Risen reserves the right to modify or amend these Terms without notice at any time. It is therefore important that you read this page regularly to ensure you are aware of any changes as you use will be bound by the updated Terms once they are posted.
If you become aware of misuse of the Site by any person, please contact the Site Administrator with your concerns.
Access and Use:
All materials contained in the Site are protected by international trademark and copyright laws and may only be used for personal, non-commercial purposes. This means that you may only view or download material from the Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Site without the express written consent of Risen is STRICTLY PROHIBITED. The material covered by this prohibition includes, without limitation, any original text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site. The use of materials from the Site on any other website or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Risen at:
Risen Media, LLC, 5717 Kearny Villa Road, Suite 108, San Diego, CA 92123.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Bulletin Boards and Comments
You are welcome to post, transmit or submit messages and other materials (which includes uploading files, inputting data or any other materials or engaging in any form of communication in connection with the Site) (collectively "Messages") to bulletin boards, comment boards, chat rooms or other public areas within, or in connection with, the Site (collectively "Forums"). Risen accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 13 are not authorized to post messages or participate in the Forums.
Risen does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Risen prior to posting and do not necessarily reflect the opinions or policies of Risen. Risen makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Risen reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
Risen assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Risen chooses, in its sole discretion, to monitor the Forums, Risen will continue to have no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Risen accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit the Site and any other user of the Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site, your Messages and the Forums by any other person.
You agree that you will not submit Messages to Forums that:
• are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to Risen that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
• improperly assume or claim the identity, characteristics or qualifications of another person;
• are for purposes of spamming;
• contain any virus or other harmful component;
• are libellous, or an invasion of privacy or publicity rights or any other third party rights; or
• are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of Risen and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Risen sees fit. When participating in an Interactive Communication, you will be wise not to assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. We cannot be, and we are not, responsible for the content or accuracy of any information provided or posted in any Interactive Communication.
You participate at your own risk when participating in, or engaging in any activity relating to, the Site and/or the Forums. You expressly assume and take full and sole responsibility at your own risk for (i) all postings using, or made under, your user name or account; and (ii) any use of any information, content and materials provided or displayed on, or contained in, the Site (including in any Forum).
You agree to release Risen, its parents and affiliates, together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
Risen offers free headlines for personal, non-commercial use via Really Simple Syndication (“RSS”) (RSS 2.0). RSS is an XML-based format for easily sharing news headlines and summaries for use in your favorite news readers and Web logs (blogs). The feeds include links back to the Site for the full article, and they update automatically.
To use RSS, you will need a special RSS news reader or aggregator that will allow you to collect and display the RSS content. Risen does not provide the required news reader or aggregator. There are many different news readers available, many for free. Most news readers are applications that you download and install. Others are web-based services you sign up for that work inside your browser.
Risen reserves the right to cease offering any or all of the RSS feeds at any time or to require you to cease distributing any or all of the feeds at any time for any reason. Risen assumes no liability for your activities in connection with the RSS feeds or for your use of the feeds in connection with your website.
Rules for Linking to Our Site
We may provide the option for you to post a link to the Site from your website or other third-party websites.
If you link to a Risen copyrighted article on our Site, we grant you the right to post a maximum of 50 words (per Fair Use standards) of the copyrighted article along with the link to the full article on our Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is strictly prohibited. We do not grant you the right to link to any third-party content on our Site. Risen reserves the right to, at any time and without prior notice, ask you to remove the link should Risen determine it to have a negative effect on the Site, search engine results or other negative impact on our visitors. You agree to remove the link immediately upon request.
Risen’s podcasting service (“Podcasting Service”) consists of free news and information audio files (“Podcast Content”) that may be downloaded to your computer and then transferred to your MP3 player.
You may only use the Podcasting Service with platforms which provide a functional link that, when accessed, takes the user directly to the podcast feed on the Site. The Podcast Content may be used only in a manner which allows linking or redirection to or delivery of the applicable page on the Site. You may not insert any intermediate page, splash page or any other content between the podcast link and the applicable page on the Site. Risen retains all ownership and other rights in the Podcast Content and in any and all Risen logos and trademarks used in connection with the Podcasting Service. If applicable, you must provide attribution to the appropriate page on the Site in connection with your use of the Podcasting Service, and, if you use a graphic in the attribution, you must use the appropriate Risen logo incorporated into the Podcast Content.
Risen reserves the right to cease offering any or all of the Podcasting Service or Podcast Content at any time or to require you to cease any and all use of the Podcasting Service or Podcast Content at any time for any reason. Risen assumes no liability for your activities in connection with the Podcasting Service or for your use of the Podcast Content in connection with your website, computer or MP3 player.
