Terms of Service

Last Revised September 26, 2011.

1.  ACCEPTANCE OF TERMS

This “Site” (as defined below) is owned and operated by Salon Media Group, Inc. (“Salon, “us” or “we”)  These terms of service (the “Terms of Service”, “TOS” or “Agreement”) set forth the legal terms and conditions governing your use of our website located at www.salon.com and any other online and mobile websites and interactive applications operated by Salon that are related to www.salon.com (collectively, the “Site”), unless a different policy is provided on a particular site, application or service.

Before using the Site, please read these TOS carefully.  Please also review the Salon Privacy Policy (the “Privacy Policy”), which is incorporated herein by this reference.  Your use of the Site confirms your agreement to be bound by these Terms of Service, and is subject to your continued compliance with these Terms of Service.  If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site.

Different Salon services like Open Salon, The WELL and Salon Personals maintain their own Terms of Service, which address the specific rules for those services.  By using any of those services, you agree to the additional terms and conditions they impose as well as these TOS.  If there is any conflict between these TOS and those specific to such services, these TOS control your use of the Site generally and the specific terms govern you use of the services to which they pertain.

Salon reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or this TOS, in whole or in part, at any time without further notice.  For changes to these TOS that we deem material, we will place a notice on the Salon website located at www.salon.com by revising the link on the homepage to read substantially as “Updated Terms of Service” for a reasonable time.  By accessing or using the Site after the TOS have been changed, you consent and agreed to the revised TOC.  The most current version of these TOS will be available on the site and will supersede all previous versions of these TOS.

2.  DESCRIPTION OF SERVICE

Salon provides users with access to a rich collection of resources through its network of properties (the “Service”).  The Service includes a full copy of the current Salon.com site and special content features.  Salon offers two ways of accessing the Service, through a Salon Core membership or standard, free access.  Salon Core members received enhanced features, described on our current Core membership page.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Salon properties, shall be subject to these TOS.  You understand and agree that the Service is provided “AS-IS” and that Salon assumes no responsibility for the timeliness or availability of the Service, nor for deletion or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service by joining through Salon’s registration page  or through standard, free access.  You understand and agree that access may involve third party fees (such as Internet service provider or airtime charges), and that you are responsible for those fees.  In addition, you understand that agree that you must provide and are responsible for all equipment necessary to access the Service.

3.  MODIFICATIONS TO SERVICE

Salon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  You agree that Salon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

4.  FEES AND PAYMENTS

Salon will charge you fees to become a Core member.  In order to use the Service or designated portions of the Service you will be required to register and create an account.  You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Salon reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

In order to set up a Core membership with Salon you must provide Salon with valid credit card information. By submitting such credit card information, you give Salon permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. All Fees (other than renewal fees) will be charged at the time they are incurred.

5.  REGISTRATION AND ACCOUNT CREATION

As part of the registration and account creation process required to obtain access to Salon’s Core Service, you will select a member ID (username) and a password.  You will provide Salon with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our Edit Account page).  You will be solely responsible for maintaining the confidentiality of your password.  You are also solely responsible for all usage of your Salon account including, but not limited to, use of the account by any person authorized by you to use your member ID and password.  You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself without permission.  You will also agree not to create more than one personal profile.  We reserve the right to remove or alter the public username associated with your if we believe it appropriate (e.g., if a trademark owner complains about it).  Salon may, in its sole discretion, at any time, with or without notice, terminate your password and membership, for any reason.  If we disable your account, you agree that you will not create another one without our permission.

6.  NON-TRANSFERABILITY OF MEMBERSHIP

Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void and may result in the cancellation of your account.

7.  MEMBERSHIP RENEWAL AND CANCELLATION

Salon will automatically renew and charge your account upon every one-year or monthly anniversary of the date on which you joined depending on the membership plan that you selected during enrollment. By registering, you give permission to Salon to automatically charge your membership fee to your credit card annually or monthly depending on your membership plan.  However, you may opt out of this automatic renewal at any time by visiting the Edit My Account page and changing your preference.  Or, at any time prior to the end of the applicable billing period (month, year, every other year), you may give Salon notice by e-mail to corehelp@salon.com that you do not wish to renew your account. Salon will cancel your account upon receipt of such notification from you.

