Terms and Conditions
Welcome to The Spade Magazine. thespademagazine.com (the “Site”) is an online publishing service operated by The Spade Magazine(“us”, “we”, or “our”).
Proprietary Rights in Site Content; Limited License
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you will violate or infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You may use this Site for personal, non-commercial use only. As a condition of your use of Site, you agree that you will not (and will not authorize anyone else to) sell or modify any Site Content or User Content or reproduce, display, distribute, or otherwise use any Site Content or User Content in any way for any commercial purpose without our written permission. You agree to cooperate in causing any unauthorized use of the Site immediately to cease. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
Linking To Our Website
We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Site’s home page from any site you own or control that is not commercially competitive with the Site and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on thespademagazine.com website or service any materials that violate another party’s intellectual property rights. If you believe that any material on the Site infringes any copyright, which you own or control, you may send a written notification of such infringement to us. If we receive notification of an alleged infringement, we will investigate the complaint and, if we consider it to be justified we will remove or disable access to the allegedly infringing material and terminate the accounts of infringers as described herein.
Third Party Websites and Content
The Site contains (or you may be sent through the Site) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Content”). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Neither we nor our agents or representatives are responsible or liable in any manner for any User Content or Third Party Content posted on the Site, whether posted or caused by users of the Site, by thespademagazine.com, by third parties or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any user of the Site.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Service. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, any User Content or Third Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
The Site, and all Site content and user content are provided “as-is”. The Spade Magazine disclaims any and all representations, warranties and conditions, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the site. We do not represent or warrant that software, content or materials on the site are accurate, complete, reliable, current or error-free or that the site is free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile service) from or through the service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result. We make no warranties that your use of the content will not infringe the rights of others and assume no liability or responsibility for errors or omissions in such content.
We reserve the right to change any and all content, software and other items used or contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith.
Limitation on Liability
In no event will The Spade Magazine or its directors, employees, representatives or agents be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any lost income or lost data or damage to any computer system, arising from your use of the site or the service, or any of the site content or other materials on, accessed through or downloaded from the site, even if we are aware or have been advised of the possibility of such damages.