I. Agreement Upon Access of Content
I.I Governing Terms
I.III Changes to Site
Hymerhyme may change or discontinue any service or feature of the Site at any time, including, but not limited to, content, interactive community areas (“User Areas”), hours of availability, and equipment needed for access or use.
You are responsible for obtaining and maintaining all connectivity to networks, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to this equipment.
II. Community Guidelines & User Content
The following terms apply to content created by users as well as user conduct on the Site’s User Areas, including forums, profiles, comments, media uploads, links, shares, videos, photos, messages, or other user-generated content (collectively, “User Content”):
II.I Interactive Community Areas
II.II Community Guidelines
By submitting any User Content or participating in any of the User Areas within or in connection with the Site, you agree to abide by the following rules of conduct:
You agree not to upload, post or otherwise transmit any User Content that:
- violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others, which
you know to be false, misleading or inaccurate;
- directly threatens another user with physical or financial abuse;
- contains or advocates pornography or sexually explicit content in unauthorized public areas of the Site, or promotes pedophilia, incest, bestiality, or content otherwise deemed obscene by community standards in your locality;
- violates any law or provides instruction on dangerous, illegal, or predatory acts with the intent to commit them;
- discusses illegal activities with the intent to commit them;
- advertises the use or trafficking of illegal narcotics;
- attempts to sell illegal narcotics;
- advocates violent behavior or human trafficking;
- poses a reasonable threat to personal or public safety;
- contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes;
- is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right;
- does not generally pertain to the designated topic or theme of any of the User Areas; and
- contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation.
You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by Hymerhyme.
You agree not to impersonate any person or entity, including, but not limited to, Hymerhyme or any representative of Hymerhyme, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You agree not to represent or suggest, directly or indirectly, Hymerhyme’s endorsement of User Content.
You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally identifiable information about the Site’s users, or posting private information about a third party.
You agree not to upload, post or otherwise transmit any User Content which contains malware, including software or other materials embedded with trojans, rootkits, adware, ransomware, spyware or any other harmful or disruptive code which detracts from the functioning of the Site of the experience of other users.
You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site.
You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
Hymerhyme reserves the right to evaluate any conduct that restricts or inhibits anyone else from using or enjoying the Site. Hymerhyme reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason and without notice.
Hymerhyme does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of User Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using User Areas, you assume all associated risks.
The decision by Hymerhyme to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Hymerhyme in connection with or arising from use by you of User Areas on the Site.
II.IV License to User Content
II.V Rights of Attribution or Integrity
If it is determined that you rights of attribution or integrity in the User Content, you hereby declare that
- you do not require that any personally identifying information be used in connection with the User Content, or any derivative works;
- you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Hymerhyme, its licensees, successors, and assigns;
- you forever waive and agree not to claim any entitlement to any and all rights of attribution or integrity of an author in any of the User Content posted to any of the User Areas;
- you forever release Hymerhyme, its licensees, successors, and assigns, from any claims to your rights of attribution or integrity; and
- you permit any other user to access, view, store or reproduce the your User Content for that user’s personal use.
III Copyright Ownership
The Site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, blogs, pages, posts, software, applications, ebooks, infographics, photos, videos, graphics, music, and sound clips (collectively, “Digital Media”). All Digital Media of the Site are copyrighted as a collective work under the copyright laws of the United States. Hymerhyme owns copyright in the selection, coordination, arrangement, and enhancement of such Digital Media, as well as in the content original to the Digital Media. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Digital Media on the Site, in whole or in part. You may download the Digital Media for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, transmission, publication or commercial exploitation of the downloaded Digital Media will be permitted without the express written permission of Hymerhyme and the copyright owner. In the event of any permitted copying, redistribution or publication of the copyrighted Digital Media, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading the copyrighted Digital Media.
Notwithstanding the foregoing, you may freely share the copyrighted Digital Media on social networks according to the terms and conditions of their respective owners, as long as a hyperlink to the Site is included in each share. In regards to User Areas, the burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. You are responsible for all User Content submitted from Your Account. Any person, or user, determined by Hymerhyme, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
IV. Third Party Content
The Junkie Journal may distribute of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of Hymerhyme. Neither Hymerhyme nor any third party guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Sometimes, the content available through the Site may represent the opinions and judgments of the respective user or third party, who may not be under contract with Hymerhyne. Hymerhyme neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will Hymerhyme be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. Hymerhyme is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or story available on the Junkie Journal. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
V. Advertisements and Promotions
Hymerhyme may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Junkie Journal, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Hymerhyme is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements from Third Parties on the Site.
VI. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER HYMERHYME, ITS SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY AND RELIABILITY OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
VII. Limitation of Liability
THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. HYMERHYME IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL HYMERHYME, OR ITS PRESENT OR FUTURE PARENTS, SUBSIDIARIES, OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION OR INACTION ARISING OUT OF THE USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF HYMERHYME OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT HYMERHYME AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.
HYMERHYME DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO HYMERHYME’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THIS SITE.
You agree to defend, indemnify and hold harmless Hymerhyme, its affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you or Your Account. Hymerhyme reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide Hymerhyme with such cooperation as is reasonably requested by Hymerhyme.
Hymerhyme, its subsidiaries, and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
XI Governing Law
The Digital Media on the Site are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of Digital Media, services, and/or technology on or through the Sites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Delaware applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
Neither Hymerhyme nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation:
- fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies;
- any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body;
- labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; and
- an inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Hymerhyme respects the rights of all copyright holders, and in this regard, Hymerhyme has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hymerhyme the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Cory J. Cascalheira
Hymerhyme Holdings, LLC
224 Ridgeway Drive
Cataula, GA 31804
Phone: (706) 987-3440
For web posting, reprint, transcript or licensing requests for any Digital Media published by the Junkie Journal, please contact firstname.lastname@example.org.
For any questions or requests other than copyright issues or licensing requests, please contact email@example.com.