (including feedback, comments, and/or suggestions) or post, upload, input or submit to the Sites for review by the general public, or by the members of any public or private community (“Submission”). By posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are warranting to us that you have the right to do so, and are granting us a worldwide, non-exclusive, assignable, sub-licensable, royalty-free, perpetual license to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content; the right to use, reproduce, distribute (through multiple tiers) your Submission in connection with the operation of our business, including, without limitation, the license rights to cache, copy, distribute, transmit, publicly display, publicly perform and reproduce your Submission as part of the Sites, in all media, including, but not limited to, mobile devices, as well as unknown new media hereinafter developed; and to publish your name in connection with your Submission.
Contribute Magazine Inc. cannot and will have no obligation to pay you any compensation with respect to such use of your Submission, and is under no obligation to post or use any Submission you may provide. As mentioned above, we may remove any Submission at any time in our sole discretion. You may request that we remove your Submission for any reason on reasonable written notice to us, on receipt of which we will take commercially reasonable steps to comply.
You agree not to use the Sites for any purpose that is unlawful or prohibited by these Terms. While using the Sites, you agree that you will not:
Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Sites without our written permission.
Interruptions or Discontinuation of Access to the Sites
Contribute Magazine Inc. reserves the rights at any time and from time to time to modify, suspend, discontinue or permanently remove the Sites or services offered on the Sites, or any portions thereof, with or without notice to you.
You agree that upon termination of your access to the Sites under any provision of these Terms, we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sites. Further, you agree that Contribute Magazine Inc. shall not be liable to you or any third party for any termination of your access to the Sites. If you cancel your account for any reason, Contribute Magazine Inc. will not refund any amounts paid to date, except as expressly provided in these Terms.
Abusing the Sites
We work very hard to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, Contribute Magazine Inc. may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. Contribute Magazine Inc. also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Third Party Content
Fees and Services
While joining the Sites is free, we may charge fees for using some services or viewing some content on the Sites. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us or retaining collection agencies and legal counsel.)
Liability and Damages
You will not hold us responsible for other users' actions or inactions, including things they post. To the extent permitted by law, we provide all services, products and information on an "as is" basis and does not make any warranties, express or implied, representations or endorsements with regard to the sites, merchants, listings or other information on the sites. Contribute Magazine Inc. has no control over and does not guarantee the truth or accuracy of postings by third-parties.
The information and services included in or available through the Sites may include inaccuracies or typographical errors. Changes are periodically made to the sites and to the information therein. Contribute Magazine Inc. and/or our authorized agents may make improvements and/or changes in the sites at any time. Contribute Magazine Inc. and/or our authorized agents make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the sites for any purpose. All such information, products, services and related graphics are provided "as is" without warranty of any kind. Contribute Magazine Inc. is not obligated to and will not provide technical support.
Contribute Magazine Inc. and/or our authorized agents hereby disclaim all warranties and conditions with regard to the Sites, and all related software, products, services and graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. No oral or written information or advice given by Contribute Magazine Inc., our agents or employees shall create a warranty or in any way increase the scope of any warranty provided herein. You specifically agree that Contribute Magazine Inc. shall not be responsible for unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received. You agree that Contribute Magazine Inc. shall not be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. Contribute Magazine Inc. shall not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites.
In no event shall Contribute Magazine Inc., our officers, directors, employees, contractors, affiliates, suppliers, subsidiaries, parent company or agents be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits, arising out of or in any way connected with the use or performance of the Sites, with the delay or inability to use the Sites or related services, the provision of or failure to provide services, or for any information, products, and related graphics obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, negligence, strict liability or otherwise, even if Contribute Magazine Inc. or any of our authorized agents have been advised of the possibility of damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
The Sites may be viewed or used outside the United States of America, but Contribute Magazine Inc. makes no representation that these materials are appropriate or available for use there.
Regardless of any of the foregoing, if Contribute Magazine Inc. is found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
You agree to indemnify and hold us (and our successors, parents, subsidiaries, affiliates, officers, directors, agents, joint venturers, employees and attorneys) harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your breach or claimed breach of these Terms, or your violation or claimed violation of any law or the rights of a third party.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Intellectual Property Rights
Unless otherwise stated herein, information on the Sites belongs to Contribute Magazine Inc. or we have secured the right to use it on the Sites. The contents of the Sites may not be reproduced, distributed, transmitted or used in any way for public or commercial purposes. Use of the Sites or any of the related services does not allow you to infringe those rights or the rights of the third parties which may exist in material on the Sites. No license is expressly or impliedly granted within or as a result of your use of the Sites or any of the related services.
Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels on the Sites.
Resolution of Disputes
If a dispute arises between you and Contribute Magazine Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Contribute Magazine Inc. agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. Contribute Magazine Inc. will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- submit material that is copyrighted, protected by trade secret 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 to post the material and to grant us all of the license rights granted herein;
- submit material (including personal information) that is false, inaccurate, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, ethnically or otherwise offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as may be determined by us, or contrary to our policies and procedures.
- use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
- fail to deliver payment for your purchases on the Sites;
- circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- transfer your account (including feedback) and User ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Sites, or the interests or property of our users;
- copy, modify, or distribute content from the Sites and any of Contribute Magazine Inc.’s copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
- use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Any claim or cause of action arising out of or related to use of the Site or the content or the Terms must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred.
Contribute Magazine Inc. is located at 630 Fifth Avenue, Suite 1776, New York, NY 10111.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Contribute Magazine Inc. as a result of this Agreement or use of the Site. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.
If any provisions of these Terms are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, Contribute Magazine Inc. may assign these Terms in accordance with the Notices Section. Headings are for reference purposes only and do not limit 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. Contribute Magazine Inc. does not guarantee we will take action against all breaches of these Terms.
Contribute Magazine Inc. may amend these Terms at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. These Terms may not be otherwise amended except in a writing signed by you and us. These Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
- Law and Forum for Disputes - These Terms shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Contribute Magazine Inc. must be resolved by a court located in New York county, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Contribute Magazine Inc. may recover attorney’s fees and costs up to $1000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.