Intellectual Property
All of the content featured or displayed on or through the Services, including without limitation text, graphics, photographs, still images, moving images, videos, sound, illustrations, and software (collectively, “Content”), is owned by Venus Selenite, its licensors, vendors, agents, and/or content providers, as applicable. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Venus Selenite reserves the right to track the usage of Content.
You may access copyrighted material available on the Services for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, downloading, redistribution, retransmission, publication or commercial exploitation of any Content, in whole or in part, is permitted without the express permission of Venus Selenite and/or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
In using Content in accordance with this Agreement, you may not (a) state or imply that Venus Selenite is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (b) represent that you or your organization has a relationship with Venus Selenite or any of the events, products or services that Venus Selenite provides unless that relationship is the subject of a written agreement between you and Venus Selenite.
You will not access any Content from the Services through any technology or means other than the web pages for the Services, the Embeddable Player (as defined below), the Widgets (as defined below) or such other explicitly authorized means as the Venus Selenite may designate.
All trademarks, service marks and trade names of Venus Selenite or third-parties used in the Services (including, but not limited to, “Venus Selenite”, “Venus Selenite” magazine; the Pegasus logo, and the Venus Selenite grid logo (collectively, the “Marks”)) are trademarks or registered trademarks of Venus Selenite or its licensors, vendors or content providers, as applicable. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Venus Selenite’s prior written consent. The use of the Marks on any other website or network computer environment is not allowed.
User Submissions
The Services may now or in the future permit the submission and posting or linking of media, text, audio and video recordings, photos, survey responses, commentary or any other content submitted by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, Venus Selenite does not guarantee any confidentiality with respect to any User Submissions.
By submitting User Submissions through the Services, you hereby grant Venus Selenite and its affiliates and partner organizations a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display and publicly perform the User Submissions in connection with the Services or by Venus Selenite for any purpose, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Venus Selenite and its affiliates and partner organizations the right to use the name that you submit in connection with such User Submission if they choose. You also agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Services and these Terms.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you represent and warrant that: (a) you own, or have the necessary licenses, rights, consents, and permissions in the User Submissions, to authorize Venus Selenite to use the User Submissions and grant the rights in this section; and (b) your User Submissions and the use of your User Submissions by Venus Selenite, its affiliates, partner organizations and successors, does not and will not (i) infringe or violate the rights of any third party (including any intellectual property rights), (ii) slander, defame or libel, or invade the right of privacy, publicity or other property rights of any person, or (iii) violate any applicable law or regulation.
Services – Creating a User Account
Some of the Services may require or allow you to create/receive a password and account designation. You are responsible for maintaining the confidentiality of any such password, account, and information displayed in the account profile. You are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Services through your username and password, you will defend and indemnify Venus Selenite and its employees, agents, affiliates, partner organizations, successors and assigns from and against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use. You agree to immediately notify Venus Selenite of any unauthorized use of your password or account or any other breach of security related to the Services of which you are aware.
Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms or is otherwise prohibited under applicable law. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the Content therein.
You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Services automatically.
Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the website or any activities conducted on the Services; or (c) bypass any measures we may use to prevent or restrict access to the Services.
Links
Links to Third Party Websites. From time to time, the Services may contain links to other websites that are not owned, operated or controlled by Venus Selenite. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services (or website) containing the link. We are not responsible for any content, materials or other information located on or accessible from any other website, including, but not limited to, any content that violates restrictions applicable to Venus Selenite. We also are not responsible for any products or services that you buy from third party websites or any donations made through those websites.
Venus Selenite does not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from the Services, you do so entirely at your own risk.
Links to Venus Selenite Services. By creating a link to any portion of the Services, you agree to be bound by the following terms. Your compliance with these terms, as the same may be revised from time to time in Venus Selenite’s sole discretion, is a prerequisite to your continued right to link to the Services:
- You may not insert any intermediate page, splash page or other content between the link and the applicable page from the Services or create a frame around the information provided from the Services or present it in any way other than it is presented on the Services;
- The posting of a link to the Services is not an endorsement by Venus Selenite of you, your viewpoints or any of the products or services that you or your organization may provide, and, when linking to the Services, you may not state or imply that Venus Selenite (or any of its affiliates or partner organizations) is endorsing you, your viewpoints or any of the products or services that you or your organization may provide;
- You shall not use any portion of the Content of the Services to carry on propaganda or otherwise attempt to influence legislation within the meaning of Section 4945(d)(1) of the Internal Revenue Code;
- Venus Selenite assumes no liability or responsibility whatsoever for any Content of any other website that is linked to the Services; and
- Venus Selenite reserves the right to terminate any links to the Services as it deems necessary, with or without cause or warning. If Venus Selenite chooses to exercise this right, you will be required to remove your link to the Services immediately.
Mobile Applications
If you download a mobile application for a Service (“App”), Venus Selenite grants you a personal, nonexclusive, nontransferable, revocable license to use for non-commercial purposes one (1) copy of the App for each Service on a single device that you own or control for use in connection with your account. The App includes all upgrades, modifications, functionality and enhancements thereof, as well as any related files and materials furnished or available in connection with the App. We do not warrant that the App will function properly on your device or is otherwise compatible with it. You are prohibited from making any copies of the App or modifying, disassembling, decompiling, or reverse engineering the App, subject only to applicable law. If there is any third party software or other intellectual property embodied in the App, such material is subject to the rights, title and interest of such third parties and any unauthorized use or copying is prohibited and subject to the terms of the respective third party’s end user license agreement. Third parties reserve all rights not granted in these Terms.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. Venus Selenite NOR ANY OF ITS RESPECTIVE OFFICERS, TRUSTEES, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS OR ASSIGNEES (COLLECITVELY, THE “REPRESENTATIVES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Venus Selenite OR THE REPRESENTATIVES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SERVICES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES, OR ANY ALLEGED COMPUTER VIRUS PERTAINING TO OR ON THE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEREVER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, OR NEGLIGENCE UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Venus Selenite and the Representatives disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Services, you acknowledge and agree to Venus Selenite’s disclaimer of any such liability. If you do not agree, you should not access or use the Services.
Indemnification
You agree to indemnify, defend and hold harmless the Venus Selenite and the Representatives from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the Services, any assistance or services provided by us or the Representatives to you, any alleged unauthorized use of the Services by you, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms.
Release
In the event that you have a dispute with one or more other users of the Services, you release Venus Selenite and the Representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Electronic Communications; Binding and Entire Agreement
You agree that (a) these Terms constitute an agreement “signed by you” under applicable law; (b) any notices or other communication regarding your use of the Services may be provided to you electronically (by posting on the website, by email, and other electronic formats) and will be considered received upon posting or other distribution. These Terms (including the Privacy Policy) constitute the entire agreement between you and Venus Selenite and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and all documents or notices relating to them and your use of the Services.
Severability
If any of these Terms is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms will be enforceable to the fullest extent permitted by law.
No Waiver
Venus Selenite’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of Venus Selenite’s rights, and Venus Selenite reserves its right to take all legal steps available to enforce these Terms. Termination will result in cancellation of all rights of access and use of Services.
Termination of Services and Survival
We reserve the right to terminate any of the Services at any time without notice for any reason, including without limitation for misuse of the Services in any way or inappropriate, unlawful, or unsafe behavior, as determined in our sole discretion. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms and Conditions shall survive any such termination. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination, such as, Intellectual Property Rights, Applicable Law and Jurisdiction and Severability.
