TERMS OF USE
Last updated: October 24, 2016
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.thecleaverquarterly.com website (referred to herein as the “Website” or the “Site”) operated by The Cleaver Quarterly, Inc. ("us", "we", or "our").
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms, please do not access this Website.
Use of Materials
Material on this Website, including but not limited to sound recordings, images, logos, trademarks and Works (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by The Cleaver Quarterly, or used with permission of the owner(s) of such Material. The display of Materials at this Website does not imply that a license of any kind has been granted to you.
The Cleaver Quarterly hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:
• your use of the Website as permitted is solely for your personal, noncommercial use;
• you will not copy or distribute any part of the Website in any medium and you will not “frame” the Website or any Materials in any site you create or operate without The Cleaver Quarterly’s prior written authorization; you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website; and,
• you will comply with these Terms of Use and applicable laws.
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of The Cleaver Quarterly, is prohibited. You may download digital files where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Links to Other Web Sites
Our Website may contain links to third party websites or services that are not owned or controlled by The Cleaver Quarterly. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links, The Cleaver Quarterly shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. The Cleaver Quarterly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that The Cleaver Quarterly 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 services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Limitation of Liability and Use Disclaimer
The Cleaver Quarterly endeavors to make sure that all information and data it originates on the Website is accurate. However, The Cleaver Quarterly is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THAT THE WEBSITE, AND/OR ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. THE CLEAVER QUARTERLY RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.
THE CLEAVER QUARTERLY MAKES NO WARRANTIES OR REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
THE CLEAVER QUARTERLY SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. CERTAIN JURISDICTIONS PROHIBIT THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR PROHIBIT WAIVERS AGAINST FUTURE FRAUD, AND ACCORDINGLY, SUCH LIMITATIONS OR WAIVERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE CLEAVER QUARTERLY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW.
The Cleaver Quarterly is not responsible for any damages or loss related to your reliance on any outdated version of these terms of use.
Governing Law
Use of this Website and these Terms shall be governed and construed in accordance with the laws of the State of California of the United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website.
Changes to the Terms of Use
From time to time, these Terms of Use may change. The Cleaver Quarterly reserves the right, at our sole discretion, to modify or replace these Terms of Use at any time without prior individual notice. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
Contact Us
If you have any questions about these Terms, please contact us at thecleaverquarterly@gmail.com.