Insanity Remains Webzine
http://www.insanityremainswebzine.com
Insanity Remains Webzine Contact
USE AGREEMENT.
http://www.insanityremainswebzine.com
Insanity Remains Webzine Contact
USE AGREEMENT.
Effective date: 12/01/2017.
1. Description of the website
services offered. Insanity
Remains Webzine (IRW) is a blog/site dedicated only with the purpose to promote
by news, album reviews and/or interviews, all the visitors of our site should
understand, acknowledge and agrees that the service offered shall be provided
"As is" and as such IRW shall not assume any liability or obligation
for the timeliness, missed delivery, deletion and/or failure to publish user
content, communication or personal settings.
2. Acceptance of Terms. The access to Insanity Remains Webzine, (IRW) is offered subject to acceptance without any modification of all of the terms and conditions contained herein “Terms of Use”, which term also incorporates our Privacy Policy available here, as well as our Cookie Policy available here, also we have added our Copyright Policy available here, and all other operating rules, policies and procedures that may be published from time to time on IRW, each of which is incorporated by reference and each of which may be updated by IRW from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by IRW from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these “Terms of Use” by this reference.
Also, you shall not (directly or indirectly): (1) Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service. (2) Modify, translate, or otherwise create derivative works of any part of the Service. (3) Copy, rent, lease, distribute, or otherwise transfer any of the information provided for public through IRW.
2. Acceptance of Terms. The access to Insanity Remains Webzine, (IRW) is offered subject to acceptance without any modification of all of the terms and conditions contained herein “Terms of Use”, which term also incorporates our Privacy Policy available here, as well as our Cookie Policy available here, also we have added our Copyright Policy available here, and all other operating rules, policies and procedures that may be published from time to time on IRW, each of which is incorporated by reference and each of which may be updated by IRW from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by IRW from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these “Terms of Use” by this reference.
Also, you shall not (directly or indirectly): (1) Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service. (2) Modify, translate, or otherwise create derivative works of any part of the Service. (3) Copy, rent, lease, distribute, or otherwise transfer any of the information provided for public through IRW.
Insanity Remains Webzine is available
only to individuals who are at least 13 years old. You must, however, be at least 18
years old to enter into this Agreement on your own behalf. If you are under 18 years
old but at least 13 years old, you must present this Agreement to your parents
or legal guardian, and they must agree with Terms of Use on your behalf. Children
under 13 years old must stop immediately the use of this site, they are not an
intended audience for Insanity Remains Webzine or its representatives; Warning
to Parents and legal guardians, your children under 13 years old are not
allowed in the site. By continuing to use the site you represent that: (1) You agree not to misunderstand at your own
convenience any part of the
“Terms of Use” described
here. (2) You
have read, understood and agree to be bound by this Agreement and it has been
your own choice freely and without any pressure of any kind, personal or by any
entity. (3) You are at least 18 years old, either entering into this Agreement
for yourself or entering on behalf of your child or a child in your legal care.
If you are a parent or guardian entering this Agreement for the benefit of your
child, please be aware that you are fully responsible for his or her use of the
site, including all financial charges and legal liability that he or she may
incur. If you do not agree to (or cannot comply with) any of these terms and
conditions; Please, stop immediately the use of the site and do not attempt to
access again. Parents or legal guardians entering into this Agreement on behalf
of a minor are specifically referred to the section "9. Explicit Content" section below. (4) You acknowledge and agree that IRW is not
responsible for any damage to your person as: physical, mental, emotional or
economic, as well as your equipment, computers, mobiles, or any device you use
to access our site. (5) You agree not to link "Insanity Remains
Webzine" to any public or private organization for profit, unless you
obtain a written authorization signed by our legal representative. IRW may, in
its sole discretion, refuse to offer access to any person or entity and change
its eligibility criteria at any time. This provision is void where prohibited
by law and the right to access the site is revoked in such jurisdictions.
3.
