User Agreement

Updated: August 10, 2024

I. Introduction, Arbitration Notice & Class Action Waiver

This User Agreement details your rights and obligations regarding access, visitation, and/or usage of the Service, which is offered by Bookmark Publishing Company, LLC. This Agreement does not extend to websites, applications, destinations, or other offerings not under our control, even if they are linked from our Service. All capitalized terms used herein without definition are clarified within the Glossary.

Accessibility to this User Agreement is ensured at all times via the footer of the Service’s homepage, through the menu button/hamburger icon, on the Service description screen, or as indicated based on the Service utilized. By purchasing a Product, registering for any aspect of the Service, or simply by accessing, visiting, or using the Service, you accept and agree to be bound by this Agreement. If you disagree with any part of this Agreement, you should refrain from accessing, visiting, or using the Service, and from requesting or receiving a Product. It is recommended that you print or save a digital copy of this Agreement for future reference.

Alongside this User Agreement, please review our Privacy Policy and any other terms and conditions that may be posted across the Service or communicated to our users, as these documents collectively form the Agreement between you and Bookmark Publishing Company, LLC.

This User Agreement is subject to updates or modifications periodically; hence, regular review is advised. To signal changes, the “Last Updated” date at the start of this document will be revised. Should there be a significant modification, we will also display a conspicuous notice within the Service. Your continued interaction with the Service, or continued acceptance of our Products, signifies your consent to any amendments to the User Agreement.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION VIII(G) BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. READ MORE IN SECTION VIII(G) BELOW.

If you fail to adhere to or act inconsistently with any portion of this Agreement, we reserve the right, among our other remedies, to terminate, discontinue, suspend, and/or restrict your account/profile, your Service access, and/or the Agreement itself, potentially without notice. Furthermore, we retain the right to limit or deny future Service access or Product provision. To prevent violations and enforce the Agreement, we may undertake technical, legal, and/or other actions deemed necessary, with or without prior notice. You acknowledge our entitlement to an injunction to halt or prevent breaches of your obligations under the Agreement, without the need for posting a bond.

In cases of conflict or inconsistency between this User Agreement and any other Service-related terms and/or conditions, we hold the sole discretion to determine which rules, restrictions, limitations, terms, and/or conditions shall govern and take precedence, and you expressly waive any right to challenge our determinations.

II. Oversight and Reporting Concerns Regarding Other Users

a) Oversight: Our goal is to create a positive online environment for our users, which means we may oversee activities on the Service to encourage adherence to the Agreement. By using the Service, you expressly consent to this oversight. However, we do not guarantee that: (1) the Service, or any part of it, will be monitored for accuracy or inappropriate use, (2) claims presented as facts will be verified, or (3) we will act in any specific way (if at all) in response to disputes or issues regarding adherence or non-adherence to the Agreement. We typically do not review Content before it is posted, uploaded, transmitted, sent, or otherwise made available on or through the Service by users, meaning you could encounter Content that is biased, offensive, and/or unsuitable, including Content that breaches the Agreement.

b) Steps to Take if You Have a Grievance Against Another User

  1. When accessing the Service’s public areas, be aware: a) Content Warning: You may encounter biased, offensive, or inappropriate content, some of which might violate the Agreement. Not all such content will necessitate action; personal vendettas cannot be pursued through the Service or complaint filings against other users. For legitimate grievances, proceed as follows: i) Harassment: Should you face harassment, such as impersonation or bullying, report it to local law enforcement or relevant state/federal agencies. ii) Copyright Issues: If your content is unlawfully copied or if the Service links to infringing content, notify us through our contact page form. iii) CyberCrime: For online crimes like identity theft or fraud, contact the Internet Crime Complaint Center at www.ic3.gov, a joint effort by the FBI, NW3C, and BJA.
  2. IMPORTANT: MAKING FALSE OR INACCURATE CLAIMS THAT OTHERS HAVE ENGAGED IN CRIMINAL ACTS, INAPPROPRIATE BEHAVIOR, OR VIOLATIONS OF OUR AGREEMENT COULD CONSTITUTE A BREACH OF CRIMINAL AND/OR CIVIL LAWS, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEY’S FEES).

