Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY.
ACCEPTANCE OF TERMS
https://borealist.com (the ”Web site“) offers articles, photographs and video internet hosting/running a blog service to you (the ”Service(s)“), topic to the next Terms of Service (”TOS“), which can be up to date now and again with out discover to you. Your use of the Service constitutes acceptance of those TOS and creates a binding authorized settlement, so learn them rigorously. Please notice, you have to be 13 years or older to make use of this Service. Any reference to us, our, we or related phrases shall consult with this Web site and its associates thereto.
You agree that every one data offered to us upon registration and in any respect different occasions will likely be true, correct, present and full. You additionally agree that you just guarantee this data will likely be stored updated always. This particularly applies to your e-mail deal with since we’ll direct all communication to you about your account to your e-mail deal with. We’ll use the knowledge you present to us in accordance with our Privateness Coverage (as decided beneath).
In an effort to use the Companies, you comply with be certain by the Privateness Coverage of the Web site. Please evaluate the Privateness Coverage (which can be accessed on the Web site) regularly as it could be up to date now and again.
Until in any other case indicated, all Web site non content material supplies, together with, with out limitation, the Web site brand, and all designs, textual content, graphics, different non content material information, and the choice and association thereof are the proprietary and copyrighted property of the Web site. You might electronically copy and print to exhausting copy parts of this Web site for the only objective of utilizing supplies it comprises for informational and non-commercial, private use solely. Every other use of the supplies on this Web site that originated from us – together with any industrial use, copy for functions aside from described above, modification, distribution, republication, show or efficiency – with out the prior written permission of us is strictly prohibited.
The Web site title and brand are our emblems, and might not be copied, imitated or used, in entire or partly, with out our prior written permission. As well as, all web page headers, customized graphics, button icons and scripts are service marks, emblems and/or commerce costume of the Web site, and might not be copied, imitated or used, in entire or partly, with out our prior written permission.
USE OF CONTENT SUBMITTED BY YOU/USER/AUTHOR
You agree that any Content material you add, publish, e-mail, transmit or in any other case make out there through the Service is non-confidential and that we will have a perpetual, worldwide, non-exclusive license to make use of any such Content material in reference to the Service and our enterprise (and any successor), together with with out limitation for selling and redistributing half or all the Service (and by-product works thereof) in any media codecs and thru any media channels. You additionally hereby grant every Person a non-exclusive license to entry your Content material by means of the Web site, and to make use of, reproduce, distribute, put together by-product works of, show and carry out such Content material as permitted by means of the performance of the Web site and beneath these Terms of Service. The submission of any supplies to us irrevocably waives any and all ”ethical rights“ in such supplies, together with the rights of paternity and integrity. The foregoing license granted by you terminates when you take away or delete Content material from the Web site.
USER / AUTHOR CONDUCT
You perceive that every one Content material posted by Customers/Authors, whether or not publicly posted or privately transmitted, are the only accountability of the Person from which such Content material originated. Which means you – the Writer, and never us – the Web site, are solely chargeable for all Content material that you just/person/creator add, publish, e-mail, transmit or in any other case make out there through the Service. We don’t management the Content material posted through the Service and, as such, don’t assure the accuracy, integrity or high quality of such Content material.
You perceive that through the use of the Service, you could be uncovered to Content material that’s offensive, indecent or objectionable. Not at all will we be liable in any manner for any Content material, together with, however not restricted to, for any errors or omissions in any Content material, or for any loss or injury of any sort incurred on account of using any Content material posted, emailed, transmitted or in any other case made out there through the Service.
