Hyphen magazine - Asian American arts, culture, and politics


Terms of Use

Last Updated: March 8, 2011

These Terms of Use govern your access to and use of Hyphen magazine’s (“Hyphen”) website at www.hyphenmagazine.com (the “Website”), any information, text, graphics, or other materials appearing on the Website (the “Content”), and any services provided through the Website (the “Services”). Your access to and use of the Website, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Website, Content, or Services, you agree to be bound by these Terms of Use (including but not limited to applicable Hyphen policies that are referenced herein).

Modification of Terms of Use

You acknowledge and agree that Hyphen may revise these Terms of Use from time to time. By continuing to access or use the Website, Content, or Services after Hyphen makes any such revision, you agree to be bound by the revised Terms of Use. In addition, Hyphen may also send you an email informing you that the Terms of Use have changed.

Privacy

See Hyphen’s Privacy Policy here for information, policies and notices concerning Hyphen’s collection and use of your personal information.

Your Use of the Content

If you post any information, text, graphics, or other materials on the Website or otherwise provide such information, text, graphics, or materials to Hyphen, then such information, text, graphics or materials shall be considered “Content” and you hereby grant Hyphen a non-exclusive, perpetual, irrevocable, royalty-free right and license to use, distribute, display, copy, and otherwise exploit such Content.

Hyphen Property

All right, title, and interest in and to the Website, Content, and Services are and will remain the exclusive property of Hyphen and its licensors. The Website, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Content, or Services. You may not copy or modify the HTML and other code used to generate web pages on the Website. You may not use the Website, Content, or Services on or in connection with any other website, for any purpose.

General Prohibitions

You agree not to do any of the following while using the Website, Content or Services:

  • Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Post or publish any advertising or commercial solicitation on or transmit using the Website without Hyphen’s prior written approval;
  • Access, tamper with, or use non-public areas of the Website, Hyphen’s computer systems, or the technical delivery systems of Hyphen’s providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Website, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software or search agents provided by Hyphen or other generally available third-party web browsers (such as Microsoft Internet Explorer or Apple Safari);
  • Send unsolicited email, junk mail, “spam,” chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Content or Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Content, or Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website; or
  • Impersonate or misrepresent your affiliation with any person or entity.

Hyphen will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Website security issues, to the fullest extent of the law. Hyphen may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Hyphen has no obligation to monitor your access to or use of the Website, Content, and Services, but has the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Digital Millennium Copyright Act Compliance

Copyright Infringement. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, please contact our DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  • Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  • Your contact information so that we can contact you (for example, your address, telephone number, email address);
  • A statement that you have a good faith belief that the use of the material identified in sub-section ii above is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  • Your physical or electronic signature.

Please send this written notice to our designated agent as follows:

DMCA Agent: Hung Chang
17 Walter U. Lum Place
San Francisco, CA 94108
Email: leg...@hyphenmagazine.com

Counter-Notification. If material that you have posted to the Site has been taken down, you may file a counter-notification that contains the following details:

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  • Your name, address and telephone number;
  • A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which PlayFirst, Inc. may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
  • Your physical or electronic signature.

Please send this written notice to our designated agent as follows:

DMCA Agent: Hung Chang
17 Walter U. Lum Place
San Francisco, CA 94108
Email: leg...@hyphenmagazine.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.

Links

The Website may contain links to third-party websites or resources. You acknowledge and agree that Hyphen is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hyphen of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

If you violate any of these Terms of Use, your permission to use the Website, Content, and Services will automatically terminate. Hyphen reserves the right to revoke your access to and use of the Website, Content, and Services at any time, with or without cause. Hyphen also reserves the right to cease providing or to change the Website, Content, or Services at any time and without notice.

Use of the Website at Your Own Risk

Your access to and use of the Website, Content, and Services is at your own risk. Hyphen will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, Content, or Services.

The Website is Available “AS-IS”

THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HYPHEN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

HYPHEN MAKES NO WARRANTY THAT THE WEBSITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HYPHEN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE WEBSITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, CONTENT OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HYPHEN OR THROUGH THE WEBSITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ANY STATEMENTS MADE BY ADVICE COLUMNISTS ARE GENERALIZATIONS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY; THEY ARE NOT INTENDED, AND SHOULD NOT BE TAKEN, AS SPECIFIC ADVICE IN ANY PARTICULAR CIRCUMSTANCE. SUCH CONTENT OR MESSAGES DO NOT CONSTITUTE COUNSELING OF ANY KIND. USERS WHO MAY BE SEEKING PERSONAL ADVICE APPLICABLE TO THEIR PERSONAL SITUATIONS ARE URGED TO CONSULT WITH A QUALIFIED COUNSELOR WITH RESPECT TO SUCH ISSUES.

Indemnity

You agree to defend, indemnify, and hold harmless Hyphen, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website, Content, or Services, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Hyphen NOR ANY OTHER party involved in creating, producing, or delivering the Website, content, or services will be liable for any incidental, SPECIAL, consequential or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the Website, content, or services, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, whether or not Hyphen has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Hyphen IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Hyphen WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF HYPHEN TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE Website, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO HYPHEN (IF ANY) FOR ACCESS TO AND USE OF THE Website, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HYPHEN AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

International Users.

The Website is controlled, operated and administered by Hyphen within the United States. Hyphen makes no representation that Content or Services available through the Website are appropriate or available for use outside the United States. You agree to access or use the Website, the Content or the Services only to the extent such access or use is permitted by the laws, rules and regulations in the jurisdiction where you are located. You may not use the Website or export the Content or Services in violation of any US law, rule or regulation (including but not limited to applicable export laws and regulations). If you access the Website from a location outside the United States, you are responsible for compliance with all applicable laws, rules or regulations.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

The failure of Hyphen to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Hyphen and you regarding the Website, Content, and Services, and these Terms of Use supersede and replace any prior agreements between Hyphen and you regarding the Website, Content, and Services.

If you have any questions about these Terms of Use, please contact Hyphen at leg...@hyphenmagazine.com

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