Last revised: March 1, 2017
OWNERSHIP OF CONTENT
Our Websites include a combination of materials that we, our users and other third parties create (collectively, the “Content”). Except as noted on the Websites, all of the Content, including, but not limited to, news articles or other written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is protected by copyright, trademark and other intellectual property laws and by international treaties. The Content is owned or controlled by KVELLER or used with permission.
RESTRICTIONS ON USE
Notwithstanding the foregoing sentence, where the Website explicitly permits, you may download or copy the Content and other downloadable items displayed on the Websites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from KVELLER, or the copyright holder identified in the copyright notice contained in the Content.
For reproduction rights, please contact KVELLER by E-mail: firstname.lastname@example.org
REGISTRATION AND SECURITY
As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
Please notify email@example.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You must be 13 years or older to subscribe to all parts of our Website.
You are responsible for all usage or activity on your KVELLER account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Websites (“Your Content”). You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by KVELLER in its sole discretion), or contain any computer virus or other malicious code that could in any way affect the operation of the Websites or any computer that connects to the Websites. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead KVELLER or its service providers.
Although comments and questions are welcomed, KVELLER does not accept unsolicited submissions or creative ideas for its KVELLER programs, newspapers or products. Any electronic or print messages, suggestions, ideas or concepts that are submitted shall become, and remain, the property of KVELLER. Furthermore, KVELLER is not responsible for the confidentiality of any information communicated to KVELLER. By communicating materials to KVELLER, you are granting KVELLER a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display the Materials for any purpose, including, but not limited to, advertising and promotional purposes.
KVELLER is not responsible for the content of any websites for which links may be found on KVELLER Websites. KVELLER is not responsible for the privacy practices or the content of any such third party websites. These links are provided for your convenience only and you access them at your own risk.
We disclaim any responsibility for the deletion, failure to store, the misdelivery, or the untimely delivery of any information or material submitted to or transmitted through the Websites.
WE DO NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE WEBSITES. THE WEBSITES AND THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITES ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (I) OUR WEBSITES WILL MEET YOUR REQUIREMENTS, (II) OUR WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARDING MERCHANDISE, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, (V) OUR WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON OUR WEBSITES WILL BE CORRECTED.
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON OUR WEBSITES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEBSITES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL KVELLER OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING OUR WEBSITES OR ANY OF THEIR CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITES, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
By using our Websites and/or posting materials, you agree to indemnify and hold harmless KVELLER, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.
Information and opinions expressed in opinion pieces (i.e. op-ed columns) are not necessarily those of KVELLER. Neither KVELLER, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on KVELLER’s Websites.
KVELLER may, in its sole discretion, terminate or suspend your access to all or part of the sites for any reason without notice or recourse.
These sites are controlled and operated by KVELLER from KVELLER’s headquarters in New York, NY and are intended for visitors located in the United States. Given the global nature of the Internet, however, our Websites may be accessed by visitors located outside of the United States. KVELLER does not represent or warrant that Content on the sites is appropriate or available for use in other locations. If you choose to access these sites from other locations, you do so at your own risk and are responsible for compliance with any and all local laws that may apply to such access.
This agreement shall be governed by and construed in accordance with the laws of the city and state of New York, as it is applied to agreements entered into and performed within that area. Any action brought to enforce this agreement or matters related to the sites shall be brought in the courts of the city and state of New York.
Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice.
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Websites (including the exact URL);
- an address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not KVELLER, can contact you;
- a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
- a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
All notices should be sent to our designated agent as follows:
JTA-MJL New Corp
24 West 30th Street, 4th Floor
NY NY 10001
effective date 03/15/2017
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.