NuraSaadallah

An award-winning passionate graphic designer and an MFA student, who thrives creativity into her work. Let's design a world that is thoughtful, considerate and aesthetically pleasing.

Gambling Poster

The poster shows how gambling is manipulative, using the tools of gambling which appears in the hand. // Texas A&M University - Commerce // Professor Margaret DeBosier

1What brings you here today?

To join the contest

1

Creative Process Poster

The poster shows the creative process that I use in my daily life as a designer // Texas A&M University - Commerce // Professor Virgil Scott

2Best piece of advice you've been given so far?

Listen to criticism, and work hard

2

Brainstorm Cafe Logo

The logo shows the combination of the brain and the cloud, it's a cafe that teaches students the creative process // Texas A&M University - Commerce // Professor Virgil Scott

3First time you realized you wanted to do this for a living?

When I was in grade 9

3

Dalimoda Logo

It's a logo for Fashion Design Brand

4Brand or company you'd like to work with:

Any brand or company

4

Dalimoda 2nd Logo

It's a logo for Fashion Design Brand

5What is your superpower?

Inspiration

5

Candelabra Poster

Self-initiated poster for a virtual company called Candelabra that sells candles

Candelabra Poster

Self-initiated poster for a virtual company called Candelabra

Heart Hospital Poster

Poster for the Heart hospital, designed in a Morrocan theme

Candelabra Poster

Self-initiated poster for a virtual company called Candelabra

Candelabra Branding

Candelabra Branding - I melted white candles on the plate, then I carved the logo on it

Blom Bank Poster

Poster for Blom bank, promoting wedding loan

Fashion Design Cover

Fashion Design Cover for fashion sketches portfolio

Color Wheel Cover

Color Wheel cover for fashion sketches portfolio

Window Display Design

Window Display Design promoting for Chanel bag, designed in a summer theme

latest Contest

17

Nov 2017

Photography

New Photographers

Portraiture, landscape, fashion, advertising, photojournalism,

register now

17

Nov 2017

Illustration

New Illustrators

Literal, conceptual, photorealism, historic, watercolor, ...

register now

17

Nov 2017

Graphic Design

New Designers

Packaging, posters, typography, logos, banners, ...

register now

17

Nov 2017

Digital/Interactive

New Digital Artists

Desktop, handheld, installation, anything online.

register now

17

Nov 2017

Art & Copy

New Art Directors & Copywriters

All advertising including print, outdoor, ...

register now

CMYK “TOP NEW CREATIVES” CONTEST RULES

CMYK Magazine, Inc. (“CMYK”) is holding this quarterly, non-professional contest open to all U.S. and International art-design students, recent graduates and the “self-taught” in following categories: advertising (copywriting or illustration), graphic design, interactive, illustration, and photography.

Do you have to be an art/design student to enter?
At the time of submitting to any CMYK contest, all entrants must be a current student, a recent graduate (up to 1 year out of school) or self-taught, non-professional artist in the categories of advertising (copywriting or art direction), graphic design, illustration, and photography.

How much does it cost to enter the contest? The entry fee for the contest is a $59 flat fee. Entry into a category permits you to enter up to 20 different pieces of work in any single category.

Can I enter multiple categories during the contest? Yes, you can upload 20 pieces of work into any category you wish.

I am an instructor and wish to enter for my students. If you are an instructor and wish to enter multiple students and their work, click here and we’ll send you a coupon code so that you may enter multiple students into the contest.

I forgot my password or email address. Click “Log in” on the cmykmag.com homepage and click “Forgot your password?” to receive an automatic email message that will prompt you to create a new password.

How do I change my account information? Click “Log in” on the cmykmag.com homepage and “Edit profile” to change personal information. This personal information appears as contact information below entries.

Can I edit or add credits after I’ve closed my entries and paid? Yes. You can edit in your profile login while the competition is open through your dashboard. You will receive a dashboard portfolio account when you sign-up for any of CMYK’s student contests.

Are there any hidden fees? No. $59.00 covers it all, plus an online portfolio.

 

ENTRIES

Image requirements
Please upload 150-250 DPI images to our site. If landscape, make the width at least 960px; if portrait, make the height at least 680px. The suggested compression is 10, and the accepted file format is JPEG. Please do not submit entries in CMYK. They will not work on our platform. For further details on image requirements, check out the entry page at your account login on our site.

Series or campaigns
If you worked on a print campaign, multiple-paged book, brochure, magazine, annual report, poster series, etc., please label and number each work accordingly so we may be able to properly identify the series. For example: “CMYK print campaign (1 of 4)”

Do I need a portfolio to enter the contest? No. When you register for any CMYK aspiring artist contest you automatically are given an online portfolio dashboard where you can showcase all of your work on CMYK Magazine’s website. But you can choose to deactivate your portfolio at any time.

How do I delete contest entries/portfolio images? Simply log into your portfolio and click “delete” as needed for any piece in the contest. Same example goes for your online portfolio as well. Once the contest closes, all work uploaded to your contest dashboard will be submitted.

When will the winners be announced?
Winners are typically announced 60 days after the competition closes. Winners will be notified via email. All other entrants will be notified as soon as possible.

Who is included in the app?
A jury will select works for publication in CMYK Magazine (both on the app and on our Website). The CMYK staff will also select winners to appear on CMYK app in the Gallery, as well as on our Website.

Do I get a certificate or order an award?
All those published in CMYK (either on our app or Website) will receive recognition from your peers and industry, as well as an impressive bullet point for your resume. Physical awards include resume bullets, along with greater potential for appreciation from your audience of your peers.

 

CMYK “TOP NEW CREATIVES” CONTEST RULES, CONT.

CMYK Magazine, Inc. (“CMYK”) is holding this quarterly, non-professional contest open to all U.S. and International art-design students, recent graduates and the “self-taught” in following categories: advertising (copywriting and illustration), graphic design, illustration and photography. All entrants must be a current student, a recent graduate (up to one year out of school) or consider themselves self-taught and looking for employment.

All entries are reviewed by a jury process. Works chosen by the jury, as well as those works selected by the CMYK editorial staff, will be published on CMYK App (IOS) as well as on www.cmykmag.com. The entry fee for the contest is a $59 flat fee. Entry into a category permits you to enter up to 20 different  works in that category.

