PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The AlisterPaine.com Web site (the “Web Site” or “AlisterPaine.com”) is provided by Alister & Paine INC. (“Alister & Paine”) for your and others’ personal, non-commercial enjoyment, subject to the terms of these Terms and Conditions of use, any and all modifications thereto, and the rules that may be published from time to time by Alister & Paine (“Terms and Conditions”). By using this Web Site and/or engaging in business/communication with Alister & Paine, you are deemed to have agreed to these Terms and Conditions. Alister & Paine may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on AlisterPaine.com. By using this Web Site after we post any changes, you agree to accept those changes, whether or not you have actually reviewed them. This User Agreement shall govern and prevail over any email correspondence, telephone calls, or other communication. Only an Engagement Letter or Loan Agreement, signed by an agent of Alister & Paine Magazine, shall have the power to override this User Agreement. If at any time you choose not to accept these Terms and Conditions of use, please discontinue use this site.
Article I. User Conduct
This Web Site, email distribution and any communications service, including the capability to contribute content material ideas or any other ideas by email or otherwise (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Alister & Paine reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
- Impersonate any person or entity, including, but not limited to, an Alister & Paine agent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to engage in the Web Site or the Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or the Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Alister & Paine is not responsible for material submitted to Alister & Paine. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Alister & Paine. You agree to immediately notify Alister & Paine of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Alister & Paine may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Alister & Paine, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Alister & Paine assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to AlisterPaine.com.
Any or all Content on the Web Site may be purged periodically in Alister & Paine’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Alister & Paine or submitted to Alister & Paine, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Alister & Paine, and Alister & Paine does not support or endorse Content (including any Contribution, whether or not edited by Alister & Paine or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Article II. Restrictions on Use of Material
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from Alister & Paine (and from all other entities with an interest in the relevant intellectual property) are you permitted to publish, display or commercially exploit any material from the Web Site. To seek permission, you may write to Alister & Paine at the address provided below. If permission is granted by Alister & Paine and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
Article III. Unsolicited & Solicited Materials
In operating this site, Alister & Paine does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Alister & Paine mail and email addresses, or in any other way. Any information or material submitted or sent to Alister & Paine, will be deemed not to be confidential or secret. By submitting or sending information or other material to Alister & Paine you represent and warrant that the information is original to you and that no other party has any rights to the material. Due to the sheer volume of unsolicited & solicited goods sent to Alister & Paine and the cost associated with receiving and returning said goods no product samples will be returned unless otherwise agreed upon in writing, executed with the signature of an authorized Alister & Paine employee. If no specific date of return is provided Alister & Paine shall return product samples at their discretion. Any product samples sent on loan shall become the property of Alister & Paine Magazine if left unclaimed within thirty (30) days of receipt and may be disposed of at our discretion.
In no way will the sending of product samples to Alister & Paine Magazine be meant to construe a sale, purchase, or acceptance of liability for the product samples in any way whatsoever. If you wish to have products returned to you please ensure a Loan Agreement is executed by both a representative of your organization, countersigned by an authorized representative of Alister & Paine Magazine, prior to releasing any product samples. Please remember that all product samples are governed by our “Tried & True” Editorial Policy which means if we haven’t tried it—and loved it—our readers won’t find it in the digital pages of our publication. To that end, if we do try a product and do not feel it meets our standards there is no obligation for us to feature the product in the magazine. Likewise, should we feel the product is not a good fit for the magazine Alister & Paine Magazine will not purchase the samples or honor unilaterally submitted invoices. To be clear, all products, brochures, memory sticks, thumb drives, magazines, catalogues, or other materials submitted to Alister & Paine Magazine become the property of Alister & Paine Magazine unless a Loan Agreement is executed, and signed by hand, by an agent of Alister & Paine Magazine.
Article IV. User’s Grant Of Limited License
By communicating with Alister & Paine, including submitting or sending Content, a Contribution or other information or material to Alister & Paine, you grant Alister & Paine the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into an Alister & Paine or Web Site feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or any portion thereof, or other communication to Alister & Paine.
You also warrant that any “moral rights” in posted materials have been waived.
Article V. Linked Sites
The Web Site and Services may contain certain links to third parties’ Web Sites (“Linked Sites”) from the Alister & Paine Web Site. Linked Sites are not, however, reviewed, controlled, or examined by Alister & Paine in any way and Alister & Paine is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Alister & Paine’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Alister & Paine be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Alister & Paine reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by Alister & Paine for any type of link to the Web Site or any Alister & Paine Content. To seek permission, you may write to Alister & Paine at the address listed below. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Article VI. Contests, Promotions, Simulations or Games
From time to time, Alister & Paine may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Promotions”). To participate in Promotions, users may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Alister & Paine. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. Alister & Paine, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Alister & Paine and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the Web Site. Alister & Paine is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Promotion and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Promotion is conducted, is subject to immediate disqualification and revocation of their registration. Alister & Paine is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Promotions may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with respect to that Promotion.
Alister & Paine reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.
Article VII. Intellectual Property Rights
All materials contained in this Web Site and the Services are the copyrighted property of Alister & Paine and its affiliates or licensors. As between Alister & Paine and you, Alister & Paine is the sole owner of all content on the Web Site and the Services, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site, the Services or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Article VIII. Parental Permission
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. Alister & Paine may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Alister & Paine may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Article X. Disclaimer Of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ALISTER & PAINE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. ALISTER & PAINE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
ALISTER & PAINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR SERVICES. YOU (AND NOT ALISTER & PAINE OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Article XI. Limitation Of Liability
IN NO EVENT WILL ALISTER & PAINE, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE OR SERVICES, EVEN IF ALISTER & PAINE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ALISTER & PAINE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Article XII. Indemnification
Upon a request by Alister & Paine, you agree to defend, indemnify and hold Alister & Paine, its affiliates, officers, directors, members and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Alister & Paine reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Alister & Paine in asserting any available defense.
Article XIII. Copyrights
Alister & Paine respects the intellectual property rights of others, and requires that the people who use the Web Site and Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address listed below:
- Your username, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Article XIV. Applicable Laws / Jurisdiction
You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Alister & Paine or relating in any way to your use of the Web Site resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving Alister & Paine or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in New York. We do not represent that materials on the site are appropriate or available for use outside of New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to jenna [at] alisterpaine.com.
Article XV. Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Article XVI. Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Alister & Paine may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us at jenna [at] alisterpaine.com.
Thank you for taking the time and interest to review our policies at Alister & Paine. Please continue to enjoy the information we bring you.
Alister & Paine