Last updated on December 14, 2020
1. GENERAL RULES AND DEFINITIONS
1.1 By choosing to use themidgardian.com together with any variation thereof, either print or digital, any Site features, including but not limited to all associated software, downloads, streaming services (collectively referred to as the “Services”), you agree to abide by all of the terms and conditions of these Terms of Service between you and The Midgardian and its publishers (“MIDGARDIAN,” “us” or “we”).
1.2 We reserve the right to change, modify, add and/or remove portions of these Terms of Service at any time, which become effective immediately upon publication. It is the responsibility of the user to review these Terms of Service prior to each use of the Site, and through continued use of the Site you consent and agree to any changes.
1.3 If you feel these rules or changes to these rules are unacceptable, you may discontinue your use of the Site. Note: continued use of the Site and MIDGARDIAN services now or in the future will indicate acceptance by you, the user, of such terms, changes and/or modifications.
1.4 MIDGARDIAN may change, suspend, or discontinue any part of this Site or affiliated Services at any time, including availability, features, databases, and/or content. Additionally, we may impose restrictions or limitations on features and services to restrict access to parts or all Services without notice or liability.
2. CONTENT ON THE SERVICES
2.1 All contents of the Services, including the Site, are provided for your personal, noncommercial use. All contents and materials provided through the Service (including, but not limited to articles, essays, commentary, editorials, letters, and all text, design, photographs, images, illustrations, audio and video files, also referred to as the “Content”) are the property of The Midgardian and/or their respective copyright holder, used, licensed or otherwise controlled in accordance with the law by The Midgardian. Use of this Site serves as notice to You and agreement by You to abide by copyright law and abide by all copyright notices or restrictions provided with Content accessed through the Service.
2.2 Content and materials provided by Us through the Services, Site are protected by copyright pursuant to the United States of America and international copyright laws. As such, you may not modify, publish, transmit, and/or transfer thorough sale or reproduction (except as provided herein these Terms of Service and in accordance with applicable law), create new works from, distribute, perform, display or in any way, through any means or media, exploit any Content provided by the Services in whole or in part.
2.4 The Content of the Services and Site is owned by or licensed to MIDGARDIAN, or is otherwise used in accordance with the law. MIDGARDIAN shall not be held liable for any delays, inaccuracies, errors or omissions in Content, or in the transmission of any part thereof, or from any damages arising therefrom.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
3.1 When using this Service and Site, You shall not upload to, publish, distribute or otherwise disseminate any libelous, defamatory, obscene, abusive or otherwise illegal material.
All user generated Content and submissions, including comments, reviews and other information shall be offered and provided to Us by the User and, in our sole discretion may be used and/or construed as the property of the MIDGARDIAN and, as such, shall be subject to these Terms.
You also agree that you will remain courteous, and not threaten, defame or otherwise abuse other Users, or deliberately disrupt discussions and conversations with “spam,” repetitive messaging, or messages deemed by us and in our sole discretion as meaningless or without value.
Debate is welcome. However, any use of defamatory or otherwise hateful language and/or language that can be reasonably construed as designed to provoke fear in another User or as a threat against others shall be grounds for immediate and permanent suspension of access to the Service.
3.2 The MIDGARDIAN site and its Services shall be used for the edification of the User and in a noncommercial manner only. You shall not, without express, written approval by the MIDGARDIAN, utilize any MIDGARDIAN Services or Content in such a way as to solicit funds, promote a commercial endeavor, enterprise, service or product.
3.3 In accordance with the aforementioned Terms, You acknowledge that any submission or Content You make to the Service or Site including but not limited to comments, forum discussion messages, reviews, any text, image, audio and/or video recording, as well as computer code (herein also referred to as “Submission”) may be edited, removed, modified, published, transmitted, and displayed or otherwise exploited by the MIDGARDIAN, and You waive any rights you may have in having the materials altered or otherwise changed in a manner not agreeable to you.
3.4 Additionally, You grant MIDGARDIAN perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to any User generated content and your Submissions, which includes without limitation the right for MIDGARDIAN or any third party designated by MIDGARDIAN, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by MIDGARDIAN, including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. The MIDGARDIAN cannot possibly review every Submission and, therefore, is not responsible for the content of any Submission and/or message. MIDGARDIAN reserved the right to delete, alter, store, move, or otherwise transform any Submission for any reason and in its sole discretion.
3.6 By providing a Submission, You are consenting to its publication and or display on the Site and in any online or offline medium in accord with these Terms.
4. USE OF THE SERVICES
4.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm Us, any third party, or contributor. You may not access any part of the Site or Services to which you are not expressly authorized and any attempt to circumvent conditions or restrictions established and impose on your use or access, or to disable, damage, or otherwise alter the appearance or Content of the Service. User’s exposure to advertising authorized by the MIDGARDIAN is a condition of your use of Services.
4.2 The Services contain links to other related internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.
The Site and Services may contain links or reference to other related or relevant websites or online resources and entities not controlled by the MIDGARDIAN. We are, therefore, not responsible for the availability of these outside sources or the content they provide.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless MIDGARDIAN and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. MIDGARDIAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You represent, warrant, and covenant (a) that not material of any kind submitted to Us or through our Services will (i) violate, or infringe upon the rights of any party, including third parties; or (ii) contain libelous or others unlawful material; and (b) that you are of the age of consent in your legal jurisdiction or are accessing these Services with the consent of your parent or legal guardian. You indemnify, defend, and hold MIDGARDIAN harmless and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees, contributors (referred to collectively as “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by Indemnified Parties in connection with any claim arising from any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You agree to cooperative full as is reasonably required in the defense of any such claim. MIDGARDIAN reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you
5.2 MIDGARDIAN does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, posted, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. All Content and information provided through the Services are on an “As Is” basis without any warranties, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for any purpose. You acknowledge that use of these Services and those of any Third Party outside of the control of the MIDGARDIAN is at your own risk.
6. REGISTRATION AND SECURITY
6.1 You are responsible for all usage or activity of any MIDGARDIAN Services, including use by any third party authorized by you. Any activity deemed, in our sole discretion, to be fraudulent, abusive, or otherwise unlawful may be grounds for the termination of your access to MIDGARDIAN Services and may be referred to appropriate law enforcement agencies.
7. FEES AND PAYMENTS
7.1.We reserve the right to charge fees for access to any or all portions of the Services at any time. You shall be responsible for any fees and charges billed to you and you agree to pay associated charges and all applicable taxes relating to the use of the Services incurred by your account.
8.1 MIDGARDIAN may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
9.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Vermont law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in the City of Burlington.
9.3 Digital correspondence should be sent to firstname.lastname@example.org.
9.4 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
c/o Content Licensing and Copyright
70 S. Winooski Ave.
Burlington, Vermont 05401