You are entering your work files in a juried CMYK Top New Creatives contest, with no guarantee that your work will be chosen for publication on the CMYK App or on www.cmykmag.com. Everyone who enters CMYK Top New Creatives contest will receive regular email updates as to the status of this contest. Entrants selected for publication will be notified by email and telephone once the results are made available to CMYK.

As part of entering CMYK Top New Creatives contest, you may upload to the Site samples of your work, images, videos, animation, files, data, information and other content and material for inclusion in this contest: CMYK Top New Creatives contest. If your work is selected to appear on CMYK App or www.cmykmag.com, you hereby grant CMYK magazine an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use Jury-Selected Content (i) on the www.cmykmag.com, (ii) and on CMYK App and (iii) to promote and advertise the Site and CMYK App. In connection with these activities, operation and promotion of www.cmykmag.com, you agree that CMYK has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Jury-Selected Content, regardless of the medium, technology, or form in which it is used. For example, CMYK may use the Jury-Selected Content to promote your material on www.cmykmag.com/mycmyk.com as part of a screen option, demonstration, or on CMYK App. You also warrant that if you are not the sole owner of the Jury-Selected Contentholder of any such rights, all other owners the holder of any content included in the Jury-Selected Content such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above.

By participating in the contest, you agree that the Terms and Conditions of Use for the Site available at www.cmykmag.com are applicable to your participation in the contest, your submission of content and other material and your use of the Site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any uploaded content. You agree that you will not upload any false, inaccurate or incomplete material or delete or revise any material that was not uploaded by you. You are responsible for your own uploads and are responsible for the consequences of your work. You agree not to do any of the following: (a) Submit any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to submit it; (b) submit any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to submit it; (c) submit any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) submit any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) submit any chain letter or pyramid scheme; or (f) submit any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

By submitting, the entrant hereby agrees to the following:

Any entry that has infringed any of its country of origins laws or voluntary or regulatory codes of practice is not eligible. In the case of the United Kingdom, this will include the British Codes of Advertising and Sales Promotion and BSI. It is the responsibility of the entrant to withdraw such work. If for any reason an accepted entry has to be withdrawn, all production costs incurred will be charged to the entrant.

Property of Entries

All materials that accompany or form part of an Entry will become the sole property of CMYK Magazine. Accordingly, CMYK Magazine will not return any items entered and will not be responsible for their loss or damage.

License*

By submitting an Entry the Entrant hereby grants CMYK Magazine, its agents and assigns, a non-exclusive, worldwide license to publish and use the Entry if it is awarded acceptance into the CMYK Top New Creatives contest. This use is limited to the publication and promotion of the CMYK Magazine app, Website or contest to which the Entry was Submitted and any subsequent CMYK Magazine anthology or historical publication, and includes any medium CMYK Magazine chooses, including without limitation print, electronic media and broadcast, for the life of the CMYK Magazine publication(s). In each case, CMYK Magazine agrees to give credit to the author/copyright owner of the work. Further, CMYK Magazine agrees to refer any additional requests for the use of these images that are outside the scope of this License, directly to the author/copyright owner.

CMYK Magazine does not share your personal information with those websites and sponsors who partner with CMYK Magazine and is not responsible for their privacy practices.

Warranties

By submitting an Entry the Entrant warrants that it is entitled to grant the License referred to above and that it has obtained all necessary permissions, usage rights and waivers of moral rights from all third parties who contributed to or commissioned the Entry, including without limitation the advertiser whose goods or services the Entry promotes, producers, directors, photographers, illustrators and performers, together with the owners of any trade or service marks, whether registered or not, which are included in or form part of the Entry. The Entrant also warrants that the credits and information in the Entry are true and correct and that CMYK Magazine’s publication and use of those credits and information will not infringe any moral or other rights of the Entrant or any third party.

Indemnity and Non-liability

Entrant agrees to indemnify CMYK Magazine and hold it harmless from any costs, expenses or damages, including court costs and reasonable attorney's fees, arising out of the breach or alleged breach of the above representations and warranties. Entrant agrees CMYK Magazine shall not be liable for any loss or damage arising from acts or omissions of Entrant, including but not limited to the payment of any money owed to interested third parties.

 

Right to Withdraw Entries

CMYK Magazine reserves the right, in its sole discretion, to reject any Entry. CMYK Magazine further reserves the right, for any reason, not to publish the winners for which the Call for Entries was intended.

No Refunds

Under no circumstances will refunds be issued to Entrants. The fee paid for entry is intended to cover the costs of administration, processing & judging the Entry.

*This legal text has been revised to better protect the interests of both parties, with the help of APA

All Content © 2017 CMYK Magazine: All Rights Reserved.

 

 

TERMS OF USE
CMYK Magazine, Inc. (“CMYK”, or “we”) provides our users the ability to view material, from either social networking services (“SNSs”) or the Internet generally, in an innovative way. The services offered by CMYK include our software applications (including any updates, new versions or new releases thereof), including but not limited to applications for mobile devices such as Apple’s iPad and iPhone, and devices running the Android operating system (each a “CMYK Application”), our website located at www.cmykmag.com (the “Site”) and any other services offered by CMYK in connection with our CMYK Application or the Site (any and all of the foregoing are referred to as the “Services”). The Services do not include any SNS or other third-party service you interact with via the Services.

Please read the following terms and conditions (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Services and CMYK Content (defined below) and set forth the legally binding terms for your use of the Services and CMYK Content, whether or not you are a CMYK App User or a visitor of the Site. A “CMYK App User” is a person who has downloaded and installed a copy of the CMYK Application.

SPECIAL NOTE TO CMYK APP USERS:  Without limiting any other terms of these Terms of Use, by using an SNS via the Services you understand and agree that CMYK, as an agent on your behalf, will access and store your SNS account information and content so that they are available to you through your use of the CMYK Application and you give CMYK permission to do so. You agree that any content that you submit to an SNS while using the Services may be stored by CMYK at your direction, although CMYK does not undertake any obligations to maintain such submissions.

Certain areas of the Services (and your access to or use of CMYK Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions or to register for certain uses of the Site or Services. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or CMYK Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or CMYK Content.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE CMYK APPLICATION, SITE, OR SERVICES, BY DOWNLOADING THE CMYK APPLICATION TO ANY DEVICE OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CMYK CONTENT.

