Terms of Use
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Published: June 1, 2020.

Noema Magazine (“Noema”, and sometimes referred to as “we”, “us” and “our”) has adopted these Terms of Use (“Terms”) to govern our users’ (“user” “you” or “your”) use of this website, our mobile and tablet applications, and other online services we provide (collectively, the “Platform”).  Please read the Terms carefully before using the Platform.  By using the Platform, you agree to comply with and be bound by these Terms.  If you do not agree to the Terms, you should not use the Platform.

Agreement

These Terms are an agreement between you and us that specifies the terms and conditions for your access to, and use of, the Platform.  We may modify these Terms at any time by posting a modified Terms of Use on the Platform and/or emailing you to let you know about such modifications.  Any modifications shall be effective immediately, and your continued use of the Platform after any modifications constitute acceptance of such modifications.  You can view the most recent version of these Terms at any time on the Platform.

Other Terms and Policies 

When using our Platform, you are subject to any posted policies, guidelines or rules applicable to use of the Platform and any services provided through the Platform including, but not limited to, the Privacy Policy (collectively, “Other Terms and Policies”).  The Other Terms and Policies, and any Other Terms and Policies and conditions meant by their nature to be incorporated into these Terms, are hereby incorporated.  We reserve the right, and you authorize us, to use and disclose information regarding your use of the Platform and all information provided by you in any manner consistent with our Privacy Policy and in accordance with all applicable laws and regulations including, but not limited to, the California Consumer Privacy Act of 2018, as may be amended from time to time, and subject to any rules and regulations promulgated by the Attorney General of California from time to time, if applicable.  We further reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes to Products, Services and Prices

We reserve the right to make changes to the services, products and prices listed on the Platform, and to other content on the Platform, at any time without providing you prior written notice of such changes, subject to the below.  We also reserve the right to correct any typographical errors, inaccuracies or inconsistencies found on the Platform, at any time without providing you with prior written notice of such changes.

We may charge certain fees for access to portions of the Platform, services provided through the Platform, or access to the Platform as a whole.  We reserve the right to change the amount of any such fees at any time.  We will notify you of any changes to the fees in advance.  You are responsible for all applicable taxes relating to the use of the Platform and acknowledge that there may be third-party fees related to your use of the Platform which are not included in the fees we charge, such as fees to Internet service providers and providers of mobile data plans.

Intellectual Property

All works and materials on the Platform, including text, photographs, graphics, video, audio, computer code, articles and other content, and the copyrights thereto are owned by us or by our third-party licensors, as applicable.  Additionally, all content or intellectual property included on the Platform is and shall continue to be our sole and exclusive property, or the property of our content suppliers, as the case may be, and is protected by law, including applicable copyright, patent, and trademark laws and regulations, and any other proprietary rights which may be associated with such intellectual property or content.

We authorize you to view, copy, download and print the information and images on the Platform subject to these Terms and the Other Terms and Policies including, without limitation, your compliance with each of the following:

•           all such materials may be used solely for your personal, non-commercial and informational purposes;

•           none of the materials may be modified; and

•           the following copyright notice and permission notice must appear on each such document:

“© Copyright 2020 Noema Magazine.  All rights reserved. Materials available from Noema Magazine websites are protected by
the copyright laws of the United States and International Treaties.  All use of these materials is subject to the Terms of Use set forth
at  http://www.noemamag.com/terms-of-use/.”

You are prohibited from reproducing, copying, publishing, displaying, performing, modifying, creating derivative works from, transmitting, redistributing or in any way exploiting materials on the Platform.  We retain the right to refuse permission to use any portion of the Platform.

An application to register NOEMA MAGAZINE has been filed by Noema with the U.S. Patent and Trademark Office and is currently pending.  The aforementioned trademark and any other trademark or service mark applied for or owned by Noema, collectively referred to as “our marks” or “our trademarks,” identify the products and services we provide, and let the public know the source of such products and services.  You may not use our marks including, but not limited to, our trademarks, service marks, tradenames, logos, taglines, or stylized/design marks, without our prior written consent.

