USER CONTENT SUBMISSIONS
Please read this User Content Submission Agreement carefully because it is a part of the
(“Submission Agreement“) regarding your submission (and our display and distribution)
of content to the Site via certain technology, functionality and/or features we make
available to you so you can upload and post such content for display via the Site
(collectively, the “User Content Submission Features“), and this Submission
Agreement applies regardless of what type of Device you use to submit content to the
Site. Unless defined separately, terms used in this Submission Agreement are defined in
When you submit User Content, or by using or attempting to use the User Content
Submission Features, you are signifying your agreement with and acceptance of all terms
and conditions of this Submission Agreement as well as the terms and conditions
relationship with TheCostMag.com.
We have the right to change the terms and conditions of this Submission Agreement at
any time. If you do not agree with all the terms and conditions of this Submission Agreement at any time, including, without
limitation, those times when we make changes, do not use, do not attempt to use, and
Immediately discontinue your use of, the User Content Submission Features, because if
you do any of these things you are agreeing to be bound by all of the terms and
conditions of this Submission Agreement, including, without limitation, any changes we
IMPORTANT NOTE: You must meet the Age and Other Eligibility Requirements in
Section 2 of this Submission Agreement and each and every time you submit or attempt
to submit User Content, among other things, you will be asked to confirm your
1. Submitting User Content.
The term “User Content” means and refers to any and all content, media and materials
you submit for posting on the Site using the User Content Submission Features,
including, without limitation, still photographs, writings, spoken statements, music,
audio, video, video recordings, audio-visual works and recordings, slides, portraits,
animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound
recordings, voices, voice reproductions, computer graphics and visual effects, as well as
any accompanying documentation, packaging or other materials, tangible or intangible,
and to all derivative works, translations, adaptations or variations of same, regardless of
the tangible medium, broadcast medium, format or form, now known or hereinafter
developed or discovered, and regardless of where produced, on location, in a studio or
elsewhere, in black-and-white or in color, alone or in conjunction with other work,
characters, real or imaginary, in any part of the world.
Each time you upload or submit User Content (or if you attempt to do so) you will be
confirming your acceptance of, and agreement to be bound by, all the terms and
conditions of this Submission Agreement.
To be considered for posting
and display to the public, User Content must meet all the specifications and requirements
relating to formatting, compatibility, operating characteristics and submission which can
also be found on the Site’s web page for the upload of User Content. In order to submit
User Content, you will also need to meet our Age Requirements (see Section 2 below).
When you submit User Content you may also be asked to provide some information
about you and your submission. This may include, without limitation, such things as a
descriptive title, some information about the User Content, length, your location and/or
similar information. By submitting User Content, you are also agreeing and you
understand that the term “User Content” also includes, without limitation, and refers to
all of the information you submit or we may receive that is related to your submission.
Always keep a copy of anything you send because we are not responsible for lost,
damaged, misdirected, unusable or unreadable User Content. Proof that you submitted
User Content does not constitute proof that we received anything.
2. Age and Other Eligibility Requirements.
By submitting User Content pursuant to the terms and conditions of this Submission
Agreement you are certifying that you satisfy the age and other eligibility requirements
3. User Content Standards; Unauthorized Content.
You are solely responsible and liable for your communications and submissions (and the
consequences) made under your name, user name and email address
if any. User Content does not reflect the views of
TheCostMag.com, and neither TheCostMag.com, nor any of the Parent Companies or the Affiliates, represents or
guarantees the truthfulness, accuracy, or reliability of any User Content, or endorses or
supports any opinions expressed in any User Content. In no event shall TheCostMag.com, the Parent
Companies or the Affiliates have or be construed to have any responsibility or liability
for or in connection with any User Content. If we determine, in our sole discretion, you
have not met the Age Requirements (see Section 2 above) or if, in our judgment, you or
any User Content you submit violates this Submission Agreement, we reserve the right,
at any time, without notice and without limiting any and all other rights we may have
under this Submission Agreement, at law or in equity, to (a) refuse to allow you to submit
further User Content, (b) remove and delete your User Content, (c) revoke your
registration and right to use the User Content Submission Features and (d) use any
technological, legal, operational or other means available to enforce the terms of this
Submission Agreement, including, without limitation, blocking specific IP addresses or
deactivating your registration, access using your e-mail address, your user name and
We make no claim the User Content Submission Features or any User Content are
appropriate for any particular purpose or audience, or that any video, software or our
User Content Submission Features may be accessed, used or downloaded outside of the
United States, which may not be legal for certain persons or in certain countries and you
do so at your own risk. You are responsible for compliance with the laws of your
jurisdiction. The United States controls the export of products and information and you
agree to comply with such restrictions and not to export or re-export any User Content
including videos, information, software, materials, products or services to countries or
persons prohibited under the export control laws and regulations.