 

Modification


CMYK reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the CMYK Application or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms of Use. By continuing to access or use the Site or Services (including any CMYK Application) after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and CMYK that arose prior to the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

 

Eligibility and Access


The Site, Services and CMYK Content are intended solely for persons who are 13 or older. Any access to or use of the Site, Services and CMYK Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and CMYK Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the Site, Services and CMYK Content.

In order to use certain current or future portions or functionalities of the Site, Services or CMYK Content, you may be required to register for a user name and password (creating a “CMYK Account”). CMYK reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in CMYK ’s sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your CMYK Account credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your CMYK Account through a combination of upper and lower case letters, numbers and other characters. You agree to notify CMYK immediately of any unauthorized use of your CMYK Account credentials or any other breach of security with respect to your CMYK Account. CMYK will not be liable for any loss or damage arising from unauthorized use of your CMYK Account credentials prior to you notifying CMYK of such unauthorized use or loss of your credentials.

You agree to provide accurate, current, complete and non-misleading information to CMYK in connection with your creation of a CMYK Account and during your use of the Services. CMYK reserves the right to suspend or terminate your access to the Site and/or Services if any information provided to CMYK in connection with your CMYK Account or use of the Site and/or Services proves to be inaccurate, not current, incomplete or misleading. If messages sent to an email address provided by you and associated with your CMYK Account are returned as undeliverable, CMYK reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party. You agree that you will not use the CMYK Application to access or use third party services to which you do not have the right to access. If you are not a CMYK App User, then you may be permitted to browse all areas of the Site or use the parts of the Services that are not limited to CMYK App Users only, except as otherwise limited by the functionalities of the Site or Services (e.g., a CMYK Account may be required for access to certain Services).

 

Third Party Materials and Agreements


You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the CMYK Application to find and view material on the Internet, you are directing CMYK to present the Third Party Materials that you have selected to you and enable other users to discover such materials in accordance with your preferences. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials or User Content (defined below), and CMYK disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content via a CMYK Application. You further assume all responsibility for any data charges that you may incur for use of the CMYK Application and/or access to any Third Party Materials or User Content. Your ability to access or link to Third Party Materials, User Content, or third party services (including any SNS) does not imply any endorsement by CMYK of Third Party Materials, User Content or any such third party services. You acknowledge and agree that CMYK : (a) is not responsible for the availability or accuracy of such Third Party Materials or User Content or the products or services on or available from such Third Party Materials or User Content; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Materials or User Content; (c) does not undertake or assume any duty to monitor the CMYK Application for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Materials or User Content from being accessed through the Services. Notwithstanding the foregoing, CMYK reserves the right to block or remove User Content or Third Party Materials at any time in CMYK’s sole discretion.

These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials in violation of applicable copyright law, and the owners of such Third Party Materials may have the right to seek damages against you for any such violation.

 

Privacy

 

By using the Services you are subject to CMYK’s Privacy Policy which is hereby incorporated into and made part of these Terms of Use. The Privacy Policy provides information and notices concerning CMYK’s collection and use of your personal information.

 

Content


Certain types of content are made available through the Site and Services. “CMYK Content” means CMYK proprietary content, including but not limited to, CMYK trademarks and logos made available through the Site and Services, excluding Third Party Materials and User Content. “User Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that a CMYK user uploads, posts, flips, compiles or provides to CMYK via the Site and Services, as applicable.

 

Ownership
The Site, Services, and CMYK Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, CMYK and its licensors exclusively own all right, title and interest in and to the Site, Services, and CMYK Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or CMYK Content.

CMYK claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

 

CMYK Application License

License Grant. Subject to your compliance with the terms and conditions of these Terms of Use, CMYK grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the CMYK Application onto any authorized device you own and control, and run such copy of the CMYK Application solely for your personal, non-commercial use. Furthermore, with respect to any iTunes Store Sourced App (defined below) you may only use the iTunes Store Sourced App as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. CMYK reserves all rights in the CMYK Application not expressly granted to you in these Terms of Use.

Restrictions. Except as expressly specified in these Terms of Use, you may not (a) copy or modify the CMYK Application, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the CMYK Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the CMYK Application to any third party; or (c) make the functionality of the CMYK Application available to multiple users through any means, including but not limited to distribution of the CMYK Application or by uploading the CMYK Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. The CMYK Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the CMYK Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You must comply with any technical restrictions in the CMYK Application that allow you to use the CMYK Application only in certain ways.
Updates and Upgrades; No Obligation. CMYK is not obligated to maintain or support the CMYK Application, to provide all or any specific content through the CMYK Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that CMYK may from time to time in its sole discretion issue updates or upgrades to the CMYK Application, disable access to the CMYK Application for any period of time or permanently, and may automatically update or upgrade the version of the CMYK Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades. CMYK shall have no liability to you arising out of any unavailability of the CMYK Application.

Term and Termination. The license to the CMYK Application granted under these Terms of Use remains in effect, unless earlier terminated by you or CMYK in accordance with this provision. You may terminate the license at any time by destroying all copies of the CMYK Application in your possession or control. Without limiting any other terms of these Terms of Use, the license will automatically terminate without notice from CMYK if you breach any terms of these Terms of Use. Upon any termination of these Terms of Use, you must cease all use of the CMYK Application and promptly delete and destroy all copies, full or partial, of the CMYK Application.

Proprietary Rights. The copy of the CMYK Application is licensed, not sold, to you. You agree that CMYK and its licensors own all right, title and interest in and to the CMYK Application, including all intellectual property rights therein, and that CMYK retains ownership of all copies of the CMYK Application even after installation on your mobile device. The CMYK Application is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the CMYK Application as delivered to you.
U.S. Government End Users. The CMYK Application and related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the CMYK Application and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the CMYK Application and related documentation will be only those specified in these Terms of Use.

