THIS AGREEMENT CONTAINS NECESSARY PROVISIONS THAT LIMIT AND DEFINE YOUR AND OUR LEGAL RIGHTS AND OBLIGATIONS IF YOU CHOOSE TO VISIT, OR USE, ANY FEATURES OF THE WEBSITE WWW.MAGGWIRE.COM. YOU MUST READ THIS AGREEMENT AND SIGNIFY YOUR CONSENT TO ITS TERMS BEFORE VISITING OR USING THE SITE.
Your Acceptance of This Agreement
Maggwire encourages members of the public to submit content that they have produced for consideration in connection with its website and related publications and online broadcasts.
Maggwire does not encourage, does not seek and will not knowingly use or publish content that result from or depict any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or a violation of the legal rights of any other person. You agree that you have not and will not engage in any of the preceding activities in connection with producing your submission. Without limiting the foregoing, you agree that you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without lawful permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Maggwire reserves the right, in its sole discretion, to reject or to take down any submissions in which Maggwire believes, in its sole discretion, that any such activities have occurred.
If notified by a user of a submission that allegedly violates any provision of this Agreement, Maggwire reserves the right to determine, in its sole discretion, if such a violation has or may have occurred, and to remove any such submission from the Website.
IMPORTANT: THIS SITE IS MAINTAINED FOR PERSONAL ENTERTAINMENT, INFORMATION, EDUCATION, AND COMMUNICATION OF PEOPLE WHO ARE 13 YEAR OF AGE OR OLDER. IF YOU ARE NOT ABOVE THE AGE OF 13, MAGGWIRE WILL NOT CONSIDER OR POST YOUR SUBMISSION.
IF YOU ARE LESS THAN 13 YEARS OF AGE, YOU MAY NOT SUBMIT AND MAGGWIRE WILL NOT CONSIDER ANY SUBMISSION.
Your License to Maggwire
By submitting or posting to Maggwire any video or any other visual, audio or other communication content for possible posting on the Maggwire site (a “User Submission”), you expressly grant to Maggwire a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, make derivative works of and otherwise exploit, such User Submission, and to publicly display your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential, and Maggwire shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
Subject to the terms and conditions of this Agreement and provided you have paid all amounts owed to Maggwire, you are granted a non-exclusive, limited, personal license to use the Website solely for your personal, non-commercial use on your behalf. Maggwire may terminate this license at any time for any reason or no reason, subject to a refund of any amount you have paid to Maggwire during the thirty (30) days before such termination.
Content Proprietary Rights
The contents of the Website, along with any associated software, and all Intellectual Property Rights (as defined below) related to it, are the exclusive property of Maggwire and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to you in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website. Use of the content or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other Jurisdiction, relating to the Website, or any contents or materials related thereto.
Copyrights, Trademarks and Service Marks of Third Parties
The Website and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”) are or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by us. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from the Website without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the Content for any other purpose constitutes an infringement of our Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Content. Any use of any portion of this Website on any other website or another networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
Maggwire has in place, and fully complies with, all legally mandated procedures regarding allegations of copyright infringement occurring on the Website, including but not limited to the “takedown” provisions of the Digital Millennium Copyright Act, as revised from time to time (“DMCA”). Maggwire has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Maggwire or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. Maggwire’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated, and you want Maggwire to delete, edit, or disable the material in question, you must provide Maggwire with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (d) information reasonably sufficient to permit Maggwire to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Maggwire’s designated agent at:
Representations and Warranties
You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following:
You are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein.
You have obtained all consents, and possess all copyright, patent, trademark, trade secret, and any other proprietary rights (“Intellectual Property Rights”), or the necessary licenses to it, to grant the license in Section 3.
You have the written consent of each and every identifiable natural person in the User Submission to use such person name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise concerning such use.
You have read, understood, agree with, and will abide by the terms of this Agreement.
You are not, and have not been an agent of Maggwire and were not and are not acting on behalf of, or as a representative of, Maggwire or any other party in connection with the User Submission.
The User Submission and Maggwire’s use thereof as contemplated by this Agreement and the Maggwire website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability.
The User Submission does not contain: (i) material falsehoods or misrepresentations that could harm Maggwire or any third party; (iii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) advertisements or solicitations of business; or (v) impersonations of third parties, other than those which are readily apparent.
You agree to defend, indemnify and hold harmless Maggwire and its owners, managers, employees and agents from and against any claim, cause of action, liability, loss or harm caused by or arising from your breach of any of the preceding warranties and representations.
By providing your personal information using the site, you warrant to Maggwire that your personal information is reliable for its intended uses, accurate, complete and correct and that you will promptly notify use if such personal information is no longer current or correct.
You must be at least eighteen (18) years of age to be eligible for any promotion. Employees or agents of Maggwire, its parent company, subsidiaries, divisions, affiliates, advertising agencies and members of the immediate families of each are not eligible to enter any Maggwire promotions.
Upon request, promotion winners agree to submit proof of eligibility, a manually signed version of this Agreement for each person shown or depicted in the winning user, and appropriate tax forms. If you are chosen as the winner of a promotion, you now consent to the use of your image, voice, likeness and persona without compensation for any and all publicity and advertising purposes, and you now release Maggwire from any and all claims arising from such use. If you fail to provide such information, documentation or consent, Maggwire reserves the right to deny you any prize winnings and award them to another participant.
