Circuit Noize - Privacy Policy and Website Terms of Use

Web Site Terms of Use

It is very important that you review the following rules
so that you know what you can and
cannot do on our site

This agreement ("Agreement" or “Terms of Use”) between you and Circuit Noize Magazine, LLC (“CN") sets forth the terms and conditions which apply to the use by you of http://www.noiZemag.com or other sites owned and operated by CN (”Site”) and any other product or service offered by CN for use, subscription or sale (collectively, "Products and Services"). Subject to the terms and conditions below, and your acceptan4e thereof, CN agrees to grant, and you agree to take, a non-exclusive, non-transferable, single computer license to use and display the Products and Services and related software for your personal (or household) non-commercial use by any machine(s) of which you are the primary user (“Limited License”). Without limiting the forgoing, you agree not to use the contents of Products and Services for any other use or purpose. You further agree that you will not, and will not attempt, to copy or distribute the content of the Products and Services to any other person unless specifically permitted by CN or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder.

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.

Basic Summary:

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.

4. If you violate these Terms of Use, your Limited License automatically terminates without notice.

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.

Lawful Use:

You agree to use the Products and Services only as lawful in the United States , and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Products and Services. Without limiting the foregoing, you agree not to post on or transmit through the Products and Services any material which violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene; is lewd, lascivious, filthy, excessively violent or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by CN or by third-party content providers in connection with third-party content, software or services available on or through the Products and Services.

Rights:

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 United States copyright laws and/or similar laws of other jurisdictions. CN owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to CN. Third-party content providers own the copyright in content that is original to them. CN™ is a trademark and service mark of CN. All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners, including, in some instances, CN. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” on other web sites is prohibited. You may not display our Products and Services or content in frames or “in-line links” without express written permission from CN (e-mail requests to Webmaster@noiZemag.com).

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.

Usage Rules:

YOU MUST BE EIGHTEEN (18) YEARS OF AGE TO USE THIS SITE. You agree not to use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the Products and Services and then only for the purposes consistent with the Limited License and these Terms of Use. You agree not to, or to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Products and Services; not to data mine the Products and Services and not to in any way cause harm to or burden the Products and Services. You agree that you will not post on or transmit through the Products and Services any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail, without CN’s express prior written approval and, if then, solely in accordance with the terms and conditions imposed by CN with respect thereto. You further agree not to use the Products and Services, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever. You agree not to use the Products and Services in any way that abuses, defames, stalks, annoys, threatens or violates the rights of privacy, publicity, intellectual property or other legal rights of others (now or hereafter recognized) or to post, publish, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful matters, including, without limitation, information, topics, names or other material.

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;

(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 shall have the right, but not the obligation, to monitor the content of the Products and Services and the use of Products and Services by you and other users (including, without limitation, by keystroke capture) to determine compliance with this Agreement and for any other purpose deemed appropriate by CN and further that CN may use the information gathered during such monitoring for any purpose deemed appropriate by CN to the extent permitted by law. You further agree that, subject only to CN’s Privacy Policy as it may change from time to time, personal data provided by you to CN may be used, to the extent permitted by law, for any purpose CN deems appropriate and may, within CN’s sole discretion, be given or sold to our affiliates or third parties. You acknowledge that you understand that when you disclose personal information (e.g., user name, e-mail address) on the Products and Services, that information can be monitored, collected and used by others and may result in unsolicited messages from other users or other third parties and that you consent to all such monitoring, collection and use. If you object to our sharing of your personal information, you may opt out of information governed by mandatory opt out provisions under the Financial Services Modernization Act and the Fair Reporting Act, to the extent required by such acts, if we ever collect such information and even though we are not governed by those acts.

Editing/Blocking:

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.

Indemnification:

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.

Equipment:

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.

Governing Law:

This 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 Terms of Use or the decision of the arbitrator. The arbitration shall be held in Los Angeles , California . The arbitrator shall apply the substantive laws of the State of California , shall issue a written decision, and shall have the power to award any legal remedies except for punitive damages. The parties will split the arbitrator’s fee.

Miscellaneous:

CN operates and controls the Site from its offices in Los Angeles , California , in the United States of America . CN makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. These Terms and Conditions are effective until terminated by either party. Users may terminate this Agreement by destroying all Materials (including without limitation, all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise) obtained from this Site (or any other web site or source). The privileges granted to you under this Agreement will terminate immediately and automatically without notice from CN if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement. This Agreement contains the entire understanding of you and CN, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except by a writing signed by an authorized signatory for CN. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

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
Studio City, CA 91602

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.

END TERMS OF USE

Last updated July 30, 2003 .

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