Terms & Conditions

Terms of Service

Your continued use of PipesMagazine.com constitutes acceptance of these Terms of Service, which may be modified by us from time to time. The current version of this document will always be available on PipesMagazine.com, and it is your responsibility to review it on a regular basis. By continuing to use this site, you agree to be bound by any future changes published on PipesMagazine.com.

While much of this website is open to the public, certain services, including participation in the online interactive community, require registration. Participation in this online community is a privilege and not a right. If you violate these Terms of Service or otherwise disrupt PipesMagazine.com or make a nuisance of yourself, we may cancel your account, prohibit you from opening alternate accounts and deny you access to affected portions of the website.

The contents of PipesMagazine.com are automatically copyrighted by Right Click Media, LLC, as of the date of publication and in many cases by original content creators. For so long as your account remains active and in good standing, you are granted a nontransferable license to use, for personal, noncommercial use, content on PipesMagazine.com. You are not entitled to redistribute or republish content from PipesMagazine.com, or from any content provider herein, without the express, written permission of Right Click Media, LLC or the original copyright holder.

You expressly agree that Right Click Media, LLC shall bear no liability for delays, inaccuracies, errors and omissions or defamation for any content provided by any third party, including news services and PipesMagazine.com members, or for material on third-party sites to which PipesMagazine.com may be linked.

Restrictions on Use

You may only use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without the Owner’s express prior written consent. For example, you may not (and may not authorize any other party to): (i) co brand the Site, (ii) frame the Site; and/or, (iii) hyper-link to the Site, without the express prior written permission of an authorized representative of the Owner. For purposes of these Terms of Use, "co branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with the Owner in causing any unauthorized co-branding, framing and/or hyper-linking immediately to cease.

Proprietary Information

The material and content accessible from the Site, and any other World Wide Web site owned, operated, licensed and/or controlled by the Owner (the "Content") is the proprietary information of the Owner and/or the party that provided the Content to the Owner and the Owner and/or the party that provided the Content to the Owner retain all rights, title and interests in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted and/or transmitted in any way without the express prior written consent of the Owner, except that you may print out a copy of the Content solely for your personal use. In doing so, you shall not remove and/or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, and/or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content, except as expressly provided in these Terms of Use, violates the Owner’s intellectual property rights and will be responded to with the full measure of the law. Neither title nor intellectual property rights are transferred to you by access to the Site.

Hyper-Links

The Site may be hyper-linked to other sites which are not maintained by, or related to, the Owner. Hyper-links to such sites are provided as a service to users and are not controlled by this Site or the Owner. The Owner has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk and the Owner makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Owner of that site.

Becoming a member

To access some services and to contribute to the community conversation on PipesMagazine.com, you must first create an account and become a member. While membership grants certain privileges, it also carries with it many responsibilities.

You must provide and maintain accurate personal information in your account record. You may not impersonate anyone in either the private or public portions of your user profile. You may post information using only your own account, and you are responsible for anything posted under your identity, including defamatory material, illegal activity, and infringement of other people’s intellectual property rights. You are responsible for maintaining the security of your account and the secrecy of your password. You may not share your password with any third party.

Our use of your personally-identifying information is covered by the Privacy Policy. While PipesMagazine.com allows you to post content under a pseudonym or "screen name," you are in no way anonymous.

While some parts of PipesMagazine.com are open to all, membership is available only to persons aged 18 years and over. Under no circumstances may persons under the age of 18 register for an account, and PipesMagazine.com explicitly does not solicit or accept personally identifying information from persons under the age of 18.

Posting content

When you contribute content to PipesMagazine.com, you may post only content that you created, that you own, or for which you otherwise possess express permission or licensing rights. By uploading or otherwise posting any content, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it in this medium as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not defame, cause injury to, or harass, any person or entity.

You retain your ownership rights to material you post; however, by posting or uploading content such as text, images, audio and video works, you grant PipesMagazine.com, Right Click Media, LLC, its related companies and licensees a world-wide, royalty-free, perpetual license to reproduce your content on PipesMagazine.com and in any other media now known or later developed, and to use your publicly disclosed identity and related information for online and offline purposes, including commercial uses.

PipesMagazine.com may remove content at any time for any reason or no reason and is in no way responsible for storage or continued availability of content. PipesMagazine.com is not required, and will not endeavor, to pre-screen or review content that is posted by users. PipesMagazine.com, however, reserves the right to do so in the future at its sole discretion. In cases where you post content as private or semi-private, including private messaging, PipesMagazine.com will not be responsible for ensuring the security of that private content and may divulge that content to government or private investigators at its sole discretion.

Submissions

You hereby grant to the Owner the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics and/or other information communicated to the Owner through the Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Owner will not be required to treat any Submission as confidential, and may use any Submission in her business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Owner operations.

The Owner will treat any personal information that you submit through the Site in accordance with its Privacy Policy.

Notice of Copyright Infringement

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via PipesMagazine.com, please notify us by sending a notice by U.S. Mail to Right Click Media, LLC, 175 2nd Street South – PH1, St. Petersburg, FL 33701 . You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on PipesMagazine.com.