Export Control. You may not use, export, re-export, import or transfer the CMYK Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the CMYK Application, and any other applicable Laws. In particular, but without limitation, the CMYK Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the CMYK Application, you represent and warrant that you are not located in any such country or on any such list. You also may not use the CMYK Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

 

User Content

By making available any User Content through the Site and Services, you hereby grant to CMYK and its users a worldwide, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit (collectively, “Use”) such User Content only on, through or by means of the Site and the Services. CMYK does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to Use any such User Content. Licenses granted with respect to any photographs, artwork or images uploaded by you will terminate within 30 days following your deletion of such User Content from the Services or the termination of your CMYK Account, but the license granted by you with respect to any other User Content, including but not limited to any comments regarding any aspect of the Services or communications with another user of the Services, will be perpetual and irrevocable. Notwithstanding the preceding sentence, you hereby acknowledge and agree that CMYK shall not be liable for any Uses of your User Content by any third party that had access to your User Content during the period in which your User Content was available on or through the Services.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to CMYK the rights in such User Content, as contemplated under these Terms of Use; (b) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or CMYK’s Use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any Use made of the User Content (or any portion thereof) on, through or by means of the Site and the Services.

 

Copyrighted Materials: No Infringing Use


You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. CMYK has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. 

 

Feedback


We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at support@cmykmag.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of CMYK and you hereby irrevocably assign to CMYK and agree to irrevocably assign to CMYK all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights therein. At CMYK ’s request and expense, you will execute documents and take such further acts as CMYK may reasonably request to assist CMYK to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

Interactions Between Users


You are solely responsible for your interactions (including any disputes) with other users. You understand that CMYK does not in any way screen CMYK users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other CMYK users. You agree to take reasonable precautions in all interactions with other CMYK users, particularly if you decide to communicate with CMYK user offline or meet them in person. Your use of the Site, Services, CMYK Content, and any other content made available through the Site or Services is at your sole risk and discretion, and CMYK hereby disclaims any and all liability to you or any third party relating thereto. CMYK reserves the right to contact CMYK users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with CMYK to investigate any suspected unlawful, fraudulent or improper activity via the Services.

 

General Prohibitions


You agree not to do any of the following while using the Site, Services or CMYK Content:

  • Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including but not limited to in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, CMYK ’s name, any CMYK trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without CMYK ’s express written consent;
  • Access, tamper with or use non-public areas of the Site or Services, CMYK ’s computer systems or the technical delivery systems of CMYK ’s providers;
  • Attempt to probe, scan or test the vulnerability of any CMYK system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CMYK or any of CMYK ’s providers or any other third party (including another user) to protect the Site, Services or CMYK Content;
  • Access or search the Services or CMYK Content through the use of any engine, software, tool, agent, device or mechanism other than the software provided by CMYK or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  • Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a CMYK trademark, logo URL or product name without CMYK ’s express written consent;
  • Use the Site, Services or CMYK Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or CMYK Content to send altered, deceptive or false source- identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or CMYK Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Solicit login information or access an account belonging to someone else;
  • Use CMYK to do anything misleading, malicious or discriminatory;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

CMYK will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. CMYK may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

You acknowledge that CMYK has no obligation to monitor your access to or use of the Site, Services or CMYK Content or to review or edit any User Content or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CMYK reserves the right, at any time and without prior notice, to remove or disable access to any CMYK Content, Third Party Materials, and any User Content, that CMYK , in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

 

Sweepstakes and Contests


CMYK may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Service, as they may contain additional important information about CMYK rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

 

Termination


Without limiting other remedies, CMYK may at any time suspend or terminate your account, or refuse to provide you with access to the Site or Services. In addition, CMYK may notify authorities or take any actions it deems appropriate, without notice to you, if CMYK suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by CMYK ; or (b) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, CMYK users, CMYK or any other third parties or the Site or Services.

Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.

Following termination your account, or if you remove any User Content from CMYK, we may retain your User Content for a commercially reasonable period of time for backup, archival or audit purposes, and we may retain an archived copy of your records as required by law or for legitimate business purposes. Furthermore, CMYK and its users may retain and continue to use, store and display any of your User Content that other users have stored or shared through CMYK .

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. CMYK will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES.

Any suspension, termination or cancellation will not affect your obligations to CMYK under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.

 

Disclaimers


THE SITE, SERVICES, CMYK CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CMYK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CMYK MAKES NO WARRANTY THAT THE SITE, SERVICES, CMYK CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CMYK OR THROUGH THE SITE, SERVICES, CMYK CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Indemnity


You agree to defend, indemnify, and hold CMYK, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or CMYK Content, or your violation of these Terms of Use.

 

Limitation of Liability


YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, INCLUDING THE CMYK APPLICATION, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER CMYK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CMYK CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CMYK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT CMYK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL CMYK ’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CMYK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Proprietary Rights Notices


All trademarks, service marks, logos, trade names and any other proprietary designations of CMYK used herein are trademarks or registered trademarks of CMYK Magazine, Inc. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Dispute Resolution


Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND CMYK AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.


Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to CMYK, to you via any other method available to CMYK, including via e-mail. The Notice to CMYK =should be addressed to: CMYK =Magazine, Inc., 214 Homer Avenue, Palo Alto, CA 94301, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and CMYK do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CMYK may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against CMYK, then CMYK will promptly reimburse you for your confirmed payment of the filing fee upon CMYK’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.

Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and CMYK agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.


No Class Actions. YOU AND CMYK AGREE THAT YOU AND CMYK MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN YOU FURTHER AGREE THAT THE PROVISIONS OF THIS AGREEMENT CONCERNING MANDATORY ARBITRATION SHALL NOT APPLY TO ANY ACTION INVOLVING A PURPORTED CLASS OR REPRESENTITIVE PROCEEDING, AND SUCH ACTIONS BETWEEN YOU AND CMYK SHALL PROCEED, IF AT ALL, IN STATE OR FEDERAL COURT, AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA.

Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms of Use.

These Terms of Use and your use of the Service shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and CMYK under these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, and you and CMYK hereby submit to the personal jurisdiction and venue of these courts.

Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which CMYK seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by CMYK or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against CMYK, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Claims. You and CMYK agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms of Use or the Site or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Improperly Filed Claims. All claims you bring against CMYK must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, CMYK may recover attorneys’ fees and costs up to $5,000, provided that CMYK has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

 

Entire Agreement


These Terms of Use constitute the entire and exclusive understanding and agreement between CMYK and you regarding the Site, Services and CMYK Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between CMYK and you regarding the Site, Services, and CMYK Content.

