Acceptance of Terms
Rules and Conduct
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content using any communications services related to the Services, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- imposes an unreasonable or disproportionately large load on foammagazine.com’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Madavor Media, LLC or any third party; or
- impersonates any person or entity without his, her or its express written consent; or
- involves commercial activities without the prior written consent of Madavor Media, LLC.
You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without Madavor Media, LLC’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Madavor Media, LLC’s sole discretion an unreasonable or disproportionately large load on foammagazine.com’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures Madavor Media, LLC may use to prevent or restrict access to the Services.
You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any Content available at or through the Services (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.
Madavor Media, LLC may remove any Content from the Services at any time for any reason (including, but not limited to, upon receipt of a claim or allegation from third parties or authorities relating to such Content), or for no reason at all.
The Services allow you to upload your own photos, text and other Content (“Submission(s)”) provided that you do so strictly in accordance with any instructions provided in the Services.
By uploading (or otherwise submitting) Submission(s) to the Services, you:
- grant to Madavor Media, LLC a non-exclusive, royalty-free limited license to use, publish, reproduce, display, distribute, use for Promotional Purposes (defined below), and sublicense for Cross-Promotional Purposes (defined below) such Submission(s), either through print, online, or other media (collectively, “Publicize”);
- represent and warrant to Madavor Media, LLC that you are the original creator of the Submission(s);
- represent and warrant to Madavor Media, LLC that you own or otherwise control all rights to such Submission(s) and that use and disclosure of the Submission(s) by Madavor Media, LLC (including, without limitation, Publicizing the Submission(s)) will not infringe or violate the rights of any third party; and
- agree not to provide Madavor Media, LLC with any confidential or proprietary information that you desire to or are required to keep secret.
If your Submission(s) is/are selected by Madavor Media, LLC for publication in a print edition of FindCream Magazine, you may be eligible to receive a cash or other reward as specified from time to time by Madavor Media, LLC. The reward is subject to change at any time without notice in the sole discretion of Madavor Media, LLC.
As a condition to some uses of the Services, you will be required to register with foammagazine.com and select a password and screen name (“FindCream User ID”). You must provide FindCream with accurate, complete, and updated registration information. You may not (i) select or use as a FindCream User ID a name of another person with the intent to impersonate that person; (ii) use as a FindCream User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a FindCream User ID a name that is otherwise offensive, vulgar or obscene. Madavor Media, LLC reserves the right to refuse registration of, or cancel a FindCream User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your FindCream password. You may never use another user’s account without such user’s express permission. You will immediately notify Madavor Media, LLC in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Third Party Sites
The Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Services. These other websites are not under FindCream’s control, and you acknowledge that FindCream is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link in the Services does not imply endorsement by FindCream or any association with its operators. You further acknowledge and agree that FindCream shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party website or resource.
Any third party such as a blogger or reviewer that seeks to reproduce a Submission without express written consent from FindCream or the original creator of such Submission may do so (a) only in order to provide a link or other reference to the Website or FindCream Magazine, and (b) only if the creator of such Submission is given artistic credit for his or her work within such link or reference. Additionally, all text and and articles may not be reproduced in entirity. A maximum of 300 characters (approximately 65 words) may be used from any one article. Any party that violates the aforementioned regulation shall be subject to legal action for the infringement of copyright and/or other proprietary rights, as applicable.
THE SERVICES AND ALL CONTENT (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE FOREGOING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. Madavor Media, LLC MAKES NO WARRANTIES OF ANY KIND IN REGARD TO THE CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR OTHERWISE POSTED BY USERS OF THE SERVICES.
Limitation of Liability
IN NO EVENT SHALL MADAVOR MEDIA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS, ADVERTISERS OR USERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES. YOU SPECIFICALLY RELEASE MADAVOR MEDIA, LLC FROM ALL LIABILITY FOR ANY USER CONTENT OR CONDUCT.
Integration and Severability
Digital Millennium Copyright Act Notice
Madavor Media, LLC has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, and avails itself of the protection of the Act. It is Madavor Media, LLC’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue Services to repeat offenders. Notices to Madavor Media, LLC regarding any alleged copyright infringement should be addressed to:
FindCream Copyright Agent
c/o Madavor Media, LLC
85 Quincy Ave., Suite 2
Quincy, MA 02169