Description of Service
In order to access the Site, you are personally responsible for obtaining, providing and maintaining: (1) access to the Internet, including without limitation payment of telephone, cable, or other connection and service fees associated with Internet access; and (2) all equipment required to access and use the Site and the Internet. You acknowledge and agree that the Site may periodically be unavailable due to maintenance or technological issues. We are not responsible or liable for the ability or inability of any user to access the Site.
All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Gradient, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information describing products and services purposely made available by Gradient for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such documents.
If you create or use an account with the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Your subscription to Gradient magazine may involve the creation of an account. You must be at least 18 years of age to subscribe and establish a personal account. A personal account may permit you to post User Content on the Site. Your subscription will be renewed automatically and your credit card on file will be charged on an annual basis unless you inform us that you would like to terminate your subscription. Refunds will not be issued for prior subscription payments, but no further amounts will be charged unless you renew your subscription. Termination of your subscription may result in the loss of access to certain areas of the Site and the permanent deletion of any User Content you may have posted to the Site (however, Gradient reserves the right to maintain your User Content on the Site indefinitely at its discretion) and account settings and information.
Links to Other Websites
The Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and our visitors. Such Linked Sites are not under Gradient’s control, and Gradient is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Limitation of Liability
Gradient DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AND AVAILABILITY OF ANY AND ALL CONTENT AND SITE SERVICES. GRADIENT DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO YOU OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING, OR USING ANY AND ALL CONTENT, USER CONTENT, OR THE SITE. GRADIENT DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MIS-DELIVERY OR UNAVAILABILITY OF THE SITE, CONTENT, AND USER CONTENT. GRADIENT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE, OR LACK OF USE OF THE SITE, ANY CONTENT, OR USER CONTENT, (B) CONTENT, USER CONTENT, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF THE SITE, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO, OR ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF UNAUTHORIZED ACCESS TO THE SITE OR A PERSONAL ACCOUNT REGISTERED TO, BY OR ON BEHALF OF ANY USER, (D) STATEMENTS, ACTIONS, MATERIAL AND CONTENT CREATED, PROVIDED , UPLOADED , DOWNLOADED, LINKED, OR POSTED BY USERS OR THIRD PARTIES, OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE, OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GRADIENT OR ADMINISTRATORS OF THE SITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.
Governing Law and Dispute Resolution
Void Where Prohibited
Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Gradient reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Modification of Service
Gradient reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site or any portion of the Site; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.