The Hedonist Magazine Terms and Conditions of Use
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 26 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
If you provide The Hedonist Group LLC any feedback or suggestions regarding the Website (“Feedback”), including without limitation ideas, concepts, know-how or techniques relating to the functionality or design of the Website, you hereby assign to The Hedonist Group LLC all rights in the Feedback and agree that The Hedonist Group LLC shall have the right to use such Feedback and related information in any manner it deems appropriate. The Hedonist Group LLC will treat any Feedback you provide to The Hedonist Group LLC as non-confidential and non-proprietary. You agree that you will not submit to The Hedonist Group LLC any feedback that you consider to be confidential or proprietary.
- Limited License.
- Prohibited Use.
Any commercial or promotional distribution, publishing or exploitation of the Website is strictly prohibited unless you have received the express prior written permission from authorized personnel of The Hedonist Group LLC or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. For web posting, reprint, transcript or licensing requests for The Hedonist Group LLC material, please send your request to the following: firstname.lastname@example.org
The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Website or on content available through the Website, are registered and unregistered trademarks or service marks of The Hedonist Group LLC and third parties. All Marks not owned by The Hedonist Group LLC that appear on the Website or on or through the Website services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website without the written permission of The Hedonist Group LLC or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Website or on or through any of the Website services is strictly prohibited.
- Registration Information.
You must meet any age, geographic or other eligibility requirements specified on the Website to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our Website. By registering at those Website, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Website and vendor policies.
- Submitted Materials.
- Prohibited User Conduct.
You warrant and agree that, while using the Website you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website content, materials or services (for example, without limitation, in an RSS feed or a podcast received from The Hedonist Group LLC or otherwise through the Website), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website in any manner that may interrupt, damage, disable, overburden, or impair the Website or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website in violation of The Hedonist Group LLC’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
- Public Forums.
The Hedonist Group LLC may, from time to time, make messaging services, chat services, bulletin boards, message boards, comment sections, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website any Submitted Materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from The Hedonist Group LLC. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.
- Representations, Warranties and Indemnity
Advertiser and/or Agency on behalf of Advertiser represents and warrants that publication by Publisher, in any currently existing or future formats or media, of any Advertising Materials submitted by or on behalf of Advertiser (including without limitation those Advertising Materials supplied with the intention that they be included in Media Company Advertising Materials (as defined in the IAB 3.0 Terms) will not (i) violate any right of any third party, including, but not limited to, any intellectual property right or right of publicity or privacy, (ii) be false, misleading, deceptive, malicious or defamatory, (iii) violate industry codes or rules by which Advertiser may be bound and all applicable laws, rules, regulations and governmental or administrative order (including, without limitation, OBA self-regulatory principles and the Children’s Online Privacy Protection Act in connection with any information collected by Advertiser); (iv) contain any viruses, worms, malware or other code or devices capable of disabling or interfering with any computer systems or software or any other software designed to covertly gather user information or behavior or which collects or uses data, content or information from Publisher’s systems; and/or (v) contain unauthorized embedded interactive triggers or other software that automatically diverts users from any Publisher site/syndication location or service. In addition, Advertiser and/or Agency on behalf of Advertiser represents and warrants that: (i) all Advertising Materials and Media Company Advertising Materials are accurate and that all claims contained therein have been substantiated, and that it is the sole responsibility of Advertiser and/or Agency on behalf of Advertiser to review such Advertising Materials and Media Company Advertising Materials to confirm same; (ii) the inclusion in Media Company Advertising Materials of the name, voice, likeness, signature, performance, persona or other personal attributes of any individuals secured by Advertiser or Agency on behalf of Advertiser shall not constitute a misappropriation or violate any right of publicity or privacy or the Lanham Act or similar rights of such individuals; (iii) any personally identifiable information (“PII”) that Advertiser obtains, provides, uses or otherwise comes to possess under an IO shall be collected, stored, maintained, transferred, and discarded via adequate security protections, procedures and protocols, and will not be disclosed to the public or any unauthorized third parties; (iv) Advertiser shall comply with all applicable notification laws and requirements in the event PII in its possession is improperly disclosed to the public, or is otherwise affected by a security failure; and (v) all email communications Advertiser creates or sends pursuant to or as a result of this IO shall comply with all state and federal privacy and other applicable laws and regulations. Advertiser shall indemnify, defend and hold Publisher and its officers, directors, employees, stockholders, contractors, representatives and agents (the “Publisher