Trademarks

Content on PipesMagazine.com includes logotypes, trademarks and service marks (collectively "Marks") owned by PipesMagazine.com, its parent company or affiliated, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance, in writing by PipesMagazine.com.

TRADEMARKS, SERVICE MARKS AND LOGOS APPEARING IN THE SITE ARE THE PROPERTY OF THE OWNER OR THE PARTY THAT PROVIDED THE TRADEMARKS, SERVICE MARKS AND LOGOS TO THE OWNER. THE OWNER AND ANY PARTY THAT PROVIDED TRADEMARKS, SERVICE MARKS AND LOGOS TO THE OWNER RETAIN ALL RIGHTS WITH RESPECT TO ANY OF THEIR RESPECTIVE TRADEMARKS, SERVICE MARKS AND/OR LOGOS APPEARING IN THE SITE.

Conduct and Use

You agree not to post, email, or otherwise make available content:
– that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harms minors in any way;
– that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
– that purports to be from any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
– that includes personal or identifying information about another person without that person’s explicit consent.
– that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
– that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
– that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or "pyramid schemes."
– that constitutes or contains any form of advertising or solicitation if (1) posted in areas which are not designated for such purposes; or (2) emailed to PipesMagazine.com users who have requested not to be contacted about other services, products or commercial interests.
– that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
– that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
– that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.
Additionally, you agree not to:
– contact anyone who has asked not to be contacted;
– "stalk" or otherwise harass anyone;
– collect personal data about other users for commercial or unlawful purposes;
– use automated means, including scripts, spiders, robots, crawlers, data mining tools, or the like to download data from or upload data to PipesMagazine.com;
– post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
– attempt to gain unauthorized access to PipesMagazine.com computer systems or any other user’s computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, PipesMagazine.com.

Termination of Account

Your account on PipesMagazine.com may be terminated at any time, with or without notice, for any violation of the foregoing terms, or any other legitimate, good-faith reason not enumerated above, in the sole discretion of Right Click Media, LLC. In the event your account is terminated, you agree that your sole recourse is to request reinstatement of your account and membership privileges by contacting PipesMagazine.com via the Contact Form. You may not open alternate accounts.

Privacy

The Privacy Policy explains how we gather and use information from users, and is incorporated here by reference.

No Warranties

PipesMagazine.com AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Our Liability

UNDER NO CIRCUMSTANCES SHALL PipesMagazine.com, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF PipesMagazine.com OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.

Indemnity

YOU WILL INDEMNIFY AND HOLD THE OWNER, SUBSIDIARIES, OFFICERS, OFFICIALS, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, DESIGNEES, DIRECTORS AND CONTRACTORS (THE "INDEMNIFIED PARTIES") HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE SITE.

GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF FLORIDA. YOU AGREE THAT THE LAWS AND JUDICIAL DECISIONS OF PINELLAS COUNTY, FLORIDA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT SHALL BE BROUGHT IN THE COURTS OF PINELLAS COUNTY, FLORIDA. YOU AGREE TO SUBMIT TO JURISDICTION AND VENUE IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF FLORIDA LOCATED IN TALLAHASSEE, FLORIDA.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

Security

You are prohibited from using any services and/or facilities provided in connection with the Site to compromise security or tamper with the security system resources and/or accounts of this Site. The use and/or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Owner reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Owner reserves the right to investigate suspected violations of these Terms of Use and prosecute them to the fullest extent of the law.

The Owner shall fully cooperate with any law enforcement authorities and/or legitimate court order requesting or directing the Owner to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE OWNER FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OWNER DURING AND/OR AS A RESULT OF HER INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE OWNER OR LAW ENFORCEMENT AUTHORITIES.

Waiver

The Owner’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of the Owner’s right to subsequently enforce such a provision or any other provision of these Terms of Use nor will any delay or omission on the part of the Owner to exercise or take advantage of any right or remedy that the Owner has or may have hereunder operate as a waiver of any right or remedy.

Acts of God

The Owner shall be excused from its obligations for any period to the extent that the Owner is prevented from performing, in whole or in part, its obligations under these Terms of Use, as a result of any acts of God, any action(s), regulation(s), order(s) and/or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute and/or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents and/or subcontractors) or any other cause beyond the Owner’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning and/or telecommunications equipment or lines or other equipment, whether electronic or otherwise.

Notices

Notices by the Owner to customers shall be given by means of electronic messages or by a general posting on the site, except where not required pursuant to these Terms of Use. Notices by customers to the Owner shall be given by electronic messages unless otherwise specified. All questions, complaints and/or notices to the Owner by means of electronic message must be sent via the Contact Us page here. This will be the only acceptable form of communication.

Miscellaneous

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain. The Owner may revise these Terms of Use at any time by updating this posting.

International Users

PipesMagazine.com is controlled, operated and administered by its parent company from its offices within the United States. PipesMagazine.com makes no representation that materials or Content available through PipesMagazine.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use PipesMagazine.com or export the Content in violation of U.S. Export laws and regulations. If you access PipesMagazine.com from a location outside the United States, you are responsible for compliance with all local laws of your jurisdiction that may apply.

Any rights not expressly granted herein are reserved. © 2009 PipesMagazine.com

This version of the Terms of Service is dated September 3, 2009.