III. Account Registration and Profile Management

Registration Requirements

  • Occasionally, to engage with specific offerings like contests and surveys, make purchases, or access, visit, and/or utilize certain parts or the entirety of the Service, you might be asked to register, create an account/profile, select a password and/or User ID, and provide payment details along with personal information such as your name, contact numbers, email, and address. Additional details like your age, gender, and preferences might also be requested. This information, which you may also be prompted to provide via phone, postal mail, social media, or messaging (e.g., email, SMS, MMS), will be collectively known as “Registration Information” under this Agreement. Our use and sharing of your Registration Information are outlined in our Privacy Policy.
  • You affirm, declare, and ensure that all Registration Information you provide is truthful, precise, complete, current, and solely yours. Impersonation or misrepresentation during registration or account/profile setup on the Service is prohibited. Should your Registration Information change, you must promptly update it through the Service’s provided means or contact information for updating Registration Information, if available. If not, notify us by emailing us at coteriejournal@representative.com. Failure to maintain accurate, complete, and updated Registration Information, including not receiving critical information, is your responsibility, and we are not liable for any consequences that arise from such failure. Verification of your Registration Information is not our responsibility.
  • We hold the right to, at any time and without notice, remove or mandate changes to any provided password and/or User ID, any avatar being used or other Registration Information, or alter the access methods to parts of the Service, the entire Service, or certain Products.
  • Keeping your Registration Information confidential is your sole responsibility. Unauthorized access or use of your Registration Information or Service access by anyone else is not permitted. Likewise, you cannot use someone else’s Registration Information or access their account/profile. Your Registration Information cannot be sublicensed, transferred, rented, or sold to any third party without our express written consent. Any such attempt will be void and considered a significant breach of the Agreement.
  • You are solely accountable for all activities on your account/profile, including actions by any person using your Registration Information, with or without authorization. You agree and authorize us to process all transactions initiated through your Registration Information.
  • If you suspect your account/profile’s security is compromised (e.g., loss, theft, or unauthorized disclosure/use of your Registration Information), you must promptly modify the affected Registration Information via the Service’s provided mechanisms or contact information, or close the account/profile. If no such options are available, immediately notify us by emailing us at coteriejournal@representative.com .

Fees and Payment

  • We and Third Party Providers may impose fees for Products, access to parts of the Service, or the entire Service. You agree to pay all such fees as billed during the period they are incurred. Fees are typically quoted and charged in U.S. dollars, unless stated otherwise on the Service. We and Third Party Providers reserve the right to modify the amount or basis for determining Fees, or to introduce new Fees.
  • By providing payment information upon registration, purchase, or at other times, you authorize us and our Third Party Providers to retain this information and to bill all incurred Fees to such payment methods.
  • Fees may be charged in advance or on various bases (daily, monthly, annually, lump sum, etc.). Certain Product fees may appear on your mobile carrier’s or another Third Party Provider’s bill. We may choose to bill Fees individually or aggregate charges for some or all of your purchases. All Fees are due immediately and are generally non-refundable. Billing discrepancies must be reported within 30 days; failing to do so waives your right to dispute such discrepancies.
  • If payment cannot be charged to your designated method or is returned for any reason, we reserve the right to demand immediate payment, impose late charges, undertake collection efforts (including legal fees and costs), charge the Fees to another payment method you have on file, and/or suspend or terminate your account and access to the Service.
  • Additionally, you are responsible for all costs associated with accessing the Service, including hardware, software, and service fees. Mobile access may incur additional charges from your carrier.

IV. Advisory Limitation Notice

  • Non-specific Guidance. While the Service enables you to explore a wide array of interests, and may present general information and offerings on topics such as health, legal matters, taxes, and finances, it is not a substitute for personalized advice in these areas. We urge you to consult directly with a certified professional for advice specific to your situation. The responsibility to assess the value and risks of the Service’s content or offerings prior to making any decision based on them rests entirely with you.
  • Exclusion of Professional Advice. THE INFORMATION AND OFFERINGS PROVIDED BY THIS SERVICE DO NOT PURPORT TO OFFER PROFESSIONAL MEDICAL, LEGAL, TAX, OR FINANCIAL GUIDANCE. THEY SHOULD NOT BE INTERPRETED AS PROVIDING RECOMMENDATIONS OR ADVICE ON ANY SPECIFIC FINANCIAL PRODUCT OR INVESTMENT STRATEGY, NOR SHOULD THEY BE CONSIDERED AS OFFERING DIAGNOSES, TREATMENTS, OR CURES FOR MEDICAL OR HEALTH CONDITIONS. ALWAYS CONSULT WITH A PROFESSIONAL IN THE RELEVANT FIELD. FOR INSTANCE, SEEK ADVICE FROM A MEDICAL EXPERT OR HEALTHCARE PROVIDER BEFORE ADOPTING A NEW HEALTH REGIMEN AND PRESENT ANY MEDICAL QUESTIONS YOU MIGHT HAVE TO THEM. WE, ALONG WITH ANY THIRD PARTY PROVIDERS, DISCLAIM ANY LIABILITY OR LOSS THAT MIGHT ARISE FROM YOUR USE OF THE SERVICE’S OFFERINGS OR CONTENT.