Modification of Terms of Use. IRW reserves the right, at its sole discretion, to modify alter
or discontinue any part of the “Terms of Use”, (including without limitation,
the availability of any feature, database, or content) at any time without
prior notice. IRW may also impose limits on certain features and services or
restrict your access to parts of the site without notice or liability. It is
your responsibility to check the “Terms of Use” periodically for changes. Your
continued use of Insanity Remains Webzine following the posting of any changes
to the “Terms of Use” constitutes acceptance of those changes.
4. Rules and
Behavior. As
a condition to access Insanity Remains Webzine, you will not to use the site
for any purpose that is prohibited by “Terms of Use”. IRW provided service,
information only for your own personal entertainment and non-commercial use.
(except artists, artist legal representatives and recording labels) You are
responsible for all your activity related with IRW. For example, and not as a
limitation, you shall not and shall not permit any third party to either: (1)
take any action on your behalf, (2) upload, download, post, submit or otherwise
distribute or facilitate distribution of any illegal content on or through IRW,
including without limitation any User Submission, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- You know is false, misleading, untruthful or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortuous, obscene, offensive, or profane and invasive of another’s privacy;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- Involves commercial activities and/or sales without IRW prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- Exploits people in a sexual or violent manner;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of IRW or any third party;
- Impersonates any person or entity, including any employee or representative of Insanity Remains Webzine.
Insanity Remains Webzine does not guarantee that any User
Content submitted, (as defined below) will be made available for view. IRW
reserves the right to: remove, edit, modify or block any content in its sole
discretion, including without limitation any User Content, from IRW at any
time, without notice to you and for any reason including, but not limited to,
upon receipt of claims or allegations from third parties or authorities
relating to such content or if IRW is concerned that you may have violated the
"Terms of Use", or for no reason at all.
IRW reserves the right to investigate and take appropriate
legal action against anyone who, in IRW sole discretion, violates this
provision, including, without limitation, terminating your account and/or
reporting such activity or content to law enforcement authorities.
5.
Language. The primary language in IRW is English, so starting from this
point any content submitted by user or visitors must be written in English. If
English isn’t your primary language and you still want to contribute to IRW,
there are many online translation sites that you can use. It is yet
undetermined if IRW will be expanded to other languages such as Spanish,
German, French, Russian or any other language, this will be depending on the
growth of The Site, support and audience.
6. Communications. The
entire communication with IRW is electronic, unless IRW and you agree to an
exception where electronic communication is a limitation. Every time you send
us an email or visit our website, you are going to be communicating with us.
You hereby consent to receive communications from us. If you subscribe to the
news on our website or follow our diverse social media, you are going to
receive regular emails and/or updates from us. We will continue to communicate
with you by posting news and notices on our website as well as social media and
by sending you emails. You also agree that all notices, disclosures, agreements
and other communications we provide to you electronically meet the legal
requirements that such communications be in writing.
7.
Content. To have the ability to publish or submit any written content,
(reviews, interviews, articles, photos and or data), you must join us, as
contributor; However, you always can comment our posts on Insanity Remains
Webzine.
Joining us and submitting any kind of content on or through
IRW; You: (1) declare and acknowledge, you are publishing your own content, and
that you may be identified publicly by your User ID in association with any
content published on or through IRW and by consequence other site users or
third parties respond to yours publish or attempt to contact you. (2) declare
and acknowledge that submitting any content, it represents that you have full
ownership rights to send us the content and publishing the content does not
represent any violation or infringement of any intellectual property or
proprietary rights of individuals or third parties, including but not limited
to property rights, patents, trademarks, private transactions or other property
rights. (3) understands that submitting any content is completely voluntary and
will not receive any form of monetary compensation or any other kind. 4) agree
that IRW is under no obligation to accept, post, display, retain or use any
content that you submit and IRW reserves the right to edit, refuse or to
subsequently remove, block or hide such content at any time in its sole
discretion. You agree that IRW has no duty of confidentiality or fiduciary duty
to you, express or implied, concerning your published content. (5) agree that
any published content by you, cannot be modified, alter or deleted by yourself
at your own discretion, proceeding without the consent of IRW, means the immediate
termination of your account and activity with Insanity Remains Webzine.
Disclaimer.
