Terms and Conditions

 

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Terms of Use

As a user of WhatsNext.com (the "Site") and its services, you agree to be bound and abide by the Terms of Use that are explained here. At any time, we may terminate your access to the Site in whole or in part, or cancel or refuse to honor any subscription request, without notice, for any fraudulent or abusive conduct that we believe may violate any applicable law, or is harmful to the interests of another. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the site are limited to one copy for personal, non-commercial viewing and use only. End user may not use any trademarks or copyrightable materials provided on the Site to create hypertext links to or from the Site without What's Next Media, LLC ("What's Next") express written permission, and What's Next reserves the right to disable any unauthorized links or frames. End users under the age of 18 are prohibited from using the services provided through the Site.

Intellectual Property

What's Next is a trademark of What's Next Media, LLC. All rights reserved. Other logos, and trademarks and service marks depicted on this site are the property of their respective owners. Users may not use any trademarks, logos, or service marks displayed on the site for any purpose without written permission of What's Next. The Site and its content, including editorial, graphics, banners, placement and design, are owned by What's Next Media, LLC. All rights reserved. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the site are limited to one copy for personal, non-commercial viewing and use only. Some materials are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of What's Next. What's Next is the owner of the copyright in the entire What's Next Sites. What's Next owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the What's Next Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the What's Next Sites without the express permission of What's Next and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the What's Next Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the What's Next Sites shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use.

Links and Advertisers

The Site may from time to time contain links to third party sites that are not endorsed or under the control of What’s Next and What’s Next is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. What’s Next provides links only as a convenience and the inclusion of the link does not imply that What’s Next endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that What’s Next shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

User Conduct

You may submit comments, answers to polls and surveys and/or letters to the Editor or post information ("collectively Material(s)") online but agree not to upload, post or otherwise make available to What's Next any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. In addition, you understand that all user text and other materials of any nature that is transmitted to or via the Site is the sole responsibility of the person whose user name and password were used for the Materials. This means you, and not What’s Next, are entirely responsible for the Materials transmit through your user name and password to the Site. Although opinions are welcome, your Material, user name and/or screen name may not disparage in any manner What’s Next or any person, product or service. All users shall use the Website for lawful purposes only. You agree not to post or transmit through the Website any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You will not publish, transmit, send, or post any Material that is directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising, political message, or solicitation for goods or services. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site, political, religious, or other organization is expressly prohibited. What’s Next, in its sole discretion, may but will not be required to remove materials that it may regard as violating these prohibitions. The determination of What’s Next in these matters will be final, conclusive, and not subject to appeal. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission of your Materials. You acknowledge that What’s Next does not pre-screen Material posted by you or other users, but that What’s Next and its designees shall have the right (but not the obligation) in its or their sole discretion to refuse, edit, or remove any Material. Without limitation, What’s Next and its designees shall have the right to remove any Material that it regards as violating these Terms of Use or is otherwise objectionable in the sole determination of What’s Next, as well as terminate your access to the Site. The determination of What’s Next in these matters will be final, conclusive, and not subject to appeal. What’s Next may establish practices and limits concerning the use of the Site. You agree that What’s Next has no liability or responsibility for the modification, storage, or deletion of any Material that you submit or post. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal. What’s Next reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.

You hereby grant to What's Next and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, and display any Materials you post on the Site and hereby grant to What's Next the additional right to modify, adapt, and edit any letters to the Editor you may send to What's Next (in whole or in part) and/or to incorporate it in our other publications.

You agree to indemnify and hold What’s Next, its parent company, affiliates, shareholders, directors, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees and costs, arising out of your Materials, your use of the Site, your violation of these Terms of Use or your violation of any third party's rights including such party's copyrights and trademarks. What’s Next reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with What’s Next in asserting any available defenses.

Disclaimers and Limitations of Liability

OTHER CONTENT ON OR PERCEIVED THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" AND “WHERE-IS” WITHOUT WARRANTY OF ANY KIND. WHAT’S NEXT HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) CONTINUOUS OPERATION; (III) NON-INFRINGEMENT, TITLE, AND/OR QUIET ENJOYMENT; (IV) AVAILABILITY OF THE SITE; (V) LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND (VI) ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO USE, QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WHAT’S NEXT MAKES NO WARRANTY OR GUARANTEE PERTAINING TO ANY CONTENT ON THE SITE INCLUDING THE ACCURACY OR CORRECTNESS, OFFERED BY A THIRD-PARTY THOUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND THAT NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY; AND YOU AGREE NOT TO RELY ON SUCH INFORMATION OR ADVICE. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

UNDER NO CIRCUMSTANCES SHALL WHAT'S NEXT OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES EVEN IF WHAT’S NEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF WHAT'S NEXT AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO WHAT'S NEXT FOR ITS PRODUCTS AND/OR SERVICES.

Privacy

This Site is governed by the terms and conditions set out in our privacy policy.

Disputes, Governing Law and Jurisdiction

No matter where your physical location, you agree that you have entered into this agreement in the State of New York. These Rules shall be governed by those laws of the State of New York applicable to contracts entered into and performed entirely within the State of New York. Any disputes arising under or related in any way to these Terms of Use, the Site’s Privacy Policy or the use of the Site shall be litigated or otherwise heard in the appropriate forum in New York, New York. Any dispute shall be submitted to confidential mediation, and if mediation is unsuccessful to arbitration, under the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association. The rules are available online at www.adr.org. Click on Rules, and then click on Supplementary Procedures for Consumer-Related Disputes. If mediation is unsuccessful, the arbitrator's award shall include findings of fact and conclusions of law and shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you are prohibited from bringing any court action of any kind until after the arbitration award is issued, and no arbitration under these Terms & Conditions shall be joined to an arbitration involving any other party subject to these Terms & Conditions, whether through class arbitration proceedings or otherwise.

Notwithstanding anything to the contrary contained herein, to the extent that What's Next believes that you have violated What's Next's intellectual property rights, What's Next may seek injunctive or other appropriate relief in any federal or state court located in New York, New York without having to submit the matter to mediation/arbitration as stated above, and you consent to the exclusive jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use, as they may be amended or changed by What’s Next from time to time, constitute the entire agreement between you and What’s Next. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. What’s Next's failure to act with respect to a breach by you or others does not waive What’s Next's right to act with respect to subsequent or similar breaches. The section headings used herein are for convenience only and shall not be given any legal import. What's Next reserves the right to revise the Terms of Use at any time upon notice to end users, which notice shall be deemed given upon posting of changes.

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© 2006 What's Next Media, LLC  Last updated January 30, 2009