Jonathan & Sergey | Hotmesssunday

Terms of Use

TERMS OF USE

 

OUTSpoken has an equal opportunity Website. This means that you are free to make your own observations and form your own opinions. If you choose to interact, do so with respect for others and the Website’s policies. If you do not agree with these policies, please do not use the Website.

1. Using and Visiting This Website

By using and/or visiting this Website, you signify your acceptance and assent to both the Terms and Conditions (the “Terms of Service”) and the Terms and Conditions of the Privacy Notice, incorporated herein by reference. If you do not agree to any of these terms, please do not use the Website.

2. The hotmesssunday.com Website

These Terms of Service apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Website. The Website may contain links to third-party websites that are not owned or controlled by the Website or its parent corporation, ARU, LLC.

OUTSpoken has no control over, and assumes no responsibility for, the content, practices or privacy policies of any third-party websites. In addition, OUTSpoken will not and cannot censor or edit the contents of any third-party websites.

By using the Website, you expressly relieve OUTSpoken from any and all liability arising from your use of any third-party websites. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policy of each other website you visit.

3. Website Access

OUTSpoken hereby grants you permission to use this Website as set forth in these Terms of Service provided that:

i)  your use of the Website as permitted is solely for your personal, non-commercial    use;

ii)  you will not copy or distribute any part of the Website in any medium without prior written authorization from OUTSpoken, unless permission is expressly stated as part of the document, in which case proper credit must be given. The exception is individual writings by members on their personal pages, blogs and discussions, in which case permission must be granted by the member; you will not alter or modify any part of the Website, other than as may be reasonably necessary to use the Website for its intended purpose; and

iv)  you will otherwise comply with the terms and conditions of these Terms of Service.

4. Intellectual Property Rights

The content on the Website, including without limitation, the text, videos, graphics, software, scripts, photos, sounds, music, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to OUTSpoken, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The exception to this is individual content posted by members on their personal pages or shared by them in blogs and group discussions. These remain the personal property of the individuals.

Content on the Website is provided to you “as is” for your information and personal use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of the respective owners, unless permission is expressly stated as part of the document, in which case proper credit must be given.

OUTSpoken reserves all rights not expressly granted in and to the Website and its Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

See the Copyrights and Credits notice, incorporated herein by reference.

5. Warranty Disclaimer

You agree that your use of the Website shall be at your sole risk.

To the fullest extent permissible by law, OUTSpoken, its parent corporation, officers, directors, employees and agents disclaim all warranties, expressed or implied, in connection with the Website and your use thereof.

OUTSpoken makes no warranties or representations about the accuracy or completeness of the Website’s Content or the content of any sites linked to the Website and assume no liability or responsibility for any:

i)  errors, mistakes or inaccuracies of Content;

ii)  personal injury or property damage, or any nature whatsoever, resulting from your access to or use of the Website;

iii)  any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

iv)  any interruption or cessation of transmission to or from the Website;

v)  any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by content from any third party; and

vi)  any errors or omissions in Content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

OUTSpoken does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Website or any hyper-linked websites or any third-party websites featured in any banner or other advertising, and OUTSpoken will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, as with the purchase of a product or service through any medium or in any environment. You should use your best judgment and exercise caution where appropriate.

6. Limitation of Liability

In no event shall OUTSpoken, its parent corporation, officers, directors, employees and agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from any:

i)  errors, mistakes or inaccuracies of Content;

ii)  personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;

iii)  any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

iv)  any interruption or cessation of transmission to or from the Website;

v)  any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by content from any third party; and

vi)  any errors or omissions in Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Website; whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

The forgoing Limitation of Liability shall apply to the fullest extent permissible by Law in the applicable jurisdiction.

You specifically acknowledge that OUTSpoken shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by OUTSpoken and its parent corporation, ARU, LLC and its facilities in the United States of America.

OUTSpoken makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.

7. Indemnity

You agree to defend, indemnify and hold harmless Proud Times Magazine, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

i)  your use of, and access to, the Website;

ii)  your violation of any term within these Terms of Service;

iii)  your violation of any third-party right, including without limitation any copyright, property, or privacy right; and

iv)  any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

8. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Website is not intended for children under 18.

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ARU, LLC without restriction.

10. General

You agree that:

i)  the Website shall be deemed solely based in the State of Washington; and

ii)  the Website shall be deemed a passive website that does not give rise to personal jurisdiction over OUTSpoken, either specific or general, in jurisdictions other than Washington.

These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and OUTSpoken and its parent corporation, ARU, LLC that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Washington.

These Terms of Service, together with the Privacy Notice and any other legal notices published by OUTSpoken on the Website, shall constitute the entire agreement between you and OUTSpoken concerning the Website. If any provision of these Terms of Service are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and OUTSpoken’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. OUTSpoken reserves the right to amend these Terms of Service at any time and without notice and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

You and OUTSpoken agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.

