Acceptance of the Terms
Changes to the Terms or Services
(a) We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. (b) We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Services without notice or liability. (c) IF ANY OF THESE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR REGISTRATION BY SENDING E-MAIL TO: [email@example.com] (SEE SECTION 11 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES, INCLUDING THE SITE, NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL INDICATE YOUR ACCEPTANCE OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Registration and Security
Content of the Services
(a) These Terms permit you to use the Services for your personal, non-commercial use only. All materials published on the Services, including, but not limited to news articles, opinions, editorials, reviews, photographs, images, illustrations, audio clips and video clips (collectively, the “Content”) are owned by The Knife, its licensors or other providers of such Content and are protected by United States and international copyright, trademark and other intellectual property or proprietary rights laws. Except as specifically authorized in Section 4(b) below, you agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services in whole or in part. You agree to comply with all additional copyright notices, information and restrictions contained in any Content accessed through the Service. (b) You may occasionally (i) download a copy of the Content from the Service without charge for personal, non-commercial use only, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service; and (ii) [use our “Email Article” service to email an article from the Service to a few individuals without charge]. Please consult The Knife’s [Reprints/Permissions Department] at [email] you need to distribute any Content to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by these Terms. (c) No right, title or interest in the Content is transferred to you, and The Knife reserves all rights not expressly granted by these Terms. Any distribution, modification, copying or other use of the Content not expressly permitted by these Terms is a breach of these Terms that may violate copyright, trademark and other laws and result in termination of the Services.
(a) The Site may contain message boards, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “Contributions”) on or through the Services. All Contributions must comply with these Terms. (b) Contributions must not (i) contain any material which is defamatory, obscene, indecent, pornographic, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or illegal; (ii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (iii) be likely to deceive any person; (iv) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (v) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or (vi) deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” (c) The Knife encourages heated debate and welcomes active discussions on the Services, but personal attacks are a breach of these Terms and are grounds for immediate and permanent suspension of access to all or part of the Services. (d) Any Contribution you provide to the Services will be considered non-confidential and non-proprietary. By making a Contribution, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses. By posting any Contribution on the Site or otherwise in connection with the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to your Contributions, which includes without limitation the right for The Knife or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Contribution posted by you on or to the Services or any other website owned by The Knife, including any Contribution posted on or to the Services through a third party. (e) You are solely responsible for the content of your Contributions. The Knife does not and cannot review every Contribution and is not responsible for the content of any Contributions. The Knife reserves the right to delete, move, or edit Contributions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Third-Party Content and Links
The Services may contain third-party owned content and links to other websites (“Linked Sites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under our control, and we are not responsible for the content or privacy practices of the Linked Sites.
Charges for Services
We may charge for access to portions of the Services or to the Services as a whole. We reserve the right at any time to change the amount we charge for such access or subscriptions that include authorization to access the Services. We will notify you in advance, and give you an opportunity to subscribe (or un-subscribe) to the Services. More information about any subscriptions can be found in the appropriate locations of the Services, including our [Refund Policy]. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You agree to pay all applicable taxes relating to use of the Services through your account.
Representations and Warranties
(a) You represent, warrant and covenant (i) that no materials of any kind submitted through your account will (A) contain libelous or otherwise unlawful material or (B) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; and (ii) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless The Knife and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these or the foregoing representations, warranties and covenants. The Knife reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate as fully as reasonably required in the defense of any such claim. (b) THE SERVICES ARE PROVIDED “AS IS”. THE KNIFE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. THE KNIFE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. YOUR USE OF THE SERVICES AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK. THE KNIFE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (IV) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF THE INFORMATION MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY THE KNIFE, INCLUDING ANY OPINION, STATEMENT, ADVICE OR OTHER MATERIAL DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES RELATING TO THE PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE KNIFE OR ANY THIRD PARTY.
Limitation of Liability
IN NO EVENT WILL THE KNIFE OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABILE FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, SECURITY BREACH, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF THE KNIFE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY COURT OR OTHER AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Trademarks and Service Marks
All rights in the product and service names, logos, designs, trade dress and slogans are trademarks of The Knife or its affiliates or licensors. You must not use the marks or other materials without the prior written permission of The Knife. All other product and service names, logos, designs, trade dress and slogans contained in the Services are the trademarks of their respective owners.
You may terminate your registration for the Services at any time by emailing us at firstname.lastname@example.org. Upon termination, we will send you an email confirmation that the cancellation was processed, and your access will be suspended within 24 hours. The Knife may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms.
Terms of Sale
These terms governs the sale of The Knife Media products and services.
The Knife Media offers information services via the website www.theknifemedia.com. These services will only be available if you become a member of The Knife Media and subscribe with a monthly membership fee. Only one person may use the user name and password associated with a digital product account. The Knife Media reserves the right to modify at any time the content, type and availability of any of its digital products.
Subscription and Billing
The Knife Media accepts major credit cards. At any time, we reserve the right to reject any order. Access will be terminated if the initial payment is revoked. All charges are nonrefundable unless otherwise specified in the Cancellation and Refund Policy. You agree to pay the price and the billing frequency that is stated at the time of your order, as well as any applicable taxes. You can review or change your payment method in My Account. Your digital product subscription, which may start with an initial fee and /or a promotional rate, will renew automatically at the end of each billing cycle, until you cancel your subscription or we terminate it. You will not be notified in advance of impending renewals. We reserve the right to make changes in the timing of the billing cycle, in particular in the event that the payment method has failed to settle charges. If your payment method is declined for a recurring payment, your subscription may be immediately suspended.
Promotions, Price Changes, Additional Costs
We reserve the right to change or terminate any offered subscriptions or promotions at any time. We reserve the right to change subscription fees for any of our digital products at any time. We will notify you of any changes in the fee for your subscription from what was stated at the time of your initial order. You will have the opportunity to cancel your subscription at that time. If you do not cancel your subscription, you will be charged the new subscription fee at your next billing cycle. Your subscription may not include access to all of the digital products offered by The Knife Media. You may have to pay additional fees to access other products. The additional costs will be clearly stated. When you use the digital product, you may incur other additional charges from third party service providers (such as telecommunications fees, data fees or service provider fees.) You are responsible for paying any additional charges.
Changes to the Terms of Sale
We may change these Terms of Sale, you will have access to new terms if such changes are made.