You agree you will not submit or attempt to submit, and we have the right to reject,
refuse to accept, remove or otherwise handle as TheCostMag.com deems appropriate, any
“Unauthorized Content” which is defined as any User Content that is or could be
construed as violating any of the terms and conditions of this Submission Agreement,
including, without limitation:
- • infringing on a third party’s copyright or other intellectual property rights;
- • causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or
otherwise impair others from using or enjoying the Site;
- • unauthorized access to the User Content Submission Features or information of
- • the modification, impairment, disruption, alteration or interference with the use,
features, functions, operation or maintenance of the User Content Submission
- • any requirements, rules, terms or conditions that may be applicable to the User
Content Submission Features.
Neither TheCostMag.com nor the Parent Companies or the Affiliates control any User Content
submitted, although we may use both automated and manual means of reviewing User
Content in order to prevent Unauthorized Content from appearing and being displayed on
our Site. TheCostMag.com reserves the right to review any submitted User Content and to delete,
remove, move, edit or reject, without notice to you, any User Content that we deem, in
our sole discretion, abusive, defamatory, obscene, pornographic, in violation of
copyright, trademark or other intellectual property rights, to be in violation of this
Submission Agreement or to be unacceptable to TheCostMag.com or the Parent Companies or
Affiliates, for any reason or for no reason whatsoever; provided, however, that TheCostMag.com, the
Parent Companies and the Affiliates shall have no obligation or liability to you for failure
to do so or for doing so in any particular manner. If TheCostMag.com receives notice of any claim of
infringement that satisfies specific legal requirements, such as notice and takedown
requirements under U.S. copyright law (see Section 4 below), we may remove User
Content associated with such claim. TheCostMag.com reserves the right to provide information to law
enforcement officials, governmental agencies and pursuant to judicial or regulatory
compulsion, to protect their respective interests, the Site or to comply with legal,
regulatory, audit and compliance obligations.
4. Copyright Infringement.
If you believe any User Content violates the copyright of any other party, you can notify
us by using our contact form.
5. Rights Granted to TheCostMag.com.
In connection with all User Content you submit, you grant to TheCostMag.com, the Parent Companies and the Affiliates, the unqualified,
unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free
right, license, authorization and permission, in any form or format, on or through any
media or medium and with any technology or devices now known or hereafter developed
or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce,
distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare
derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of
your User Content on the Site
9. Disclaimers and Limitation of Liability.
THE USER CONTENT SUBMISSION FEATURES ARE PROVIDED “AS IS” WITH
NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF
THE USER CONTENT SUBMISSION IS AT YOUR OWN RISK. YOU
ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE
REPRESENTATIONS AND OBLIGATIONS UNDER THIS SUBMISSION
AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER
CONTENT SUBMISSION FEATURES. THECOSTMAG.COM AND THE PARENT COMPANIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE
AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE
OR USER CONTENT SUBMISSION FEATURES, ANY CONTENT, MATERIAL,
SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE
AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR
SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT
THE USER CONTENT SUBMISSION FEATURES WILL FUNCTION OR PERFORM
IN ANY PARTICULAR MANNER.
THE SITE AND USER CONTENT SUBMISSION FEATURES ARE MAINTAINED
ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF
THE USER CONTENT SUBMISSION FEATURES THAT ARE NOT RESTRICTED
OR PROHIBITED BY LAW OR REGULATION. THECOSTMAG.COM AND THE PARENT
COMPANIES DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY
AUTHORIZED OR THAT IS IN VIOLATION OF THIS SUBMISSION AGREEMENT
OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY
JURISDICTION OR COUNTRY. THECOSTMAG.COM AND THE PARENT COMPANIES
EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES,
WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR
PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER
FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE
BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF
THE POSSIBILITY OF DAMAGES.
agreement between you and us relating to User Content and your use of the User Content
Submission Features and supersedes any prior or inconsistent agreements. TheCostMag.com may
terminate this Submission Agreement with you and your right to use the User Content
Submission Features at any time without notice to you.