AltSalt User Agreement
Last updated: August 12, 2020
Welcome to AltSalt’s User Agreement! This document constitutes a contractual agreement between you and AltSalt Media, LLC (henceforth “AltSalt,” “our,” or “we).
AltSalt provides digital and analog media experiences (“Content”) for your consumption, as well as functionality related to the access of 3rd party media experiences (“Resources”), all provided through or in association with our website at altsalt.com (the “Site”). Collectively, the Content, Resources, and Site shall be referred to as the “Services”, and this document as the “Terms”.
By using our Services, you hereby agree to the following conditions:
Our Services are intended for users who are at least 13 years old. By using our Services, you agree that you are at least 13 years of age; in addition, if you are under 18 or whatever may be the age of legal majority in your jurisdiction, you may only access these services with the consent of your legal guardian, and you represent and warrant that your legal guardian has read, understood, and agreed to these Terms.
a. AltSalt Materials. All of our content contained within the Services, including but not limited to, graphics, logos, artwork, music, sound effects, video, and code (the “Intellectual Property”) are property of AltSalt or AltSalt’s licensors and are protected by U.S. and international copyright laws.
b. Third Party Content. Our Services include additional content, including but not limited to, website links, graphics, text, and other items, that are owned or operated by third parties. We do not own this third party content or make representations or warranties regarding such content. You acknowledge and agree that we are not liable for or responsible for third party content, and that you use such content at your own risk.
a. License for Personal Use. AltSalt grants you a non-sublicensable license to access and use the Services for your personal use only. Any resale or commercial use of the Services or Intellectual Property, or any other unauthorized use that shall infringe on the copyright of any work therein, such as modification or creating derivative works of the Services, is strictly prohibited unless deemed otherwise in a written agreement. Any such unauthorized use will terminate your license to use the Services. AltSalt may revoke this license at its discretion.
b. Public Display and Performance. AltSalt may permit public display and performance of its original publications beyond fair use. This includes, but is not limited to, anthologies and articles on platforms such as Twitch, YouTube, and other digital or analog outlets. Note that we require that you request permission before conducting such display via the Contact section of our website so that we can review the request (and potentially promote your initiative via our website and other means). We reserve the right to reject such solicitations for any reason.
5. User Content
a. Rights to Intellectual Property. When you submit any intellectual property to AltSalt via its contact form, email, or other means, you affirm that you have the legal right to distribute that intellectual property. You agree to not submit content to AltSalt in violation of another’s copyright, and that you have followed all necessary procedures to ensure that any submissions do not infringe on any third party’s intellectual property rights. Note that you retain all of the ownership rights to your intellectual property.
b. Candidate Submissions. AltSalt allows users to submit zines, comics, video games, and other intellectual property to be considered for inclusion in the Site catalog (“Candidate Submissions”). Prior to approval, AltSalt will retain Candidate Submissions for the use of its moderators only and will not publish these Candidate Submissions beyond what is necessary, within its own private channels, to make a determination on whether the Candidate Submission is to be included in the AltSalt catalog or not.
c. Approved Submissions, Listings, and Additional Content. If a Candidate Submission is approved by AltSalt’s moderators (“Approved Submission”), users will be invited to create an entry for their work to be included in the AltSalt catalog, providing information and intellectual property such as title, format, preview images, genre, creator cultural background, and other items (“Listing”). AltSalt also allows users to submit other content, including content related to creating a user account, such as profile images and descriptions, as well as community content such as articles or collections (“Additional Content”). You hereby grant AltSalt a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Listings and their related Approved Submissions, as well as Additional Content, in connection with promoting your submitted work and the Resources in general. This includes, without limitation, promoting and redistributing part or all of the AltSalt Website (and derivative works thereof) in any media formats and through any media channels. If you choose to remove your content from the Services, this license shall terminate within a commercially reasonable time after you remove your content from the Services.
d. Other submissions. We may receive ideas or suggestions for our Services from our users. If you submit such information, those submissions shall become non-confidential and the sole property of AltSalt. No usage of that information by AltSalt shall construe between you and AltSalt a contract, employment, or relationship of any kind. AltSalt may use such information without restriction, for commercial purposes, without acknowledgement or compensation to you, and you agree to comply with any proceedings required by AltSalt to verify assignment of such submissions to AltSalt (though AltSalt shall be under no obligation to act on such submissions).
