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Temydee.com (the “Website“) is owned and operated by Temydee Enterprises. By using or visiting the Website, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “terms of service“). If you do not agree to any of these terms, then please do not use the Website.
These Terms of Service apply to all users of the Website, including users who are also contributors of artistic content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Temydee Ent.
In order to access some features of the Website, you may have to create an account. You may never use another’s account without permission. If you opt to register for this Website, you may be required to establish an account and provide a username and password. You authorize Website to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify the Website of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will the Website be liable for the unauthorized use or misuse of your username and/or password. Although Temydee Ent will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Temydee Ent or others due to such unauthorized use.
The content on the Website, except User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Temydee Ent, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Temydee Ent reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Temydee Magazine, subject to a separately executed artist representation agreement whose terms shall be fully binding upon you, you hereby grant Temydee Magazine a license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Website and Temydee Ent’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
Temydee Mag expressly disclaims any and all liability in connection with User Submissions. We does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Temydee Mag will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Temydee Mag reserves the right to remove Content and User Submissions without prior notice. Temydee Mag will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Temydee Mag also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to defamatory material. Temydee Mag may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Temydee Ent’s designated Copyright Agent to receive notifications of claimed infringement is: [email protected]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Temydee Mag customer service through [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.Claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
YOU AGREE THAT YOUR USE OF THE RESOURCE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RESOURCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RESOURCE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
RESOURCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RESOURCE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RESOURCE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL RESOURCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT RESOURCE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TE makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless TE, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by Temydee Enterprises without restriction.
ALL SALES ARE FINAL AND NO REFUNDS WILL BE ISSUED AND TE IS UNABLE TO OFFER EXCHANGES.
You agree that: These Terms of Service, any artist representation agreements and any other legal notices published by TE on the Website, shall constitute the entire agreement between you and TE concerning the Website. If any provision of this agreement is in conflict with a provision in a signed artist representation agreement, the artist representation agreement provision shall prevail. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TE’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TE reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RESOURCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RESOURCE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This Terms of Service is effective and was last updated on Jan 30, 2020.