Terms of Service Agreement
Last updated: July 1, 2020
IMPORTANT NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. This Terms of Service (“Agreement”) is a legal agreement between you (referred to herein as “you” or “your”) and Altstream Media LLC (“we”, “our”, or “us”) for access to and use of our website available at http://www.verilymag.com (the “Website”) and other related software, interactive features or downloads operated by us and that are available through the Website (whether accessed directly or through any software application) (collectively, the “Service”).
By accessing or using the service, you agree to be bound by the terms and conditions of this Agreement. If any of these terms are unacceptable to you, do not use the service.
You represent that you have the legal authority to enter into this Agreement and to be bound by its terms.
1. Changes to Agreement. We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time, upon the provision of reasonable notice thereof to you, which may include sending you an e-mail or posting an announcement of such modifications on the Service. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by us. From time to time, we may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.
2. Use of the Service by You.
A. We provide the Service for entertainment, educational and promotional purposes only. You may not rely on any information or opinions expressed on the Service for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Content (defined below). We do not endorse or warrant, and are not responsible for, the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Service by anyone other than our authorized employees or spokespersons while acting in their official capacities. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
C. The Service may contain links to other websites or services maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on third-party websites or services. You assume sole responsibility for your use of third-party links, websites, products and services. Content on this Website may include videos and other embedded content, such as YouTube videos. Any access to YouTube videos is also subject to YouTube’s Terms of Service available here. By accessing such content you are agreeing to be bound by YouTube’s Terms of Service.
D. You agree that (i) you will use the Service solely for your own, non-commercial, personal use in accordance with this Agreement and in accordance with any specific rules or usage provisions specified by us on the Service, and (ii) all information supplied by you to us will be true, accurate, current and complete. We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability.
E. You are solely responsible for any breach of your obligations under this Agreement and for the consequences (including, without limitation, any loss or damage which anyone may suffer) of any such breach. You are solely responsible for all use of your account and all account activity, whether or not you expressly authorize it.
F. Please remember that you are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor disputes between you and any other user of the Service, or any user’s action or inaction.
G. You represent, warrant, and agree that you will not:
(i) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state, national and international laws and regulations and treaties;
(ii) submit Content that may create a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
(iii) permit or otherwise enable unauthorized users to access and/or use the Service;
(iv) use the Service to export software or data in violation of applicable U.S. laws or regulations;
(v) sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
(vi) distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement;
(vii) frame or utilize framing techniques to enclose the Service, or any portion thereof;
(viii) exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
(ix) register as a user of the Service by providing false, inaccurate, or misleading information;
(x) post hyperlinks to commercial services or websites;
(xi) impersonate any person or entity, including, without limitation, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xii) collect personal data about other users of the Service for commercial or any other purposes;
(xiii) post or otherwise make available irrelevant Content (as defined below), repeatedly post or make available the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(xiv) attempt to gain unauthorized access to our computer systems (including any non-public areas of the Service) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);
(xv) make available Content (as defined below) that in our opinion constitutes or contains "affiliate marketing," "link referral codes," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing;
(xvi) access or use the Service if you have been previously removed from the Service by us;
(xvii) use the Service for any commercial purpose or for the benefit of any third party, except as otherwise explicitly permitted for you by us;
(xviii) use the Service to encourage any conduct that (1) violates any applicable law or regulation, or any term or condition of this Agreement, or (2) could create a risk of harm, loss or damage of any kind; or
(xix) attempt to access or search the Service or Content in order to scrape any Content or information from the Service, or otherwise use, upload Content to, or create new links, posts or referrals in the Service through the use of any computerized or mechanized process, engine, software, tool, agent, device or mechanism other than the software provided by us or other generally available third party web browsers.
3. Provision of the Service by Us. We are constantly improving the Service in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may decline to provide you access to the Service or stop (permanently or temporarily) providing the Service (or any features or programs or Content within the Service) to you or to users generally at our sole discretion, without liability or prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. Any new features that augment or enhance the current Service shall be subject to this Agreement.