 

Assignment


You may not assign or transfer these Terms of Use, by operation of law or otherwise, without CMYK’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. CMYK may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

Notices


You consent to the use of: (a) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by CMYK (x) via email if applicable (in each case to the address that you provide); or (y) by posting to the Site or Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.

 

General


These Terms of Use shall not be modified except in a writing, signed by both parties, or by a change to these Terms of Use made by CMYK as authorized in these Terms of Use. The heading references used in these Terms of Use are for convenience purposes only, do not constitute a part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions hereof. The failure of CMYK to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CMYK . Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. There are no third-party beneficiaries of these Terms of Use unless provided expressly by this agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and CMYK as a result of these Terms of Use or your use of the Site or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and CMYK other than pursuant to these Terms of Use.

 

Disclosure


The Services hereunder are offered by CMYK Magazine, Inc., located at 3001 Bridgeway Blvd. Ste. K, #335. Sausalito, CA 94965. You may contact us by sending correspondence to the foregoing address or by emailing us at support@cmykmag.com. If you are a California resident, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.

 

Certain Third Party Software


Portions of the CMYK Application are subject to the following licenses:

 
All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the organization nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JOHN ENGELHART BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Copyright © 2017 CMYK Magazine, Inc.


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

CMYK “TOP NEW CREATIVES” CONTEST RULES

CMYK Magazine, Inc. (“CMYK”) is holding this quarterly, non-professional contest open to all U.S. and International art-design students, recent graduates and the “self-taught” in following categories: advertising (copywriting or illustration), graphic design, interactive, illustration, and photography.

Do you have to be an art/design student to enter?
At the time of submitting to any CMYK contest, all entrants must be a current student, a recent graduate (up to 1 year out of school) or self-taught, non-professional artist in the categories of advertising (copywriting or art direction), graphic design, illustration, and photography.

How much does it cost to enter the contest? The entry fee for the contest is a $59 flat fee. Entry into a category permits you to enter up to 20 different pieces of work in any single category.

Can I enter multiple categories during the contest? Yes, you can upload 20 pieces of work into any category you wish.

I am an instructor and wish to enter for my students. If you are an instructor and wish to enter multiple students and their work, click here and we’ll send you a coupon code so that you may enter multiple students into the contest.

I forgot my password or email address. Click “Log in” on the cmykmag.com homepage and click “Forgot your password?” to receive an automatic email message that will prompt you to create a new password.

How do I change my account information? Click “Log in” on the cmykmag.com homepage and “Edit profile” to change personal information. This personal information appears as contact information below entries.

Can I edit or add credits after I’ve closed my entries and paid? Yes. You can edit in your profile login while the competition is open through your dashboard. You will receive a dashboard portfolio account when you sign-up for any of CMYK’s student contests.

Are there any hidden fees? $59.00 covers it all, plus an online portfolio.

 

ENTRIES

Image requirements
Please upload 150-250 DPI images to our site. If landscape, make the width at least 960px; if portrait, make the height at least 680px. The suggested compression is 10, and the accepted file format is JPEG. Please do not submit entries in CMYK format. They will not work on our platform. For further details on image requirements, check out the entry page at your account login on our site.

Series or campaigns
If you worked on a print campaign, multiple-paged book, brochure, magazine, annual report, poster series, etc., please label and number each work accordingly so we may be able to properly identify the series. For example: “CMYK print campaign (1 of 4)”

Do I need a portfolio to enter the contest? No. When you register for any CMYK aspiring artist contest you automatically are given an online portfolio dashboard where you can showcase all of your work on CMYK Magazine’s website. But you can choose to deactivate your portfolio at any time.

How do I delete contest entries/portfolio images? Simply log into your portfolio and click “delete” as needed for any piece in the contest. Same example goes for your online portfolio as well. Once the contest closes, all work uploaded to your contest dashboard will be submitted.

When will the winners be announced?
Winners are typically announced 60 days after the competition closes. Winners will be notified via email. All other entrants will be notified as soon as possible.

Who is included in the app?
A jury will select works for publication in CMYK Magazine (both on the app and on our Website). The CMYK staff will also select winners to appear on CMYK app in the Gallery, as well as on our Website.

Do I get a certificate or order an award?
All those published in CMYK (either on our app or Website) will receive recognition from your peers and industry, as well as an impressive bullet point for your resume. Physical awards include resume bullets, along with greater potential for appreciation from your audience of your peers.

 

CMYK “TOP NEW CREATIVES” CONTEST RULES, CONT.

CMYK Magazine, Inc. (“CMYK”) is holding this quarterly, non-professional contest open to all U.S. and International art-design students, recent graduates and the “self-taught” in following categories: advertising (copywriting and illustration), graphic design, illustration and photography. All entrants must be a current student, a recent graduate (up to one year out of school) or consider themselves self-taught and looking for employment.

All entries are reviewed by a jury process. Works chosen by the jury, as well as those works selected by the CMYK editorial staff, will be published on CMYK App (IOS) as well as on www.cmykmag.com. The entry fee for the contest is a $59 flat fee. Entry into a category permits you to enter up to 20 different  works in that category.

You are entering your work files in a juried CMYK Top New Creatives contest, with no guarantee that your work will be chosen for publication on the CMYK App or on www.cmykmag.com. Everyone who enters CMYK Top New Creatives contest will receive regular email updates as to the status of this contest. Entrants selected for publication will be notified by email and telephone once the results are made available to CMYK.

As part of entering CMYK Top New Creatives contest, you may upload to the Site samples of your work, images, videos, animation, files, data, information and other content and material for inclusion in this contest: CMYK Top New Creatives contest. If your work is selected to appear on CMYK App or www.cmykmag.com, you hereby grant CMYK magazine an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use Jury-Selected Content (i) on the www.cmykmag.com, (ii) and on CMYK App and (iii) to promote and advertise the Site and CMYK App. In connection with these activities, operation and promotion of www.cmykmag.com, you agree that CMYK has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Jury-Selected Content, regardless of the medium, technology, or form in which it is used. For example, CMYK may use the Jury-Selected Content to promote your material on www.cmykmag.com/mycmyk.com as part of a screen option, demonstration, or on CMYK App. You also warrant that if you are not the sole owner of the Jury-Selected Contentholder of any such rights, all other owners the holder of any content included in the Jury-Selected Content such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above.