The renewal charge will be equal to your original sign-up price; for those joining at discounted rates, renewal charges will revert to the regular price for the plan (with ads or without ads) you initially selected.

You may cancel a one or two year membership and receive a full refund if you make your cancellation and refund request to this e-mail address, corehelp@salon.com within 30 calendar days from the day you signed up.  You may cancel a monthly membership at any time but will not receive a refund for your membership fee.  No other refunds will be offered.

Individuals who joined before August 30, 2003 are considered Charter Members and may pay a fixed rate for yearly ad-free membership.  Charter Members will retain this discounted rate as long as their account remains in good standing. Should a Charter Member permit the subscription to lapse, their renewal rate shall be equal to rates paid by new members.

Refunds to members who opt to receive special offers like free books, magazines, CDs, DVDs and other services and items will be reduced by the amount of the retail price of, and shipping costs associated with, the special offer item.

8.  SPONSORS, THIRD PARTIES AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser.  You agree that Salon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

9.  SPECIAL OFFERS

From time to time Salon may offer limited-time incentives that members may opt to receive as part of their Core membership.  These incentives may include, but are not limited to books, magazine subscriptions, music CDs, software, special discounts and various services.  The following general restrictions apply to these incentives:

• Cost considerations dictate that shipping may be restricted to addresses within the United States.
• Current subscribers to magazines and other services that we offer as incentives may not be eligible for these offers.
• If you have opted into a Core offer and cancel your Core membership within the first 30 days of your membership and request a refund, your refund will be reduced by the amount of the special offer’s retail and shipping price.

The following magazine-specific restrictions apply:

• The Atlantic (currently available)

If you have selected it, your paid membership includes a one year (10 issues) subscription to The Atlantic. Your subscription will begin within 14 weeks and there are no hidden obligations and you will not receive any bills. The cost of your subscription is included in your order.  If you prefer not to receive the magazine, and would like a refund for the stated value of $12.95 instead, please print and complete this form and mail along with a copy of your donation acknowledgement within 30 days of submitting your payment to: The Atlantic Partner Refunds –X1JSAL, P.O. Box 420235, Palm Coast, FL 32142-0235.  This offer is only valid for paid customers of Salon.com with a U.S. mailing address who were offered and selected a The Atlantic subscription.  Requests for refund must be received within 30 days of your membership to Salon.com.  This offer is only available for new subscribers to The Atlantic.

• Rolling Stone (currently available)

If you have selected it, your paid membership includes a one year (26 issues) subscription to Rolling Stone. Your subscription will begin within 14 weeks and there are no hidden obligations and you will not receive any bills. The cost of your subscription is included in your order.  If you prefer not to receive the magazine, and would like a refund for the stated value of $12.95 instead, please print and complete this form and mail along with a copy of your donation acknowledgement within 30 days of submitting your payment to: Rolling Stone Refunds –RSFAUY8, P.O. Box 62230, Tampa, FL 33662-2230.  This offer is only valid for paid customers of Salon.com with a U.S. mailing address who were offered and selected a Rolling Stone subscription.  Requests for refund must be received within 30 days of your membership to Salon.com.  This offer is only available for new subscribers to Rolling Stone.

• Food & Wine magazine (currently available)

Terms and Conditions: Included with your purchase is one year of Food & Wine magazine (12 issues). Offer valid for new subscribers in the US only. Limit one subscription per household. When you select any Core annual membership you will be able to choose Food & Wine to be included with your purchase, at no additional charge. Salon.com will send your name and address to American Express Publishing to fulfill your subscription (stated value $12.95). Subscriptions are available while supplies last. Please allow 6-8 weeks for delivery of your first issue. Once your purchase is complete and you select the offer with either magazine, you will receive a Welcome Letter from Food & Wine in the mail. If you do not wish to receive the magazine and would like a refund of the stated value, please mark .refund. on the letter and mail it back to: TCS, P.O. Box 62700 Tampa, FL 33662-7008. Please allow 4-6 weeks for delivery of your refund.

