Terms of Use

UPDATED: Monday, December 8, 2008

Welcome to the RETHINK Monthly magazine web site at RETHINKMonthly.com (“Site”) which is owned by Rethink, Inc. (RI). This Site is operated by RI and materials on the Site are owned, for the most part, by RI. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and RI.

RI has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and RI. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@rethinkmonthly.com.

RI reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.

Access and Use:

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of RI or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.

Requests for permission to reproduce or distribute materials found on this Site can be made by contacting RI in writing at:

Rethink Inc., Attn: Reprint Department, PO Box, Salem, Oregon 97305.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

RSS Feeds

RI offers free Web logs (blogs) for personal, non-commercial use via Really Simple Syndication (“RSS”) (RSS 2.0). To use RSS, you will need a special RSS news reader or aggregator that will allow you to collect and display the RSS content. RI does not provide the required news reader or aggregator. There are many different news readers available, many for free. Most news readers are applications that you download and install. Others are web-based services you sign up for that work inside your browser.

These Terms of Use and RI’s Privacy Policy govern your use of RSS. Any uses of RSS not granted herein are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising associated with or targeted at the content of the RSS. You may not edit or modify the RSS feeds in any manner whatsoever. RSS feeds may be used only with platforms with a functional link which takes the viewer directly to the full article on the Site. You may not insert any intermediate page, splash page or any other content between the RSS link and the applicable article on the Site. RI retains all ownership and other rights in the RSS content and in any and all RI logos and trademarks used in connection with RSS feeds. If you provide attribution using a graphic, you must use the appropriate RI logo incorporated into the RSS content or feed.

RI reserves the right to cease offering any or all of the RSS feeds at any time or to require you to cease distributing any or all of the feeds at any time for any reason. RI assumes no liability for your activities in connection with the RSS feeds or for your use of the feeds in connection with your website.

Podcasts

RI’s podcasting service (“Podcasting Service”) consists of free news and information audio files (“Podcast Content”) that may be downloaded to your computer and then transferred to your MP3 player.

These Terms of Use and RI’s Privacy Policy govern your use of the Podcasting Service. Any uses of the Podcasting Service not granted herein are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising associated with or targeted at the Podcast Content, redistribution of the Podcast Content and the use of the Podcast Content in a manner which suggests or implies that RI endorses any products, services or causes of a third party. You may not edit or modify the Podcast Content or links in any manner whatsoever.

You may only use the Podcasting Service with platforms which provide a functional link that, when accessed, takes the user directly to the podcast feed on the Site. The Podcast Content may be used only in a manner which allows linking or redirection to or delivery of the applicable page on the Site. You may not insert any intermediate page, splash page or any other content between the podcast link and the applicable page on the Site. RI retains all ownership and other rights in the Podcast Content and in any and all RI logos and trademarks used in connection with the Podcasting Service. If applicable, you must provide attribution to the appropriate page on the Site in connection with your use of the Podcasting Service, and, if you use a graphic in the attribution, you must use the appropriate RI logo incorporated into the Podcast Content.

RI reserves the right to cease offering any or all of the Podcasting Service or Podcast Content at any time or to require you to cease any and all use of the Podcasting Service or Podcast Content at any time for any reason. RI assumes no liability for your activities in connection with the Podcasting Service or for your use of the Podcast Content in connection with your website, computer or MP3 player.

Unsolicited Submissions

RI does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. RI ‘s policy is to simply delete any such submission without reading it or forwarding it to other RI staff. Therefore, any similarity between an unsolicited submission and any elements in any RI creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to RI via this Site, however, these submissions become the property of RI and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as RI sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against RI, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Linked Sites and Advertising

If you are interested in creating hypertext links to this Site, you must contact info@rethinkmonthly.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or RI, including its respective employees, agents, directors, officers and shareholders.
If RI has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that RI is connected with, operates or controls these web sites.
RI is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with RI. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.

RI takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

Disclaimer of Liability and Warranties

While RI does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that RI DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that RI and third party content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that RI is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that RI and third party content providers are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

Indemnity

You agree to defend, indemnify and hold harmless RI, its parents and affiliates together with their respective employees, agents, directors, and officers, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Termination

RI reserves the right to immediately terminate your use of, or access to, this Site at any time if RI decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that RI considers to be inappropriate or unacceptable.

Copyright Infringement

If you believe that any material contained in this Site infringes your copyright, you should notify RI of your copyright infringement claim in accordance with the following procedure.

RI will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent:

Web Editor, Rethink Inc, PO Box 17316, Salem, Oregon 97301: FAX 503-394-7121, info@rethinkmonthly.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of Oregon without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of regon or, if appropriate, the United States District Court for the District of Oregon for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Trademarks

RETHINK Monthly is a registered trademark of Rethink, Inc. All other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of RI or the owner of such trademark, service mark or trade name, except as explicitly permitted in these Terms of Use.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s