Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Imbibe, acceptance is expressly limited to these terms. The Website is offered only to United States residents who are at least 21 years old.
- Your use of the Website.
You agree that you are liable for purchases made through your account and assume responsibility for taking reasonable action to safeguard your account information to prevent unauthorized purchases. You further agree to notify Imbibe promptly should you become aware of any actual or potential compromise of your account information so that Imbibe may take appropriate actions to safeguard our legal interests.
- Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Imbibe does not have any control over those non-Imbibe websites and webpages, and is not responsible for their contents or their use. By linking to a non-Imbibe website or webpage, Imbibe does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Imbibe disclaims any responsibility for any harm resulting from your use of non-Imbibe websites and webpages.
- Intellectual Property.
- This Agreement permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. This Agreement does not transfer from Company to you any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Imbibe. Imbibe, imbibemagazine.com, the Imbibe logo, and all other trademarks, service marks, graphics and logos used in connection with imbibemagazine.com, are trademarks or registered trademarks of Imbibe or Imbibe’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Imbibe or third-party trademarks.
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including but not limited to news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection, layout and arrangement (collectively, the “Content”), is owned by Imbibe, and its affiliated companies, licensors and suppliers. Imbibe, its affiliated companies, licensors and suppliers, exclusively own all right, title and interest (including but not limited to all copyright interest) to such Content, with All Rights Reserved. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Website.
- The Website has been specially designed for presentation of Content in a unique format and appearance to our users. We are concerned about the integrity of our Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Website. Neither you nor any third party shall make use of the Content in any manner that constitutes an infringement of our rights, including copyright. You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in, or use the Content to construct, any database, compilation or archive. You may not modify, sell, publish, transmit, display or otherwise use in any public or commercial manner any portion of the Content. You may not frame or utilize framing techniques that involve any Content or portion of the Website or suggest any relationship between our Website and you without our express written consent. You may not scrape our Content or Website. You agree not to: decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, or insert any code or product or manipulate the Content or website in any way that affects the user’s experience, or use any data mining, data gathering, or data mining extraction method with respect to the Content or Website, or use any cancelbots or Trojan horse in connection with your use of the Website.
- Requests to use Content for any purpose other than as permitted in this TOU must be directed to info @ imbibemagazine.com. If you do not seek and obtain such authorization, you should assume no third party has the right to allow you to use the Content.
- Copyright and Copyright Complaints.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Changes to this Agreement.
Imbibe reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Imbibe may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Imbibe may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Online Purchases and Other Terms and Conditions.
- Disclaimer of Warranties.
The Website is provided “as is.” Imbibe and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Imbibe nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Imbibe reserves the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion without notice.
- Limitation of Liability.
In no event will Imbibe, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for any amounts that exceed the fees paid by you to Imbibe. Imbibe shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Imbibe, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Imbibe and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Imbibe, or by the posting by Imbibe of a revised version of the Website. This Agreement, and any access to or use of the Website, are governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Portland and Multnomah County, Oregon.
Please contact us with your feedback, comments, requests for technical support, and other communications relating to the Website at info @ imbibemagazine.com.
Last Revision Date: 3/11/20