Terms and Conditions

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

These Terms and Conditions of Use and Privacy Policy (the "Terms and Conditions") were last updated on April 5, 2005.

TERMS AND CONDITIONS OF USE

Welcome to radarmagazine.com, the website of Radar Magazine, which is published by MJ LLC ("Radar"). As used in these Terms and Conditions, the term "website" refers to the website located at www.radaronline.com, www.radarmagazine.com, or any other of Radar’s domains or URLs that link to www.radaronline.com or www.radarmagazine.com, as well as online services that include, but are not limited to, our e-mail newsletters. Radar does not control, and is not responsible for, any third-party site to which the website links.

You agree that your use of the website is subject to the following Terms and Conditions. These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the website by you will constitute your acceptance of any changes or revisions to the Agreement. If you do not agree with the Terms and Conditions, please do not use this website.

The materials contained on the website are provided by Radar as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for informational purposes only. You acknowledge that you are using the website at your own risk. Radar assumes no responsibility for error or omissions in these materials. Radar makes no commitment to update the information contained herein. Radar makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the website, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the website, or that the website will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Radar or any other party on the website shall create any warranty or liability.

Radar does not warrant or make any representations regarding the use or the results of the use of the materials at the website in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Radar or any of its parents, subsidiaries, affiliates, or their respective partners, managers, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the website.

Radar periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Radar shall have no liability for the resulting unavailability of the website or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the internet infrastructure and network external to the website.

Copyright
All materials published on the website are protected by copyright laws and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Radar or, in the case of content licensed by Radar from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material (one copy per page) from this website for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material; you may be required to pay a fee to access articles from our archives and our premium online content.

You agree not to systematically retrieve data or other content or any materials from the website to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of Radar’s trademarks as metatags on other websites. You agree not to display any of the website in a frame (or any of the website’s content via in-line links) without Radar’s express written permission, which may be requested by contacting Radar at permissions@radarmagazine.com. You may, however, establish ordinary links to the website without Radar’s written permission.

In the event you believe that any content posted on the website infringes your copyright or other intellectual-property rights, you may notify Radar by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Radar's Copyright Agent:

MJ LLC
450 W. 33rd Street
3rd Floor
New York, NY 10001
Attention: Legal Department

If guests elect to use our "E-mail to a Friend" referral service for informing a friend about our site, we ask for the friend's e-mail address, and we will send an e-mail in response to your request inviting them to visit the site. This information is stored solely for the purpose of sending the e-mail.

User-Generated Content
Radar may provide users an opportunity to post content to the website. Radar does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law, or infringe upon another's copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials posted or transmitted by users to the website, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Radar, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the website. Radar does not and cannot review the content posted by users and is not responsible for such content. However, Radar shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by Radar in its sole discretion and without notice.

You agree to indemnify Radar and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the website, from your breach of these Terms and Conditions, and from any such acts arising through your use of the website.

By uploading, posting, or otherwise transmitting content to the website, you grant Radar the perpetual, universal, nonexclusive, royalty-free right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, and promote such content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses. You waive any moral rights you may have in having the content used, reproduced, edited, removed, modified, published, transmitted, displayed, distributed, or promoted in a manner not agreeable to you.

Premium Online Content
Purchasers of premium online content are not permitted to share, distribute, sell, or otherwise transfer their passwords to other individuals. The password is for the purchaser's sole use. Significant or unusual use of a single password (including but not limited to significant use of a single password on multiple computers) could result in suspension of that password. Premium online content is protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of Radar.

Featured Services
Radar is committed to providing visitors to its site with as many features as possible. The companies that Radar selects as featured services providers offer products and services that site visitors may find useful. Radar in certain cases may have a business relationship with certain third parties that it selects as featured service providers. Radar is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their website, or for the availability and operations of their websites.

Jurisdiction
You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the website, shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York. In addition, you agree to submit to the personal jurisdiction of such courts.

PRIVACY POLICY

This privacy policy applies to the website only and does not cover information collected on any third-party sites to which this website links. This privacy policy is part of, and must be read in conjunction with, the website's Terms and Conditions. If you do not agree with the Terms and Conditions in their entirety, please do not use this website.

