Terms and Conditions
ACCEPTANCE OF TERMS
MODIFICATIONS TO THIS AGREEMENT
XtremeMagazine.com reserves the right, at it’s sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at www.xtrememagazine.com
ADVERTISEMENTS AND POSTINGS
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the persons or entities from whom such Content originated. All articles and editorials posted by xtrememagazine.com are meant for entertainment purposes only and to not necessarily reflect the opinion of xtrememagazine.com. Xtrememagazine.com in no way offers any recommendation or endorsement or guarantee of any kind with regard to any service, product person , advertisement, posting, article or editorial of any kind mentioned or posted on the Service and therefore can not be held liable in any way. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. You understand that xtrememagazine.com is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the xtrememagazine.com site and Content available through the Service may contain links to other websites, which are completely independent of xtrememagazine.com. xtrememagazine.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web sites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will xtrememagazine.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that xtrememagazine.com does not pre-screen or approve Content, but that xtrememagazine.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the Terms or for any other reason.
USE OF MATERIALS
Any ads or messages that you post, transmit, or otherwise make available for viewing on public areas of the service will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by the service or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the service (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you
Without limitation, you agree to refrain from the following actions while using the Service:
- Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Service.
- Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
- (a) Posting adult content or explicit adult material that is not permitted under applicable federal, state, and local law; and (ii) you are at least 18 years of age or older and not considered to be a minor in your state of residence;
- (b) Posting, anywhere on the Service, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of XtremeMagazine.com;
- (c) Posting any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration;
- (d) Posting any material on the Service that exploits minors in any way;
- (e) Posting any material on the Service that in any way constitutes or assists in human trafficking.
- Posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
- Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of this service unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
- Deleting or revising any material posted by any other user;
- Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
- Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of this service unless expressly permitted.
- Posting advertising, solicitation or services in more than one category or more than once every 30 days.
- Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
- Copying or duplicating in any manner any of the content; framing of or linking to any of the service, its content or information available from the service without the express written consent of agents of the service.
- Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
- Using the service to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
- Posting any material advertising weapons the use, carrying, or advertising of which is prohibited by applicable federal, state, or local law.
- You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.
We charge a fee to post Content to the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms
POSTING OF ADS
You understand that each time you post an ad on this Service or otherwise use the Service, you agree to these Terms. By agreeing to these Terms, you acknowledge that the Service may send you e- mail messages telling you about products and services offered by the Service (or its affiliates and partners) You understand and agree that such communications are part and parcel of your registration for and use of the Service; if you do not wish to receive further communications from the Service (or its affiliates and partners), you must cancel your registration by sending a cancellation notice to firstname.lastname@example.org
LIMITATIONS ON SERVICE
You acknowledge that xtrememagazine.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that xtrememagazine.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that xtrememagazine.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that xtrememagazine.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service
TERMINATION OF ACCESS
The Service has the right to terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Service liable for such termination, and further agree not to attempt to use the Service after termination.
NO THIRD PARTY BENEFICIARIES
NOTIFICATION OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information: • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; • A description of the copyrighted work or other intellectual property that you claim has been infringed • A description of where the material that you claim is infringing is located on the service • Your name, address, telephone number and e-mail address • A signed 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; and • A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Our copyright agent can be reached as follows:
XtremeMagazine.com Copyright Agent PO Box 38 Kensington CT 06037
The Service may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to xtrememagazine.com email addresses or through xtrememagazine.com computer systems is expressly prohibited by these Terms. Any unauthorized use of xtrememagazine.com computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work, and/or copying or reproducing the Service’s or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of xtrememagazine.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of xtrememagazine.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although xtrememagazine.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to xtrememagazine.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant xtrememagazine.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
THIRD PARTY CONTENT, SITES, AND SERVICES
The xtrememagazine.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of xtrememagazine.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that xtrememagazine.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that xtrememagazine.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release xtrememagazine.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and or our Service
The Service assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Service. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Service is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting ads or using the service. You understand that all postings, ads, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively “Content”) posted on, transmitted through, or linked from the Service, are solely the responsibility of the person from whom such Content originated. You understand that the Service does not control, and is not responsible for Content available on the Service. You agree that the Service does not pre-screen, monitor or approve any Content, but that the Service shall have the right, but not the obligation to remove, move, refuse, edit or delete any Content for any reason whatsoever. The Service shall not be responsible for any interaction between you and the other users of the Service. Your dealings with others through the Service are solely between you and such other parties. Under no circumstances will the Service be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Service is under no obligation to become involved in any disputes between you and other users of the Service or between you and any other third parties. You agree that our Service is a venue for posters and users of the Service. In the event that you have a dispute with any user of the Service, you agree that the Service is under no obligation to become involved. You further agree to release the Service from any and all claims, demands, and damages arising out of or in connection with such dispute.You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account. The Service does not offer any refunds for the early cancellation of paid ads or paid print ads. You acknowledge, consent and agree that the Service may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the Service if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the service, its users and the public.
DISCLAIMER OF WARRANTIES FOR SITE:
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE ADVERTISEMENTS. THE SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. THE SERVICE MAKES NO WARRANTY THAT ITS ADVERTISEMENTS OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:
The information, services and products available to you on this Service may contain errors and are subject to periods of interruption. While the Service does its best to maintain the information, services and products it offers on the Service, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Service. IN NO EVENT SHALL THE SERVICE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SERVICE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SERVICE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SERVICE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR
USE OF THE SERVICE OR PARTICIPATION IN ANY SERVICE’S ACTIVITIES. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms by you, or the infringement by you, or other users of the Service using your computer, of any intellectual property or other right of any person or entity. The Service reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
JURISDICTION AND CHOICE OF LAW
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Connecticut without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in Connecticut, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and the Service and govern your use of the Service, superseding any prior agreements between you and the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Service. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms to: email@example.com
SEVERANCE AND WAIVER
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The Service ‘s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.