By participating in the contest, you agree that the Terms and Conditions of Use for the Site available at www.cmykmag.com are applicable to your participation in the contest, your submission of content and other material and your use of the Site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any uploaded content. You agree that you will not upload any false, inaccurate or incomplete material or delete or revise any material that was not uploaded by you. You are responsible for your own uploads and are responsible for the consequences of your work. You agree not to do any of the following: (a) Submit any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to submit it; (b) submit any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to submit it; (c) submit any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) submit any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) submit any chain letter or pyramid scheme; or (f) submit any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

By submitting, the entrant hereby agrees to the following:

Any entry that has infringed any of its country of origins laws or voluntary or regulatory codes of practice is not eligible. In the case of the United Kingdom, this will include the British Codes of Advertising and Sales Promotion and BSI. It is the responsibility of the entrant to withdraw such work. If for any reason an accepted entry has to be withdrawn, all production costs incurred will be charged to the entrant.

Property of Entries

All materials that accompany or form part of an Entry will become the sole property of CMYK Magazine. Accordingly, CMYK Magazine will not return any items entered and will not be responsible for their loss or damage.

License*

By submitting an Entry the Entrant hereby grants CMYK Magazine, its agents and assigns, a non-exclusive, worldwide license to publish and use the Entry if it is awarded acceptance into the CMYK Top New Creatives contest. This use is limited to the publication and promotion of the CMYK Magazine app, Website or contest to which the Entry was Submitted and any subsequent CMYK Magazine anthology or historical publication, and includes any medium CMYK Magazine chooses, including without limitation print, electronic media and broadcast, for the life of the CMYK Magazine publication(s). In each case, CMYK Magazine agrees to give credit to the author/copyright owner of the work. Further, CMYK Magazine agrees to refer any additional requests for the use of these images that are outside the scope of this License, directly to the author/copyright owner.

CMYK Magazine does not share your personal information with those websites and sponsors who partner with CMYK Magazine and is not responsible for their privacy practices.

Warranties

By submitting an Entry the Entrant warrants that it is entitled to grant the License referred to above and that it has obtained all necessary permissions, usage rights and waivers of moral rights from all third parties who contributed to or commissioned the Entry, including without limitation the advertiser whose goods or services the Entry promotes, producers, directors, photographers, illustrators and performers, together with the owners of any trade or service marks, whether registered or not, which are included in or form part of the Entry. The Entrant also warrants that the credits and information in the Entry are true and correct and that CMYK Magazine’s publication and use of those credits and information will not infringe any moral or other rights of the Entrant or any third party.

Indemnity and Non-liability

Entrant agrees to indemnify CMYK Magazine and hold it harmless from any costs, expenses or damages, including court costs and reasonable attorney's fees, arising out of the breach or alleged breach of the above representations and warranties. Entrant agrees CMYK Magazine shall not be liable for any loss or damage arising from acts or omissions of Entrant, including but not limited to the payment of any money owed to interested third parties.

 

Right to Withdraw Entries

CMYK Magazine reserves the right, in its sole discretion, to reject any Entry. CMYK Magazine further reserves the right, for any reason, not to publish the winners for which the Call for Entries was intended.

No Refunds

Under no circumstances will refunds be issued to Entrants. The fee paid for entry is intended to cover the costs of administration, processing & judging the Entry.

*This legal text has been revised to better protect the interests of both parties, with the help of APA

All Content © 2017 CMYK Magazine: All Rights Reserved.

 

 

TERMS OF USE
CMYK Magazine, Inc. (“CMYK”, or “we”) provides our users the ability to view material, from either social networking services (“SNSs”) or the Internet generally, in an innovative way. The services offered by CMYK include our software applications (including any updates, new versions or new releases thereof), including but not limited to applications for mobile devices such as Apple’s iPad and iPhone, and devices running the Android operating system (each a “CMYK Application”), our website located at www.cmykmag.com (the “Site”) and any other services offered by CMYK in connection with our CMYK Application or the Site (any and all of the foregoing are referred to as the “Services”). The Services do not include any SNS or other third-party service you interact with via the Services.

Please read the following terms and conditions (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Services and CMYK Content (defined below) and set forth the legally binding terms for your use of the Services and CMYK Content, whether or not you are a CMYK App User or a visitor of the Site. A “CMYK App User” is a person who has downloaded and installed a copy of the CMYK Application.

SPECIAL NOTE TO CMYK APP USERS:  Without limiting any other terms of these Terms of Use, by using an SNS via the Services you understand and agree that CMYK, as an agent on your behalf, will access and store your SNS account information and content so that they are available to you through your use of the CMYK Application and you give CMYK permission to do so. You agree that any content that you submit to an SNS while using the Services may be stored by CMYK at your direction, although CMYK does not undertake any obligations to maintain such submissions.

Certain areas of the Services (and your access to or use of CMYK Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions or to register for certain uses of the Site or Services. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or CMYK Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or CMYK Content.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE CMYK APPLICATION, SITE, OR SERVICES, BY DOWNLOADING THE CMYK APPLICATION TO ANY DEVICE OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CMYK CONTENT.

 

Modification


CMYK reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the CMYK Application or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms of Use. By continuing to access or use the Site or Services (including any CMYK Application) after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and CMYK that arose prior to the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

 

Eligibility and Access


The Site, Services and CMYK Content are intended solely for persons who are 13 or older. Any access to or use of the Site, Services and CMYK Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and CMYK Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the Site, Services and CMYK Content.

In order to use certain current or future portions or functionalities of the Site, Services or CMYK Content, you may be required to register for a user name and password (creating a “CMYK Account”). CMYK reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in CMYK ’s sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your CMYK Account credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your CMYK Account through a combination of upper and lower case letters, numbers and other characters. You agree to notify CMYK immediately of any unauthorized use of your CMYK Account credentials or any other breach of security with respect to your CMYK Account. CMYK will not be liable for any loss or damage arising from unauthorized use of your CMYK Account credentials prior to you notifying CMYK of such unauthorized use or loss of your credentials.