6. User Accounts
In order to access some features of the Site, you may have to create an account. You may never use another user’s account without permission. You are solely responsible for the activity that occurs on your account, and are responsible for keeping your account password secure. You must notify AltSalt immediately of any security breach or unauthorized use of your account. By creating an account, you grant us permission to use your name, profile image, and other information in connection with our Services, including, but not limited to, promoting your account or your Listings.
7. Infringement Notices
With respect to the Digital Millennium Copyright Act (DMCA) in the US., and the Electronic Commerce Directive (2000/31/EC) in the EU, as well as other applicable law, at our sole discretion, we shall remove any content from our Services that infringes on the copyright of others. If you encounter any content that you believe infringes on yours or others’ intellectual property rights, you may notify us by sending an email containing the following information to firstname.lastname@example.org:
-Details of the copyrighted work or trademark you believe to be infringed. Please include also, if applicable, any documentation related to the registration of these rights, as well as the countries where the registration was granted and related application numbers.
-Details regarding the allegedly infringing work, including information on how we can find it.
-An email address or phone number for contacting you.
-A declaration that you believe, in good faith, that the allegedly infringing work’s usage is unauthorized in accordance with the copyright holder’s wishes and the law.
-A declaration that the information you have provided is accurate and that, under penalty of perjury, you have the authorization to act on behalf of the copyright owner whose exclusive right is allegedly being infringed.
-Your signature (physical or electronic).
8. Modification or Termination of Services
We reserve the right to change, update, or eliminate our Services at any time without notice. You agree that we may terminate or suspend your ability to access our Services for any reason, at our discretion, without notification or obligation to you.
9. No Warranty and Limitation of Liability
THE SERVICES ARE PROVIDED “AS-IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO WRITTEN OR ORAL INFORMATION GIVEN BY ALTSALT OR ITS REPRESENTATIVES CREATES A WARRANTY. WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS, POSSESSION, USAGE, MISUSE, INABILITY TO USE, OR MALFUNCTION OF THE CONTENT OR ANY OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, DEVICE MALFUNCTION OR FAILURE, COMPUTER MALFUNCTION OR FAILURE AND, TO THE EXTENT ALLOWABLE BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF THESE DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED THE AMOUNT YOU ACTUALLY PAID (IF ANY) FOR THE LICENSE TO USE OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY AND/OR THE EXCLUSION OF LIMITATION OF DAMAGES, SO THESE STATED LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, WE LIMIT OUR LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless AltSalt from any claims, costs, damages, losses, or other liabilities as well as related costs, such as attorneys’ fees (collectively, “Losses”) resulting from your use of any of our Services, or any data, information, or other items you make available through the Services. In addition, you agree to indemnify AltSalt for any Losses resulting from (a) any submitted content you provide (b) your violation of these Terms; and (c) your violation of any others’ rights. Your jurisdiction may limit consumer indemnities, so some (or all) of these provisions related to indemnity may not apply in your circumstance. If you are obligated to indemnify us, we shall have the right, at our sole discretion, to control any proceeding and determine if we desire to settle it, and if so, under what conditions.
If any part or parts of these Terms shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. If we do not enforce any provision within these Terms, that shall not be considered a waiver of our rights.
The headings for section herein are for convenience only and shall not affect the meaning of the provisions of these Terms.
13. Changes to the Terms
We may occasionally modify these Terms. The latest Terms will be available at any time by visiting altsalt.com/policy/terms. We encourage you to check our website for updates regularly, as we will we use it to notify users of any amendments to our Terms. By continuing to use our Services following any notice we provide, including via our website, in-app notifications, or other means, you confirm that you have agreed to the modified Terms. If you do not agree to the modified Terms, you must stop using our Services.