ARTMAP INC. dba HACKER NOON
USER TERMS OF SERVICE
Last Updated on [April 22, 2020]
2. Acceptance of the User Terms.
These User Terms are to ensure that you will use the Site only in the ways in which Company intends it to be used, and to make clear what uses Company will not permit, will not be responsible for, or both. By using the Site, or by clicking to accept or agree to the User Terms when the option is made available to you:
3. Changes to the User Terms.
These User Terms may be revised from time to time. The most current version of these User Terms will be located here. You understand and agree that your access to or use of the Site is governed by the User Terms effective at the time of your access to or use of the Site. If we make material changes to these User Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these User Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new User Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the User Terms indicates your acceptance of the modifications.
4. Translation.We may translate these User Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version.
5. Accessing the Site.
To access or use the Site, you must be 13 years of age or older, and have the requisite power and authority to enter into these User Terms. You may not access or use the Site if you are a competitor of ours, or if we have previously banned you from the Site. We grant you permission to use the Site subject to the restrictions set out in these User Terms. It is a condition of your use of the Site that the information you provide is correct, current, and complete. Your use of the Site is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Site. You are responsible for ensuring that all persons who access it through your internet connection are aware of these User Terms, and that they comply with them.
If you access or use the Site or the resources it offers, including without limitation if you contribute Content (defined below) to the Site through or in connection with your Medium.com user account, you represent and agree that your access of or use of the Site does not and will not violate any provision in the Medium Terms of Service.
7. Prohibited Uses.
You may use the Site only for lawful purposes and in accordance with these User Terms. We are under no obligation to enforce the User Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the User Terms, we reserve the right to investigate and take appropriate action at our sole discretion. You agree not to, and will not assist, encourage, or enable others to use the Site:
Additionally, you agree not to, and will not assist, encourage, or enable others to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing thirty (30) days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
a. Ownership. AS BETWEEN YOU AND COMPANY, YOU ARE THE SOLE OWNER OF YOUR CONTENT, subject to the licenses granted in this Section 8. We own Company Content, including, but not limited to, visual interfaces, interactive features, graphics, design, and compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate User review ratings, and all other elements and components of the Site excluding Your Content, User Content, and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with Company Content and the Site, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of Company Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and Company Content are retained by us.
b. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you confirm and warrant that you own or control all rights to Your Content and hereby grant us world-wide, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content. Please note that you also grant the Users of the Site the right to access Your Content in connection with their use of the Site. Finally, you waive, and cause to be waived, against Company and its Users any claims and assertions of moral right with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works, such as podcasts, screenshots, screen recordings, and newsletters, of Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these User Terms or our other policies, (1) to maintain Your Content or any User Content in confidence; (2) to pay you any compensation for Your Content or any User Content; or (3) to respond to Your Content or any User Content.
c. Responsibility for Your Content. You understand and acknowledge that you are responsible for Your Content and any User Content you post, and you, not Company, assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Company. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
d. Company Trademarks. Company name, Company logo and all related names, logos, taglines, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You may not use these names without the prior written consent of Company. All other names, brands, and marks that may appear on the site remain the property of their respective owners and appear here for identification purposes only.
e. Copyright Infringement and the Digital Millennium Copyright Act. We respect the intellectual property rights of others, and we ask our Users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any User to use the Site (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the "Copyright Agent":
g. Other. User Content (including any that may have been created by Users employed or contracted by Company) does not necessarily reflect the opinion of Company. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines (set forth below). We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
h. Content Standards. All Your Content and any User Content must comply with the "Content Standards" set out below in these User Terms. You agree to defend, indemnify, and hold harmless Company and its affiliates and licensors for any breach of the Content Standards. These Content Standards apply to any contributions made by Users on this Site, including Your Content and any User Content. Your Content and any User Content must in their entirety comply with all applicable national, regional, federal, state, local, and international laws and regulations. You are solely responsible for any content you post or actions you take via this site and their consequences. In addition, Your Content and any User Content must not:
i. We Are Not Responsible for Your Content and any User Content. Because the purpose of this Site is to empower you and we cannot review everything that is posted to the Site in advance, any content and/or opinions uploaded, expressed, or submitted to the Site, and all Site Content other than the content officially provided by Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Company. We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other User of the Site, and you agree to bear full responsibility for the content you post to the Site. We also cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third-party.
9. Enforcement of Terms.In order to ensure that the Site is used only for its intended purpose, we have the right to:
10. Links to other Sites.As is typical online, this Site and User posts may contain hyperlinks to other sites. If there are other websites and resources linked to on this Site, either by Company or by you, these links are provided only for the convenience of our Users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the User Terms and conditions of use for such websites.
11.No Guarantee of Service.Although we hope to make the Site available at all times in the future, there may be times when we need to disable the Site either temporarily or permanently. The Site may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Company will not be liable if all or any part of the Site is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Site, or the entire Site, to Users, including registered Users.
12. Disclaimer of Warranties.PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE USER TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE USER TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE USER TERMS. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SITE, SITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, WITH THE EXPRESS UNDERSTANDING THAT COMPANY MAY NOT MONITOR, CONTROL, OR VET SITE CONTENT, IS AT YOUR OWN RISK. THE SITE, SITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY COMPANY OR A REPRESENTATIVE OF COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
13. Limit of Liability.IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification.Should there be a problem as a result of your use of the Site, we cannot be responsible for that. By agreeing to these User Terms, you agree to be responsible for the consequences flowing from your use of the Site. That means that you agree to defend, indemnify, and hold harmless Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these User Terms or your use of the Site, including, without limitation, any use of the Site Content, services, and products other than as expressly authorized in these User Terms or your use of any information obtained from the Site.
15. Choice of Law and Venue.California law will govern these User Terms, as well as any claim, cause of action, or dispute that might arise between you and Company (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.
17. Waiver and Severability.No waiver of these User Terms by Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Company to assert a right or provision under these User Terms shall not constitute a waiver of such right or provision. If any provision of these User Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent such that the remaining provisions of the User Terms will continue in full force and effect.
19. Contact.All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: firstname.lastname@example.org. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its Users any claims and assertions of any moral rights contained in such Feedback.
* * * * *