Legal

Please carefully read these terms of use (“Terms”) before using the site, as they affect your legal rights and obligations, including, but not limited to, waivers of rights, limitation of liability, your indemnity to us and mandatory arbitration. These Terms apply to uxmag.com, operated by UX Magazine (the “Site”). These Terms also apply to interactive features, advertisements, forums, job boards or downloads that are owned or controlled by UX Magazine, are available through the Site or that interact with the Site. You agree to these Terms by accessing or using the Site. If you do not agree to be bound by all of these terms, do not use the Site.
Ownership of Site Materials

Materials. The Site (including past, present and future versions) and all materials that are included in or are otherwise a part of the Site, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by UX Magazine, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by UX Magazine, no rights (either by implication, estoppels or otherwise) are granted to you.

UX Magazine is granted a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare, and derive works from all content and materials submitted to the site. You represent and warrant that any content you provide to UX Magazine or list or post on the Site is your original work and that no copyright or other infringement will occur if the content you have provided, listed, or posted is made publicly available on the Site. You will not impersonate any person or agency to falsely misrepresent a name or organization you propose to represent either in name, username, or in any other format.

Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for UX Magazine and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way UX Magazine’s rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of UX Magazine’s rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.

2. Copyright/Trademarks. The entire contents of the Site (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, UX Magazine or its affiliates owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Site. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks containing the words “UX Magazine” or “UX Mag” or “UXMag” that appear on the Site are the service and trademarks of UX Magazine. Without UX Magazine’s prior written permission, you agree not to display or use, in any manner, any such marks and all goodwill associated with any use by you thereof will inure exclusively to UX Magazine or its respective owners. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of UX Magazine, unless and except as provided under “Fair Use” (as defined in U.S. law) or as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site.

Your License to Use Materials On Our Site

License. Subject to your strict compliance with these Terms, UX Magazine grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, use and/or play a single copy of the Materials (excluding source and object code) in raw form or otherwise, other than as made available to access and use via standard web browsers to enable display on your device) on any single computer (or other device you use to access the Site) for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials or any authorized copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party to (whether or not for your benefit): (i) to copy or adapt the source or object code of either Site’ software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site create to generate their web pages or any software or other products or processes accessible through the Site; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user’s experience of the Site.

4. Prohibited Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Site in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or UX Magazine without the prior written consent of UX Magazine.

5. Information You Submit
User Content. The Site may provide you and others with the opportunity to participate in forums, blogs, resources, articles, webinars, advertising, job listings, message boards, social networking, social communities and other communication functionality (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to UX Magazine, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).

Job postings and descriptions are devised to assist UX Magazine’s audience to receive career information and company information. You acknowledge that by accessing this Site and its related content, that you may at times come into content that you find objectionable or harmful, and you release UX Magazine from all liability from such content, including, but not limited to language or images which are offensive. UX Magazine allows third parties to post content to the jobs page and forum. UX Magazine does its best to moderate these pages, however, it has no obligation to do so. UX Magazine does not endorse or validate such content and is not liable for any responses or actions resulting from such statements made by third parties. UX Magazine may at any time and for any reason remove any job posting or any other third-party content, either partially or in its entirety, without cause and without notice. Users are also prohibited from adding proprietary information, confidential information or trade secrets to the site. Posting unlawful, fraudulent, threatening, defamatory, obscene content is prohibited.

Terms Applicable to User Content. Except as otherwise described in the Site’ posted Privacy Policy, or other agreement on the Site at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant UX Magazine these licenses. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to UX Magazine.

License to UX Magazine for User Content. You grant to UX Magazine the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that UX Magazine is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or UX Magazine, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant UX Magazine the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to UX Magazine the right to sub-license and authorize others to exercise any of the rights granted to UX Magazine under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to UX Magazine under these Terms. You further authorize UX Magazine to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet.

UX Magazine’s Obligations Regarding User Content. You agree that UX Magazine has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that UX Magazine will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and UX Magazine may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that UX Magazine reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which UX Magazine will not exercise editorial control except to enforce the rights of third parties and the content when notice of such violations are directed to UX Magazine’s attention. We may not maintain user Content posted on the Site for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that UX Magazine is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.

Your Obligations Regarding User Content. You agree that you must evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As UX Magazine may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.

