Date of Last Modification: May 8th 2018
Users who submit articles or contribute other artistic works for publication in Step Up may be required to enter into a separate agreement regarding ownership of the intellectual property rights related to any such work (“Related Agreement”). Any provisions of these Terms that are in conflict with any provision contained in a Related Agreement are superseded by the provisions contained in any such Related Agreement.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE STEP UP SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION XVIII BELOW.
Modification. Step Up reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
Eligibility. If you are aged 13 years or younger, you may not download or use our Services or access or provide any Content. If you are 13 or older but under the age of 18, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 13 or older but under the age of 18, you are fully responsible for his or her use of the Services.
Acceptable Use. Step Up hereby grants you permission to access and use the Services provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
Non-commercial Use. You may only use the Services for personal use. If you wish to create an organizational or business account, please contact Step Up at email@example.com.
Lawful Use. You may only use the Services for lawful activity. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
Use of Malware. You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.
Scraping. Except as authorized through the Services, you may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the website content using a bot or other tool.
Spam. You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
Intellectual Property. You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including Step Up).
Reverse Engineering. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
Subscriptions. To automatically receive Step Up articles in your email inbox, you are required to provide us with your email address. If you would like to be removed from our mailing list, please contact us at firstname.lastname@example.org. Please note that unsubscribing from our mailing list will not impact your ability to access the Services.
Third-Party Service Providers. In order to access some of the functions on the Services, such as posting comments or sharing articles, you may be required to log in to certain third-party social networking sites (“SNS,” including, but not limited to, Facebook.). You may do so by either: (i) providing your SNS account login information to us through the Services; or (ii) allowing us to access your SNS. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND THOSE AGREEMENTS WILL DETERMINE WHAT INFORMATION WE WILL BE ABLE TO ACCESS AND USE THROUGH THOSE SOCIAL NETWORKING SITES.
Content. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and User Content (all of the foregoing, the “Content”), are protected by copyright and/or other intellectual property laws.
Further, you acknowledge that as between you and Step Up, the Services and Content other than User Content, including all associated intellectual property rights, are the exclusive property of Step Up.
Conditioned upon your compliance with these Terms, Step Up grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Step Up or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit content, including, but not limited to, posting on comment boards (“User Content”). By submitting any User Content on or through the Services, you grant to Step Up a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast, access, and otherwise exploit such User Content, in any media, in order to operate, promote, improve, or market the Services.
Notices of Copyright Infringement. Step Up respects copyright law and expects our Users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at Step Up will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):
the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
your mailing address, telephone number, and, if available, email address;
a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
your full legal name and your electronic or physical signature.
You may deliver this notice, with all items completed, to us, as follows:
Step Up Magazine
2 Prosperity Dr.
Suffern, NY 10901
or by email at email@example.com.
Upon receipt of the Notice as described above, Step Up will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
Termination. Step Up may immediately and without notice terminate these Terms and disable your access to the Services if Step Up determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) Step Up believes, in good faith, that such action is needed to protect the safety or property of other users, Step Up, or third parties.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Third Party Content. By using the Services, Step Up may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that Step Up does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. Step Up does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. Step Up disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against Step Up with respect to the content or operation of any such third-party websites and services.
Disclaimer of Warranties. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," AND STEP UP MAGAZINE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES ABOUT THE SERVICES AND CONTENT, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, LEGALITY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. STEP UP MAGAZINE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES 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 THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL STEP UP (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Step Up (a) via email (in each case to the address that you provide) or (b) by posting to the website.
No Waiver. The failure of Step Up to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Step Up‘s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Step Up may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Arbitration. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND STEP UP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
Entire Agreement. These Terms constitute the entire agreement between you and Step Up regarding your use of the Services, and supersede all prior written or oral agreements.
Contact Us. If you have any questions about the Services, please do not hesitate to contact us at firstname.lastname@example.org.