The Fader Web Sites comprises several Web sites and Web pages operated by The Fader or its subsidiaries, affiliates and business partners.
1. The Fader Web Sites
The Fader Web Sites include:
2. Agreement To Rules Of User Conduct
3. Third Party Sites
The Fader Web Sites may produce automated search results or directly provide links to other Internet web sites (“Outside Sites”). Outside Sites are not under the direct or indirect control or direction of The Fader, and you acknowledge 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 endorsement of the site, or its content, by The Fader.
4. Proprietary Rights
5. Copyright Notice
6. Copyrighted Materials; Limited License
The Fader Web Sites contain various types of content including graphics, text, sounds, animated material, design and layout elements, and other copyrighted and similarly protected content owned or licensed by The Fader or its third-party suppliers and clients. Users are not permitted to use this information in any manner or for any purpose other than as expressly authorized herein and in The Fader Web Sites. The policies below relate solely to that content owned by The Fader. For information, and permission to use, the content of third-party content rights owners, Users are directed to contact such third-party content rights owners directly.
1. Grant The Fader, its affiliates, and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the information in any form and for any purpose; and
2. Warrant and represent that you own or otherwise control all of the rights 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 law.
b. Permission Granted to Users of The Fader Web Sites
1. Such materials may only be used for personal, noncommercial, and informational purposes. Under no circumstances may they be posted, distributed or modified in any manner or form whatsoever using technology now existing or hereinafter arising;
2. All copyright and other proprietary notices must be retained in such materials; and
3. Users may not reproduce, copy, or redistribute the design or layout of The Fader Web Sites, individual elements of such design or layout, nor any trade or service marks or logos without The Fader’s prior express written permission.
c. Permission for Commercial Use
Reproduction, copying, or redistribution for any commercial purpose whatsoever of any materials or design elements on The Fader Web Sites is strictly prohibited without The Fader’s prior express written permission. The Fader reserves the right to grant such permission at its sole discretion upon written request for such permission reasonably detailing (i) what materials or design elements are at issue and their URL addresses, (ii) the nature of the use for which permission is sought, and (iii) the identity and nature of the entity requesting such permission. In addition, all such requests for permission must contain a statement to the effect that, if the permission sought is granted, the requesting entity shall defend and hold harmless The Fader from any and all claims, liabilities, expenses and costs, including reasonable attorneys fees, that are connected in any way whatsoever with the requesting entity’s use of the materials or design elements for which such permission is granted, and failure to include a statement to such effect shall conclusively disqualify any such request from consideration for the permission sought.
d. Procedure for Making Claims of Copyright Infringement
7. Disclaimer Of Warranties
ALL MATERIALS, INFORMATTON, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH The Fader WEB SITES FOR YOUR USE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The Fader, ITS SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT The Fader WEB SITES 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. YOUR USE OF The Fader WEB SITES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF CERTAIN WARRANTIES, THIS PARAGRAPH MAY NOT APPLY, OR BE LIMITED IN ITS APPLICATION, TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL The Fader, ITS SUBSIDIARIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT, DIRECTLY OR INDIRECTLY, FROM THE USE OF, OR INABILITY TO USE, The Fader WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF The Fader, ITS SUBSIDIARIES OR LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION CONTAINED IN THIS PARAGRAPH, The Fader’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree, upon notice, to defend, indemnify, and hold harmless The Fader, its subsidiaries and other affiliated companies, and their employees, contractors, officers, directors and shareholders from any and all liabilities and claims of whatever nature, and expenses, including reasonable attorney’s fees, that arise from your use or misuse of The Fader Web Sites. The Fader reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. In the event of such election you shall fully cooperate with The Fader in asserting any available defenses.
10. Legal Compliance
The Fader makes no representation that the content on The Fader Web Sites is appropriate or available for use in locations outside the United States, and accessing the same from jurisdictions where such content is illegal is prohibited. You understand and agree that your access and use of The Fader Web Sites 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 use The Fader’s services.
11. Choice Of Law & Forum
12. Severability And Integration
14. Communicating with The Fader
71 W 23 Street Floor 13
New York, NY 10010
(212) 741 – 7100