Maggwire reserves the right to disqualify user votes and User Submissions if it determines, in its sole discretion, that a voter is inappropriately rating content to intentionally skew results. Other special voting privileges may be issued based on participation with the site. Maggwire reserves the right to disregard highest and lowest votes in a consistent manner and take other steps to maintain the integrity of ratings in its reasonable judgment. Any contest is void where prohibited by law and is subject to federal, state and local rules and regulations. Prize winners are responsible for all taxes associated with contest prizes. A list of winners may be obtained after each contest ending date by written request. Contests are offered, if ever, at the sole discretion of Maggwire, during the periods posted on the Website and under the terms and conditions of this Agreement and any additional rules and guidelines that may be published under the Contest Rules posted on the Website. Participants are required to check published rules and guidelines weekly for changes.
If at any time Maggwire is unable to operate any contest as planned (for example due to financial or administrative difficulties, fraud or technical failures such as a computer virus/bug or another form of unauthorized intervention that corrupts the administration, security, fairness, integrity or proper conduct of any contest), Maggwire reserves the right, in its sole discretion, to suspend, modify or terminate such Contest. In the event of any such termination before the end of the Contest term, notice of such termination will be posted on the Website.
Maggwire assumes no responsibility for lost, late, incomplete, misdirected, illegible or postage due Contest submissions.
To order or activate your access to or use of the services, you must set up a specific account with us. You will be asked whether you have read this Agreement and agreed to abide by its terms. If you answer yes, and have appropriately answered all questions, your account will be activated, and we will permit you to access certain designated pages of the site for use only in agreement with this Agreement. If you answer no, then your account will not be activated, and you will not be permitted access any such pages. Maggwire reserves the right to decline to activate an account for any person for any reason.
When you first activate your account, you will be given a unique and individual password and user identification (ID) for your account. You must have a password and user ID to access certain designated areas of the site once your account is activated. You are responsible for maintaining the secrecy of your password and user ID and protecting against unauthorized use of your password and user ID. You are also responsible for all activities that occur under your password and user ID. You agree to immediately notify us of any unauthorized use of your password or user ID or any other breach of security and ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
In consideration of your use of certain designated areas of the site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our account activation form and (b) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, Maggwire reserves the right to suspend or terminate your account and refuse any and all current or future use of the site or any portion thereof. As part of the account activation process, you must certify that you are 18 years of age or older.
Improper Use of the Site
You will not upload onto the site, or otherwise use any content or services offered on the site for, any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, invasive of privacy, stalking or harassment, abuse, tortuous conduct, hateful or racially, ethnically or otherwise objectionable material, or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You will not download any portion of the operating software for the site or otherwise control its operation. You will not impersonate any person or entity, including, without limitation, one of our officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity. You will not forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to the site. You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that may be designated for such purpose. You will not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You will not interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site. You may not disassemble, decompile or reverse engineer any portion of the site, or request or authorize any other person or entity to do so for any reasons whatsoever. You will not intentionally or unintentionally violate any applicable local, state, national or international law. You will not gather, collect or store personal data about other account users. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site, or your use or access to it. IMPROPER USE OF THE SITE WILL RESULT IN LOSS OF MEMBERSHIP AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
While we endeavor to provide the highest quality of service and uptime, the Internet world is not perfect, and there will, therefore, be temporary outages from time to time. We make every reasonable effort to minimize downtime. We reserve the right to add, modify or eliminate features on the site and charges for site features or services to better serve our users.
You agree to defend, indemnify and hold harmless Maggwire and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Maggwire; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
THE WEBSITE AND THE MAGGWIRE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (“MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE OR THE MATERIALS IS AT YOUR RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MAGGWIRE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
MAGGWIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MAGGWIRE WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAGGWIRE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAGGWIRE OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL MAGGWIRE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA, OR THAT RESULT FROM ERRORS IN THE ADMINISTRATION OF ANY CONTEST, PROCESSING OF CONTEST SUBMISSIONS OR AWARDING OF ANY PRIZE. UNDER NO CIRCUMSTANCES WILL MAGGWIRE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT MAGGWIRE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE PRECEDING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MAGGWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE WEBSITE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT AND TO RECEIVE A REFUND UP TO THE AMOUNT YOU PAID TO MAGGWIRE DURING THE THIRTY (30) DAYS PRIOR TO SUCH TERMINATION.
The provisions of Sections 7, 10, 11, 12, 13, 14 and 15 shall survive any termination or expiration of this Agreement.
California Privacy Rights
California Civil Code Section 1798.83 permits customers who are California residents to request particular information concerning disclosure of their personal information to third parties for marketing objectives. For such requests, please send an e-mail to firstname.lastname@example.org.
Maggwire does not endorse any User Submission or the views, opinion, recommendation or advice expressed therein. Maggwire does not have any obligation or undertaking to review, nor does it assume any responsibility for, the accuracy, usefulness or safety of the content of any User Submission, no matter the source. By visiting the Website, you acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you fully assume all risk thereof.
The content on Maggwire, including all text, graphics, images, and information obtained from Maggwire’s content providers, are for informational purposes only and are not intended to be, or serve as a substitute for professional medical advice, diagnosis, prognosis, examination or treatment.
Always seek the advice of your doctor or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through any portion of Maggwire. Medical information may change rapidly, and Maggwire and its Content providers cannot verify the accuracy or timeliness of any of this information.
Maggwire does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may appear or be mentioned on Maggwire.com. This information is provided “as is” and without any representations or warranties of any kind.
The information presented on Maggwire is that of the authors (or content supplier) and does not necessarily represent the views of Maggwire or its partners.
Specific health information, options or recommendations discussed on (or accessed through) Maggwire may not yet be approved by the FDA for the use as indicated by the content supplier or reviewer. Specific patient care decisions should be made by each patient under the care of a personal doctor or other healthcare professional.