You comply with not use the Service to:
add, publish, e-mail, transmit or in any other case make out there any Content material that’s illegal, dangerous, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of one other’s privateness, hateful, or racially, ethnically or in any other case objectionable;
hurt minors in any manner;
impersonate any individual or entity, together with, however not restricted to, a Web site official, discussion board chief, information or host, or falsely state or in any other case misrepresent your affiliation with an individual or entity;
forge headers or in any other case manipulate identifiers so as to disguise the origin of any Content material transmitted by means of the Service;
add, publish, e-mail, transmit or in any other case make out there any Content material that you just wouldn’t have a proper to make out there beneath any regulation or beneath contractual or fiduciary relationships (equivalent to inside data, proprietary and confidential data realized or disclosed as a part of employment relationships or beneath nondisclosure agreements);
add, publish, e-mail, transmit or in any other case make out there any Content material that infringes any patent, trademark, commerce secret, copyright or different proprietary rights of any get together, or which might violate any proper of publicity, proper of privateness or different proper of any get together with out first acquiring permission of the proprietor of such proper. This contains group or particular person portraits of individuals taken by skilled photographers. Photographs of individuals could solely be used with the permission of the person whose picture is portrayed (or for minors, the permission of their guardian or guardian). This contains celebrities and professional athletes, in addition to extraordinary residents;
add, publish, e-mail, transmit or in any other case make out there any unsolicited or unauthorized promoting, promotional supplies, ”spam,“ ”spam,“ ”chain letters,“ ”pyramid schemes,“ or another type of solicitation;
add, publish, e-mail, hyperlink, transmit or in any other case make out there any materials that comprises software program viruses or another laptop code, information or packages designed to interrupt, destroy or restrict the performance of any laptop software program or hardware or telecommunications gear;
intervene with or disrupt the Service or servers or networks related to the Service, or disobey any necessities, procedures, insurance policies or rules of networks related to the Service;
deliberately or unintentionally violate any relevant native, state, nationwide or worldwide regulation, together with, however not restricted to, rules promulgated by the U.S. Securities and Trade Fee, any guidelines of any nationwide or different securities change, together with, with out limitation, the New York Inventory Trade, the American Inventory Trade or the NASDAQ, and any rules having the drive of regulation;
”stalk“ or in any other case harass one other;
gather or retailer private information about different Customers;
hyperlink to or consult with Content material not allowed beneath these TOS;
in any other case use the service in a fashion deemed inappropriate by us.
POSSIBLE CONTENT REMOVAL
We retain the suitable, however not the duty, to observe and edit or take away any exercise or Content material that it deems in its sole discretion to be dangerous to Customers, us or the rights of any third get together, or to violate any relevant regulation. This contains the suitable, however not the duty, to take away any textual content or photos uploaded by you that we deem in our sole judgment to be inappropriate or that we consider could topic us to any legal responsibility, together with with out limitation the next:
pictures, photos, photos, textual content or different supplies submitted by Customers which are protected by trademark, copyright, proper of publicity or different proprietary proper, with out the categorical permission of the proprietor of these rights;
partially or absolutely nude photos of anybody, at any age, of any gender, together with sexually suggestive photos or phrases;
profanity or offensive feedback together with however not restricted to expressions of racism, bigotry or hatred, or which are abusive, slanderous or offensive;
any unlawful materials equivalent to expressions of abuse, offensive language and imagery, obscenity or pornography, together with, however not restricted to, little one abuse, little one pornography, depictions of minors engaged in sexual conduct or explicitly sexual conditions, or another materials that might give rise to any civil or prison legal responsibility beneath, or in any other case violate, any relevant regulation.
LINKING TO OUR SITE
You’re granted a restricted, non-exclusive proper to create a hyperlink to this Web site offered such hyperlink doesn’t painting us or any of its companies in a false, deceptive, derogatory or in any other case defamatory method. This restricted proper could also be revoked at any time. You might not use, body or make the most of framing methods to surround any of our emblems, logos or different proprietary data, together with the pictures discovered on the Web site, the content material of any textual content or the structure/design of any web page or type contained on a web page with out our categorical written consent.
Additional, you could not use any meta tags or another ”hidden textual content“ using our title, trademark or product title with out our categorical written consent. Besides as famous above, you aren’t conveyed any proper or license by implication, estoppel or in any other case in or beneath any of our patent, trademark, copyright or proprietary rights or any third get together. We make no declare or illustration concerning, and accepts no accountability for the standard, content material, nature or reliability of websites linking to this Web site.
THIRD PARTY LINKS
We could present hyperlinks to internet pages and content material of third events (”Third Occasion Content material“) as a service to these on this data. We don’t monitor, nor does it have any management over, any Third Occasion Content material. We don’t endorse or undertake any Third Occasion Content material and might make no assure as to its accuracy or completeness. We make no representations or warranties of any sort concerning such Third Occasion Content material, or any data contained therein, and undertakes no accountability to replace or evaluate any Third Occasion Content material.
