Effective Date: 8/16/2014
1. Rules of Conduct
You understand and agree that The FADER is not responsible or liable for the conduct of any user or for any content posted by users to The FADER Websites.
You agree to abide by the following Rules of Conduct when accessing, visiting or using The FADER Websites:
i. You shall always use true, accurate, current and complete information whenever your information (such as your name and email address) is required for interaction with The FADER Websites, unless anonymity is specifically permitted;
ii. You may not interfere with any other users of The FADER Websites;
iii. You may not use the functionality and capabilities of The FADER Websites to conduct, or solicit or encourage the performance by another of, any illegal activity or other activity which infringes or violates the rights of others;
iv. You may not post or transmit any message, data, image or program which is, in The FADER’s sole discretion, harmful, threatening, abusive, hateful, indecent, obscene or pornographic;
v. You may not use The FADER Websites in any manner designed as a solicitation, whether commercial or otherwise;
vi. You may not use any automated software program or device, such as a spider or robot or scraper, to monitor or copy any information contained on The FADER Websites;
vii. You may not post or transmit any message, data, image or program that does or may violate the property rights of others, including intellectual property rights (including, but not limited to, copyrights, trademarks and trade secrets);
viii. You may not post or transmit any message which is libelous, defamatory, tortious or which discloses private or personal matters concerning any person (yourself excluded) or other entity;
ix. You may not impersonate any person or entity, or misrepresent your affiliation with any person or entity;
x. You may not post or transmit any file which contains a virus, worm, “Trojan Horse,” or any other contaminating, harmful or destructive code.
xi. You may not tamper with, breach, bypass, circumvent, damage, reverse engineer, hack, interfere with, alter, modify or disrupt (e.g., by introducing spam, viruses, bugs, worms, spyware, malware or any other similar harmful code) The FADER Websites, any of the security or authentication measures in place on or about The FADER Websites, any servers, networks, delivery systems or service providers used by The FADER Websites, or any content uploaded to or provided on or by The FADER Websites, nor may you attempt to do any of the foregoing prohibited activities, nor may you access, or attempt to gain access to, any non-public areas of The FADER Websites, including, but not limited to, any servers, networks, delivery systems or service providers used by The FADER Websites.
2. Age Restrictions
4. Ownership of Intellectual Property
The FADER Websites, The FADER name and logo and all content and materials, including but not limited to all graphics, photographs, images, illustrations, text, sounds, data, software, links, logos, videos, animated material, design and layout elements, available in or on The FADER Websites (collectively, “Intellectual Property”) are owned, controlled and/or licensed by The FADER or its third-party suppliers and clients, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and the laws and treaties of the United States and other countries.
Unless expressly authorized in writing by The FADER or by our licensors, you shall not copy, reproduce, sell, license, rent, modify, distribute, transmit, broadcast, stream, display, perform, publish, adapt, edit, use, exploit, or create derivative works from such Intellectual Property. You further may not remove, alter, conceal or obscure any trademark, copyright, service mark or other proprietary or legal rights notices incorporated in or accompanying The FADER Websites or any content therein or thereon.
5. Grant of Rights
i. Grant The FADER, its affiliates and licensees, a non-exclusive, worldwide, perpetual, fully paid and royalty-free, transferable, sub-licensable, irrevocable right and license to use, sell, host, store, cache, reproduce, display, perform, stream, broadcast, adapt, modify, distribute, have distributed, and promote the information in any form and for any purpose; and
ii. Warrant and represent that you own, have obtained or otherwise control all of the rights and permissions to the information, and that public posting and use of such information by The FADER will not infringe or violate the rights of any third party or violate any laws.
6. Procedure for Making Claims of Copyright Infringement
FADER, its affiliates and subsidiaries respect the intellectual property rights of others, and we require our third-party content suppliers and other vendors to do the same.
If you believe that any content or materials on The FADER Websites is infringing your intellectual property rights, please contact The FADER’s copyright agent in writing at the mailing address listed below pursuant to Title 17, United States Code, Section 512(c)(3) (the “Digital Millennium Copyright Act”). Any such notice must be in writing and must include (i) a detailed identification of what material(s) you allege to be infringed, (ii) identification of the material(s) you allege is infringing and its location (including the URL) on The FADER Websites, (iii) a statement to the effect that there is a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (iv) a statement by the author of such notice, made under penalty of perjury, that the above information in such notice is accurate and that such author is the copyright owner or authorized to act on the copyright owner’s behalf, and (v) the electronic or physical signature of the author of such notice, including such author’s name, address, telephone number, and email address.
The FADER’s agent for copyright issues relating to The FADER Websites is as follows:
Attn: Copyright Agent / Legal Department
71 West 23rd Street, Floor 13
New York, NY 10010
7. Third-Party Websites
As a convenience to you, The FADER Websites may produce automated search results and may provide links to third-party websites (“Outside Site(s)”). Outside Sites are not under the direct or indirect control or direction of The FADER, and you acknowledge and agree that The FADER is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Outside Sites. The existence of, or links to, Outside Sites does not imply sponsorship or endorsement of the Outside Site, or its content, by The FADER. You expressly relieve The FADER from any and all liability resulting from your access or use of any Outside Site.
8. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FADER WEBSITES FOR YOUR USE (THE “CONTENT”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FADER, THE FADER’S PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, BUSINESS PARTNERS, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. THE FADER, THE FADER’S PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, BUSINESS PARTNERS, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, CORRECT OR FREE OF DEFECTS OR ERRORS; THAT THE FADER WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE FADER WEBSITES IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF CERTAIN WARRANTIES, THIS PARAGRAPH MAY NOT APPLY, OR MAY BE LIMITED IN ITS APPLICATION, TO YOU.
9. Limitation of Liability
11. Legal Compliance
The FADER makes no representation that the content on The FADER Websites is appropriate or available for use in locations outside the United States, and accessing The FADER Websites from jurisdictions outside the United States where such content is illegal is prohibited. You understand and agree that your access and use of The FADER Websites is at your own initiative and risk, and in compliance with, and pursuant to, the laws of the jurisdiction from where you initiate such access and/or the laws of the jurisdiction where you access, visit or use The FADER Websites.
14. Governing Law and Forum
16. Communicating with The FADER
71 West 23rd Street, Floor 13
New York, NY 10010