The following Terms of Use outline your obligations when using the Overflow Magazine website. This agreement (hereinafter "Agreement") is by and between you and Eternal Holdings LLC, d/b/a Overflow Magazine (hereinafter "Overflow"). The web pages available at overflowmag.com and all linked pages (hereinafter "Site"), are owned and operated by Overflow.
Please read these Terms of Use carefully before accessing this Site. You are only authorized to access this site, regardless of whether your access is intended, if you agree to abide by all applicable laws, and to these Terms of Use which constitute the Agreement between you and Overflow, without modification of anything herein. Overflow reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time.
ACCESS & USE
As a condition of your use of the Site, you warrant to Overflow that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any other purpose not reasonably intended by Overflow.
The reproduction, distribution (including by way of email, facsimile or other electronic means), publication, or copying of any material from this Site is expressly prohibited unless you have obtained the prior written consent of Overflow. The material covered herein includes, without limitation, any text, graphics, logos, or photographs on this Site.
You agree to not: abuse, harass, threaten, impersonate or intimidate other Overflow users; post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party; for any illegal or unauthorized purpose; create or submit unwanted email to any other Overflow users or any URL; to violate any laws, including but not limited to copyright laws; or submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs, or off-topic content.
Additionally, you agrees that you will not: take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass any measures we may use to prevent or restrict access to the Site.
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
INDEMNITY/LIMITATION OF LIABILITY
You indemnify and hold harmless Overflow, its affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys' fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, violation of the Terms of Use or infringement by you of any intellectual property or other right of any person or entity.
The information on the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Overflow may make improvements and/or changes to the Site at any time.
Overflow makes no representations about the information and related graphics contained on the Site for any purpose. Overflow hereby disclaims all warranties and conditions with regard to this information and related graphics, including all implied warranties.
To the extent permitted by law, in no event shall Overflow be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, or for any information and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Overflow has been advised of the possibility of damages. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.
SUBMISSIONS
You agree not to upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity), unless you own or control the rights thereto or have received all necessary consents. You also agree not to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. You agree not to falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the material contained in a file that is uploaded.
Overflow reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Overflow's sole discretion.
Overflow does not claim ownership of the materials you provide to Overflow (including Magnify Him Reports, photographs, feedback and suggestions hereinafter "Submission"). However, by posting, uploading, inputting, providing or submitting the Submission, You are granting Overflow permission to use your Submission in connection with the operation of Overflow's website and magazine including, without limitation, the rights to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat the Submission, and publish your name in connection with the Submission.
No compensation will be paid with respect to the use of the Submission. Overflow is under no obligation to post or use any Submission by you and Overflow may use or remove any Submission at any time in Overflow's sole discretion.
By posting, uploading, inputting, providing or submitting the Submission, you warrant and represent that you own or otherwise control all of the rights to the Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
TERMINATION
Overflow reserves the right, in its sole discretion, to terminate your access to the Site at any time, without notice. This Agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of the courts in Hillsborough County, Florida in all disputes arising out of or relating to the use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Overflow as a result of this Agreement or use of the Site. Overflow's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits Overflow's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Overflow with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the sections set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and Overflow with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All contents of the Site are © 2009 Eternal Holdings LLC. All Rights Reserved.