TERMS AND CONDITIONS FOR USE OF HECKLER MEDIA, INC. WEBSITES AND APPLICATIONS
* 1.1. This website is owned and operated by Heckler Media, Inc..
* 1.2. These terms and conditions govern your use of this website (“Website”) produced by Heckler Media, Inc., including participation in the Website’s chat and bulletin-board or forum facilities (“Discussion Areas”).
* 1.3. Please read these terms and conditions carefully. Since the Website is designed to provide a forum for the robust and free-flowing exchange of information, opinions and comments, and an enjoyable and informative experience for all, Heckler Media, Inc. requires its users to abide by certain rules. Your use of the Website will constitute your agreement to comply with these terms and conditions.
* 1.4. If you do not agree with these terms and conditions, please do not use the Website.
* 1.5. These terms and conditions may be modified by Heckler Media, Inc. from time to time. Notice of revisions will be announced on this page. Continued use of the Website by you will constitute your acceptance of any changes or revisions to these terms and conditions, so it’s wise to check this page regularly.
* 1.6. Your failure to follow the Website’s rules, whether set out in these terms and conditions or posted at other locations on the Website, may result in termination of your access to the Website, without notice, in addition to Heckler Media, Inc. ‘s other remedies.
2. Use of the Website by You
* 2.1. All material on the Website belongs to Heckler Media, Inc. or its licensors. You may retrieve and display content from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Website.
* 2.2. You acknowledge that Heckler Magazine are trademarks and that you may not use them without written permission from Heckler Media, Inc..
* 2.3. You may not authorize others to use the Website, and you are responsible for all of your own use of the Website. You agree not to use any obscene, indecent or offensive language, or to place on the Website any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
* 2.4. Other than connecting to Heckler Media, Inc. ‘s servers by HTTP requests using a Web browser, you may not attempt to gain access to Heckler Media, Inc. ‘s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
* 2.5. You are responsible for ensuring that any material you provide to the Website or post in a Discussion Area, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party.
* 2.6. You agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on, or associated with, the Website.
* 2.7. You acknowledge that Heckler Media, Inc. has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Linking to any other service or site from this Website is at your sole risk.
* 3.1. Any third party web site that links to this web site must not: – create a frame or any other browser or border environment around the content of this site; – imply that Heckler Media, Inc. is endorsing it or its products or services; – use any Heckler Media, Inc. trademark displayed on any Heckler Media, Inc. web site without permission from Heckler Media, Inc.; – infringe any intellectual property or other right of any person; – be a web site that contains content that could be construed as distasteful, offensive or controversial.
* 3.2. Heckler Media, Inc. expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.
4. Use of Material Posted by You
* 4.1. Postings to the Discussion Areas are not private. You grant Heckler Media, Inc. and its designees a perpetual royalty free non-exclusive license to use, reproduce, modify, translate, transmit, distribute and sub-license any information or material you supply or communicate to the Website via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses.
5. Copyright Complaints
* 5.1. Heckler Media, Inc. respects the intellectual property of others, and we ask our users to do the same. Heckler Media, Inc. may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers and account holders who infringe the copyright rights of others.
* 5.2. If you believe that your work has been copied and is accessible on any Heckler Media, Inc. web site in a way that constitutes copyright infringement, or that the web site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact Heckler Media, Inc..
6. Comments by Users Are Not Endorsed by Heckler Media, Inc..
* 6.1. Heckler Media, Inc. does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Discussion Areas or elsewhere in the Website. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Heckler Media, Inc..
7. Competitions and Prizes
* 7.1. From time to time Heckler Media, Inc. will run competitions, free prize draws and promotions on this website. These are subject to additional terms that will be made available at the time.
8. Materials Provided by Others
* 8.1. You agree that Heckler Media, Inc. is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
* 9.1. Heckler Media, Inc. reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users in the Discussion Areas or elsewhere on the Website, in its sole discretion and without notice.
10. Editing and Deletions
* 10.1. Heckler Media, Inc. reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Website. Such additional terms and conditions will be posted in the relevant parts of the Website, and will be clearly identified. Your use of the Website constitutes your agreement to comply with these additional terms and conditions.
11. Additional Rules
* 11.1. You acknowledge that you are using the service at your own risk. The service is provided “as is,” and to the extent permitted by applicable law, Heckler Media, Inc. and its affiliates hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service.
* 11.2. Heckler Media, Inc. and its affiliates do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the service.
* 11.3. Save for the provisions of the following clause Heckler Media, Inc. and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the service, including for viruses alleged to have been obtained from the service, your use of or reliance on the service or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
* 11.4. Heckler Media, Inc. ‘s liability will not be limited in the case of death or personal injury directly caused by Heckler Media, Inc. ‘s negligence.
12. Disclaimer of Warranty and Limitation of Liability
13. Choice of Law and Jurisdiction
* 13.1. These terms and conditions shall be governed by and construed in accordance with U.S. law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the U.S. courts as regards any claim or matter arising under these terms and conditions.
* 13.2. For the exclusive benefit of Heckler Media, Inc. , Heckler Media, Inc. shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
* 14.1. These terms and conditions are the complete and entire agreement between the parties and supersede any prior terms, conditions or agreements, whether written or oral.
* 14.2. If any of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
* 14.3. Failure of either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy. If you don’t agree to the foregoing terms and conditions, please exit the Website now.
© 2014-2015 Heckler Media, Inc. ALL RIGHTS RESERVED