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Copyright/Terms of Use/Disclaimer/Contest Rules

Copyright Policy//Terms of Use/Disclaimer/Contest Rules

Introduction

Urbane Perspective Media + Lifestyle, LLC believes in respecting and protecting the rights of intellectual property owners. This is not only a question of ethics, but also of law. Advances in electronic communication and technology, such as the Internet, have had a dramatic impact on the way Urbane Perspective Media + Lifestyle, LLC conducts business, and have greatly facilitated our access to a wide range of information and media. As a result, the risk of copyright infringement, either intentional or accidental, is of increasing concern.

The goal of this policy is to inform readers of Urbane Perspective Media + Lifestyle, LLC sites on rules and procedures relating to copyright law compliance.

Referenced Copyright Laws

Copyright Act (Title 17 of the US Code) – Authorized in Article I of the US Constitution, which states that Congress is allowed to pass legislation “to promote the Progress of Science and useful Arts by security for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

Digital Millenium Copyright Act of 1998 – This law provides recourse for owners of copyrighted materials who believe their rights have been infringed on the Internet.

Company Copyright Policy

  1. Urbane Perspective Media + Lifestyle, LLC reserves the right to monitor end user systems and the content stored therein. Urbane Perspective Media + Lifestyle, LLC also reserves the right to remove, delete, modify, or otherwise disable access to any materials found to be infringing on copyright.

  2. By reading and signing a copy of this policy, a reader of Urbane Perspective Media + Lifestyle, LLC will indemnify and hold Urbane Perspective Media + Lifestyle, LLC harmless for any breach of this policy or copyright law.

  3. No reader of Urbane Perspective Media + Lifestyle, LLC may reproduce any copyrighted work in violation of the law. Works are protected by US copyright law even if they were not produced in this country.

  4. Copyrighted materials in the US are not required by law to be registered, unlike patents and trademarks, and may not be required to carry the copyright symbol (©). Therefore, a copyrighted work may not be immediately recognizable. Assume material is copyrighted until proven otherwise.

  5. If a work is copyrighted, you must seek out and receive express written permission of the copyright holder to reproduce the copyrighted work in order to avoid violation.

  6. Copyrighted works include, but are not limited to: text (e.g. articles), images (e.g. photographs), graphics (e.g. logos), sound recordings (e.g. MP3s), video recordings (e.g. movies), or software programs. The following materials are not considered copyrighted materials: ideas, facts, processes, methods, systems, government works, and works in the public domain.

Compliance Procedure

  1. If a reader needs help determining if a work is copyrighted or not, or has questions regarding any other copyright issue, he/she should contact info@urbaneperspectivemag.com

  2. To obtain permission to reproduce a copyrighted work, contact the copyright holder.

Procedure for Copyright Infringement Claims

    Readers of Urbane Perspective Media + Lifestyle, LLC are encouraged to report all instances of actual or suspected copyright infringement to Urbane Perspective Media + Lifestyle, LLC’s copyright agent named below.

    In compliance with the Digital Millenium Copyright Act (DCMA),Urbane Perspective Media + Lifestyle, LLC will respond to all appropriate notices of copyright infringement.Urbane Perspective Media + Lifestyle, LLC may, under appropriate circumstances, remove and/or disable access to material claimed to be infringing upon the intellectual property rights of others.

    Please use the following process to notify Urbane Perspective Media + Lifestyle, LLC of any copyright issues. Claims of copyright infringement must include all of the following in order to be effective:

  1. A 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 claim, a representative list of such works at that online 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 Urbane Perspective Media + Lifestyle, LLC to locate the material.

  4. Information reasonably sufficient to permit Urbane Perspective Media + Lifestyle, LLC to contact you, such as an address, telephone number, and if available, an electronic mail address where you may be contacted.

  5. A statement that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All claims of copyright infringement should be in writing and should be directed to Urbane Perspective Media + Lifestyle, LLC’s designated agent at the following electronic mail address:

Urbane Perspective Media + Lifestyle, LLC

info [at] urbaneperspectivemag [dot] com

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Urbane Perspective Media + Lifestyle, LLC web sites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Urbane Perspective Media + Lifestyle, LLC‘s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Urbane Perspective Media + Lifestyle, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Urbane Perspective Media + Lifestyle, LLC’s web sites (Urbane Perspective, Holdman Dynamic Concepts Marketing) are provided “as is”. Urbane Perspective Media + Lifestyle, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Urbane Perspective Media + Lifestyle, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Urbane Perspective Media + Lifestyle, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Urbane Perspective Media + Lifestyle, LLC Internet sites, even if Urbane Perspective Media + Lifestyle, LLC or a Urbane Perspective Media + Lifestyle, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Urbane Perspective Media + Lifestyle, LLC‘s web sites could include technical, typographical, or photographic errors. Urbane Perspective Media + Lifestyle, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Urbane Perspective Media + Lifestyle, LLCmay make changes to the materials contained on its web site at any time without notice. Urbane Perspective Media + Lifestyle, LLC does not, however, make any commitment to update the materials.

6. Links

Urbane Perspective Media + Lifestyle, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Urbane Perspective Media + Lifestyle, LLC of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Urbane Perspective Media + Lifestyle, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Urbane Perspective Media + Lifestyle, LLC‘s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Contests

Open to legal residents of the United States or Canada unless otherwise stated on the giveaway terms, age 18 or older. Void in Puerto Rico, U.S. territories & possessions & wherever prohibited by law. Employees and their immediate families (and those living in the same household) of Urbane Perspective Media + Lifestyle, LLC or the contest sponsor, presenting advertiser websites, their parent companies, affiliates, subsidiaries, advertising and promotion agencies (all of the foregoing entities, collectively, being the “Affiliates”) are not eligible to enter or win. All entries in the Urbane Perspective Media + Lifestyle, LLC promotion will be deemed made by the authorized holder of the email account who is the natural person assigned the email address.