V. Usage Guidelines

a) Your Use of the Service

    1. This Service is not designed for individuals under 13 years of age. We explicitly prohibit users under this age from using the Service, participating in any contests or surveys, making purchases, or registering for any part of the Service. By engaging with the Service, you affirm that you are at least 13 years old. PARENTS: Consider utilizing parental control tools available from various sources that can help restrict access to content unsuitable for minors.
    2. You are responsible for ensuring that your devices, as well as any hardware, software, products, and/or services you employ to access, visit, or use the Service, do not disrupt or interfere with our operational capabilities, nor should they hinder other users’ access, visitation, and/or use of the Service. We reserve the right to disconnect any device or other equipment causing interference without notice.
    3. By providing or allowing us to obtain your device number or identifier, you confirm that the device is registered to and owned by you, or that you have obtained permission from the device’s owner(s).
    4. The Service is primarily for personal, non-commercial purposes. Unauthorized storage or access to the Service and its content for other than personal, non-commercial use is prohibited. You bear full responsibility for all use of the Service under your account, including unauthorized use by any person you allow or provide access to.
    5. We do not endorse and are not responsible for the content or products on or through linked sites, applications, or services. Your decision to link to or access any other site or service is at your own risk.
    6. You must adhere to all applicable local, state, federal, and international laws when using the Service and promptly inform us of any security breach or illegal activity related to the Service.
    7. You agree to comply with all U.S. and international export control laws and regulations and not to transfer any content or products to prohibited destinations, persons, or entities. You also agree not to post or transmit any content that requires government authorization for export.
    8. You affirm that you are not located in a country under U.S. embargo or designated as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties.
    9. All content, products, and the overall design of the Service, including its “look and feel” and all advertising, are protected by intellectual property laws and are owned by us or our Third Party Providers.
    10. Content or Products specified for download, installation, or streaming, as well as those accessible via RSS, are bound by the same terms and restrictions as all other content and products provided by us and our Third Party Providers. You are obligated to use such content or products strictly within the granted authorization and not exceed it.

b) Prohibited Actions on the Service

Without express written permission, engaging in certain actions is strictly prohibited. These actions include using another user’s registration information or accessing the Service through someone else’s account, employing the Service for commercial, promotional, or advertising purposes that are not explicitly permitted, impersonating others or making false claims of affiliation with any person or entity, and allowing others to use your registration information to access the Service.

Additionally, you are not allowed to post or transmit unauthorized commercial communications like spam, engage in harassment, bullying, or post hateful content towards individuals or groups. Promoting illegal activities, sharing content that incites violence, posting pornographic, obscene material, or content that infringes on intellectual property laws are also prohibited.

Attempts to disrupt the Service’s operations or access it through unauthorized means, as well as using the Service to spread malware or engage in any harmful computer-related activities, are forbidden.

CAUTION: ENGAGING IN PROHIBITED ACTIONS MAY LEAD TO LEGAL CONSEQUENCES, INCLUDING CRIMINAL PROSECUTION. WE RESERVE THE RIGHT TO SEEK DAMAGES, INCLUDING ATTORNEYS’ FEES, FROM ANYONE ATTEMPTING TO UNDERMINE THE SERVICE’S OPERATION TO THE FULLEST EXTENT PERMITTED BY LAW.

VI. Content Guidelines and Copyright Infringement Procedures

Content Endorsement Disclaimer: The opinions, comments, or statements made on the Service do not necessarily reflect our views or those of our partners, including licensors, vendors, or service providers. Any content shared by users, including advice and opinions, represents the perspectives of those individuals and not ours or our partners’. We, along with our licensors, vendors, and service providers, disclaim any responsibility or liability for user-shared content, especially content that may violate this Agreement.

Handling of Your Content:

  1. For details on how we handle personal information collected through your interaction with the Service, please consult our Privacy Policy.
  2. While you retain all rights to the content you share on the Service, by sharing content, you grant us a comprehensive, royalty-free, perpetual license to use, reproduce, modify, and distribute your content in any medium and for any purpose, including commercial purposes. This also means we may use your ideas or submissions in any way we choose without obligation to compensate you. Ensure you back up any content or personal information you wish to keep.
  3. Be cautious about sharing personal information or sensitive content in public areas of the Service, as it can be accessed by other users. We are not liable for the consequences of such disclosures.