4. Access to the Service; Reservation of Rights.
A. Subject to your compliance with this Agreement, we hereby give you a personal, revocable, worldwide, non-assignable and non-exclusive right to access and use the Service and the information and materials (including, without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) accessible as part of, or through the use of, the Service (“Content”) in the manner and for the purposes expressly permitted by the Agreement. You may download one copy of the Content from the Service solely for your personal and noncommercial purposes. We also hereby grant you a limited, revocable, and non-exclusive right to create a hyperlink to the Website or subdomains thereof so long as the link does not portray us, our parents, subsidiaries, or affiliates, or products or services provided by us or our parents, subsidiaries or affiliates in a false, misleading, derogatory, or otherwise offensive manner in our sole judgment.
B. You may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service and any such attempt shall be null and void at the time of such attempt. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or any Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that Content, in writing.
C. You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service and Content, including, without limitation, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and the Content, and any intellectual property rights in the same, including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, design rights, trade dress, source code and object code, data, and similar rights that may be protected under the intellectual property laws, regulations, or rules of any country.
D. You may not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) within the Service.
E. You agree that in using the Service, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
F. We reserve all right, title and interest in and to the Service and Content not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.
A. We attempt to be as accurate as possible in describing products (including pricing) offered for purchase; however, we do not warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted).
C. Your right to any products that are available is conditional on our receipt of the appropriate payment for such products. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order. We are not responsible if your financial institution declines your credit or debit card purchase.
D. No refunds will be offered for any products you purchase from us. If within two (2) business days of your receipt of a product shipment, you send notice to us at email@example.com detailing a problem or concern with a product, you will be eligible to exchange such product if such exchange is made within ten (10) business days from your receipt of the applicable shipment. To be eligible for an exchange, all products returned to us must be in their original packaging, in as-new condition, and accompanied by the relevant packing slip or receipt.
E. Although availability may be indicated on the Service, we cannot guarantee product availability, and therefore, certain products may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order. For inquiries regarding product orders, please contact us via e-mail at firstname.lastname@example.org.
5. Submitted Content.
A. If you submit any Content to us, whether or not for display on the Service, you agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including, without limitation, any loss or damage which we may suffer) by doing so.
B. You retain copyright and any other rights you already hold in Content which you upload or otherwise submit to, or make available on, the Service. However, by posting, uploading, submitting or otherwise making available Content, you give us a worldwide, perpetual, fully-sublicensable (through multiple tiers), transferable, irrevocable, royalty-free, and non-exclusive license to use, host, store, reproduce, adapt, modify, translate, re-arrange, publish, publicly perform, publicly display, distribute and otherwise exploit such Content (in whole or in part) in any manner or media whatsoever, now known or hereafter developed, for any purpose whatsoever, including, without limitation, (i) in connection with our business and (ii) in connection with the business of our successors, subsidiaries, and their related companies. The Service is a public platform and other users of the Service may, and you hereby grant all users of the Service the right to, search for, see, and/or use any Content that you make publicly available through the Service to the extent permitted by the features and functionalities of the Service. You understand that we may (a) transmit or distribute your Content over various public networks and in various media; (b) make such changes to your Content as determined by us in our sole discretion (including, without limitation, changes to conform and adapt Content to the technical requirements of connecting networks, devices, services or media); (c) display advertisements in connection with your Content and/or use your Content for advertising and promotional purposes; and (d) may use your name, picture, likeness, voice, and biographical information in connection with the use of your Content.
C. You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback, suggestions, and ideas you provide to us in any way.
D. Any use of your submitted Content or your feedback is solely in our discretion. We may elect not to use any of your Content or feedback and will not notify you of our decision.
E. You represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Content in the manner contemplated by this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant to us all of the rights granted herein. You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this Agreement and that we have no obligation to do so on your behalf.
