Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The www.wearageist.com Web site (the “Web Site” or “www.ageist.com”) is provided by AGEIST LLC, and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by AGEIST. By using this site, you are deemed to have agreed to these terms and conditions of use. AGEIST may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on www.ageist.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.

User Conduct

This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a ” Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, AGEIST reserves the right to terminate your subscription and refuse any and all current or future use of the Services.

Without limitation of the foregoing, you agree to not use the Web Site or Services to:

* Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, ” Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;

* “Stalk” another;

* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

* Harm minors in any way;

* Impersonate any person or entity, including, but not limited to, an AGEIST official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;

* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

* Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

* Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;

* Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;

* Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;

* Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

* Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that AGEIST is not responsible for material submitted to AGEIST or posted to the Web Site by users. AGEIST does not pre-screen, monitor, review or edit the Content posted by users. However, AGEIST and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in AGEIST’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. AGEIST is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to AGEIST. You agree to immediately notify AGEIST of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that AGEIST may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AGEIST, its users or the public.

You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. AGEIST assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to www.ageist.com.

Any or all Content on the Web Site may be purged periodically in AGEIST’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by AGEIST or submitted to AGEIST, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of AGEIST, and AGEIST does not support or endorse Content (including any Contribution, whether or not edited by AGEIST or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Restrictions On Use of Material

The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Web Site.

Unsolicited Materials

In operating this site, AGEIST does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or AGEIST mail and email addresses, or in any other way. Any information or material submitted or sent to AGEIST, will be deemed not to be confidential or secret. By submitting or sending information or other material to AGEIST you represent and warrant that the information is original to you and that no other party has any rights to the material.

User’s Grant Of Limited License

By communicating with AGEIST, including submitting or sending Content, a Contribution or other information or material to www.ageist.com, you grant AGEIST the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into an AGEIST feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to AGEIST.

You also warrant that any “moral rights” in posted materials have been waived.

Linked Sites

You may be able to link to third parties’ Web Sites (“Linked Sites”) from the AGEIST Web Site. Linked Sites are not, however, reviewed, controlled, or examined by AGEIST in any way and AGEIST is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply AGEIST’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall AGEIST be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. AGEIST reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.

Permission must be granted by us for any type of link to www.ageist.com. To seek our permission, you may write to partners@agei.st. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.

Intellectual Property Rights

All materials contained in this Web Site are the copyrighted property of AGEIST and its affiliates or licensors. As between AGEIST and you, AGEIST is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

By submitting your story and photo to www.ageist.com, you are representing that you are the author and copyright owner of the submission and/or have all rights necessary to provide this submission (including images) toWE www.ageist.com and you have granted www.ageist.com, a non-exclusive, irrevocable, worldwide, perpetual, fully-paid up, royalty-free transferable right and license, with right to sub-license, publish, republish, resell, distribute, copy and edit the submission an unlimited number of times in all forms and all media whether now known or to become known in the future.

Warranty Disclaimer

The content, services, and products on this website are provided ‘as is’ and ‘as available’ without warranties of any kind, either express or implied. AGEIST expressly disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AGEIST does not warrant that the website, its servers, or e-mail sent from AGEIST are free of viruses or other harmful components. AGEIST will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Limitation of Liability

To the fullest extent permitted by applicable law, AGEIST, its affiliates, officers, directors, employees, agents, suppliers, or licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnification

As a contributor to AGEIST, you agree to defend, indemnify, and hold harmless AGEIST, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Site.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York.

Limitation of Liability

To the maximum extent permitted by law, AGEIST shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not AGEIST has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Dispute Resolution and Arbitration

In the event of any dispute, claim, question, or disagreement arising from or related to these Terms and Conditions or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures. The arbitration shall be conducted in [Selected City/State] and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Updated 1/20/2024