Risen only accepts submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, pictures, illustrations, information, suggestions, ideas or concepts (collectively, “Submissions”) through its submission process. Risen may, in its sole discretion, choose to review or not review, use all or some part, edit, crop, revise or discard any and all Submissions. At Risen’s sole discretion, if Risen chooses to use your submission, it may provide you with compensation in a form that it deems appropriate. Risen may also use your Submission without providing any compensation and by sending a Submission through the Site you expressly grant risen an unlimited, worldwide, royalty free right to use, copy, sublicense, adapt, transmit, distribute, sell, incorporate into other media, publicly perform, publish, display or delete your Submission as Risen sees fit. You agree that you are not entitled to any notice of use or non-use of your submission and by sending a Submission to Risen you waive the right to make any claim against Risen, its parents or affiliates relating to your Submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Linked Sites and Advertising
If you are interested in creating hypertext links to the Site, you must contact [email@example.com]. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or Risen, including its respective employees, agents, directors, officers and shareholders.
If Risen has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Risen is connected with, operates or controls these web sites.
Risen takes no responsibility for third-party advertisements which are posted on the Site, nor does it take any responsibility for the goods or services provided by its advertisers.
If you register for an account trough the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, including accepting responsibility for any and all charges to your credit or debit card authorized thereunder. If you are under 18, you may only register for an account with the consent of your parent or guardian. You may not sell, rent, give away or publish your account login and password information and any such activity will result in cancellation of your account and no refunds will be issued.
Some premium content offered on the Site may require a subscription or fee to be viewed ("Subscribed Content"). If you open an account for Subscribed Content on the Site, you hereby agree to pay all charges to such account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable and following all rules of the subscriptions. We reserve the right to change the amount of, or basis for determining, any fees or charges for the content we provide, and to institute new fees, charges, or terms effective upon notice to you at the email address you provide when establishing your account. We reserve the right to terminate your account(s) at any time for any reason. When you sign up for Subscribed Content you must agree to our rules for payment, use and termination of the Subscribed Content. You agree to adhere to all such rules in using the Subscribed Content. Your subscription for the Subscribed Content will be automatically renewed and your credit card account will be charged on the same time and cost basis as the prior subscription period unless the Site, rules for payment, or other communication from Risen indicates otherwise. If you subscribe to the Subscribed Content at an introductory or discounted rate, the Site or rules for payment will inform you of the regular subscription rate, which you will be charged upon expiration of the introductory period.
Disclaimer of Liability and Warranties
While Risen does its best to ensure the optimal performance of the Site, you agree that your use of the Site and any reliance on any content contained in the Site is at your own risk.
The Site, and all materials in the Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Risen DOES NOT WARRANT (i) that you will have continuous and uninterrupted access to the Site; (ii) the Site is fit for any particular purpose; (iii) that the functions contained in the materials in the Site will be uninterrupted; (iv) that defects will be corrected; (v) that the Site is free of viruses and other harmful components or (vi) that the Site is accurate, error free or reliable.
You acknowledge that Risen and third-party content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that Risen is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that Risen and third-party content providers are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
You agree to defend, indemnify and hold Risen, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of the Site; your failure to use the Site; your breach or alleged breach of these Terms or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Risen reserves the right to immediately terminate your use of, or access to the Site at any time if Risen decides in its sole discretion that you have breached these Terms or any relevant law, rule or regulation or you have engaged in conduct that Risen considers to be inappropriate or unacceptable.
If you believe that any material contained in the Site infringes your copyright or other intellectual property rights, you should notify Risen of your claim in accordance with the following procedure.
Risen will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement be sent to the Site's
[Web Editor, Risen Media, LLC, 5717 Kearny Villa Road, Suite 108, San Diego CA 92123]; FAX 858 569-569-6343; EMAIL brett @risenmagazine.com.
Pursuant to 17 U.S.C. §512(c)(3) in order to be effective, the notification must be in writing and contain the following: (i) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If any part of these Terms is found to be unlawful, void or unenforceable, then such part shall be severed from these Terms, which shall not affect the validity and enforceability of any remaining provisions.
These Terms are governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state and Federal courts located in San Diego County, California for resolution of any dispute, action or proceeding arising in connection with these Terms or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Risen Magazine and Risen Media, LLC logos are trademarks of Risen Media, LLC. All other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Risen or the owner of such trademark, service mark or trade name, except as explicitly permitted in these Terms.