HOW TO PLAY: (IN EFFECT MONDAYS THROUGH SUNDAY the “Promotion Period”). Enter by following the links to the giveaway information and read the rules. Enter your information truthfully and completely in the online survey. Requirements include, but are not limited to entering your real first & last names, address, phone number, email address. Limit one entry per person and E-mail address. Multiple or duplicate entries will be disqualified. Sponsors are not responsible for lost, late, illegible, incomplete, misaddressed, or otherwise misdirected entries that are processed late or incorrectly or are lost due to computer or electronic malfunction or other error. Be sure to check this legal agreement for additional details regarding giveaways. It is your responsibility to check this document on a regular basis to update yourself (the visitor) on important legal and privacy issues.

WINNER: Winners will be selected in a random drawing conducted for one instance of the Promotion Period. Random drawings will be conducted by the Sponsor or Urbane Perspective Media + Lifestyle, LLC whose decisions are final and binding.

ODDS: Odds of winning will depend on the number of entries received per promotional period.

No purchase necessary to enter or receive a prize. A purchase does not increase your chances of winning.

Contest Period: Contest periods are defined and listed under the individual contest entrant page.

Prize: Sweepstake prize is defined in the indificual sweepstake webpage. Prize Winner must provide a valid shipping address or an alternate winner may be selected. Prize Winner is solely responsible for any expenses not expressly included in the prize description, such as all federal, state, and local taxes on prizes. No substitution, assignment, redemption for cash, or transfer of any prize permitted except at Sponsors’ sole discretion. Sponsors reserve the right to substitute a prize of equal or greater value. Prize Winner must supply Sponsors with his/her social security number for tax purposes and sign an affidavit of eligibility. Sponsors shall not be responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the prize manufacturer or shipping agents.

RELEASE: By entering any Urbane Perspective Media + Lifestyle, LLC Giveaways, participants agree, to the fullest extent permitted under applicable law, to release, discharge and hold harmless Urbane Perspective Media + Lifestyle, LLC, their affiliates, their respective shareholders, officers, employees, agents and representatives from any and all damages, liabilities, costs and expenses which may arise out of participation in Urbane Perspective Media + Lifestyle, LLC Giveaways or out of the acceptance, use or misuse of prizes. By participating, you agree to these Official Rules and to the decisions of the judges whose decisions shall be deemed final and binding.

WINNER NOTIFICATIONS: If no postal address has been provided by an entrant who is selected as a potential winner, that potential winner will be notified by e-mail. Should this be the case, three attempts will be made to contact the winner by e-mail within a 14-day period. If the potential winner fails to respond within 14 days of the last attempt or if the e-mail attempt is consistently undeliverable, the potential winner will be disqualified. (Contestants are responsible for notifying the Sponsor of changes in e-mail addresses or postal addresses by emailing Urbane Perspective Media + Lifestyle, LLC.) When the potential winner’s postal address has been obtained s/he will be notified by First Class or overnight mail. Winners will be required to sign and return an Affidavit of Eligibility/Liability/ Publicity Release within 14 days of date printed on notification or s/he will be disqualified. Any prize or prize notification returned as undeliverable will result in disqualification. For all failures of potential winners to respond, or undeliverable attempts as described herein, a new potential winner will be selected at random from among all applicable entries for that prize drawing. Prizes awarded within 30 days of receipt of executed affidavits. Except where prohibited by law, entry constitutes permission to use winners’ names, hometowns, likenesses, prize won and photographs for online posting, and/or any advertising and publicity without additional compensation. All taxes on prizes are the sole responsibility of winners. Urbane Perspective Media + Lifestyle, LLC reserves the right to withhold taxes or other payments as deemed by it necessary or appropriate to comply with applicable law. Urbane Perspective Media + Lifestyle, LLC also witholds the right to award the prize to anyone for any reason except race, and gender.

No responsibility is assumed for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsors on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof. Sponsor is also not responsible for any injury or damage to entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in the sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES BY THREATENING THE STAFF OR ANY OTHER POSSIBLE REASON IS A VIOLATION OF THE CRIMINAL & CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor reserves the right to withdraw and cancel the game if it becomes technically corrupted, (including if a computer virus or system malfunction impairs its ability to conduct the sweepstakes) or for any other external reason.

GENERAL: By entering this contest, entrants and Prize Winner: (1) agree to be bound by these rules; (2) agree to release Sponsor and Seller and their parent companies, related entities; affiliates; subsidiaries; advertising and promotion fulfillment and/or judging agencies from all liability, claims, action or proceedings related to the sweepstakes and from injuries or damages relating to acceptance or use of the prize; and (3) Except where prohibited, participation in the Contest constitutes consent to the use of winner’s name, voice, biographical information, hometown, state, opinions, picture and likenesses for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law.

MARKETING DISCLOSURE: By entering the Sweepstakes, you consent to being placed on Urbane Perspective Media + Lifestyle, LLC mailing list for promotional and other materials. You can unsubscribe from the mailing list by clicking on the Safe Unsubscribe link on the bottom of the email. You may also be presented with an option to be included on the contest Sponsor’s newsletter as well, which is optional.

General Terms and Conditions applicable to Use of a Web Site.

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