Indemnitees”) harmless against any and all claims, demands, liabilities, costs or expenses (including, but not limited to, reasonable attorneys’ fees) (“Costs”) incurred by the Publisher Indemnitees in connection with or arising out of a breach or allegation which if true would constitute a breach of any of the representations, warranties or covenants of Advertiser contained herein; (x) the copying, printing, publication, display, performance, distribution or transmission of any Advertising Materials; (y) the loss, theft, use or misuse of any credit/debit card or other payment, financial or personal information; and/or (z) the products and/or services promoted, sold, presented and/or contained in the Advertising Materials. In addition, in the event the Publisher has agreed to provide content or sweepstakes management services, email design or distribution or other promotional services in connection with an advertising commitment by Advertiser or Agency (“Value Added Services”), all such Value Added Services are performed on the condition that Advertiser shall indemnify, defend and hold harmless the Publisher Indemnitees from any and all Costs incurred by the Publisher Indemnitees and arising out of the publication, use or distribution by the Publisher Indemnitees of any materials, products (including without limitation prizes) or services provided by or on behalf of Advertiser or Agency in connection with such Value Added Services. Notwithstanding anything herein or in the IAB 3.0 Terms to the contrary, (i) in the event that Publisher participates in the creation of Advertising Materials, including without limitation any Media Company Advertising Materials, Publisher will indemnity Advertiser in connection with potential claims relating thereto only to the extent it has agreed to do so in writing; and (ii) contribution to, creation or approval of the Advertising Materials by Publisher shall not limit Advertiser’s indemnification obligations herein.
- Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
- Other Users.
The Website user is solely responsible for any and all of its Submitted Materials. Because we do not control Submitted Materials, you acknowledge and agree that we are not responsible for any Submitted Materials and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Submitted Materials, and we assume no responsibility for any Submitted Materials. Your interactions with other Website users are solely between you and such user. You agree that The Hedonist Group LLC will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved. You acknowledge that other users may post comments about your Submitted Materials which may be derogatory, and The Hedonist Group LLC has no obligation to monitor or delete any such Submitted Materials. You hereby release and forever discharge The Hedonist Group LLC (and our directors, officers, employees, agents, successors and assigns) from, and herby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Linking to the Website.
You agree that if you include a link from any other websites to the Website, such link shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Website on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Website in any manner such that the Website, or any page of the Website, are “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other websites at any time upon written notice to you.
- Orders for Products and Services.
We may, directly or through our third-party vendors (“Vendors’), make certain products available to visitors and registrants of the Website. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to The Hedonist Group LLC or its Vendors. You agree to pay all applicable taxes. If payment is not received by us or such Vendors from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the Vendors. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.
- Third Party Websites.
You may be able to link from the Website to third party websites and third party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Website does not imply The Hedonist Group’s LLC endorsement, sponsorship, or recommendation of that site. The Hedonist Group LLC disclaims any liability for links (1) from another website to the Website and (2) to another website from the Website. The Hedonist Group LLC cannot guarantee the standards of any website to which links are provided on the Website nor shall The Hedonist Group LLC be held responsible for the contents of such sites, or any subsequent links. The Hedonist Group LLC does not represent or warrant that the contents of any third party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, The Hedonist Group LLC is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- Advertisements and Promotions
The Hedonist Group LLC may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than v, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Hedonist Group LLC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
- Embedded Video Links
- Content Feeds.
- Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to The Hedonist Group LLC’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A 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 law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
Note that the above-referenced contact information is for copyright notices only. No other inquiries will receive a response from the The Hedonist Group LLC Copyright Agent.
- DISCLAIMER OF WARRANTIES.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE HEDONIST GROUP LLC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE HEDONIST GROUP LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE, ANY CONTENT POSTED ON OR THROUGH THE WEBSITE, OR CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFF. YOU USE THE WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. THE HEDONIST GROUP LLC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED THE HEDONIST GROUP LLC EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE HEDONIST GROUP LLC AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH THE HEDONIST GROUP LLC OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY THE HEDONIST GROUP LLC “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE HEDONIST GROUP LLC OR ITS LICENSOR OR SUPPLIER.
- LIMITATION OF LIABILITY.
- Applicable Laws.
- Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.