The
opinions expressed in the content published in Insanity Remains Webzine are
unique and exclusive to the author and do not necessarily represent the opinion
of the other contributors of IRW or from Insanity Remains Webzine as a site.
Warning!
Do not
plagiarize! anyone who is caught practicing plagiarizing any articles, reviews
or interviews published on another website, the account will be suspended
immediately and you will be notified about it, your account will remain
suspended until we reach a solution for both sides, if you have property rights
over your work, then you can submit to us the evidence of your work and
property rights; We reiterate, copy to publish the work of others is
unacceptable and we will not tolerate such activity at IRW, if you cannot offer
any evidence unfortunately you will be no longer an official contributor for
Insanity Remains Webzine.
Caution!
International
User, Insanity Remains
Webzine makes no warranties that the content is appropriate or available for
use where prohibited by law, and accessing our website is prohibited from
territories where such content is illegal. If you access our website from other
locations where prohibited by law, you do so at your own risk and you are
solely responsible for compliance with local laws.
8. License
of Content. By submitting content, you hereby grant Insanity Remains
Webzine a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate, create
derivative works, distribute, perform, display and sub-license all content,
remarks, suggestions, ideas, comments, graphics, files, images or other
information shared or created on or through IRW by you, by email or any other
means or form, or technology now known or later developed. The Site will not be
required to treat any content as confidential and may use any content in its
business (including without limitation, for products or advertising) without
incurring any liability for royalties, compensation, or any other consideration
or credit of any kind. You agree that you are not entitled to any notice in
this regard whatsoever and that, by contributing with such content. You waive
the right to make any claim against IRW relating to such content, including,
without limitation, unfair competition or breach of implied contract.
9.
Explicit Content. Insanity Remains Webzine is not a site
designed or intended for children under the age of 13 such children are not a
direct audience of IRW, and Insanity Remains Webzine, shall neither knowingly
or intentionally collects personally identifiable information from anyone who
is under the age of 13; If you are under the age of 13 you do not have
permission to access any part of IRW and must discontinue such use immediately.
You represent and agree that, by continue using IRW, submitting posts or
commenting through IRW; You shall be conclusively deemed to be representing and
declaring, under penalties of perjury that you are over the age of 13 and your
parent or legal guardian agreed to enter in this agreement in behalf you.
You understand that by using our website, you may encounter content
that may be deemed offensive, indecent, or objectionable, which content may or
may not be identified as having explicit language. Nevertheless, you agree to
use our website at your sole risk. Insanity Remains Webzine, shall have no
liability to you for content that may be found to be offensive, indecent, or
objectionable. Certain albums may be subject to the Recording Industry
Association of America ("RIAA") "Parental Advisory Label"
as defined at https://www.riaa.com/resources-learning/ The RIAA assigns the Parental Advisory Label
to an entire album.
Note: Those albums/songs that were recorded
prior to 1985 are not subject to the RIAA Parental Advisory Label.
10. Sweepstakes. If
you take part in any sweepstake which is run through our website, you agree to
be bound by the "Sweepstake Official Rules" available here, you may subject to any other rules
specified for every individual sweepstake, our rules are explicit and final in
all matters relating to the sweepstake. IRW reserves the right to disqualify
any entrant and/or winner in its absolute discretion with or without notice in
accordance with the Sweepstake Official Rules.
11.
Termination. IRW may terminate your access to all or part
of the service at any time, with or without cause, with or without notice,
effective immediately, which may result in the forfeiture and destruction of
all information associated with your membership, any comment, user content or
ideas submitted may be blocked, hidden, suspended, terminated and/or canceled,
at the sole discretion of IRW. If you wish to terminate your account, you may
do so by following the instructions of the administrator. Any fees paid, or
donations are non-refundable. All provisions of the "Terms of Use"
which by their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
12.
Third Party Sites. IRW may permit you to link to other websites
or resources on the Internet, and other websites or resources may contain links
to IRW. The inclusion of any such link does not imply endorsement by IRW or any
association with its operators. Please refer to our Privacy Policy Agreement.
Warning!
