Terms of Use * White Girl Records 2022

Application and Acceptance of the Terms of Use

Each time you access or use the Magazine Services, you agree to be bound by the Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Magazine Services that are owned or operated by White Girl Records Magazine Media, Inc. or its affiliates (“we”, “us”, “our” or “White Girl Records”).
You acknowledge that we will use information we obtain about you in connection with your access to and use of the Magazine Services in accordance with our Privacy Notice.
If you purchase a digital membership and/or subscription products (referred below as a Digital Membership Product), additional terms apply, including regarding the auto-renewal of your membership or subscription.
If you purchase a print subscription, additional terms regarding the auto-renewal and continuous service of your subscription (“Continuous Service Program”) apply.

Your Responsibilities

You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the Magazine Services.
You are solely responsible for any user content you provide to us.
You are responsible for your conduct in relation to the Magazine Services, and your access to or use of the Magazine Services and Content (as such term is defined in the full Terms of Use) is subject to the rules described in the section entitled “Your Conduct and Responsible Use of the Magazine Services” of the Terms of Use below.

Intellectual and Other Proprietary Rights

Your access and use of the Magazine Services and Content is for personal and noncommercial purposes only.
As between White Girl Records and you, White Girl Records owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Magazine Services and Content except, if applicable, with respect to your User Content.
You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Magazine Services (including any code used in any software) or Content, whether or not for profit.
If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Magazine Services. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion.

Release, Indemnity, Disclaimers and Limitation of Liability

You agree to indemnify and hold White Girl Records (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Magazine Services or Content, (b) your User Content, (c) your violation of the Terms of Use; or (d) your violation of applicable laws or regulations.
White Girl Records disclaims any warranties and provides the Magazine Services “as is”.
Our liability is limited as described in the Limitation of Liability section in the Terms of Use below.

Third Parties

White Girl Records is not responsible for any links to third-party websites, apps or other services, including social media platforms.
We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Magazine Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.

Termination

White Girl Records may, in its sole discretion, terminate your password, account (or any part thereof), access to or use of the Magazine Services, or remove and discard any User Content (as such term is defined in the Terms of Use below) or information stored, sent, or received via the Magazine Services without prior notice and for any reason or no reason.

User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Magazine Services (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by White Girl Records. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will White Girl Records be liable for any inaccuracy or defect in any User Content.

You hereby grant, and you represent and warrant that you have the right to grant, to White Girl Records an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Magazine Services are solely between you and such user. You agree that White Girl Records will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Magazine Services, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and White Girl Records has no obligation to monitor or delete any such User Content. White Girl Records may remove or modify any User Content without notice or liability at any time in White Girl Records’s sole discretion.

Disclaimers

THE MAGAZINE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE MAGAZINE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. White Girl Records ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. White Girl Records DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE Magazine Services or any online services linked to the Magazine Services in terms of their correctness, accuracy, reliability, or otherwise. UNDER NO CIRCUMSTANCES SHALL White Girl Records BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE MAGAZINE SERVICES, ANY CONTENT POSTED ON OR THROUGH THE MAGAZINE SERVICES, OR CONDUCT OF ANY USERS OF THE MAGAZINE SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE MAGAZINE SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR MAGAZINE SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH White Girl Records OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. White Girl Records CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MAGAZINE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE (AND OUR affiliates and OUR and their officers, directors, employees, contractors and agents ) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE MAGAZINE SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID White Girl Records IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.