Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE OR ITS SERVICES. BY USING THIS WEBSITE OR ITS SERVICES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE OR ITS SERVICES. USE OF THIS WEBSITE AND ITS SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO ALL APPLICABLE RULES OR GUIDELINES PROVIDED HEREIN OR ELSEWHERE WITHIN THIS SITE. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, NOTHING WITHIN THIS WEBSITE OR ITS SERVICES SHOULD BE CONSTRUED AS AN OFFER BY US.
The web pages available at www.magnetmanagement.com (“Site”) are owned and operated by Magnet Management, LLC, and are accessed by you under the following terms and conditions:
1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, we may offer to provide certain services, features or content (collectively, “Services”), as described more fully on the Site, and which in some instances are selected by you through the process provided on the Site, solely for your own use, and not for the use or benefit of any third party. We may change, suspend or discontinue the Services at any time, including the availability of all or any of the individual components of the Services. We also may impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability.
You certify to us that if you are an individual (i.e., not a corporation or another entity), you are at least 13 years of age and that, if you are under 18 years of age, you use the Site and/or Services only with involvement of a parent or guardian. You also certify that you are legally permitted to access the Site and use the Services, and take full responsibility for accessing the Site and selecting and using the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
We shall not be in default or be liable for any delay, failure in performance (excepting the obligation to pay), compatibility or interruption of service resulting directly or indirectly from any cause beyond our reasonable control. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Site and the Services.
3. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY. Your transmission of Communications to us is governed by our Copyright and Intellectual Property Policy, which is set forth at the bottom of this Agreement. You hereby acknowledge that you have read and understood the terms of our Copyright and Intellectual Property Policy.
4. SUBMISSIONS. By transmitting any titles, synopses, loglines, content and/or other communication (“Communications”) to the Site, you acknowledge that you are responsible for your own Communications and the consequences of their transmission. You must not do the following things: transmit any Communication that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to transmit it; transmit any Communication that reveals trade secrets, unless you own them or have the permission of the owner; transmit any Communication that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; transmit any Communication that is obscene, pornographic, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity; or impersonate another person.
5. SITE CONTENT. The Site and its contents are intended solely for the use of the users of the Site who are United States residents and may only be used in accordance with the terms of this Agreement. The materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by U.S. and international copyright laws. You shall abide by all copyright notices, information and restrictions contained in any Content accessed through the Site and/or the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. You may not copy, download, upload, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display or in any way exploit, any of the Services or Content in whole or in part, other than for your personal use for non-commercial purposes.
The Content displayed or provided on the Site is either the property of, or used with permission by, us. The use of any Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the Site. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site are registered and unregistered Marks of ours and others protected by U.S. and international laws. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Site without the written permission of ours or such third party that may own the Marks displayed on the Site other than as set forth in this Agreement. Your misuse of the Marks displayed on the Site, or any other Content on the Site, except as provided in this Agreement, is strictly prohibited. You also are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
You shall not download or copy any Content or other items displayed on the Site, or store any significant portion of any Content or such items in any form. Copying or storing any Content for other than personal, non-commercial use in violation of this Agreement is expressly prohibited without our prior written permission, or from the copyright holder identified in such Content’s copyright notice. We neither warrant nor represent that your use of the Content displayed on the Site will not infringe rights of third parties not owned by or affiliated with us.
You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (a) continuously and automatically search or index any Content; (b) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to us via email at firstname.lastname@example.org.
6. YOUR SUBMISSIONS. Any Communications you transmit to the Site by email or otherwise will be treated as non-confidential and non-proprietary, and we shall not be liable for any use or disclosure of any unsolicited Communications (including, without limitation, submission). Anything you transmit may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, subject to our any other agreement we have with you. By sending us unsolicited submissions, you release, waive any claims with regard to, and hold harmless us and our officers, directors, managers, members and agents from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense, assignment, reproduction, distribution, creation of derivative works, public performances, public display, digital performances, sales, offers and other uses of any kind of such unsolicited submissions in any media now known or hereafter developed, for any purpose whatsoever.
You warrant, represent and agree that you will not transmit any Communications that is infringing, libelous, defamatory, obscene, pornographic, unlawful, threatening, scandalous, inflammatory, profane, abusive, offensive or otherwise violates any law or right of any third party, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any U.S. or international law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone transmitting any such information or materials. We have no obligation to monitor the Site or any Communication that you transmit to the Site (including, without limitation, any submissions). We assume no responsibility or liability arising from any such Communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such communications.
7. RESTRICTIONS. You are responsible for all of your activity in connection with accessing the Site and/or using the Services. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your right to access the Site or the Services. You may not transmit, or cause to be transmitted, any communication or solicitation designed or intended to obtain private information from any of our users.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including that which is deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are not logged on.
8. WARRANTY DISCLAIMER. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site. We make no representations concerning any Content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, currency, completeness, copyright compliance, legality or decency of Content contained in or accessed through the Site. THE SITE, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS–IS” AND “AS–AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
We have not reviewed all of the websites linked to the Site and are not responsible for the content of any off-site pages or any other websites linked to the Site. Your linking to any other off-site pages or other websites is at your own risk. The links to these off-site pages are provided only for your convenience.
