TERMS & CONDITIONS
Last modified 05/25/2017 • PLEASE READ THESE TERMS CAREFULLY
Whitespace Magazine™ LLC exclusively owns and controls the Sites, which provides information about our products and services and may, from time to time, provide access to educational materials pertaining to art, design and photography. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise.
Unless explicitly stated otherwise, as between you and Whitespace Magazine™ LLC, Whitespace Magazine™ LLC name owns all right, title, and interest in and to the Sites, including, without limitation, site content, organization, graphics, design, compilation and other matters related to or included on the Sites. Our name, Whitespace Magazine™ LLC and all related names, logos, product and service names, designs and slogans are our trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission.
THIRD PARTY RIGHTS
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Whitespace Magazine™ LLC either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. We respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner. If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us via mail or email at the contact information listed below and provide us with the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
LINKING TO OUR SITES
Anyone linking to the Sites must comply with all applicable laws and should not: (i) misrepresent its relationship with Whitespace Magazine™ LLC; (ii) present false or misleading information about Whitespace Magazine™ LLC; or (iii) contain content that is reasonably considered profanity, defamatory, vulgar, offensive, or unlawful.
ADVERTISEMENTS AND LINKS
We may include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not ours. You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Whitespace Magazine™ LLC of the contents on such third-party sites. We expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Whitespace Magazine™ LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. Whitespace Magazine™ LLC, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
CHOICE OF LAW AND VENUE
These Terms are governed by the laws of the State of Illinois without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Geneseo, IL.
YOUR COMMENTS AND CONCERNS
This website is operated by Whitespace Magazine™ LLC, Geneseo, IL, 61254. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: firstname.lastname@example.org