Last Updated: July 2016

Please read these terms of use carefully as this is a contract between you and this service (Variance Magazine). By using this service (as defined below), you accept all terms, conditions and responsibilities of this agreement in exchange for our agreement to provide you with the information, news, videos, music, content and other benefits of visiting the website and utilizing this service.

Introduction:

This User Agreement and Privacy Policy governs the service, mobile site and/or other service, regardless of how distributed, transmitted, published, or broadcast. It is binding on all those who access, visit and/or use the service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”).

Unless otherwise stated, these Terms of Use apply to users of this service. This site is operated by Variance Magazine. ("Variance," "we," "us" or "our"). In this agreement, the term service includes all web pages, mobile pages and subdomains within the website as well as any equivalent, mirror, replacement, substitute, redirected or backup websites and web pages thereto and thereof. Your use of this service is subject to these Terms of Use, and any other terms, conditions or restrictions set forth within any of the materials provided on the service. You agree to the Terms of Use by accessing this service and/or by accepting any information from this website.

If you do not agree with any of these Terms of Use, do not use this service. Variance reserves the right, in its sole discretion, to modify, alter or otherwise change the Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this service after any changes to these Terms of Use are published, you are indicating your acceptance of those changes. Variance assumes (and by using this service you warrant that) you have legal capacity to enter into the agreement set out in theses Terms of Use.

Rules of Usage:

This agreement does not cover your rights or responsibilities with respect to third party content, sites or any links that may direct your browser or your connection to third party sites or pages. You shall be responsible and shall indemnify Variance for any claims related to such activities. This is the entire and exclusive agreement between you and Variance regarding use of the service and it cannot be modified, except as specifically described herein.

Notwithstanding the foregoing, any downloadable widget, computer software, player, or other downloadable files linked from the service may or may not be under our control and you assume the full responsibility and legal responsibility with respect to any downloaded media, content, files, music, artwork, information, text, or photographs (collectively, "materials") located or found on the website. All materials contained and existing on the service are protected by United States and international copyright law, and other federal and international laws.

This service is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the service or submitting their personally identifiable information to us, and from using portions of the service for which registration is required, such as our social, community and comment sections, photo and video galleries, contests/sweepstakes and elsewhere.

The service and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the service, you should confirm any facts that are important to your decision.

You may print material from the service for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies. (Please refer to the Copyright and Trademark Notice below). You may not modify or use the Materials for any other purpose without our express written consent. You may not reproduce, republish, post, transmit, publicly display, publicly perform, or distribute in print or electronically any Material published or provided on this service.

This service and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the service. Variance is not responsible for, and cannot guarantee the performance of, the goods and services provided by our advertisers or others to whose websites we link, or the promotions or events promoted by the advertisers or sponsor who promote such events.

Ownership of Intellectual Property:

All text, images, videos and media are the property of Variance, its affiliates, labels, advertisers or licensors, unless otherwise stated. You may not duplicate, modify, reproduce, republish, transmit or distribute the material on this site without the express permission of Variance. 

For any reuse or distribution, you must attribute the work to Variance, not alter or transform it in any way, or use it for commercial purposes. You must also link back to original source.

Hyperlinks:

Variance has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Variance or its affiliates.

User Conduct:

Variance both allows and encourages user comments in its provided comment sections on the condition that the user does not upload or post anything unlawful, harmful, threatening, harassing, explicit, hateful or invasive of one’s privacy; impersonate any person, entity or company; interfere or disrupt the service in any manner.

We are not responsible for material submitted or posted on the site by users. Variance does not review or edit submitted material in any manner, but does have the right to remove it if later viewed in violation of policies. Comments by users do not reflect the views of or imply endorsement by Variance. 

At anytime, Variance has the right to ban or terminate any user in violation of these policies.

Contests & Giveaways:

Variance periodically runs contests and giveaways. To participate in these contests and giveaway, users are asked to enter either via submission form, e-mail or other online method. Each entered user is bound by any contest or giveaway rules as well as the Terms of Use of this service. Upon submission, all registrations and information become exclusive property of Variance, as defined by Privacy Policy.

Variance reserves the right to cancel or alter any contest or giveaway and their respective rules at any time without prior notification.

Disclaimer Of Warranties:

THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, VARIANCE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. VARIANCE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation Of Liability:

IN NO EVENT WILL VARIANCE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF VARIANCE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, VARIANCE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification:

You agree to indemnify, defend and hold harmless Variance, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the service.

Copyright:

The entire contents of the website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Variance Magazine, its affiliates or other third party licensors. You agree to grant to Variance a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as community posts, blogs, forums and other similar channels) or by e-mail to Variance by all means and in any media now known or hereafter developed.

You also grant to Variance the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Variance for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Variance. By submitting material to the website, you are representing that you are the owner of the material or are making your submission with the express consent of the owner.

No Solicitation:

You agree not to use the Website to advertise or to solicit anyone to buy or sell products or services or to make donations of any kind without the express written approval of Variance.

No Spamming:

This service may include chat rooms, forums and/or other public-posting areas. You may not use these sections for the purposes of spamming, aka unwarranted or unsolicited messages or e-mails.

Membership and registration:

Certain areas of this website may require (now or in the future) for you to register or ask you to provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature or content. If you elect to provide that information, you agree to provide information that is true and accurate.

You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. Variance reserves the right to reject any user name that is, in Variance's sole and absolute judgment, offensive. You agree to notify Variance of any unauthorized use of your user name and/or password. You must be at least 13 years old to register on the website.

Submissions:

If you choose to submit material to Variance, such content will not treat any submission as confidential. Variance will not be liable for any use or disclosure of that submission to any third party and/or for loss of any material submitted and may use it for any purpose. By submitting material to this Website you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats or other elements that Variance has independently developed or that has or may come to Variance from other sources. You represent and warrant that the submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Variance shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of Variance's use of similar or identical material.

Governing Law:

Any claim relating to Variance shall be governed by the laws of the State of Oklahoma.

Please note that your use of this service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Variance or relating in any way to your use of the Website resides in the courts of the State of Oklahoma.

Privacy Policy:

Our servers may automatically collect information about you, your online behavior and your computer, mobile or other device. The information collected may include, without limitation, the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of you and/or your computer, mobile or other device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data.

This service will at times place and/or store code or other types of information and/or devices (e.g., "cookies") on your computer, mobile or other device. This allows us to gauge the effectiveness of marketing campaigns, to control the display of ads, to track usage patterns, the movements of individual users, and your geographic location, to help diagnose problems with our servers, to gather broad demographic information, to analyze trends, to conduct research, to deliver editorial content, to record registration and personalization information, and to otherwise administer the service. 

A cookie is a small piece of text sent to your browser by a website you visit. It helps that website "remember" information about your visit, such as your preferred language and other settings. That can improve the usability of the site for future visits. 

We reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any lawful business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients and customers.

Contacting Us:

If there are any questions regarding these terms and conditions you may contact us by emailing us: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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