You may not use any of our trademarks (1) in a service name or publication title not associated with us, (2) in, as or as part of your own service or trademarks, (3) to identify services or products that are not ours, (4) in a way that is likely to cause confusion, (5) in a way that inaccurately implies that we endorse, sponsor, or are otherwise connected with your activities, products or services, or (6) as embedded or hidden text in webpages in an effort to cause a search of our marks to result in a hit on a page not maintained by us.

There may be trademarks, copyrights, or other intellectual property owned by or licensed to us used on the Platform, and such intellectual property may not be reproduced, copied, published, displayed, performed, modified, used to create derivative works, transmitted, redistributed or in any way exploited without our prior written consent.  Other product, service and company names mentioned on the Platform may be trademarks of their respective owners and may not be used without prior written consent from such owners.

Under no circumstances will you acquire any ownership rights or other interest in any content or intellectual property rights by or through your use of the Platform.

User Conduct

You agree that you will not:

•           use the Platform for any illegal or unauthorized purposes;

•           use the Platform in a way that violates these Terms or the Other Terms and Policies;

•           promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;

•           defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

•           impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;

•           use the Platform for any commercial purpose whatsoever other than for your personal use;

•           distribute any part of the Platform over any network, including a local area network;

•           sell or offer for sale any part of the Platform;

•           attempt to gain unauthorized access to the Platform or the network and servers associated with the Platform;

•           remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;

•           circumvent, or attempt to circumvent, security or access control technology used by the Platform or the network and servers associated with the Platform;

•           interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Platform’s pages, or otherwise affect the display of the Platform’s pages;

•           collect or otherwise use contact information available on the Platform for purposes of sending improper, unsolicited communications and that you will not use any of our communications facilities to deliver, or attempt to deliver, improper, unsolicited communications;

•           use the Platform in any manner that would degrade the functioning or performance of the Platform, including launching Denial-of-Service (DoS) attacks against the Platform;

•           use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform;

•           transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

•           run Mail list, Listserv, or any form of auto-responder or “spam” on the Platform;

•           attempt to decipher, disassemble, reverse-engineer or decompile any software comprising or in any way making up a part of the Platform;

•           use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information; or

•           use any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Platform or collect information about its users for any unauthorized purpose.

Your use of the Platform is at our discretion and we may terminate your use of the Platform at any time. Violation of these Terms may result in civil or criminal liability, and we may work with law enforcement authorities to prosecute users who violate these Terms.

Unauthorized Access

You may require a password and account identification to allow you to access and use certain portions of the Platform. You may provide us with certain information during the registration process, which you agree to keep accurate and updated.  Each set of login credentials is for a single user only.  To that end, you are not allowed to share your credentials with any other person.  Should we discover that multiple users are sharing your login credentials, we may suspend or terminate your access to the Platform.

Each time you use a password or identification, you will be deemed to be authorized to access and use the Platform in a manner consistent with these Terms.  We have no obligation to investigate the authorization or source of any such access or use of the Platform.  You are solely responsible for all access to and use of the Platform by anyone using your password or identification whether or not such access to and use of the Platform is actually authorized by you.  You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.  You must notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of the Platform’s security.

Audience

The Platform is not intended for any children under the age of 13. Anyone under the age of 13 is prohibited from using the Platform.  By using the Platform, you represent and warrant that you are at least 13 years old.