11. Privacy Policy

OUTSpoken is highly sensitive to the privacy interests of consumers and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, OUTSpoken has adopted the following Privacy Policy, applicable to information about consumers that it acquires in the course of its business:

i) Acquisition of Information

We do not acquire any more information about consumers than is required by law or is otherwise necessary to provide a high level of service efficiently and securely.

ii) Our Staff and Privacy

We train all of our staff about the importance of privacy. We give access to information about consumers only to those employees who require it to perform their jobs.

iii) Security Measures

We make access to privacy-sensitive information subject to rigorous procedural and technological controls, consistent with legal requirements and the demands of customer service.

iv) Disclosure to Third Parties

We will provide individually-identifiable information about consumers to third parties only if we are compelled to do so by order of a duly-empowered governmental authority, we have the express permission of the consumer, or it is necessary to process transactions and provide our services.

v) Privacy and Our Business Partners

When we make our technology or services available to business partners, we will not share with them any more consumer information than is necessary and we will make every reasonable effort to assure, by contract or otherwise, that they use our technology and services in a manner that is consistent with this Privacy Policy.

12. Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information required under 17 U.S.C. 512:

i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, and information reasonably sufficient to permit OUTSpoken to locate the material;

iv) information reasonably sufficient to permit OUTSpoken to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;

v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of notice as described above, OUTSpoken will confirm the existence of the copyright or the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Website. If, in the sole discretion of OUTSpoken, we conclude that the use is covered by copyright, or the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner’s federal registration.

Notwithstanding the foregoing, OUTSpokenwill comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

If you have questions or concerns, please contact us at producer@hotmesssunday.com

COPYRIGHT POLICY

OUTSpoken’s policy prohibits the use of copyrighted material in a manner that violates the copyright owner’s rights. In general, this means that authors should only submit their own original written work to which they have natural copyright. In cases where copyright is disputed – usually as a result of plagiarism or unauthorized copying – articles will be immediately removed without recourse or discussion, regardless of the arguments presented by the disputing parties.

Actions to Take in the Event of Copyright Violation

Copyright resides with the authors who submit to our newsletter, not with us. As a consequence, OUTSpoken has no legal standing to enforce copyright on behalf of authors.

In the event of copyright violation, we advise authors to exercise their rights under the The Digital Millennium Copyright Act of 1998 by taking the following steps:

1. Contact the offending party directly asking them to rectify the copyright violation;

2. If the above fails, contact the ISP that hosts the offending website and the domain registrar that holds the registration for the website domain;

3. Information for the domain registrar and hosting service can generally be obtained by doing a look up using any ‘Who Is’ service such as: http://www.whois.net or

http://www.networksolutions.com; and

4. Most Domain Registrars and ISPs will respond to a copyright enforcement request by warning or suspending the offending party. If they fail to do so, have a lawyer make the same request in writing. This last action rarely fails to produce results.

REPRINT POLICY

General Use

Commercial publication and reprint of material in this Website for distribution is strictly prohibited without written permission. Written permission is not required for personal use printouts.

Original material generated by columnists is copyrighted in the names of the authors, and commercial publication and reprint of material for distribution is strictly prohibited without written permission from the author.

Non-commercial Electronic Distribution

Non-commercial electronic distribution such as sharing as a bulletin over a social network is allowed under the following conditions:

1. The reprinted article must include the name of the author; and

2. Place the following at the bottom of the reprinted article:

a. A line stating, “This article is reprinted from Proud Times Magazine [insert year        of publication here], and is available at http://jonathanandsergey.com”; and

b. Please link the above URL text to our site address at: http://jonathanandsergey.com.

 

Commercial Electronic Distribution

Commercial Electronic Distribution such as bulk reposting of articles from hotmesssunday.com on a commercialized website (a website where goods or services are sold, or an ad server, such as Google Ads, is found) is prohibited except as follows:

1. Use of RSS feed is allowed provided it is identified as an RSS feed and there is a link to the hotmesssunday.com website;

2. The first page of the article may be published with credit to the original author and a link to the article on hotmesssunday.com for the balance of the article; and

3.  There is a signed Memorandum of Understanding with ARU, LLC for distribution rights.

 

Website Links

1.  No permission is required to link from your website to hotmesssunday.com.

2.  No permission is required to link from a free area of your website to an article on hotmesssunday.com, provided you do not frame our web page. (A frame means putting additional graphics or text above or next to our web page.)

3.  Prior permission is required to put the text of any article from hotmesssunday.com on your own website, intranet, database, discussion board, or any other system.

If you have questions or concerns, please contact us at Editor@hotmesssunday.com

Effective 15 July 2013. The Publisher reserves the right to change these policies at any time.

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