6. Copyright Complaints
We respect the intellectual property rights of others, and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party’s intellectual property rights. However, material is posted on the Site by third parties not within our control, and we are under no obligation to and do not review all content on the Site for the inclusion of illegal or impermissible content. However, UX Magazine does not to permit material known by us to infringe another party’s copyright to remain on the Site. In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of members who are deemed to be infringers. If you believe any material on the Site infringes a copyright, please provide us with written notice.

7. Account Registration
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features, such as our User Forums, in order to receive electronic newsletters or mobile alerts or to access certain Materials or post User Content or to participate in social networking activities. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Site or engage in social networking. When you provide information to the Site, you agree to provide only true, accurate, current and complete information. Account registration information is kept confidential and shared only with our partner, Didus LLC.
If you register on the Site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. UX Magazine reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

8. Our Warranties

You represent and warrant that: (i) you are at least eighteen (18) years of age and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to UX Magazine is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.

9. User Interactions and Disputes
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

10. Promotions
The Site may contain or offer giveaways or other promotions, which may be governed by a separate set of rules that describe the giveaways or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

11. UX Job Content

UX Magazine assumes no responsibility for the content of any job listing or website that is either included in UX Magazine’s search results or linked to by UX Magazine. UX Magazine has no ownership over the jobs listings and content, which are created by third parties.

12. Third Party Links and Content
There may be links from the Site, or communications you receive from the Site, to third party web Sites or our Site may include third party content that we do not control, maintain or endorse. Accessing those third party Sites requires you to leave the Site. We do not control those third party Site or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party Site, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their Site. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. UX MAGAZINE ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

13. Linking Policy
UX Magazine grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web Sites that link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that UX Magazine or the Site are endorsing or sponsoring it or its products, unless UX Magazine has given its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in UX Magazine’s sole opinion, harm UX Magazine or its products or services; (d) must not use any UX Magazine trademarks without the prior written permission from UX Magazine; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in UX Magazine ‘s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, UX Magazine reserves the right to prohibit linking to the Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

14. Mobile
Mobile Features. The Site may offer features and services that are available to you via your mobile phone. These features and services may, include, without limitation, the ability to upload content to the Site, receive messages from the Site, download applications to your mobile phone or access the Site’ features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Terms of Mobile Features. You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify UX Magazine of any changes to your mobile number and update your account on the Site to reflect this change.

15. Software and Other Items Available For Download
Any items that we make available for download or use from the Site and/or our servers (the “Downloadable Items”) are the copyrighted work of UX Magazine or its licensors or suppliers. Additional Terms may govern your use of the Downloadable Items, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Site, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.

16. Disclaimer of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UX MAGAZINE AND ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “UX MAGAZINE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM UX MAGAZINE OR VIA THE SITE. IN ADDITION, THE UX MAGAZINE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE UX MAGAZINE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE UX MAGAZINE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE UX MAGAZINE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE UX MAGAZINE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

17. Disclaimer/Limitation of Liability
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE UX MAGAZINE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE UX MAGAZINE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE’ TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE UX MAGAZINE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE UX MAGAZINE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES, COUNTRIES, PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE UX MAGAZINE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE MATERIALS.

18. Indemnification
You agree to defend (if requested by UX Magazine), indemnify and hold harmless the UX Magazine Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the UX Magazine Parties’ use of your information. You will cooperate as fully required by the UX Magazine Parties in the defense of any claim. Notwithstanding the foregoing, the UX Magazine Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions that are brought against them herein under the terms and provisions of this Section. The UX Magazine Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the UX Magazine Parties.

19. Termination and Modification
Termination. UX Magazine reserves the right to terminate your access to and use of the Site, in its sole discretion, without notice and liability, including, without limitation, if UX Magazine believes your conduct fails to conform to these Terms. UX Magazine also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or UX Magazine. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
Modifications. UX Magazine reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that UX Magazine will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
What happens upon Termination? Upon termination of your access to the Site, or upon demand from UX Magazine, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site, including links to the Site; and (b) destroy all Materials obtained from the Site and all related documentation.