You acknowledge and accepts that IRW will not be responsible, directly
or indirectly, for any damage or loss caused or supposedly caused using such
content, goods or services offered on other websites.
13. Trademark
acknowledgement. You herein acknowledge, understand and agree
that all of the Insanity Remains Webzine trademarks, copyright, trade name,
service marks and other Insanity Remains Webzine logos and any brand features
and/or product and service names are trademarks and as such, are and shall
remain the property of Insanity Remains Webzine, You herein agree not to display
and/or use in any matter the Insanity Remains Webzine logo or marks without
obtaining Insanity Remains Webzine's prior written consent.
14. Limitation
of Liability. In no event shall IRW, nor its directors, employees, agents,
partners, suppliers or content providers, be liable under contract, tort,
strict liability, negligence or any other legal or equitable theory with
respect to the Use (1) for any lost profits, data loss, cost of procurement of
substitute goods or services, or special, indirect, incidental, punitive, or
consequential damages of any kind whatsoever, substitute goods or services, (2)
for any bugs, viruses, Trojan horses, or the like regardless of the source of
origination, or (3) for any direct damages in excess of (in the aggregate)
one-hundred U.S. dollars ($100.00). Some states do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitations and
exclusions may not apply to you.
Because IRW is not the buyer or seller in any
transaction, if a dispute arises between one or more participants in a
transaction, you release IRW and its affiliates, agents and employees from
claims, demands and damages actual and consequential of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes, IRW does not have
any duty to resolve and will not be involved in resolving any disputes between
participants related to or arising out of any such transaction.
15. Dispute
Resolution. You and IRW agree that any cause of action arising out of or
related to use of our website, must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently barred.
IRW will commence a legal action or proceeding against You in
connection with any disputes between or involving You and IRW in partial or
total arising out of this agreement, Your use and access of this website,
content posted to the website by you, disputes involving claims made by third
parties based on same, or otherwise arising out of the subject matter thereof,
you irrevocably agree to submit to personal jurisdiction in a federal or state
court of competent jurisdiction of IRW, choosing the located in the Riverside
County, in the State of California. Further, should you choose to commence
legal action or proceeding against IRW for any of the reasons mentioned above,
irrevocably waives its right and agree to commence and litigate at the same
state or federal court of competent jurisdiction mentioned above, in any such
legal action or proceeding, both parties hereby waive the right to jury trial
as between each other.
16. Indemnification.
You shall defend, indemnify, and hold
harmless IRW its successors and assigns,
directors, managers, employees, officers, agents, partners, members, web
hosting, service provider, our subsidiaries, affiliates, and/or licensors; from
any and all liabilities, claims, and expenses, including reasonable attorneys'
fees and court costs, that arise from or relate to your use or abuse of the
website, due to content submitted, or published through IRW and violate these
"Terms of Use", or by
infringement by you, or any third party using the your account, of any
intellectual property or other right of any person or entity, and for breach of
any of your representations and warranties in these "Terms of Use".
For the avoidance of doubt, you hereby agree to defend, indemnify, and hold
harmless IRW from all claims by a third party owning, controlling or claiming
any right in or to your Music, including claims for performance royalties,
synchronization royalties, mechanical royalties, and use or re-use fees. IRW
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will assist and
cooperate with Company in asserting any available defenses at your sole
expense.
17. Severability
of Terms. At any time, should IRW fail to exercise or enforce any
right or provision of this agreement, such failure shall not constitute a
waiver of such right and provision, if any part of this Agreement is unlawful
or unenforceable, by a court of competent jurisdiction, that part will be
deemed severable and will not affect the validity and enforceability of any
remaining provisions. Failure of either party to exercise in any sense any
right provided will not be considered a waiver of any right established here.
18. Entire
Agreement. With the exceptions
provided by law this constitutes the entire agreement between you and IRW, with
respect to www.insanityremainswebzine.com content, until and unless updated
with notification, as previously established within this agreement, you might
also subject to additional terms and conditions when you purchase from our
affiliate services or third parties content.
19. Contact. If you have questions or concerns regarding to our Terms of Use/Use Agreement, please feel free to contact us, at the following link: