Last Modified: May 15, 2017
User Eligibility and Obligations
Access and Accessibility; Levels of Access
The Website is generally accessible by all visitors (“Users”). Certain sections of the Website and certain features, such as the ability to post any comments to the Website are available to users who create an account (“Account”) by providing certain personal information as part of an account registration process (“Registered Users”). In addition, Registered Users who have a paid membership to the Website and are current on their membership fees (“Premium Users”) will be granted additional access to content, services and features which are unavailable to Users or Registered Users.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We make no representations or warranties regarding uptime of the Website and will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to certain parts of the Website, or the entire Website, to any and all Users, including Registered Users and Premium Users.
Access Credentials; Security
Registered Users have been provided with an opportunity to select a user name and a password (“Access Credentials”) as part of their registration process. Each Account is intended to be used by a single individual. As a condition to your use of the Website, you agree to treat all Access Credentials as confidential, and you must not disclose such information to any other person or entity or to allow any third party to have access to your Account.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out from your Account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Paid Memberships and Purchases
General Purchases. If you elect to make a purchase through the Website, including the purchase of a paid membership or any other additional services or products which we or our Channel Partners may offer from time to time, you will be required to provide certain personally identifiable information necessary for us to charge you for the goods or services provided. Payment through the Website could take the form of charges against credit cards with credit card information that you submit to us or our contractor, or through a third-party payment service such as PayPal or Google Wallet. The Website will be contracting with third party payment processing services to process such payments and your payment information will be available to our payment processing contractors. The information you provide are subject to the terms and conditions applicable to the payment processor and their privacy policies. You are advised to review the terms and policies of these payment processors before making a purchase on the Website.
Paid Membership Auto-Renewals. If you purchase a paid membership, you will be informed of the duration of your membership (“Membership Period”) and provided with an option for auto-renewal of your subscription. Should you elect the auto-renew option, then at the end of your Membership Period, your credit card or other payment service will be charged and your subscription will automatically be renewed for a renewal period of the same duration as the original Membership Period (i.e., if your original Membership Period is for three months, you will automatically be renewed for an additional three months). The renewal charge for your paid membership shall be the same as the original membership price, unless you are otherwise notified in advance. You authorize us to make such automatically charges to your credit card or payment service. In the event the Website is transferred to our successor, we reserve the right also assign and transfer your payment information to our successor as part of that transaction. You may review your memberships at any time by visiting the ~~User Preference ~~user account profile portion of the Website.
Paid Membership Cancellation and Refunds. Once subscribed, you will be entitled to access premium content as a Premium User for the duration of your paid membership. The amounts paid for any paid membership is non-refundable and you cannot obtain a refund by cancelling your paid membership during any particular Membership Period. However, you can cancel future auto-renewals by vising the User Preferenceuser account profile portion of the Website and submitting a cancellation notice.
The Website may contain message boards, chat features, personalized web pages or profiles, forums, comments and other interactive features (collectively, “Interactive Services”) that allow Registered Users and Premium Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
(i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) exploits people in a sexual or violent manner;
(iii) contains nudity, violence, or offensive subject matter not suitable for a public forum or contains a link to an adult website;
(iv) solicits personal information from anyone under 18;
(v) provides any telephone numbers, street addresses, last names, URLs, email addresses, or other forms of contact information (other than your own User Data provided directly to us or our Channel Partners in the process of registering or subscribing);
(vi) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, movies, tv programs, music, or links to any of the foregoing;
(vii) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
(ix) involves the transmission of “junk mail,” or unsolicited mass mailing, instant messaging, “spimming,” “spamming;” or contains any advertisements or references to other products, offers, or websites, such as contests, sweepstakes and other sales promotions, barter, or advertising;
(x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(xi) interferes with, disrupts, or creates an undue burden on the Website or the networks or services connected to the Website;
(xii) promote any illegal activity, or advocate, promote, or assist any unlawful act;
(xiii) attempts to impersonate another User or person; or
(xiv) gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting such person to law enforcement authorities.
We do not claim any ownership rights in any User Contribution that you may post to the Website, including all comments, images, opinions or other content, whether posted by you through a User forum, on a message board, in “comments” sections or elsewhere and including any username or other identifying information posted by you; provided, however, that User Contributions shall not include any content posted by a User that is already owned by us, our Channel Partners or any of our respective affiliates. After posting your User Contributions, as between us and you, you continue to retain all ownership rights in such User Contributions. By posting any User Contributions on or through the Website, you hereby grant to us, our relevant Channel Partners and our affiliates, licensees and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to reproduce, publish, translate, use, modify, create derivative works based upon, publicly perform, publicly display, and distribute such User Contributions on and through all media formats now known or hereafter devised (including, without limitation, through the Website or mobile devices), for any and all purposes including, without limitation, promotional, marketing, advertising, trade or commercial purposes. Our use of such User Contributions shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
By posting to the Website, you represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· The posting of your User Contributions on or through the Website does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion or that of our Channel Partners.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not intend to review all material before it is posted on the Website, nor can we ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
· Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials as part of your computer’s normal function.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this Website.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com
The Company name, the terms: “TheMaven”, “Maven” and “The Maven Network”, the Company logo, and all related names, logos, product and service names, designs, slogans, trade dress and other derivatives thereof are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners and you must not use such marks without the prior written permission of their owners.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following and sent to our Copyright Agent, as designated below:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following and sent to our Copyright Agent, as designated below:
· Your physical or electronic signature.
· An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
· A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
· A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Copyright Agent; Repeat Infringers
Please direct DMCA Notices and Counter-Notices to:
TheMaven Network, Inc
5048 Roosevelt Way NE
Phone: (775) 600-2765
Please be aware that if you knowingly and materially misrepresent that material or activity on the Website infringes on your copyright or if you knowingly and materially mispresent that material that was removed or disabled was a result of mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website includes content provided by third parties, including materials provided by other users, bloggers, Channel Partners and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to a page on the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on the Website.
· Send emails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Washington in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org.
Last Modified: May 15, 2017