Content Modification Rights: We reserve the right to edit, delete, or modify any content, features, or functionality on the Service at our discretion without notice. This may include content within your account or any communications with us. Changes to the Service, including automatic updates or upgrades, may not be uniform across all platforms or devices, and we are not liable for discrepancies due to unrefreshed services or uninstalled updates. Any additional costs for required new devices or services are your responsibility. Content removal from your account does not guarantee its complete deletion and may still be visible to us or others.

Copyright Infringement Claims:

  1. We respect others’ intellectual property rights and expect our users to do the same. We may terminate or restrict access to the Service for users who infringe on copyright, and we may remove content considered infringing.
  2. Actions against infringing content may be taken even on a single instance of infringement, with a policy to terminate repeat infringers’ access. Affected users are prohibited from attempting to create new accounts or access the Service.
  3. If you believe your copyright has been infringed upon on our Service, notify us by providing detailed information as outlined under the Digital Millennium Copyright Act (DMCA) to our designated copyright agent. This includes your contact information, a description of the copyrighted work and the alleged infringing activity, and a statement of authorization under penalty of perjury.
  4. IMPORTANT: FILING A FALSE INFRINGEMENT NOTICE CAN LEAD TO LIABILITY FOR DAMAGES UNDER THE DMCA. IF UNSURE ABOUT A COPYRIGHT CLAIM, CONSULTING AN ATTORNEY IS ADVISED. VERIFY THAT THE CONTENT IN QUESTION IS HOSTED ON OUR SERVICE BEFORE FILING A NOTICE.
  5. For copyright complaints, please use the following email: coteriejournal@representative.com. This email is dedicated solely to addressing copyright infringement concerns. Please ensure that communications sent to this address are strictly related to copyright issues.
  6. For all other inquiries or matters not related to copyright, please utilize the “contact us” form available on our Service. This form is designed to handle a variety of queries and ensure your message is directed to the appropriate department.

Note: The information provided here is intended for informational purposes only and does not serve as legal advice.

VII. Product Availability and Policies

  • Compensation Disclosure: We may earn a commission, fee, or receive other forms of compensation for some purchases made through, or as a result of, links from the Service.
  • Product Information and Orders: The images of Products on the Service might not fully represent the actual appearance, color, specifications, or functionality of the Products. The Service does not make a binding offer to sell, rent, auction, distribute, or give away any Products. We retain the discretion to accept or decline any orders or bids at any time after they are received, regardless of order confirmation or if you have been charged. Prices are listed in U.S. dollars and are intended for the United States market unless specified otherwise. We reserve the right to correct pricing errors and to cancel orders made at incorrect prices, even after confirmation or charging. In such cases, a credit will be issued. We also reserve the right to limit quantities of Products ordered by you, your family, or any group.
  • Liability Limitations: Transactions for Products not explicitly sold by us are between the user and the third-party provider, without our involvement. We do not assume responsibility for the quality, safety, legality, or any other aspect of these Products, including their compliance with their advertised properties or the ability of sellers to deliver. We shall not be held liable for any transactions, including those involving illegal or offensive items, even if they breach this Agreement.
  • Warranty and Refunds: Should a Product fail to meet its advertised warranty, you may contact the third-party provider for a possible refund, subject to applicable law limits. Neither we nor our third-party providers have further warranty obligations regarding the Product.
  • Usage Guidelines: Products are meant for your personal, non-commercial use unless we expressly permit otherwise. You may not rent, sell, or otherwise transfer Products to a third party. You are responsible for all use of the Product by you and those you allow to use it. All Product use must comply with applicable laws and regulations, and you must not misuse the Product as per our discretion.