• MAD Magazine (currently available)

If you have selected it, your paid membership includes a 6-month (3 issues) subscription to MAD Magazine. Your subscription will begin within 14 weeks and there are no hidden obligations and you will not receive any bills. The cost of your subscription is included in your order.  This offer is only valid for paid customers of Salon.com with a U.S. mailing address who were offered and selected a MAD Magazine subscription. This offer is only available for new subscribers to MAD Magazine.

10.  OTHER SITES AND SERVICES

The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as advertisements, software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, and other content originating from third parties (collectively, “Third Party Applications, Software or Content”).  Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or through any Third Party Site or Third Party Application, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  If you leave the Site and access any Third Party Sites, or if you use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

11.  POSTS AND Submissions

Salon is pleased to hear from you and welcomes your comments regarding Salon.  However, Salon does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested, or that are submitted though one of Salon’s interactive services (such as Comments, Open Salon, or The WELL).  This policy is designed to avoid the possibility of misunderstandings when projects developed by Salon’s or its affiliates’ professional staff might seem to others to be similar to their own creative work.  Accordingly, we ask that you do not send us any original creative materials such as articles, photographs, video, drawings, original artwork, or concepts for which you expect to be compensated or that you would like to keep private, unless you have contacted an editor in advance and have been asked in writing to submit such material.  Any materials that you submit to Salon without a prior written request from an editor of Salon may be used by Salon in any manner consistent with the license granted below, and without compensation.

You understand and agree that any material that you post or submit using the features or services of the Site, or that you submit directly without a prior written request from an editor at Salon, including letters to the editor, articles, photographs, video, drawings, creative suggestions, ideas, notes, concepts, or other materials (“Submissions”) will be non-confidential and non-proprietary.  No Submission will be subject to any obligation of confidence on the part of Salon, and Salon shall not be liable for any use or disclosure of any Submissions.  Any Submission may be used by Salon without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby waive and release any claim that Salon’s use of a Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.  Please understand that Submissions may not be acknowledged or returned.

By posting or otherwise providing a Submission, you grant Salon the right to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation.  Salon will generally attribute Submissions to their authors, but you understand and agree that it is not obligated to do so, and you release and waive any right to have Submissions attributed to you.  You also understand and agree that Salon has no obligation to publish or use any Submission in any way, and that Salon may remove or revised any Submission that has been posted, published, or distributed on or through the Site in its sole discretion.

By providing a Submission, you represent and warrant that your Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity or privacy.  You also represent and warrant that is not obscene, defamatory, graphically violent, physically threatening, or intended for any illegal purpose.

You acknowledge and agree that your relationship with Salon is not a confidential, fiduciary, or other special relationship.  You also acknowledge and agree that, with respect to any claim you may have arising out of or relating to Salon’s actual or alleged use of any Submission, you will not be entitled to in any way enjoin the use of the Submission or the operation of any Salon platform, product or service, and your rights and remedies will be strictly limited to the right to recover damages, if any, in an action at law.

12.  APPROPRIATE USE

In exchange for the right to access and use the Site as set forth in these TOS, you agree as follows:

• You will access and use the Site solely for your own personal, noncommercial use;
• You will not use the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden, or impair the Site, or in any manner inconsistent with these TOS;
• You will not defeat or interfere with any security feature of the Site, or attempt to do so;
• You will not alter or modify any content or component of the Site, other than content you have submitted to or posted on the Site;
• You will not reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial purpose, any content, component, or feature of the Site without the prior written permission of the Foundation, except for content you have submitted to or posted on the Site, or content which you have the prior written permission of the owner to use;
• You will not use the Site to post, transmit, or share material that you did not create or that you do not have permission to post, transmit, or share;
• You will not use any automated system, software, or device to generate and send unsolicited communications to or through the Site;
• You will not collect or harvest any personally identifiable information, including without limitation account names or email addresses, from the Site, nor use the communication systems provided by the Site for purposes of sending any commercial solicitation;
• You will not upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code designed to interfere with the functionality of or obtain any nonpublic information from any computer software or hardware or telecommunications equipment;
• You will not use the Site to post, transmit, or share child pornography, and you understand that any use of the Site to publish or transmit child pornography will be reported to law enforcement authorities, together with any identifying information Salon may have regarding you, and will result in termination of your account;
• You will not use the Site to post, transmit, or share material that is obscene, defamatory, or invasive of the privacy of another person, graphically violent, physically threatening, or intended for any illegal purpose;
• You will not use the Site to promote any product or service on behalf of any person or entity that sells, provides, or offers the product or service; and
• You will not harass or intimidate any other user of the Site.

13.  DISCLAIMER OF WARRANTIES

Salon makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site.  Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Salon.

The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons.  Salon assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications.  Salon is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.

You understand that Salon does not promise that any Submission will be maintained by Salon.  You are solely responsible for creating backup copies of and replacing any Submission.  You agree that Salon has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Submission.  Salon retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.

The Internet may be subject to breaches of security.  Salon is not responsible for any damage resulting from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.  You should also be aware that transmissions via wireless connections, networks, or the Internet may not be secure, and you should consider this before submitting any information to anyone using such systems.  Except as provided in our Privacy Policy, Salon makes no representation or warranty regarding the security of any communications to or from Salon or the Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SALON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• SALON MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USE AT YOUR OWN DISC RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SALON OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
• THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY SALON OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.  SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.

14.  LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, SALON AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM THE SITE, ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SITE, OR YOUR USE OF THE SITE, EVEN IF SALON IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, THE “RELEASED MATTERS”). TO THE EXTENT THAT, DESPITE THIS RELEASE, ANY LIABILITY MAY BE IMPOSED ON THE RELEASED PARTIES, THEIR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO A MAXIMUM OF  $1000.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You waive any and all rights you have or may have under California Civil Code Section 1542, and any similar provision of law, with respect to the Released Matters.  You acknowledge that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true.  Nevertheless, you intend to release fully, finally and forever all Released Matters.  You agree that the releases set forth in the TOS will remain in effect notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

15.  RESTRICTIONS ON EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16.  INTELLECTUAL PROPERTY INFORMATION

All materials on this site (“Online Materials”), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Salon or by other parties that have licensed their material to Salon.  Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners.  You may not add, delete, or otherwise modify the content on this Site, other than your own Submissions.  Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.

Salon Core, Salon.com, Salon Magazine, Salon Personals, Open Salon, The WELL and other Salon logos and product and service names are trademarks of Salon.  All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.  Salon is a news and information site and service and references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers.  Salon will enforce its intellectual property rights to the fullest extent of the law.

17.  NON-WAIVER

The failure of Salon to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18.  VIOLATIONS AND COMPLAINTS

Please report any violations of the TOS to our Customer Care group: corehelp@salon.com.  If you are a copyright owner or an agent thereof and you believe that any content on one of Salon’s sites infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the directions on our DMCA page.

19.  INDEMNIFICATION

BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO:  (i) YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; (ii) YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY LAW; (iii) YOUR USE OF THIS SITE IN VIOLATION OF THESE TERMS OF SERVICE; (iv) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; AND (v) ANY MISREPRESENTATION MADE BY YOU.  YOU WILL COOPERATE AS REASONABLY REQUIRED IN THE RELEASED PARTIES’ DEFENSE OF ANY CLAIM.  THE RELEASED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN ANY EVENT YOU MAY NOT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF SALON.

20.  Promotions

From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself.  Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used.  It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter.  By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

21. Non-United States Residents

Salon operates the Site in the United States.  Salon makes no representation that the Site is appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

22.  REFUSAL OR DISCONTINUANCE OF SERVICE

You understand and agree that Salon may, in its sole discretion and at any time, for any reason, terminate your password, account or use of the Site, or prohibit you from accessing the Site, in whole or in part.  You understand and agree that Salon may take any one or more of these actions without prior notice to you.  Should Salon take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account.  Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities.

