ACCEPTANCE OF TERMS
The following terms and conditions govern all use of the cuspmagazine.com website (the “Website”) and the services and Content (defined below) available on the Website and derived from the Website, including any print materials (collectively, the “Services”). With the exception of individual Submissions(s) (defined below), the Services are owned and operated by CUSP Magazine.
RULES & CONDUCT
You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without CUSP Magazine’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in CUSP Magazine’s sole discretion an unreasonable or disproportionately large load on CUSP Magazine’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures CUSP Magazine may use to prevent or restrict access to the Services.
You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any Content available at or through the Services (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.
CUSP Magazine may remove any Content from the Services at any time for any reason (including, but not limited to, upon receipt of a claim or allegation from third parties or authorities relating to such Content), or for no reason at all.
The Services allow you to upload your own photos, text and other Content (“Submission(s)”) provided that you do so strictly in accordance with any instructions provided in the Services.
By uploading (or otherwise submitting) Submission(s) to the Services, you: grant to CUSP Magazine a non-exclusive, royalty-free limited license to use, publish, reproduce, display, distribute, use for Promotional Purposes (defined below), and sublicense for Cross-Promotional Purposes (defined below) such Submission(s), either through print, online, or other media (collectively, “Publicize”); represent and warrant to CUSP Magazine that you are the original creator of the Submission(s); represent and warrant to CUSP Magazine that you own or otherwise control all rights to such Submission(s) and that use and disclosure of the Submission(s) by CUSP Magazine (including, without limitation, Publicizing the Submission(s)) will not infringe or violate the rights of any third party; and agree not to provide CUSP Magazine with any confidential or proprietary information that you desire to or are required to keep secret.
If your Submission(s) is/are selected by CUSP Magazine for publication in a print edition of CUSP Magazine, you may be eligible to receive a cash or other reward as specified from time to time by CUSP Magazine. The reward is subject to change at any time without notice in the sole discretion of CUSP Magazine.
THIRD PARTY SITES
The Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Services. These other websites are not under CUSP Magazine control, and you acknowledge that CUSP Magazine is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link in the Services does not imply endorsement by CUSP Magazine or any association with its operators. You further acknowledge and agree that CUSP Magazine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party website or resource.
Any third party such as a blogger or reviewer that seeks to reproduce a Submission without express written consent from CUSP Magazine or the original creator of such Submission may do so (a) only in order to provide a link or other reference to cuspmagazine.com or CUSP Magazine, and (b) only if the creator of such Submission is given artistic credit for his or her work within such link or reference. Additionally, all text and articles may not be reproduced in entirety. A maximum of 300 characters (approximately 65 words) may be used from any one article. Any party that violates the aforementioned regulation shall be subject to legal action for the infringement of copyright and/or other proprietary rights, as applicable.
THE SERVICES AND ALL CONTENT (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE FOREGOING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. CUSP Magazine MAKES NO WARRANTIES OF ANY KIND IN REGARD TO THE CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR OTHERWISE POSTED BY USERS OF THE SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CUSP Magazine, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS, ADVERTISERS OR USERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES. YOU SPECIFICALLY RELEASE JAZZTIMES FROM ALL LIABILITY FOR ANY USER CONTENT OR CONDUCT.
INTEGRATION & SEVER-ABILITY
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