VIII. Legal

a) Indemnification: You agree to defend, indemnify, and hold us harmless from any claims arising from your use of the Service, your content, unauthorized use of content or products through the Service, breach of the Agreement, or your actions or omissions related to the Service.

b) Disclaimer of Warranty and Limitation of Liability:

  • You acknowledge using the Service, content, and any products at your own risk, provided “as is” and “as available,” with all faults, disclaiming all warranties.
  • We are not liable for any incomplete, incorrect, or lost data due to technical failures or human error.
  • We will not be liable for any direct, indirect, special, consequential, or punitive damages arising from the use of the Service, beyond the total amount of fees you paid within a month prior to the claim.

c) Termination or Suspension:

  • We reserve the right to terminate or suspend the Service or your account for any reason, with or without notice.
  • Upon termination, we retain the right to reassign your account credentials.
  • Provisions of the Agreement survive termination.

d) Communications to You:

  • All communications will be electronic, and such electronic communications satisfy legal requirements as if in writing.
  • Joining the Service means you cannot opt out of receiving certain communications.

e) Third Party Providers:

  • You are responsible for adhering to any third party terms, with third party providers having rights to enforce the Agreement against you.
  • Third party providers are not responsible for the Service functionality or content, nor do they owe any maintenance or support services.

f) Compliance with Applicable Law: You are responsible for complying with all applicable laws regarding your use of the Service.

g) Arbitration, Waiver of Class Action Suits, and Dispute Resolution: All disputes related to your relationship with us are to be resolved through arbitration, with a waiver of class action suits, covering all claims related to the Agreement.

  1. You commit to addressing any claims you may have against us by first reaching out directly and engaging in a genuine effort to resolve the issue amicably. This step should precede any formal dispute resolution methods, including arbitration or legal action. You can get in touch with us using the contact options provided on the Service, such as the “Contact Us” section.
  2. IN THE EVENT THAT ANY CLAIM CANNOT BE RESOLVED INFORMALLY, THE FOLLOWING ARBITRATION PROCEDURES APPLY, EXCLUDING THE CLAIMS LISTED IN PARAGRAPH 4 FROM ARBITRATION: a) Arbitration of all claims will be conducted on an individual basis, aligning with the arbitration provisions of this Agreement, instead of court litigation, ensuring a neutral arbitrator conducts a fair hearing rather than a judge or jury; b) The American Arbitration Association (“AAA”) will administer the arbitration according to its Consumer Arbitration Rules, with additional information about the AAA and the arbitration process available at www.adr.org; c) AAA rules will govern the payment of all filing, administration, and arbitrator fees, with the exception that we will reimburse filing fees to the AAA for claims under $10,000; d) The arbitrator has the authority to decide all issues, except for matters concerning the scope, application, and enforceability of the arbitration provision, which are determined by the court; e) The Federal Arbitration Act oversees the interpretation and enforcement of the arbitration provision, with the laws of the United States, State of New York, applied to any arbitration, disregarding conflict of law principles; f) Unless otherwise agreed, any in-person arbitration hearings will occur in either your principal county of residence or New York, New York; g) The arbitrator’s decision is final and can be entered as a judgment in any competent court; h) As previously mentioned in Section VIII(C)(3), this Agreement to Arbitrate remains in effect even after any termination of the Agreement or your relationship with us.
  3. FOR THE “RESTRICTIONS ON CLAIMS,” THE GUIDELINES ARE AS FOLLOWS: A) ARBITRATION TIMING: YOU MUST INITIATE ARBITRATION FOR ANY CLAIM WITHIN ONE YEAR FROM THE OCCURRENCE OF THE EVENT OR FACTS THAT LED TO THE CLAIM. FAILURE TO DO SO RESULTS IN THE CLAIM BEING BARRED AND WAIVES THE RIGHT TO PURSUE THE CLAIM; B) CLASS ACTION WAIVER: BY AGREEING TO THIS AGREEMENT, YOU RELINQUISH THE RIGHT TO PARTICIPATE IN OR INITIATE A CLASS ACTION LAWSUIT OR ARBITRATION. CLAIMS MUST BE FILED ON AN INDIVIDUAL BASIS, AND THE LAW DOES NOT PERMIT CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS ON BEHALF OF OTHER SIMILAR PARTIES, NOR IN ANY REPRESENTATIVE CAPACITY FOR THE PUBLIC; C) DAMAGES WAIVER: IN ACCORDANCE WITH SECTION VIII(B)(3), ALL PARTIES RENOUNCE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES STEMMING FROM OR ASSOCIATED WITH ANY CLAIM AGAINST US.
  4. BOTH PARTIES, YOU AND WE, CONCUR THAT THE FOLLOWING CLAIMS ARE EXEMPT FROM ARBITRATION (“EXCLUDED CLAIMS”): A) ANY CLAIM EITHER PARTY FILES IN SMALL CLAIMS COURT, PROVIDED THE DISPUTE AMOUNT FALLS WITHIN THAT COURT’S JURISDICTION; B) ANY CLAIM RELATED TO THE INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY.
  5. Additionally, you acknowledge that for Excluded Claims and any other Claims where arbitration is not granted: a) the restrictions set forth in Section VIII(G)(3)(ii)-(iii); b) irrespective of your location of access, visitation, or usage of the Service, such claims are to be interpreted and enforced according to the laws of the United States, specifically the State of New Jersey, without considering conflict of laws principles; c) disputes will be exclusively settled in state or federal courts located in New Jersey, to which you expressly consent jurisdiction and waive any objections based on forum non-conveniens; d) in the event of a legal conflict, New Jersey law will take precedence over any other.
  6. If any provision of this Agreement, or portion thereof, is found invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision or portion thereof will be enforced to the maximum extent permissible, reflecting the parties’ intent, and the remainder of the Agreement will remain fully valid and enforceable.
  7. If You Do Not Wish to Be Bound by the Arbitration Provision and Class Action Waiver, You Must Notify Us in Writing Within 30 Days From the Date You First Purchase, Subscribe To, or Register for the Applicable Product, or Otherwise Access, Visit, And/or Use the Service. Your Written Notification Must Include: (1) Your Full Name and Address; (2) the Name of the Service or Product Accessed, Visited, And/or Used; And (3) a Clear Statement That You Do Not Wish to Resolve Claims Through Arbitration and You Waive Your Right to Bring a Class Action in Court. Opting out Will Not Affect Your Use of the Service or Product. If You Have Previously Opted Out, You Do Not Need to Do So Again.
  8. General Provisions include: a) Update to Terms: We may periodically update the rules for certain parts of the Service or the entire Service. Such updates will be posted in the relevant sections and become part of this Agreement, with your continued use indicating acceptance; b) Comprehensive Agreement: The terms provided in this User Agreement, the Privacy Policy, and any additional rules constitute the entire agreement between us. This supersedes all prior agreements regarding the Service, and new features or services will be subject to these terms; c) Rights and Waivers: Our failure to enforce any part of this Agreement does not constitute a waiver of our rights. Waivers are only valid when written, and do not imply a waiver of future breaches; d) Transferability: We can transfer or assign this Agreement and our rights or obligations at any time without notice. You cannot transfer or assign your rights or obligations under this Agreement, and any attempt to do so is void.