23.  CHOICE OF LAW AND FORUM

This Agreement, including all revisions and amendments thereto, and any disputes arising from or relating to this Agreement or your use of the Site, are governed by the laws of the State of California, without regard to any conflict or choice of law principles that would require application of the laws of another jurisdiction.  The exclusive forum and venue for any action, including any small claims court action, arising from or relating to this Agreement or your use of the Site and not subject to arbitration as provided below, will be the state or federal courts located in San Francisco, California.

24.  Arbitration AND CLASS ACTION WAIVER

As used in this arbitration agreement and waiver, the terms “Salon” and “you” include RedTube’s and your respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns.  This arbitration agreement and waiver will be interpreted broadly, and will encompass all disputes between you and Salon, including, but not limited to claims that relate in any way to the relationship between you and Salon, your use of the Site, and any advertising or content of the Site, regardless of legal or equitable theory.

You and Salon agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. YOU AND SALON HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE WE HAVE THAT IS SUBJECT TO THIS ARBITRATION AGREEMENT.  Neither you nor Salon may bring a claim against the other as a class action.  Neither you nor Salon may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim between us.  This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies.  Such agencies can, if the law allows, seek relief from us on your behalf.  Moreover, you and Salon have the right to bring qualifying claims in small claims court.

Arbitration of any dispute or claim must be initiated within two years, or within the period of time provided by applicable statute of limitations, after the date on which the basis for the dispute or claim first arises, whichever is earlier.  The arbitration will be conducted by the JAMS dispute resolution service.  To initiate arbitration, you or Salon must submit a claim to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California, USA, 94111, tel. 415-982-5267, with notice to the other party by certified mail.  Notice to Salon should be sent to: Salon Media Group, Inc., 101 Spear Street, Suite 203, San Francisco, CA 94105.  For more information regarding JAMS, you may visit its website at http://www.jamsadr.com/.

These Terms evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. (“FAA”).  In addition, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”) in effect on the date of commencement of the arbitration, as modified by these TOS.  The arbitration will be conducted by a single arbitrator.  The arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise.  Unless you and Salon both agree otherwise, the arbitrator may not join your claim(s) or RedTube’s claim(s) with any other claim, and may not preside over any representative or class proceedings.

For any arbitration in which you claim less than $10,000, Salon will reimburse you for the cost of your filing fee with JAMS and will directly pay all of JAMS’ other costs and fees.  For claims between $10,000 and $75,000, you will pay any filing fee required by JAMS, and Salon will pay all of JAMS’ other costs and fees.  If you bring claims between $10,000 and $75,000 and the arbitrator determines that you cannot afford to pay the filing fee, Salon will pay the fee directly on your behalf.  If, however, the arbitrator determines that any claim brought by you is frivolous, then payment of JAMS’ costs and fees will be governed by the JAMS rules.  Furthermore, if the arbitrator determines that your claims are frivolous, you agree to reimburse Salon for any costs or fees that it paid that otherwise would have been your responsibility under the JAMS Rules.  If you bring a claim for greater than $75,000, payment of fees and other costs to JAMS will be governed by the JAMS rules.

In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and Salon of the reasons for his or her decision.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party’s individual claim.  Any award may be confirmed and enforced in any court of competent jurisdiction.  All post-award proceedings will be governed by the FAA.

25.  NO WAIVER

No modification or amendment to nor waiver of any part of this Agreement shall be of any force or effect unless formally posted by Salon as part of these TOS, or made in writing and signed by a duly authorized officer of Salon.

26.  SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

27.  ENTIRE AGREEMENT

This Agreement, the Privacy Policy, and any other terms and conditions of service for specific services or features of the Site constitute the entire agreement between you and Salon and govern your use of the Site.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.