F. We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content that you submit to us.
G. Content that you create, transmit, or display while using the Service must be appropriate for the Service. We may reject, remove, or edit any Content that:
(i) is unlawful, harassing, defamatory, abusive, hateful, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
(ii) attacks the character or damages the reputation of other users, name-calls, insults, ridicules, mocks, electronically stalks or otherwise harasses another individual;
(iii) contains material or language that is profane, pornographic, sexually graphic, ethnically offensive, “off color,” political, or propaganda;
(iv) contains crude, vulgar or offensive images or nudity;
(v) infringes or violates any party's rights, including, without limitation, using third-party copyrighted materials or the names or likenesses of others without appropriate permission and attribution, using third-party trademarks without appropriate permission or attribution or in a way that is likely or intended to cause confusion, or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
(vi) contains any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
(viii) uses the Service to buy or solicit any goods, services, or money to advertise or sell products or services of others;
(ix) discloses or references any personally identifiable information belonging to you or a third party or depicts or describes any activities that would violate the personal privacy rights of others, including, without limitation, collecting and distributing information about others without their permission;
(xi) impersonates any person or entity; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, deletes, forges, or misrepresents transmission information, including, without limitation, headers, return mailing, and Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any Content transmitted to the Service;
(xii) contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
(xiii) interferes with, disrupts, or harms in any way the Service or any servers or networks connected to the Service;
(xiv) uses the Service for any illegal purpose, or violates any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
(xv) promotes drugs or alcohol, illegal or inappropriate activities or any other dangerous behavior that may result in harm;
(xvi) posts on behalf of a banned user; or
(xvii) we otherwise determine to be inappropriate for the Service or inconsistent with our image and reputation.
6. Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and e-mail address;
- a written 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;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Any notification that fails to comply with requirements of the DMCA will not be processed. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Megan McDonnell
Address: c/o VerilyMag.com
Three Stamford Plaza
301 Tresser Blvd, 13th Fl
Stamford, CT 06901
7. No warranties. The service, and all information, content, materials, products and services included as part of, sold on, or otherwise made available to you through the service are provided to you on an “as is” and “as available” basis, without warranty or representation of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, including without limitation, any warranty of merchantability, title, non-infringement, quality, and/or fitness for a particular purpose and any warranty arising from the course of dealing or usage in trade.
Without limiting the foregoing, we do not warrant the accuracy, reliability or completeness of any Content or information provided by us in connection with your use of the service, or that the service, including, without limitation, any data, files, and/or other information stored on a server owned or under our control or in any way connected with the service, will meet your requirements or be available, uninterrupted, error-free, virus-free or secure.
Some jurisdictions do not allow the exclusion of certain disclaimers or limitations of warranties, so the above exclusion may not apply to you.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any loss or damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the service shall create any warranty not expressly stated in the agreement.
We take no responsibility and assume no liability for any content that you or any third party submits, posts or sends over the service. You are solely responsible for your content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users’ online distribution and publication of content provided by you and them.
8. Disclaimer of liability. To the fullest extent permitted by law, in no event shall we, our parents, subsidiaries, affiliates, or any of their directors, members, managers, officers, employees, agents or third party licensors, be liable for any loss of profits, loss of business, loss of revenues, loss of data, or any special, indirect, incidental, consequential, punitive or exemplary damages or losses arising out of or relating to this agreement and/or the Service or Content provided hereunder, products sold, or any other interactions with us, even if we have been advised of the possibility of such damages.
This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability or any other basis or legal theory. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: (i) the use or misuse of, or reliance upon, the service provided hereunder; (ii) the inability to use the service for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of god, communication failure, theft, or destruction; (iii) the interruption, suspension, or termination of the service; or (iv) the deletion and/or corruption of any data, information, documents, files and/or any other materials stored on a server owned or under our control or in any way connected to the service.
Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Without limitation of the foregoing, the total liability of us, our parents, subsidiaries, affiliates, or any of our directors, members, managers, officers, employees, or agents for any reason whatsoever related to use of the service or any claims relating to this agreement or any content or products sold shall not exceed the greater of either (1) the amounts, if any, paid by you to us during the past twelve months in connection with your access to the Service or (2) $100.00.
9. Release and Indemnification. You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to (i) your access, use or misuse of, or reliance upon, the Service or any Content, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) Content provided by you, and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
10. California Waiver. 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."
11. Term and Termination. This Agreement is effective until terminated by us or you. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by ceasing your use of the Service or, if applicable, deleting your user account on the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.
12. Governing Law and Venue for Disputes. This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the federal or state courts located in New York County, New York (and courts with appellate jurisdiction therefrom), except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, we are able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
(i) you are giving up your right to have a trial by jury; and
(ii) you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.
13. Severability. If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
14. Assignability. You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
15. Communications. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on the Service, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
16. Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY US TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.