You agree to provide accurate, current, complete and non-misleading information to CMYK in connection with your creation of a CMYK Account and during your use of the Services. CMYK reserves the right to suspend or terminate your access to the Site and/or Services if any information provided to CMYK in connection with your CMYK Account or use of the Site and/or Services proves to be inaccurate, not current, incomplete or misleading. If messages sent to an email address provided by you and associated with your CMYK Account are returned as undeliverable, CMYK reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party. You agree that you will not use the CMYK Application to access or use third party services to which you do not have the right to access. If you are not a CMYK App User, then you may be permitted to browse all areas of the Site or use the parts of the Services that are not limited to CMYK App Users only, except as otherwise limited by the functionalities of the Site or Services (e.g., a CMYK Account may be required for access to certain Services).

 

Third Party Materials and Agreements


You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the CMYK Application to find and view material on the Internet, you are directing CMYK to present the Third Party Materials that you have selected to you and enable other users to discover such materials in accordance with your preferences. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials or User Content (defined below), and CMYK disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content via a CMYK Application. You further assume all responsibility for any data charges that you may incur for use of the CMYK Application and/or access to any Third Party Materials or User Content. Your ability to access or link to Third Party Materials, User Content, or third party services (including any SNS) does not imply any endorsement by CMYK of Third Party Materials, User Content or any such third party services. You acknowledge and agree that CMYK : (a) is not responsible for the availability or accuracy of such Third Party Materials or User Content or the products or services on or available from such Third Party Materials or User Content; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Materials or User Content; (c) does not undertake or assume any duty to monitor the CMYK Application for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Materials or User Content from being accessed through the Services. Notwithstanding the foregoing, CMYK reserves the right to block or remove User Content or Third Party Materials at any time in CMYK’s sole discretion.

These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials in violation of applicable copyright law, and the owners of such Third Party Materials may have the right to seek damages against you for any such violation.

 

Privacy

 

By using the Services you are subject to CMYK’s Privacy Policy which is hereby incorporated into and made part of these Terms of Use. The Privacy Policy provides information and notices concerning CMYK’s collection and use of your personal information.

 

Content


Certain types of content are made available through the Site and Services. “CMYK Content” means CMYK proprietary content, including but not limited to, CMYK trademarks and logos made available through the Site and Services, excluding Third Party Materials and User Content. “User Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that a CMYK user uploads, posts, flips, compiles or provides to CMYK via the Site and Services, as applicable.

 

Ownership
The Site, Services, and CMYK Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, CMYK and its licensors exclusively own all right, title and interest in and to the Site, Services, and CMYK Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or CMYK Content.

CMYK claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

 

CMYK Application License

License Grant. Subject to your compliance with the terms and conditions of these Terms of Use, CMYK grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the CMYK Application onto any authorized device you own and control, and run such copy of the CMYK Application solely for your personal, non-commercial use. Furthermore, with respect to any iTunes Store Sourced App (defined below) you may only use the iTunes Store Sourced App as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. CMYK reserves all rights in the CMYK Application not expressly granted to you in these Terms of Use.

Restrictions. Except as expressly specified in these Terms of Use, you may not (a) copy or modify the CMYK Application, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the CMYK Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the CMYK Application to any third party; or (c) make the functionality of the CMYK Application available to multiple users through any means, including but not limited to distribution of the CMYK Application or by uploading the CMYK Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. The CMYK Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the CMYK Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You must comply with any technical restrictions in the CMYK Application that allow you to use the CMYK Application only in certain ways.
Updates and Upgrades; No Obligation. CMYK is not obligated to maintain or support the CMYK Application, to provide all or any specific content through the CMYK Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that CMYK may from time to time in its sole discretion issue updates or upgrades to the CMYK Application, disable access to the CMYK Application for any period of time or permanently, and may automatically update or upgrade the version of the CMYK Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades. CMYK shall have no liability to you arising out of any unavailability of the CMYK Application.

Term and Termination. The license to the CMYK Application granted under these Terms of Use remains in effect, unless earlier terminated by you or CMYK in accordance with this provision. You may terminate the license at any time by destroying all copies of the CMYK Application in your possession or control. Without limiting any other terms of these Terms of Use, the license will automatically terminate without notice from CMYK if you breach any terms of these Terms of Use. Upon any termination of these Terms of Use, you must cease all use of the CMYK Application and promptly delete and destroy all copies, full or partial, of the CMYK Application.

Proprietary Rights. The copy of the CMYK Application is licensed, not sold, to you. You agree that CMYK and its licensors own all right, title and interest in and to the CMYK Application, including all intellectual property rights therein, and that CMYK retains ownership of all copies of the CMYK Application even after installation on your mobile device. The CMYK Application is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the CMYK Application as delivered to you.
U.S. Government End Users. The CMYK Application and related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the CMYK Application and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the CMYK Application and related documentation will be only those specified in these Terms of Use.

Export Control. You may not use, export, re-export, import or transfer the CMYK Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the CMYK Application, and any other applicable Laws. In particular, but without limitation, the CMYK Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the CMYK Application, you represent and warrant that you are not located in any such country or on any such list. You also may not use the CMYK Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

 

User Content

By making available any User Content through the Site and Services, you hereby grant to CMYK and its users a worldwide, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit (collectively, “Use”) such User Content only on, through or by means of the Site and the Services. CMYK does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to Use any such User Content. Licenses granted with respect to any photographs, artwork or images uploaded by you will terminate within 30 days following your deletion of such User Content from the Services or the termination of your CMYK Account, but the license granted by you with respect to any other User Content, including but not limited to any comments regarding any aspect of the Services or communications with another user of the Services, will be perpetual and irrevocable. Notwithstanding the preceding sentence, you hereby acknowledge and agree that CMYK shall not be liable for any Uses of your User Content by any third party that had access to your User Content during the period in which your User Content was available on or through the Services.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to CMYK the rights in such User Content, as contemplated under these Terms of Use; (b) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or CMYK’s Use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any Use made of the User Content (or any portion thereof) on, through or by means of the Site and the Services.

 

Copyrighted Materials: No Infringing Use


You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. CMYK has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. 