20. Location of Site and Territorial Restrictions
Location of Site. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject UX Magazine to any registration requirement within such jurisdiction or country. UX Magazine controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software. Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

21. Governing Law, Jurisdiction and No Class Actions
GOVERNING LAW/JURISDICTION. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN COLORADO AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN DENVER COUNTY, COLORADO FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Arbitration. Except with respect to the protection and enforcement of the intellectual property rights of the UX Magazine Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Terms or the Site shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such claim, cause of action or proceeding shall be arbitrated on an individual basis and without resort to any form of class action. The arbitration shall be conducted in Denver, Colorado, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in Denver County, Colorado, and all parties agree to submit to the personal jurisdiction of those courts. You irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non-convenience. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action.

22. Updates to Terms
UX Magazine reserves the right to modify or add to these Terms or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page of the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

23. Miscellaneous
The failure of UX Magazine to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit UX Magazine’s rights with respect to such breach or any subsequent breaches. No waiver by UX Magazine of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of UX Magazine. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms constitute the entire agreement between the parties and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by UX Magazine.

You are not permitted to modify any patent markings, copyright notices, proprietary legends, any trademark and service mark attributions, and any other materials accessed through the service or website other than your individual content. Data gathering or any use of materials or content from this site or its materials is strictly prohibited.

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This privacy policy discloses the privacy practices for UX Magazine. This privacy notice applies solely to information collected by this website. It will notify you of the following:

1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to process an order.

Orders

If you purchase content or services from us, we request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

Registration

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Email Alerts

If a user wishes to subscribe to our alerts, updates, article digests, etc. we ask for contact and delivery information such as name and email address. All of these email lists provide opt-out facilities online and with each email broadcast. In some cases the user is asked to provide optional demographic and personal interest information that is used to keep our content as relevant as possible.

Cookies

We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Facebook Connect, Twitter and OAuth

You can register with our website using certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook and Twitter) via our website. If you decide to create an account on our website by logging into a SNS, we will extract the personal information you have provided to the SNS (such as your “real” name, email address and other information you make publicly available via the SNS) from the account you have with such SNS and use that information to create your account on our website. The information we extract may depend on the privacy settings you have with the SNS. For example, our website allows users to create an account and login using their Facebook account credentials through Facebook Connect. If you are not currently registered on our website and you attempt to log in via Facebook Connect, you will first be asked to enter your Facebook credentials and then be given the option to register and join our website. By using registering with or logging into our website using an SNS, you are allowing us to access your SNS account information and are agreeing to the Terms of Use and privacy policies of the SNS you are using.

Log Files

As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.

Sharing

We share aggregated site traffic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

We use an outside credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our online privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, and/or update the modification date below.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

[email protected]

 

This policy was last modified on September 7, 2011.

We love to hear from our readers and subscribers. And we are always on the lookout for exciting new projects, funny or interesting news, innovative books and creative blogs. We also always welcome feedback from our readers on what they would like to see and what we can do better. And we’ve just rolled out a new version of our site, so there are bound to be minor issues and improvements that we should address.

If you have something that you think we should know about, please email us at [email protected].

Contribute

We’re on the lookout for writers and industry experts with something to say that elevates the conversation surrounding experience design. Contributors to UX Magazine have access to one of the largest and most credible platforms for user experience information and thought leadership and can share ideas with an expanding global audience.

We continually receive more messages, contribution requests, and inquiries than we are able to keep up with, so we have changed the system by which we receive contribution inquiries.

We’re lucky enough to work with people who already have strong, focused ideas, so we usually only go through one draft with our contributors. However, if you need more help developing an article, we have a small team of freelance editors who can work with you to prepare your piece for publication. And although we understand that contributions are often motivated by PR or marketing goals, content published in UX Magazine must first and foremost provide strong thought leadership in service to the UX community. Fortunately it is usually possible to balance our quality requirements with the goals motivating the contribution, and we can recommend a freelance editor to help you achieve that if you need intensive assistance.

Terms and Conditions

You retain copyright and any other rights you already hold in the content you submit, post, or display on or through UX Magazine. By submitting, posting, or displaying the content, you give UX Magazine a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the content.

To pitch an article or ask about contributing, email [email protected].

Press

If you have press and PR information you want to share with us, please contact us at [email protected] and we can see how we can help get your new book, project or product out to our readers. Please do not add any of our other email addresses to your mailing lists.

Business UX Leaders

Do you have a client or a company that you want to interview or write about for the Business UX Leaders series? If so, please let us know. We love to promote innovation by companies taking a leadership role in investing in UX. To recommend a company or individual making great strides in building UX into their cultures and products please contact us at [email protected].