9. INDEMNITY. You will indemnify, hold harmless, and at our request, defend us, our parents, subsidiaries, licensors, suppliers, affiliates, officers, directors, managers, shareholders, members and employees, harmless from any and all claims, losses, damages (actual and consequential), suits, judgments, costs and reasonable attorneys’ fees, of every kind and nature made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
10. LIMITATION OF LIABILITY. WITHOUT LIMITING THE APPLICABILITY OF THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON US, THEN WE AGREE THAT OUR AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF OURS SHALL NEVER EXCEED ONE HUNDRED U.S. DOLLARS AND NO CENTS ($100.00). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE PROVIDED FOR HEREIN.
11. TERMINATION. We may terminate the Services at any time, with or without notice. We also may terminate or suspend any and all Services and your access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
12. MODIFICATION TO THIS AGREEMENT. We reserve the right, at our sole discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Site or the Services by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
13. QUESTIONS; COMMENTS. If you have any questions or comments about us or the Site, please send us an email at email@example.com. You should know that any email or Internet correspondence between us has the same effect as a written document under the law.
14. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified as set forth in this Agreement. (b) The Site is controlled and operated by us from our offices within the State of California. We assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, worms, Trojan horses, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any Content from the Site. We make no representation that materials in the Site are appropriate or available for use in other jurisdictions. Those who choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission, if and to the extent such laws are applicable. (c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of California without giving effect to its choice of law rules. (d) You expressly agree that jurisdiction for any claim or dispute relating to or arising out of this Agreement resides exclusively in the courts of the County of Los Angeles in the State of California, and expressly consent to the personal jurisdiction thereof. (e) If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or we may at our option instead terminate this Agreement. (f) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (g) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at our sole discretion. (h) This Agreement shall be binding upon and shall inure to the benefit of the parties, their heirs, executors, administrators, successors and permitted assigns. (i) No delay or failure to take action under this Agreement shall constitute any waiver by us of any provision of this Agreement. (j) Nothing in this Agreement waives or limits extra-contractual rights or remedies available to us to protect our rights or property, including, but not limited to, those available under U.S. copyright law, international treaties or copyright or intellectual property laws of the countries in which the Site or Services are used.
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Copyright and Intellectual Property Policy
Magnet Management, LLC has adopted the following general policy regarding copyright infringement and violations of other intellectual property (“IP”) in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/pl105-304.pdf), also known as DMCA, and other applicable laws. Our contact information for receiving a notification of claimed infringement is listed at the end of this policy.
It is our policy to (1) block access to or remove work, content or material (“material”) that we believe in good faith to be copyrighted or otherwise protected material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements and Other IP Violations:
If you believe that material residing on or accessible through our website (www.magnetmanagement.com) or any of our services or products infringes a copyright or otherwise violates any IP right, please send a notice of copyright infringement or IP violation containing the following information:
1. A physical or electronic signature of the owner of the copyright or IP that allegedly has been infringed or of a person authorized to act on behalf of the owner;
2. Identification of the material that you claim to be infringed;
3. Identification of the material that you claim to be infringing, including information regarding the location of the infringing material that you seek to have removed (with sufficient detail so that we are capable of finding and verifying its existence);
4. Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address;
5. Information reasonably sufficient to permit us to notify the owner/administrator of the allegedly infringing material, such as name, address, telephone number, and email address;
6. A statement by you that you have a good faith belief that the material is not authorized by the copyright or IP owner, his, her or its agent, or the law; and
7. A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright or IP owner or are authorized to make the complaint on behalf of the copyright or IP owner.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing a copyright or IP right. If you are not sure whether the material available online infringes a copyright or IP right, we suggest that you first contract an attorney.
B. Our Response:
Once we receive proper bona fide notification of infringement, it is our policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member, or user that we have removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that we will terminate their access to our website, services and products.
C. Procedure to Supply a Counter-Notice to Us:
If the content provider, member, or user believes that the material that was removed or to which access was disabled is either not infringing, or believes that it has the right to post and use that material from the copyright or IP owner, his, her or its agent, or pursuant to the law, the content provider, member, or user must send us a counter-notice containing the information listed below:
1. A physical or electronic signature of the content provider, member, or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement, made under penalty of perjury, that the content provider, member, or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
4. The content provider’s, member’s, or user’s name, address, telephone number, and email address; and
5. A statement that the content provider, member, or user consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider, member, or user is located, or if that address is located outside of the United States, for any judicial district in which Magnet Management is located, and that the content provider, member, or user will accept service of process from the person who provided notification of the alleged infringement or that person’s agent.
If we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling access to it in 10 business days. Unless the copyright or IP owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please note that the content provider, member, or user will be liable for damages (including costs and attorneys’ fees) if he, she or it materially misrepresents that material is not infringing the copyright or IP right of others. If you are not sure whether certain material infringes the copyright or IP right of others, we suggest that you first contact an attorney.
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Please contact us with the above information at the following address:
Magnet Management, LLC
11704 Wilshire Boulevard, Suite 295
Los Angeles, California 90025
Phone: (424) 208-7185
Fax: (424) 208-7196