Category: User Help

Wednesday, March 03 2010

Terms & Conditions

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Updated: January 29th, 2014

Terms of Use

This web site ("Site") is operated by thrashermagazine.com, a subsidiary of High Speed Productions, Inc., and offered to you, the user, conditioned on your acceptance of the terms, conditions and notices contained or incorporated by reference herein and such additional terms and conditions, agreements and notices that may apply to any page or section of the Site.

These Terms & Conditions include our Privacy Policy, and by using our website(s) you agree to both.
 

Rights:

You acknowledge that:

  1. We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights") and;
  2. This Visitor Agreement and applicable copyright, trademark and other laws govern your use of such content.

 

Our Limited License to You:

You are free to display and print for your personal, non-commercial use information you receive through our site. You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the Rights holder. Requests for permission to reproduce, distribute or otherwise use materials found on our site should be made to greg@thrashermagazine.com. The burden of determining whether any content on our site is or is not protected by Rights rests with you.

Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, research, commentary, news reporting, and personal use. Unless otherwise noted, users who wish to download or print text and image files from this Web site for such uses may do so without High Speed Production's express permission, provided they comply with the following conditions:

  1. The content may only be used for personal, educational or non-commercial purposes;
  2. Users must cite the author and source of the content (this Web site) as they would material from any printed work;
  3. The citation must include all copyright information and other information associated with the content, as well as the URL for this Web site;
  4. Quotations shall be limited to no more than two paragraphs of any article, editorial, or other written content on our Web site;
  5. None of the text or images, or any other content, may be altered or modified;
  6. No more than one of our copyrighted images may be used or displayed on your web site, blog, or printed material.

 

Links:

You are free to encourage others to access the information on our site. We welcome links to our site. You are free to establish a hypertext link to our site so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner.

 

No Framing:

Without our prior written consent, you may not frame, or in-line link to, any of the content of our site, or incorporate into any other website or service any of our intellectual property.

 

Marks:

We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on our site without the prior written consent of the owner of the mark. Thrasher Magazine and all associated logos are marks owned by High Speed Productions, Inc.

 

Your License to Us:

By submitting material to or through our site, you grant us and our partners, agents, affiliates and service providers (collectively, "Affiliates"), the non-exclusive right to reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed. You agree that we and our Affiliates may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. You also permit any other user to access, display, and print such content for personal use. By submitting material to us, you are representing that such material does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner.

 

Notice of Copyright Infringement:

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this site, please notify us by sending an email to greg@thrashermagazine.com or by sending a notice by U.S. Mail to: Web Editor, Greg Smith, High Speed Productions, Inc., P.O. Box 884570, San Francisco, California 94188-4570. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.

 

Indemnity:

You agree to hold us and our affiliates, agents and licensors harmless from any claim that may arise from your use of any of our site.
 

Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss:

information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Pricing Information for more details. If you are not fully satisfied with your purchase you may return it with the original packing receipt within 30 days of the order date. Additional restrictions apply. Please see our Return Policy for more details. The risk of loss and title to items purchased from thrashermagazine.com pass to the purchaser upon our delivery to the carrier.

 

Disclaimer of Warranties:

You agree that use of this site is at your sole risk. Our site is provided on an “as is” and “as available” basis. High speed productions, inc., Its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and services available through our site. We do not guarantee our site to be error-free, secure, continuously available or free of viruses or other harmful components.

You also agree that if you rely on any data or information obtained through our site, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.

High Speed Productions, Inc., Its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through our site, other than those express warranties high speed productions, inc. Specifically makes on any high speed productions, inc. Order form.

 

Limitation of Liability:

Under no circumstances will High Speed Productions, Inc. or its affiliates, agents or licensors be liable to you or anyone else for any damages arising out of your use of our site, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages. You agree that the liability of High Speed Productions, Inc., its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to our site will not exceed the amount you paid to us to use the site. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of High Speed Productions, Inc., its affiliates, agents and licensors is limited to the fullest extent permitted by such state law.

 

Discontinuance, Modification & Restrictions:

We may discontinue, change, suspend, or restrict access to our site or any portion of our site without prior notice at any time without liability to you or any third party.

 

Applicable Law & Exclusive Jurisdiction:

This site is controlled and operated by High Speed Productions, Inc. from the state of California in the United States of America. Those who choose to access our site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. This Visitor Agreement constitutes an agreement made in, and to be construed in accordance with the laws of, the State of California without regard to its conflict of law provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in San Francisco County, California, in all disputes arising out of or relating to this agreement or any of our sites.

 

Dispute Resolution:

You agree not take any legal action against us that relates to or arises out of our website without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to Jeff Rafnson, jeff@hsproductions.com, or such other designee as High Speed Productions, Inc. may identify from time to time.

 

Miscellaneous:

In the event that any provision of this Visitor Agreement conflicts with the law under which this Visitor Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Visitor Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Visitor Agreement will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Visitor Agreement, or to exercise any right under the Visitor Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.

This Visitor Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.

Last modified on Wednesday, January 29 2014
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