It is very important that you review the following rules
you know what you can and
cannot do on
you know what you can and
cannot do on
If you do not understand and accept the provisions, do not use the Products and Services. Your use of the Products and Services shall be deemed to constitute your acceptance of this Agreement and all of CN’s rules and restrictions related to the Products and Services, as they may change from time to time.
1. The artwork and graphics on our Site are just for you to view while on our Site. You can't sell them, give them to anyone, trade them for anything or pretend you made them. If you wish to do anything EXCEPT view them, you must get our written permission first.
2. If you post nasty, insulting, sexually explicit, racially disparaging, religiously disparaging or other inappropriate content we have the right to delete it from the Site without notice. If you see anything inappropriate on the Site, or if anyone sends you a message that makes you uncomfortable or asks for your password, please email us immediately: mail to: Webmaster@noiZemag.com.
3. By posting on the site, or sending us comments, you are agreeing that CN can use your content elsewhere on the Site or Products and Services, in our marketing, promotions and advertising, or in any future media through the universe forever without a royalty or payment of any kind. So, this means we can use your ideas, materials and content however we want for as long as we choose.
5. YOU MUST BE EIGHTEEN (18) YEARS OF AGE TO USE THIS SITE.
Following is the "Long Version" of the Terms and Conditions:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE OR PRODUCTS AND SERVICES.
agree to use the Products and Services only as lawful in the
content of the Products and Services includes copyrighted materials, trademarks
and other proprietary information, which may include, without limitation,
text, software, photos, video, audio visual recordings, graphics, music
and sound. The entire contents of
the Products and Services are copyrighted as a collective work under the
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content of the Products and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Products and Services without the express prior written permission of CN and the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Products and Services.
CN does not solicit submissions, creative materials, ideas or suggestions other than those CN specifically requests. Any communications or materials you transmit to CN by posting on the Site, electronic email or otherwise including, without limitation, text, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or message postings, will be treated as non-confidential and non-proprietary. You hereby unconditionally and irrevocably transfer and assign to CN, its parent and its and their affiliates, subsidiaries, successors and assigns, in perpetuity, the royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display and otherwise exploit the material you send to CN, in all languages and throughout the universe, in any form, media or technology now known or hereafter devised. You acknowledge and expressly agree that any such communications or materials you transmit or post may be used by CN, its parent and their affiliates, subsidiaries, successors and assigns, for any purpose whatsoever, and you hereby waive the right to receive any financial or other consideration in connection with such information, including, without limitation, credit.
Without limiting the forgoing, you agree not to:
(a) attempt to impersonate another user or any other third party by selecting or using the name, address, credit card information, e-mail address or avatar of (or belonging to) another user or other person, or otherwise;
(b) use a user name, address, credit card information, e-mail address or avatar belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person;
(c) use a user name, e-mail address or avatar in violation of the intellectual property rights of any person or entity;
(d) use a false "header" - the legend attached to e-mail messages to show the message's point of origin, route and destination - or otherwise falsely configuring e-mail;
(e) use a user name, e-mail address, header or avatar that CN, in its sole discretion, deems inappropriate;
(f) disseminate multiple unsolicited copies of e-mail through the Products and Services;
(g) upload files that contain software or other material protected by intellectual property laws, rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, approvals;
(h) upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of CN’s Products and Services or servers or to another's computer;
(i) advertise, offer to sell or buy any goods or services for any business purpose;
(j) conduct or forward surveys, contests, pyramid schemes or chain letters;
(k) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(l) restrict, inhibit, harass or attempt to prevent any other user from using and enjoying the Products and Services;
(m) disclose personal information and/or collect information about others (especially personal information or information likely to lead to personal identification of another), including e-mail addresses, without their prior consent; or
(n) violate any applicable domestic or international laws or regulations.
Always use caution and common sense when using the Products and Services, especially when giving out any personally identifying information about yourself or with respect to financial information or transactions. CN does not control or endorse the content, messages or information found in user submitted portions of the Products and Services or external locations and, therefore, CN specifically disclaims any responsibility with regard thereto.
Additions and Changes:
You agree to review this Agreement on at least a weekly basis to be aware of Changes (as defined herein) and any notices we may send to you. Our employees cannot change the terms of this Agreement except as posted on these Products and Services. CN has the right, at any time, to:
(a) add, change or discontinue any aspect or feature of the Products and Services, including, but not limited to, content, financial terms, availability and equipment needed for access or use;
(b) impose, change or modify its terms and conditions applicable to your use of the Products and Services, or any part thereof; and/or
(c) to impose, change or modify the terms and conditions of this Agreement ("Changes"). Such Changes shall be effective immediately upon notice by posting the Changes on CN’s Products and Services or by any other method of notice CN deems appropriate. Any use of the Products and Services by you after notice of the Changes, constitutes acceptance by you of such Changes.
