T&C


Terms and conditions for contributors and visitors

The following terms and conditions govern all use of the Afterglow Arthouse Website(s) and all content, services and products available at or through the Website. The Website is offered subject to your acceptance without modification of the terms and conditions contained herein and all other associated operating rules and policies (including, without limitation, Afterglow Arthouse Privacy Policy).

Please read this Agreement carefully before accessing or using the Afterglow Arthouse website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Contributors

Our products and services are designed to give contributors as much control and ownership over your content on Afterglow Arthouse as possible and to encourage contributors to express themselves freely. However, each user/member must be responsible for the content they upload to Afterglow Arthouse. In particular, as a user/member, you must make certain that none of the prohibited items listed below appear on Afterglow Arthouse or get linked to from your site (things like spam, viruses, illegal content or hate content).

Your use of our service(s) implies that you have read and accepted these Terms and Conditions. The Website (all Afterglow Arthouse websites may hereafter be referred to, both individually and collectively, as “The Website”) from which you accessed this agreement is provided to you subject to the conditions listed below. These terms are in addition to any other terms that individual Website owners within the Afterglow Arthouse may include for governing access to their Websites.

Responsibility of Contributors.

If you operate a Website, comment on a Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other type of electronic content. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
  • your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Afterglow Arthouse or otherwise.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • You agree not to post copyrighted material that does not belong to you.
  • All material uploaded onto this website is copyrighted by the respective owners and remains the property of that individual.
  • Uploading explicit images and video content is prohibited.
  • We reserve the right to remove anyone seen or reported to be utilising this website for indecent purposes.
  • You agree not to use unnecessarily explicit language.
  • For your safety, you agree NOT pass on personal information on this site, or information of any other person(s).

By submitting Content to Afterglow Arthouse for inclusion on the Website, you grant Afterglow Arthouse a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your work or Content. If you delete Content and advise Afterglow Arthouse, Afterglow Arthouse will use reasonable efforts to remove said Content from the Website (generally within two business days), but you acknowledge that caching and/or other references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Afterglow Arthouse has the right (though not the obligation) to, in Afterglow Arthouse’s sole discretion (i) refuse or remove any content that, in Afterglow Arthouse’s reasonable opinion, violates any Afterglow Arthouse’s policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Afterglow Arthouse’s sole discretion. Where it may apply, Afterglow Arthouse will have no obligation to provide a refund of any amounts previously paid.

Visitors

Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.

The access rights granted to you under the Terms Of Use are non-transferable without the express written permission of the owner of Afterglow Arthouse. You are responsible for the actions of any other person who may utilize your access rights on the Afterglow Arthouse Website.

SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS

A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.

Email addresses on the Afterglow Arthouse are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. Intentional collection, harvesting, gathering, and/or storing the Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.

Responsibility of Website Visitors.

Afterglow Arthouse accepts articles written by a number of authors, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Afterglow Arthouse does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to Afterglow Arthouse. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to Afterglow Arthouse. Afterglow Arthouse disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

  • The content of the pages of this website are for your general information and use only. It is subject to change without notice.
  • You acknowledge that neither we nor any third parties provide any warranties while you are using this website for any particular purpose. We expressly exclude liability for any possible harm to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material that may be owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than upon receiving explicit permission.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, made available through the Websites and WebPages to which Afterglow Arthouse links, and that link to Afterglow Arthouse. Afterglow Arthouse does not have any control over those non-Afterglow Arthouse Websites and WebPages, and is not responsible for their contents or their use. By linking to a non-Afterglow Arthouse Website or webpage, Afterglow Arthouse does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Afterglow Arthouse disclaims any responsibility for any harm resulting from your use of non-Afterglow Arthouse Websites and WebPages.

Copyright Infringement and DMCA Policy.

As Afterglow Arthouse asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Afterglow Arthouse violates your copyright, you are encouraged to notify Afterglow Arthouse. Afterglow Arthouse will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Afterglow Arthouse or others, Afterglow Arthouse may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Afterglow Arthouse will have no obligation to provide a refund of any amounts previously paid to Afterglow Arthouse.

Intellectual Property.

This Agreement does not transfer from Afterglow Arthouse to you any Afterglow Arthouse or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Afterglow Arthouse. Afterglow Arthouse, the Afterglow Arthouse domain, the Afterglow Arthouse logo, and all other trademarks, service marks, graphics and logos used in connection with Afterglow Arthouse, or the Website are trademarks or registered trademarks of Afterglow Arthouse or Afterglow Arthouse’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Afterglow Arthouse or third-party trademarks.

Changes.

Afterglow Arthouse reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Afterglow Arthouse may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Afterglow Arthouse may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Afterglow Arthouse account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such account can only be terminated by Afterglow Arthouse if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Afterglow Arthouse’s notice to you thereof; provided that, Afterglow Arthouse can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The materials on Afterglow Arthouse’s Website are provided ‘as is’. Afterglow Arthouse makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Afterglow Arthouse does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability.

In no event will Afterglow Arthouse, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Afterglow Arthouse under this agreement during the twelve (12) month period prior to the cause of action. Afterglow Arthouse shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Afterglow Arthouse  Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Afterglow Arthouse, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.

APPLICABLE LAW AND JURISDICTION

Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.

RECORDS OF VISITOR USE AND ABUSE

You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.

VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

Site Terms of Use Modifications

Afterglow Arthouse may revise these Terms of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Simply put; play nice.