AVIDGLTR Terms of Use
Last updated: May 10, 2020
Terms and Conditions of Use
The following terms and conditions (the “Terms of Use”) govern your use of the websites and mobile-optimized versions of the websites to which these Terms of Use are linked and which are owned or operated by AVIDGLTR and collectively Avid Glitter Websites. The term “Websites” includes all subdomains of Websites and any content, code, data, services, features or functionality made available from or through the Websites. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Websites. Changes in the Terms of Use will be effective when posted and your continued use of the Websites and/or the services made available on or through the Websites after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE WEBSITES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEBSITES, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access or otherwise use the Websites.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
- Ownership.
As between you and AVIDGLTR, excluding your Submitted Materials (as defined below), AVIDGLTR or its licensors own, solely and exclusively, all rights, title and interest in and to the Websites, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files), code, data and materials thereon, the look and feel, design and organization of the Websites, and the compilation of the content, code, data and materials on the Websites, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Websites does not grant to you ownership of any content, code, data or materials you may access on or through the Websites. - Feedback.
If you provide AVIDGLTR any feedback or suggestions regarding the Websites (“Feedback”), including without limitation ideas, concepts, know-how or techniques relating to the functionality or design of the Websites, you hereby assign to AVIDGLTR all rights in the Feedback and agree that AVIDGLTR shall have the right to use such Feedback and related information in any manner it deems appropriate. AVIDGLTR will treat any Feedback you provide to AVIDGLTR as non-confidential and non-proprietary. You agree that you will not submit to AVIDGLTR any feedback that you consider to be confidential or proprietary. - Limited License.
You may access and view the content on the Websites on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Websites, make single copies or prints of such content for your personal, internal use only. Use of the Websites and the services offered on or through the Websites are only for your personal, non-commercial use. - Prohibited Use.
Any commercial or promotional distribution, publishing or exploitation of the Websites is strictly prohibited unless you have received the express prior written permission from authorized personnel of AVIDGLTR or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Websites. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Websites, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Websites. If you make other use of the Websites, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. For web posting, reprint, transcript or licensing requests for AVIDGLTR material, please send your request to the following: licensing@AVIDGLTR.com - Marks.
The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Websites or on content available through the Websites, are registered and unregistered trademarks or service marks of AVIDGLTR and third parties. All Marks not owned by AVIDGLTR that appear on the Websites or on or through the Websites’ services, if any, are the property of their respective owners. Nothing contained on the Websites should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Websites without the written permission of AVIDGLTR or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Websites or on or through any of the Websites’ services is strictly prohibited. - Registration Information.
In the course of your use of the Websites, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). AVIDGLTR’s information collection and use policies with respect to the privacy of such Registration Information are set forth in the Websites’ Privacy Policy which is incorporated herein by reference for all purposes (the “Privacy Policy”). You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and username and for restricting access to your computer and information so others may not access our Websites using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify AVIDGLTR of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. AVIDGLTR cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. - Eligibility.
You must meet any age, geographic or other eligibility requirements specified on the Websites to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our Websites. By registering at those Websites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Website and vendor policies. - Submitted Materials.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Websites, by e-mail or in any other way. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent by you to us via any medium (including, for example and without limitation, photos, audio, video, messages, text, files or other content which you submit or post to our chat rooms, message boards, comment sections and/or our blogs, social media pages or feeds, or send to us via e-mail or U.S. mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, (ii) that such Submitted Materials comply with these Terms of Use, including without limitation Sections 9 (Prohibited User Conduct) and 10 (Public Forums), and (iii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes. Without limiting the foregoing, you agree that if you choose to submit comments (e.g. a “letter to our editors” or an online review or comment) to us via any medium (including those noted above with respect to all Submitted Materials), we may publish these comments along with, at our sole discretion, your name, screen name and other information you have provided to us in our editorial publications in any form, media or technology now known or later developed. You hereby consent to this. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will AVIDGLTR be liable for any inaccuracy or defect in any Submitted Materials. - Prohibited User Conduct.
You warrant and agree that, while using the Websites you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Websites’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from AVIDGLTR or otherwise through the Websites), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Websites. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Websites or the services offered on or through the Websites, including without limitation any information residing on any server or database connected to the Websites or the services offered on or through the Websites; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Websites in any manner that may interrupt, damage, disable, overburden, or impair the Websites or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Websites in violation of AVIDGLTR’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Websites in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Websites, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Websites. - Public Forums.
AVIDGLTR may, from time to time, make messaging services, chat services, bulletin boards, message boards, comment sections, blogs, other forums and other such services available on or through the Websites. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Websites any Submitted Materials which (i) restrict or inhibit any other user from using and enjoying the Websites, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from AVIDGLTR. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities. - Right to Monitor; Editorial Control.
AVIDGLTR reserves the right, but does not have an obligation, to monitor and/or review all Submitted Materials and AVIDGLTR is not responsible for any such Submitted Materials. However, AVIDGLTR reserves the right at all times to disclose any Submitted Materials as necessary to satisfy any law, rule, regulation or government request, or to edit, refuse to post or to remove any Submitted Materials, in whole or in part, that AVIDGLTR considers to be, in AVIDGLTR’s sole discretion, objectionable or in violation of these Terms of Use, AVIDGLTR’s policies or applicable law. If AVIDGLTR elects to modify Submitted Materials, AVIDGLTR nonetheless assumes no responsibility for the Submitted Materials. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability. - Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Websites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums. - Other Users.
Each Website user is solely responsible for any and all of its Submitted Materials. Because we do not control Submitted Materials, you acknowledge and agree that we are not responsible for any Submitted Materials and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Submitted Materials, and we assume no responsibility for any Submitted Materials. Your interactions with other Website users are solely between you and such user. You agree that AVIDGLTR will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved. You acknowledge that other users may post comments about your Submitted Materials which may be derogatory, and AVIDGLTR has no obligation to monitor or delete any such Submitted Materials. You hereby release and forever discharge AVIDGLTR (and our directors, officers, employees, agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” - Linking to the Websites.
You agree that if you include a link from any other websites to the Websites, such link shall link to the full version of an HTML formatted page of the Websites. You are not permitted to link directly to any image hosted on the Websites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Websites on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Websites in any manner such that the Websites, or any page of the Websites, are “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Websites be discontinued, and to revoke your right to link to the Websites from any other websites at any time upon written notice to you. - Advertisements and Promotions
AVIDGLTR may run advertisements and promotions from third parties on the Websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than AVIDGLTR, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. AVIDGLTR is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Websites. - Content Feeds.
RSS (really simple syndication) service and other syndication formats such as Atom, as well as APIs (application programming interfaces) (collectively, the “Content Feeds”) are means by which AVIDGLTR offers feeds of story headlines in XML or JSON format (“AVIDGLTR Content”) to visitors to the Websites who use the applicable Feed aggregators. You must use the Content Feeds as provided by AVIDGLTR, and you may not edit or modify the text, content or links supplied by AVIDGLTR. The applicable Content Feed service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Websites. You may not display the AVIDGLTR Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Website web page. You may not insert any intermediate page, splash page or other content between the Content Feed link and the applicable Website web page. You must provide attribution to the appropriate Websites in connection with your use of the Content Feeds. If you provide this attribution using a graphic, you must use the appropriate Website logo that we have incorporated into the Content Feed. AVIDGLTR reserves the right to discontinue providing any or all of the Content Feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the Content Feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. AVIDGLTR assumes no liability for any of your activities in connection with the Content Feeds or for your use of the Content Feeds in connection with your websites or any other properties. - Miscellaneous.
These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us regarding the use of the Websites. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.