1. INTRODUCTION
1.1 The Musings website (“Website”) is owned and operated by Musings as musingsmag.com.
1.2 These terms and conditions govern your use of the Website produced by Musings, including participation in the Website’s comment features and bulletin.
1.3 The purpose of the Website is to provide a forum for the exchange of information, opinions and comments. Your use of the Website will constitute your agreement to comply with these terms and conditions.
1.4 If you do not agree with these terms and conditions, please do not use the Website.
1.5 These terms and conditions may be changed by Musings from time to time. As continued use of the Website will constitute acceptance of the changes to the terms and conditions, it is important you take note of the changes, to which Musings will bring to your attention by placing a notice on this page of the Website.
1.6 Your failure to comply with these terms and conditions may result in termination, without notice, of your access to the Website.
2. CONTENT ON THE WEBSITE
2.1 The contents of the Website are intended for your personal, noncommercial use. All materials published on the Website (including, but not limited to articles, images, illustrations, and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Musings or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Website.
2.2 The Content is protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Use), create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Electrify Mag, or the copyright holder identified in the copyright notice contained in the Content.
3. USE OF WEBSITE
3.1 You agree not to use obscene, indecent or offensive language or to place on the Website material that is defamatory, false, abusive or hateful.
3.2 You agree not to place on the Website encrypted material or material that constitutes unauthorized advertising, an invasion of another’s right to privacy or encourages conduct that would constitute a criminal offense or give rise to civil liability. You agree to use the Website for lawful purposes only.
3.3 You agree you are responsible for ensuring that material in whatever form you provide to or post on the Website does not violate third party rights, including, without limitation, copyrights, trademarks and other proprietary rights.
3.4 You agree not to do anything which may disrupt, modify or interfere with the Website, its software or hardware or may interfere with another’s use of the Website.
3.5 You agree not to alter, in any way, information or materials on the Website.
4. LINKS
4.1 Musings reserves the right to request the removal of a link to the Website which infringes third party rights or contains content that is obscene, distasteful or offensive or implies Musings is endorsing the link or its products or services.
5. USE OF MATERIAL POSTED BY YOU
5.1 Postings to the Website are not private. You grant Musings a perpetual royalty free non-exclusive license to use, reproduce, modify, adapt, translate, create derivative works from, transmit, distribute, perform, play, incorporate in other works and sub-license in any medium now or hereafter developed and for any purpose whatsoever any material you may supply or communicate. You warrant that your material is your own original work and you have the right to make it available for the purposes specified in this paragraph.
5.2 You agree Musings is not responsible and shall have no liability to you with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
6. COMMENTS BY USERS
6.1 Information or material placed online by users, including advice and opinions is the view and responsibility of those users and does not necessarily represent the view of Musings.
7. RESERVATION OF RIGHT
7.1 Musings reserves the right in its sole discretion, but is under no obligation, to review, edit or delete material posted by users on any part of the Website without notice.
8. PRIVACY POLICY
8.1 The information you provide about yourself to Musings will only be used by Musings in accordance with its privacy policy. For clarification purposes, the privacy policy does not apply to or cover third party sites.
9. ADVERTISING AND SPONSORSHIP
9.1 Parts of the Website contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring material submitted for inclusion on the Website complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue.
9.2 We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
9.3 The Website contains contextual affiliate links from which we may potentially earn revenue. However, the content of our articles are never influenced by advertisers or an affiliate, nor are they written for the purpose of promoting a product except when specifically noted otherwise.
10. PROMOTION, COMPETITION AND PRIZE DRAWS
10.1 From time to time we may run competitions, free prize draws and/or other promotions on the Website. Any such competitions, prize draws and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
11. CHOICE OF LAW AND JURISDICTION
11.1 These Terms of Use will be governed by and construed in accordance with the laws of the State of New York within the United States, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Musings or its Website must be filed in a federal or state court located in New York.
12. LIMITATION OF LIABILITY
12.1 You acknowledge you are using the Website at your own risk. The Content is provided “as is” and to the extent permitted by applicable law, Musings expressly disclaims all warranties, express and implied, including but not limited to warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or other warranty, condition, guarantee or representation, in whatever form, including but not limited to the accuracy or completeness of information contained in or provided by the service.
13. INDEMNITY
13.1 You agree to indemnify and hold Musings, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website.
14. ADDITIONAL PROVISIONS
14.1 Musings does not represent or warrant that access to its service will be uninterrupted or there will be no failures, errors or omissions or loss of transmitted information or no viruses will be transmitted on the service.
14.2 Save for the provisions of the following clause Musings shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access or inability to access the service, including for viruses alleged to have been obtained from the service, your use of or reliance on the service or the information or materials available on the service, regardless of the type of claim or the nature or cause of action.
14.3 Musings’s liability will not be limited in the case of death or personal injury directly caused by Musings’s negligence.
15. GENERAL
15.1 These terms and conditions are the complete and entire agreement between the parties and supersede any prior terms, conditions or agreements, whether written or oral.
15.2 If any of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect
15.3 Failure of either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