When leaving the Web site, try to be conscious that the TOS now not govern, and, subsequently, you need to evaluate the relevant phrases and insurance policies, together with privateness and information gathering practices, of that individual web site. Customers use these hyperlinks and Third Occasion Content material contained therein at their very own threat.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
Should you consider that any materials on the Web site infringes upon any copyright that you just personal or management, or that any hyperlink on the Web site directs customers to a different website online that comprises materials that infringes upon any copyright that you just personal or management, you could file a notification of such infringement with our Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to the Digital Millennium Copyright Act (”DMCA“), 17 U.S.C. 512(c)(three), the next data have to be offered to our Designated Agent,
A bodily or digital signature of an individual approved to behave on behalf of the proprietor of an unique proper that’s allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if a number of copyrighted works at a single on-line web site are lined by a single notification, a consultant checklist of such works at that web site.
Identification of the fabric that’s claimed to be infringing or to be the topic of infringing exercise and that’s to be eliminated or entry to which is to be disabled, and knowledge fairly enough to allow the service supplier to find the fabric.
Data fairly enough to allow us to contact the complaining get together, equivalent to an deal with, phone quantity, and, if out there, an electronic message deal with at which the complaining get together could also be contacted.
An announcement that the complaining get together has religion perception that use of the fabric within the method complained of just isn’t approved by the copyright proprietor, its agent, or the regulation.
An announcement that the knowledge within the notification is correct, and beneath penalty of perjury, that the complaining get together is permitted to behave on behalf of the proprietor of an unique proper that’s allegedly infringed.
Do you have to fail to adjust to all the aforementioned necessities in your discover, your discover might not be legitimate.
It’s our coverage to terminate the accounts and/or membership of Customers who’re repeat infringers or who’re repeatedly charged with infringement, in acceptable circumstances.
Within the occasion that you’re a registered person of the Web site, you could terminate such registration by notifying the Web site by sending e-mail to [email protected] After receipt of your termination discover, we’ll terminate your account.
We could terminate your entry to the Companies or your registration at any time within the occasion of a breach of those TOS by Person or anybody accessing the Companies utilizing registered Person’s username. We, at our sole discretion, may additionally terminate these TOS at any time with out trigger, and will droop entry to the Service with or with out discover, to any Person.
Person agrees to indemnify and maintain us, our mother and father, associates, associates, officers and staff, innocent from any declare or demand, together with cheap attorneys’ charges, made by any third get together as a consequence of or arising out of Person’s use of the Web site, the violation of those TOS by Person, or the infringement by Person, or another person of Person’s account, of any mental property or different proper of any individual or entity.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN ”AS IS“ AND ”AS AVAILABLE“ BASIS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY MATERIALS POSTED IN THIS WEB SITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE, AND/OR EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS,
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, MALWARE-FREE OR ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED, ACCESSED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION CONTAINED IN ANY MATERIALS POSTED IN THIS WEB SITE OR IN ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE, UNDER ANY THEORY OF LIABILITY USED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
We reserve the suitable to alter any and all content material contained on the Web site at any time with out discover. Reference to any merchandise, companies, processes or different data, by commerce title, trademark, producer, provider or in any other case doesn’t represent or indicate endorsement, sponsorship or advice thereof by us.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you could be made through both e-mail or common mail. The Service may additionally present notices of adjustments to the TOS or different issues by displaying notices or hyperlinks to notices to you usually on the Service.
The TOS represent the whole settlement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You additionally could also be topic to further phrases and circumstances which will apply once you use our affiliate companies, third-party content material or third-party software program. The TOS and the connection between you and us shall be ruled by the legal guidelines of the State of New York with out regard to its battle of regulation provisions. You comply with undergo the non-public and unique jurisdiction of the courts positioned throughout the county of Rockland, New York. The failure of us to train or implement any proper or provision of the TOS shall not represent a waiver of such proper or provision. If any provision of the TOS is discovered by a courtroom of competent jurisdiction to be invalid, the events nonetheless agree that the courtroom ought to endeavor to provide impact to the events’ intentions as mirrored within the provision, and the opposite provisions of the TOS stay in full drive and impact. You agree that no matter any statute or regulation on the contrary, any declare or reason behind motion arising out of or associated to make use of of the Service or the TOS have to be filed inside one (1) 12 months after such declare or reason behind motion arose or be ceaselessly barred. The part titles within the TOS are for comfort solely and don’t have any authorized or contractual impact.
VIOLATIONS AND COMMENTS
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