Terms & Conditions
Updated: October 26, 2010
- You grant to us a license to use the Submitted Material(s) on the terms provided below, but you otherwise retain all of your rights in your Submitted Material(s). Submission to Psychoanalysis.today does not change your ownership of your Submitted Material(s).
- Consideration. In consideration for Psychoanalysis.today providing the Services and you providing the Submitted Material(s), the parties hereby agree to the terms of the Agreement
- Eligibility. Submissions of Material(s) to Psychoanalysis.today are tied to authors and may be made only by the individual author and by representatives of the author who have the legal right to act on behalf of the author. If you are not the author or do not have the legal right to act on behalf of the author, you may not submit any Material(s) for that author.
- Permitted Material(s). You may use Psychoanalysis.today to submit Material(s) that you own or otherwise have the right to submit. You may not submit Material(s) that are illegal, obscene, threatening, defamatory, or otherwise contain any objectionable or inappropriate content, nor may you submit Material(s) that injure or violate the rights of any third party, including privacy, publicity, copyright, trademark, patent or other intellectual property rights.
- License Grant. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, distribute, transmit, perform, modify and display all Submitted Material(s) in any media formats solely in connection with the Services and the marketing, promotion and distribution of the Services. You confirm that the rights you grant to us for such Material(s) are irrevocable and extend to us and to any person or entity designated or engaged by us or acting on our behalf.
- Identity. You represent and warrant that the information provided by you via our online process is true. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide any false or misleading information, including any information provided in establishing an account or provided as to the origin of any Submitted Material(s). You are fully responsible for all communications and activities that occur in relation to Psychoanalysis.today which come from your computer or computer facilities, including your e-mail account and password, and are fully responsible for the actions of any agent, manager or other representative you authorize to act on your behalf with respect to Psychoanalysis.today, as if such actions were made by you.
- Representations, Warranties and Indemnities. You represent and warrant that: (a) you have all the rights necessary to grant us the license to use the Submitted Material(s) on the terms provided in this Agreement; you either own all the rights in any Submitted Material(s) (including performance rights) or that you have the necessary authorization of those who own these rights; (b) that you have procured that no payments in respect of music publishing shall be due in relation to the inclusion of the Submitted Material(s) in Psychoanalysis.today; (c) our use of the Submitted Material(s) as authorized by this Agreement will not violate or infringe the privacy rights, publicity rights, intellectual property rights or other rights of any person or entity and are not defamatory; and (d) all factual statements that you submit are accurate and not misleading. You agree to indemnify, defend and hold harmless Psychoanalysis.today and its directors, officers, employees, agents and assigns from all claims, liabilities, damages and expenses, including reasonable legal fees and expenses, arising out of or in connection with the Submitted Material(s) or from your breach of this Agreement or your representations or warranties.
- Limitation of Liability; Disclaimer of Warranties. Psychoanalysis.today is made available on an "as is" and "as available" basis. To the fullest extent permissible under applicable laws, we disclaim any and all warranties, express or implied, with respect to Psychoanalysis.today, including implied warranties of merchantability and fitness for a particular purpose. In no event will we be liable for any damages of any kind arising from your use of Psychoanalysis.today, including any direct, indirect, incidental, punitive or consequential loss whether based on contract, tort, or otherwise, regardless of whether we or our affiliates knew or had any reason to know of the possibility of such loss. Nothing in this Agreement is intended to exclude Psychoanalysis.today’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or for any matter that it would be illegal for either party to exclude or attempt to exclude its liability. We take no responsibility and assume no liability for any Material(s) submitted under your account.
- We may terminate any account at any time in our discretion and modify Psychoanalysis.today or discontinue or suspend offering Psychoanalysis.today, in whole or in part, at any time. Similarly, you may discontinue your use of Psychoanalysis.today at any time.
- We have no obligation to use, post or distribute your Submitted Material(s). We may, in our sole discretion, remove your Submitted Material(s) at any time.
- We may communicate with you in connection with your use of Psychoanalysis.today electronically and in other media, and you consent to such communications regardless of any customer communication or similar preferences or requests you may have indicated to Psychoanalysis.today by any means. We may also share your contact information (including email address) with third parties for verification purposes.
- Our failure to insist upon or enforce your strict compliance with the terms of this Agreement will not constitute a waiver of any of our rights. This Agreement constitutes the entire agreement between you and Psychoanalysis.today. If any provision of this Agreement is found to be invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any other provision. If there are any conflicts between these Psychoanalysis.today Terms and any rules, guidelines and policies these Psychoanalysis.today Terms will prevail.
- Neither this Agreement nor your use of Psychoanalysis.today will create or imply any relationship of agency, franchise, partnership or joint venture between you and Psychoanalysis.today.
- We may modify the terms of this Agreement at any time in our sole discretion without notice to you by posting the revised terms at Psychoanalysis.today and you are responsible for remaining apprised of the current version of this Agreement. Your continued use of Psychoanalysis.today after we post revisions to this Agreement will constitute your acceptance of the revised Agreement. If you do not agree to any posted changes, you may not continue to use Psychoanalysis.today.
- A person who is not a party to the Agreement does not have any rights under or in connection with it by virtue of any applicable law.
- You may not assign any of your rights or obligations under the Agreement
- Headings and titles used herein are for the convenience of the parties only and will not be used in the interpretation or construction of this Agreement.
- This Agreement is governed by and construed in accordance with the laws of xxx and you submit to the non-exclusive jurisdiction of the Courts of xxx.
IF YOU DISAGREE WITH OUR POLICIES AND TERMS PLEASE DO NOT SEND US ANY MATERIAL FOR PUBLICATION.
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