Links to Third Party Websites

We may provide (and permit other parties to provide) links to other websites or resources.  Because you acknowledge and agree that we have no control of such websites and resources, we are not responsible for the availability of such websites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.  You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

DISCLAIMER OF WARRANTIES; LIMITED LIABILITY

ANY INFORMATION PROVIDED ON THE PLATFORM IS GENERAL INFORMATION AND IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WE PERIODICALLY ADD CHANGES TO OR UPDATE THE INFORMATION AND MATERIALS AVAILABLE ON THE PLATFORM WITHOUT NOTICE.  YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (1) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE CONTENT ON THE PLATFORM, (2) AVAILABILITY OF THE PLATFORM AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION OR (3) ANY VIRUSES OR OTHER HARMFUL COMPONENTS PRESENT ON THE PLATFORM.  ANY TESTIMONIAL OR ENDORSEMENT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE USE OF OUR SERVICES OR PRODUCTS.  SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON WARRANTIES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY AMOUNT OR CHARACTER (INCLUDING, WITHOUT LIMITATION, ANY GENERAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (1) YOUR ACCESS TO, OR USE OF,  MISUSE OF, OR INABILITY TO USE THE PLATFORM OR ANY LINKED WEBSITES, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, VIRUS OR LINE OR SYSTEM FAILURE OF THE PLATFORM.  IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH OUR AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO THESE TERMS (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR YOUR USE OF THE PLATFORM FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.

Indemnification

You agree to indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, shareholders and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms by you.  You agree that the Indemnified Parties will have no liability with respect to any such breach or unauthorized use by you, and you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and costs in connection therewith.  You also agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of, relating to, or in connection with your use of any information, content or service accessed through the Platform.

Compliance with Laws

You agree to comply with all applicable laws and regulations with respect to your use of the Platform.  You also agree that information provided by you is truthful, complete and accurate to the best of your knowledge.  You agree to abide by all Federal, State and local laws and regulations.  If you are outside the United States you must comply with all applicable laws and regulations with respect to your online conduct, as well as the export of data to or from the United States or to or from your country or residence.

Copyright Violations

We respect the intellectual property rights of others, and we expect our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Designated Copyright Agent:

•           A description of the copyrighted work you claim has been infringed;

•           The material you claim is infringing and the URL of the link shown on the Platform or the exact location where such material may be found;

•           Your company affiliation (if applicable), mailing address, telephone number and email address;

•           The following statement: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use). I hereby state that the information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and

•           An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest and such person’s full legal name.

Our Designated Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows:

Attn:                Noema Magazine

By Mail:          304 S. Broadway, Suite 500 Los Angeles, CA 90013

By Phone:       (310) 550-7083

Governing Law

These Terms and your use of the Platform shall be governed by the laws of the State of California, as applied between residents of that state entering into contracts to be performed wholly within the State of California, without regard to its conflict of law provisions.

Disputes

Any dispute relating in any way to your visit to the Platform or to any services or products you purchase through the Platform must be submitted to confidential, binding arbitration in Los Angeles, California.  Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association.  The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise.

Notwithstanding the foregoing, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California.  You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles County, California.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, ANY SERVICE PROVIDED BY THE PLATFORM, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Remedies

You acknowledge and agree that damages for any actual or threatened breach of these Terms would be inadequate, and that we are therefore entitled to seek specific performance, injunctive relief, or both, in addition to any other damages we may legally be entitled to recover.  We may also recover reasonable expenses of any dispute resolution or legal proceeding, including reasonable attorney’s fees and legal costs.  None of our rights or remedies shall be exclusive of any other, whether at law or in equity.

 Miscellaneous Provisions

These Terms and the Other Terms and Policies constitute the entire agreement between you and us with respect to your access to and use of the Platform and supersede all prior and contemporaneous agreements between you and us, if any, regarding your access to and use of the Platform.  If any of the provisions of these Terms or the Other Terms and Policies are found by a court of competent jurisdiction to be void, invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.  Our failure to exercise or enforce any right or provision of these Terms or any of the Other Terms and Policies shall not constitute a waiver of such right or provision. 

Nothing contained in these Terms or the Other Terms and Policies or your use of the Platform shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or any goods or services provided therein with or without notice.  You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Platform or any goods or services.

Contact Information

If you have any questions regarding these Terms or any of the Other Terms and Policies, please contact us at:

Noema Magazine

304 S. Broadway, Suite 500
Los Angeles, CA 90013
Phone: (310) 550-7083
Email: edit@noemamag.com