 

Feedback


We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at support@cmykmag.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of CMYK and you hereby irrevocably assign to CMYK and agree to irrevocably assign to CMYK all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights therein. At CMYK ’s request and expense, you will execute documents and take such further acts as CMYK may reasonably request to assist CMYK to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

Interactions Between Users


You are solely responsible for your interactions (including any disputes) with other users. You understand that CMYK does not in any way screen CMYK users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other CMYK users. You agree to take reasonable precautions in all interactions with other CMYK users, particularly if you decide to communicate with CMYK user offline or meet them in person. Your use of the Site, Services, CMYK Content, and any other content made available through the Site or Services is at your sole risk and discretion, and CMYK hereby disclaims any and all liability to you or any third party relating thereto. CMYK reserves the right to contact CMYK users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with CMYK to investigate any suspected unlawful, fraudulent or improper activity via the Services.

 

General Prohibitions


You agree not to do any of the following while using the Site, Services or CMYK Content:

  • Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including but not limited to in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, CMYK ’s name, any CMYK trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without CMYK ’s express written consent;
  • Access, tamper with or use non-public areas of the Site or Services, CMYK ’s computer systems or the technical delivery systems of CMYK ’s providers;
  • Attempt to probe, scan or test the vulnerability of any CMYK system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CMYK or any of CMYK ’s providers or any other third party (including another user) to protect the Site, Services or CMYK Content;
  • Access or search the Services or CMYK Content through the use of any engine, software, tool, agent, device or mechanism other than the software provided by CMYK or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  • Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a CMYK trademark, logo URL or product name without CMYK ’s express written consent;
  • Use the Site, Services or CMYK Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or CMYK Content to send altered, deceptive or false source- identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or CMYK Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Solicit login information or access an account belonging to someone else;
  • Use CMYK to do anything misleading, malicious or discriminatory;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

CMYK will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. CMYK may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

You acknowledge that CMYK has no obligation to monitor your access to or use of the Site, Services or CMYK Content or to review or edit any User Content or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CMYK reserves the right, at any time and without prior notice, to remove or disable access to any CMYK Content, Third Party Materials, and any User Content, that CMYK , in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

 

Sweepstakes and Contests


CMYK may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Service, as they may contain additional important information about CMYK rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

 

Termination


Without limiting other remedies, CMYK may at any time suspend or terminate your account, or refuse to provide you with access to the Site or Services. In addition, CMYK may notify authorities or take any actions it deems appropriate, without notice to you, if CMYK suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by CMYK ; or (b) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, CMYK users, CMYK or any other third parties or the Site or Services.

Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.

Following termination your account, or if you remove any User Content from CMYK, we may retain your User Content for a commercially reasonable period of time for backup, archival or audit purposes, and we may retain an archived copy of your records as required by law or for legitimate business purposes. Furthermore, CMYK and its users may retain and continue to use, store and display any of your User Content that other users have stored or shared through CMYK .

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. CMYK will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES.

Any suspension, termination or cancellation will not affect your obligations to CMYK under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.

 

Disclaimers


THE SITE, SERVICES, CMYK CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CMYK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CMYK MAKES NO WARRANTY THAT THE SITE, SERVICES, CMYK CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CMYK OR THROUGH THE SITE, SERVICES, CMYK CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Indemnity


You agree to defend, indemnify, and hold CMYK, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or CMYK Content, or your violation of these Terms of Use.

 

Limitation of Liability


YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, INCLUDING THE CMYK APPLICATION, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER CMYK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CMYK CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CMYK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT CMYK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL CMYK ’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CMYK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Proprietary Rights Notices


All trademarks, service marks, logos, trade names and any other proprietary designations of CMYK used herein are trademarks or registered trademarks of CMYK Magazine, Inc. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Dispute Resolution


Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND CMYK AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.


Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to CMYK, to you via any other method available to CMYK, including via e-mail. The Notice to CMYK =should be addressed to: CMYK =Magazine, Inc., 214 Homer Avenue, Palo Alto, CA 94301, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and CMYK do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CMYK may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against CMYK, then CMYK will promptly reimburse you for your confirmed payment of the filing fee upon CMYK’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.

Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and CMYK agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.


No Class Actions. YOU AND CMYK AGREE THAT YOU AND CMYK MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN YOU FURTHER AGREE THAT THE PROVISIONS OF THIS AGREEMENT CONCERNING MANDATORY ARBITRATION SHALL NOT APPLY TO ANY ACTION INVOLVING A PURPORTED CLASS OR REPRESENTITIVE PROCEEDING, AND SUCH ACTIONS BETWEEN YOU AND CMYK SHALL PROCEED, IF AT ALL, IN STATE OR FEDERAL COURT, AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA.

Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms of Use.

These Terms of Use and your use of the Service shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and CMYK under these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, and you and CMYK hereby submit to the personal jurisdiction and venue of these courts.

Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which CMYK seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by CMYK or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against CMYK, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Claims. You and CMYK agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms of Use or the Site or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Improperly Filed Claims. All claims you bring against CMYK must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, CMYK may recover attorneys’ fees and costs up to $5,000, provided that CMYK has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

 

Entire Agreement


These Terms of Use constitute the entire and exclusive understanding and agreement between CMYK and you regarding the Site, Services and CMYK Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between CMYK and you regarding the Site, Services, and CMYK Content.

 

Assignment


You may not assign or transfer these Terms of Use, by operation of law or otherwise, without CMYK’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. CMYK may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

Notices


You consent to the use of: (a) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by CMYK (x) via email if applicable (in each case to the address that you provide); or (y) by posting to the Site or Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.

 

General


These Terms of Use shall not be modified except in a writing, signed by both parties, or by a change to these Terms of Use made by CMYK as authorized in these Terms of Use. The heading references used in these Terms of Use are for convenience purposes only, do not constitute a part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions hereof. The failure of CMYK to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CMYK . Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. There are no third-party beneficiaries of these Terms of Use unless provided expressly by this agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and CMYK as a result of these Terms of Use or your use of the Site or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and CMYK other than pursuant to these Terms of Use.

 

Disclosure


The Services hereunder are offered by CMYK Magazine, Inc., located at 3001 Bridgeway Blvd. Ste. K, #335. Sausalito, CA 94965. You may contact us by sending correspondence to the foregoing address or by emailing us at support@cmykmag.com. If you are a California resident, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.

 

Certain Third Party Software


Portions of the CMYK Application are subject to the following licenses:

 
All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the organization nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JOHN ENGELHART BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Copyright © 2017 CMYK Magazine, Inc.


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.