These Terms apply to the services, software, and applications the UI Applications provide online and goods and services Underground Interviews makes available offline (collectively or individually, the “Service(s)”). By accessing the UI Applications or using the Services you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its Terms whether or not you become a subscriber to any Underground Interviews goods or services. This Agreement governs the acceptable use of the Services and content accessed through the UI Applications, and your rights, obligations and restrictions regarding your use of the Services.
License and Warranties. By using the Communication Services and submitting User Content to the UI Applications, you grant to Rolling Stone, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the Sites, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial or non-commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the UI Applications a non-exclusive license to access your User Content as permitted through the functionality of the UI Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
No Confidentiality. You acknowledge and agree that your communications via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by Underground Interviews and others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Underground Interviews is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with the User Requirements.
User Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Publish, post, upload, transmit, distribute or disseminate content that is illegal, harmful, abusive, threatening, vulgar, sexually explicit, defamatory, obscene, embarrassing, unwanted, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable or encourage others to do so.
Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the UI Applications or Services or other users’ computers.
Except as expressly authorized by Underground Interviews , advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited emails.
Impersonate or create a false identity (such as a celebrity or Underground Interviews representative) for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
Improperly use support or complaint buttons or make false reports to Underground Interviews administrators.
Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
Use the Services for fraudulent transactions.
Sell, buy, or transfer access to your account.
Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
4. Proprietary Rights
The Services and all material published on the UI Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software, data, sounds, messages, comments, ratings, and other materials on the UI Applications (together “Content”) is owned by Underground Interviewsor its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. In addition, Underground Interviews owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the UI Applications. All trademarks, service marks, trade names, and trade dress appearing on the Sites (“Marks”) are proprietary to Underground Interviews and/or our licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, UI Applications or the Services, in whole or in part, without Underground Interviews prior written consent. You may download Content for your personal, non-commercial use only as provided in these Terms, or as may be otherwise permitted by Underground Interviews from time to time, provided that do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of Underground Interviews or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from UI Applications. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Underground Interviews without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Underground Interviews name or trademarks without the express written consent of Underground Interviews . You may not use any Underground Interviews logo or other proprietary graphic or trademark as part of the link without express written permission. If you engage in any uses not permitted by these Term, all permissions or licenses granted by Underground Interviews in these Terms shall automatically terminate.
No Other License Granted. Except for allowing you to use the UI Applications and Service for your personal use as set forth in the paragraph above, when you use the UI Applications or Service, you are not receiving a license or any other rights from Underground Interviews, including intellectual property or other proprietary rights of Underground Interviews. You understand that you have no rights to the UI Applications or Services or any other Underground Interviews property except as we indicate in these Terms.
5. Digital Millennium Copyright Act ("DMCA") Notice
Underground Interviews has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Underground Interviews has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Further, we reserve the right to terminate, discontinue, suspend and/or restrict the ability to visit and/or use the Service or remove, edit, erase or disable any User Content on the UI Applications which allegedly infringes another person's copyright. It is out policy to terminate the access of repeat offenders. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the UI Applications or the Service. If you believe any materials on the UI Applications or the Services infringe a copyright, you should provide us with written notice that at a minimum contains:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Underground Interviews Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn: Legal/DMCA Complaints
Underground Interviews, Tm
1820 Arbor LnCrest Hill, IL 60403
By email: firstname.lastname@example.org
Age Requirements. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the UI Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Underground Interview Application and Services.
Links. You may be able to access other websites or resources through links on the Site. Because Rolling Stone has no control over such sites and resources, you acknowledge and agree Rolling Stone is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does Rolling Stone endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Rolling Stone 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 site or resource.
Third Party Opinions. The UI Applications may contain views, opinions and statements of various third party individuals and organizations. Underground Interviews neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of the UI Applications. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or contents available through the UI Applications and to seek appropriate advice of professionals, as appropriate.
7. Legal Notices
Disclaimer of Warranties.Underground Interviews WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THE UI APPLICATIONS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON RS APPLICATIONS, WHICH ARE PROVIDED "AS IS." UNDERGROUND INTERVIEWS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN RS APPLICATIONS AT ANY TIME INCLUDING CHANGES TO THESE TERMS. UNDERGROUND INTERVIEWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, LINKS OR OTHER ITEMS CONAINED HEREIN. UNDERGROUND INTERVIEWS DOES NOT MAKE ANY REPRESENTATIONS THAT RS APPLICATIONS OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT RS APPLICATIONS SHALL BE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE Underground Interviews APPLICATIONS, OR OBTAINED FROM A SITE TO WHICH THE UNDERGROUND INTERVIEWS APPLICATIONS ARE LINKED, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. ROLLING STONE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE UNDERGROUND INTERVIEWS APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL UNDERGROUND INTERVIEWS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE ROLLING STONE APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE UNDERGROUND INTERVIEWS APPLICATIONS OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNDERGROUND INTERVIEWS OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE RS APPLICATIONS OR THE SERVICES, EVEN IF UNDERGROUND INTERVIEWS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN UNDERGROUND INTERVIEWS AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $20. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the UI Applications or using the Services and agree to indemnify and hold Underground Interviews, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the IL Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Access to Services. Underground Interviews reserves the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Underground Interviews also reserves the right to change, modify, discontinue, suspend or abandon the UI Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The US Applications and Services are controlled from facilities in the United States. Underground Interviews makes no representations that the UI Applications or Services are appropriate or available for use in other locations. Those who access or use the UI Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Underground Interviews ("Dispute") will rest, and you and Underground Interviews each agree to submit to the exclusive jurisdiction of, the courts of the State of Illinois . You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated, and you waive your right to trial by jury. Any cause of action you may have with respect to Underground Interviews, the Services, the content or the UI Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and Underground Interviews. They supersede any and all prior or contemporaneous agreements between you and Underground Interviews relating to your use of the UI Applications or the Services. Underground Interviews may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Underground Interviews to partially or fully exercise any rights or the waiver of Underground Interviews of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Underground Interviews or be deemed a waiver by Underground Interviews of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Underground Interviews under these Terms and any other applicable agreement between you and Underground Interviews shall be cumulative, and the exercise of any such right or remedy shall not limit Underground Interviews right to exercise any other right or remedy.
Trademark(Tm) 2017 Underground Interviews, Tm
. All rights reserved.
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