Disclaimers; Limitations; and Waivers of Liability:
YOU EXPRESSLY AGREE THAT USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT OF ANY WARRANTIES INCAPABLE OR EXCLUSION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT). WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
COMPANY DISTRIBUTES CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE PRODUCTS AND SERVICES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND NEITHER COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE PRODUCTS AND SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCTS AND SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY OR ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PRODUCTS AND SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE PRODUCTS AND SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree that CN in its sole discretion, shall have the right, but not the obligation, to edit, refuse to post or remove any material submitted to or posted on the Products and Services, for any reason whatsoever, including, without limitation, if CN considers that the material constitutes or promotes gambling or any illegal activity, or if CN considers the material to be pornographic, sexually explicit, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Notwithstanding the foregoing, you shall remain solely responsible for the content of material you upload, post or otherwise make available on the Products and Services. Furthermore, you acknowledge that the Products and Services may not be monitored and that you do not rely on CN to monitor or edit the Products and Services and that the Products and Services may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content.
External Locations / Linking:
The Products and Services may contain links to external locations (e.g., other web sites, etc.) and the ability to access external portions of the Internet. You agree that CN is not responsible for the availability of these external locations, the content, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain materials or communications which are unedited, untrue, illegal in some jurisdictions and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access in inappropriate material. You agree that CN shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against CN. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or webmaster and to Webmaster@noiZemag.com.
CN hereby grants you a non-exclusive, limited licensee, revocable at CN’s discretion, for you to link to CN’s home page from any site that is not commercially competitive to CN and does not criticize or otherwise injure CN, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. All of CN’s rights and remedies are expressly reserved.
You agree to defend, indemnify and hold harmless CN and its parent, subsidiaries, affiliates, employees, agents, attorneys, third-party content providers and licensors from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Products and Services and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Products and Services, and you shall be responsible for all charges related thereto.
Agreement and all aspects of the Products and Services shall be governed
by and construed in accordance with the internal laws of the United States
and the State of California governing contracts entered into and to be fully
performed in California (i.e., without regard to conflict of laws provisions) regardless of
your location. You acknowledge that
the rights granted and obligations made hereunder to CN are of a unique
and irreplaceable nature, the loss of which shall irreparably harm CN and
which cannot be replaced by monetary damages so that CN shall be entitled
to seek injunctive or other equitably relief (without the obligations of
posting any bond or surety) in the event of any breach or anticipatory breach
by you. You irrevocably waive all rights to seek injunctive
or other equitable relief and agree to limit your claims to claims for money
damages. You agree that any suit,
action or proceeding arising out of or relating to this Agreement or any
of the transactions contemplated herein or related to buyyellow.com or any
contests or services thereon (including without limitation, statutory, equitable
or tort claims) shall be resolved in the state and federal courts located
in California and you irrevocably waive objections based on, jurisdiction,
venue or personal service; provided that CN may elect to bring an action
against you in any other courts of applicable jurisdiction solely by binding arbitration before a sole
arbitrator under the rules and regulations of the American Arbitration Association
(“AAA”); provided, however, that notwithstanding the parties’ decision to
resolve any and all disputes arising under this Agreement through arbitration,
CN may seek to obtain injunctive relief or other equitable relief from a
court to enforce the provisions of these Official Rules or the politicalgraphics.org
The arbitration shall be held in
operates and controls the Site from its offices in
Complaints, Notices and Official Address:
CN takes the intellectual property rights of others very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material on our Products and Services infringes any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please send the specific details of your claimed infringement via either email or letter to the contact listed below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Stephen J Ceplenski
Email address of Designated Agent: webmaster@noiZemag.com.
Full address of Designated Agent:
Stephen J Ceplenski
11333 Moorpark St #386
DO NOT SEND ANY INQUIRIES UNRELATED TO INTELLECTUAL PROPERTY INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. All other correspondence should be sent to Webmaster@noiZemag.com.
In your notification, please include the following information:
1. Identification of the copyrighted work(s) claimed to have been infringed and statement of ownership to such work(s);
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address at which you may be contacted;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature.
All trademarks and copyrights are the property of the respective owners. All rights reserved. Licensed for private home exhibition only. Any public performance, copying or other use is strictly prohibited. © 2002-2003 Circuit Noize Magazine, LLCSM. All rights reserved.
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