Terms of Use

Be sure to read our complete Terms of Use below, but here are some key points:

When submitting content/images to us, be sure you have permission to do so from the model(s), photographer(s), artist(s), or copyright owners before doing so.

Make sure all models in any images you submit are over the age of 18.

By submitting any content/images to us, you are agreeing to our complete Terms of Use.

We may change what is currently titled “Model of the Week” and “Artist of the Month” to change more or less frequently at any time.

 

1. General

Welcome to the The Burro Lifestyle Magazine website (the “Site”)! PLEASE READ THESE TERMS OF USE (the “Terms of Use”) CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE, OR CONTRIBUTING ANY CONTENT, INCLUDING BLOG ENTRIES, COMMENTS, MESSAGES, FORUM POSTS, MEMBER PROFILES AND PHOTOGRAPHY (“Content”). By using and/or visiting the site, you signify your agreement to these Terms of Use. If you do not agree to any of these Terms of Use, please do not use the Site. These Terms of Use may be modified or updated from time to time without notice to you, and you agree to be bound by such modifications or updates. Therefore, you should periodically review the most up-to-date version on the Site.

The Burro Lifestyle Magazine/theburrozine.com/The Burro (the “Site”) is provided to you for your personal entertainment, information, education, and communication through our featured content and interactive functionality available via the Internet (the “The Burro Lifestyle Magazine Services”).

Please read the Terms of Use carefully. The Terms of Use include our policy for acceptable use of the The Burro Lifestyle Magazine Services and content, as well as your rights, obligations and restrictions regarding your use of the The Burro Lifestyle Magazine Services. We grant you a limited, revocable, non-exclusive license to access The Burro Lifestyle Magazine Services for your own personal use, subject to the Terms of Use. Use of The Burro Lifestyle Magazine Services beyond the scope of authorized access granted to you terminates this permission.

2. Use of the Site

i. You, and not The Burro, are responsible for any Content you post on the Site, and the consequences of any such content.

ii. You shall not submit any Content that you do not have the right to submit.

iii. You shall not use the Site to transmit any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.

iv.  You shall not submit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

v. You shall not submit any Content or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

vi. You shall not falsely impersonate any real person or entity, or falsely state or otherwise misrepresent your affiliation with a real person or entity.

vii. You shall not use the Site for any commercial use without the prior written authorization of The Burro.

3. Intellectual Property Rights

The Burro does not claim ownership of Content transmitted by you to the Site and displayed on the Site. By submitting content to TheBurroZine.com or The Burro Lifestyle Magazine you grant to The Burro a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content you submit to the Site and to incorporate such Content into other works.

The Site, including all Content and the trademarks, service marks and logos contained therein, are owned by or licensed to The Burro.

4. Copyright and Content Policy

The Burro respects the intellectual property rights of others, and requests you to do the same. The Burro does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and The Burro will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Burro reserves the right to remove Content without prior notice. The Burro may remove such Content at any time, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide The Burro the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. a description of where the material that you claim is infringing is located on the Site, including the URL;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The above information may be sent by email to info@theburrozine.com.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BURRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THE BURRO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE SITE. THE BURRO DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY ADVERTISING, AND THE BURRO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

6. Limitation of Liability

IN NO EVENT SHALL THE BURRO, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BURRO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE BURRO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

7. Indemnity

You agree to defend, indemnify and hold harmless The Burro, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site; (ii) your violation of these Terms of Use; (iii) your violation of the terms which apply to Content; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that Content submitted by you caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

8. Privacy; Third Party Sites

The Burro respects the privacy of its users and others. Please see The Burro’s privacy policy at http://www.theburrozine.com/privacy-policy/, which are made a part of, and incorporated by reference into, these Terms of Use.

The Site may contain links to third party websites that are not owned or controlled by The Burro.  Use of such third party websites may be subject to their terms of use and privacy policies. The Burro has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Site, you expressly relieve The Burro from any and all liability arising from your use of any third-party website.

9. Custodian of Records

Without limiting any other matter contained herein, you represent and warrant that with respect to any Content you produce and transmit to the Site that contain depictions of nudity or actual sexually explicit conduct, all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. Further, you represent and warrant that with respect to the depictions described in the preceding sentence, true, correct and complete records required by 18 USC Section 2257 have been obtained and will be maintained by you in compliance with such law and will be provided to The Burro promptly upon request.

With respect to visual depictions of actual sexually explicit conduct produced by and posted on the Site by The Burro (other than depictions submitted by a user as described above), records required by 18 USC Section 2257 are kept by the custodian of records at The Burro. The custodian can be reached by email at info@theburrozine.com.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Burro without restriction.

11. General

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. These Terms of Use shall be governed by the laws of the State of Oregon, without respect to conflict of laws principles. Any controversy arising out of or in connection with use of the Site or these Terms, their validity or effect, will be conclusively determined by arbitration in the City of Portland, Oregon in accordance with the rules of the American Arbitration Association; provided, however, that such arbitration will be held before a single arbitrator selected by the parties, which arbitrator must be well acquainted with the Internet industry. You agree that any proceeding that you may choose to bring against us will be initiated within six (6) months after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your intention to arbitrate all such disputes according to the provisions hereof. The arbitrator’s decision will be controlled by these Terms of Use. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys’ fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 14 days of its issuance. These Terms of Use, together with the Privacy Policy and any other legal notices published by The Burro on the Site, shall constitute the entire agreement between you and The Burro concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and The Burro’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Burro reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

12. Contact Information

If you have questions or concerns regarding these Contest Terms, you should contact us at info@theburrozine.com.

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