IX. Glossary

As used in this Agreement, the following terms have the following meanings:

  • Agreement: Encompasses all rules, restrictions, limitations, terms, and/or conditions associated with the use of the Service. This includes, but is not limited to, those outlined in this User Agreement, the Privacy Policy, displayed throughout the Service, or otherwise communicated to Service users.
  • Claim: Represents any form of claims, disputes, demands, proceedings, actions, judgments, damages, liabilities, losses, costs, or expenses. This includes reasonable attorneys’ fees, whether they are already known or may arise in the future, and irrespective of the legal basis, whether contractual, statutory, tortious, or otherwise.
  • Content: Refers to all forms of text, images, graphics, videos, music, trademarks, software, and other material available through the Service. This includes content provided by us, our licensors, vendors, service providers, users, or third parties. It encompasses everything from articles and photographs to software codes and statistical data.
  • Device: Any hardware capable of accessing the Service, including computers, tablets, mobile phones, and televisions.
  • Fees: All charges, including taxes and surcharges, related to any product or access to the Service, or incurred through activity on the Service or via your account.
  • Personal Information: Information that can identify or be associated with a specific individual, device, or household. This does not include anonymous, de-identified, or aggregate data.
  • Product: Any goods or services available through the Service, whether provided by us or third parties. This includes, but is not limited to, content, contests, publications, and any merchandise that may be featured or available.
  • Search Engine: A publicly accessible database that returns text excerpts, thumbnail images, and links in response to individual search queries.
  • Service: Refers to any website, application, event, or publication linked to or referencing this document. It includes all content, features, and functionalities, such as widgets and embedded players.
  • Third Party Providers: External entities that contribute to providing the Service and Products, enabling access and use via your Device. This includes equipment and software manufacturers, network providers, and other vendors or service providers.
  • We/Us/Our/Coterie Journal: Coterie Journal, its global affiliates, and entities operating under the Bookmark Publishing Company, LLC brand, including their respective personnel and representatives.
  • You/Your: Users of the Service, whether as individuals or on behalf of an entity. This also extends to any entity that accesses or utilizes the Service content through automated or manual means.

If you do not agree with these terms, we kindly request that you refrain from using this website.