Website Users
Radar generally collects personally identifiable information such as a name, postal address, e-mail address, telephone number, or credit card information with your specific knowledge and consent.

How does the website use information supplied by me?
Occasionally, visitors to our website may be asked to supply certain personally identifying information, which is then retained by Radar. For example, we ask you for certain information if you choose to subscribe to our e-mail newsletters, post content to the website, or purchase either articles from our archives or our premium online content. If you choose to give us personally identifying information at such time, such information will be retained by us and used only to provide you with products or services you have requested, or with additional information from Radar about Radar, its affiliates, or selected outside companies whose products or services we feel may be of use to you. Any information from selected outside companies will be transmitted by Radar so that such companies will not have access either to your e-mail address or to your other personally identifying information. Moreover, we will not sell or rent any personally identifying information obtained through the website (other than in connection with magazine subscriptions ordered, as explained below) to any other company or organization.

To unsubscribe from the Radar newsletter and/or other electronic communications from Radar, you may also reply to the electronic communication with "UNSUBSCRIBE" (and only "UNSUBSCRIBE") in the subject line, or by following the "unsubscribe" link at the bottom of the e-mail. You can also unsubscribe from promotional and marketing e-mails that you receive from a Radar partner by typing "UNSUBSCRIBE" (and only "UNSUBSCRIBE") in the subject line in a reply to one of the partner's e-mails to you, or following the "unsubscribe" link at the bottom of the e-mail.

From time to time, the personally identifying information that you provide to us may be shared with our suppliers or service providers who assist us in maintaining and managing our newsletters, our archives, our premium online content, our online discussion forums, and other activities on the website. Such suppliers or service providers may use your personally identifying information only in the course of providing services to Radar, but they may not use such information for other purposes.

While your individual information is protected as discussed above, Radar reserves the right to use such individual information to create aggregated, anonymous data about users in order to develop statistics about activity on and visitors to the website. In addition, Radar may disclose personal information if we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the website; or (4) protect the personal safety, property, or rights of our users or the public.

What are "cookies," and how do you use them?
"Cookies" are pieces of information that are placed by a website in a storage place on your computer. Cookies do not contain information that is, in itself, personally identifying. Radar places cookies on your computer in a limited way to help deliver advertisements, to calculate unique site visitors, and to track usage throughout our site. Other uses include placement of cookies to make the log-in process more convenient for users of our e-mail newsletters, our archives, our premium online content, and our online discussion forums. In addition, some advertisers may place cookies on your computer. We do not have control over cookies placed by advertisers.

What are “IP” addresses, and how do you use them?
An Internet Protocol (“IP”) address is a number that is automatically assigned to your computer by your internet service provider whenever you log on to the Web. Web servers automatically identify your computer by its IP address, so when a guest requests pages from our site, our servers log the guest's IP address. The IP addresses of our guests are collected only for the purposes of system administration and to report aggregate information to our advertisers, our corporate affiliates or consultants, or with third parties that perform a particular service on our behalf. We do not combine IP addresses with any personally identifying information, nor do we compile any session activity reports by IP address.

How is my credit card information used when I make a purchase?
When you make a purchase, we ask you to provide your credit card information so that we can process your payment. During the ordering process, such credit card information is transmitted to Radar or to one of our suppliers or service providers. In both cases, credit card information is then transmitted to third-party credit card processors and card issuers that must use your information to process your order.

Children's Online Privacy Protection Act
No one under the age of 13 should provide any personal information. In general, Radar does not knowingly collect personally identifiable information from children under 13. If in limited circumstances we do knowingly collect personally identifiable information from children under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected information from a child under the age of 13 without verification of parental consent, we will delete this information from our database as quickly as possible. If you believe the website has any information about anyone under 13, please contact us.

Security
Radar has implemented appropriate safeguards to help prevent unauthorized access, maintain data security, and make proper use of the information that we collect. However, no security system is invulnerable. Thus, while we strive to protect your personal information, Radar cannot absolutely guarantee the security of any information you provide to us.

TRADEMARKS

Radar Magazine, Radar Online, Fresh Intelligence, Fame-O-Meter and The Radar 100 are trademarks of MJ LLC.