Date of last revision: January 5, 2022
The terms of this Agreement are subject to change at any time as set out in Section X (I). It is your responsibility to check periodically for any changes. Continued use of the Services shall constitute acceptance of any changes.
A. The Services include an online magazine and newsletter, supplemented with user-generated content and photographs, focusing on men’s health and high-end lifestyle. The website provides content about travel, cuisine, health, style, wealth, and more.
B. All content on the Services, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to DeepBlueVentures. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. All Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
C. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of DeepBlueVentures.
D. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of DeepBlueVentures, and agree to abide by any and all copyright and other legal notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
A. Your Representations and Eligibility to Use Services. By using the Services, you represent and warrant you:
B. Truthfulness of Information. You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.
C. Limited Use of Services. The Services are only for the uses specified in this Agreement. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. We reserve the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services.
D. Prohibited Activities. You shall not engage in the following activities:
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
E. Email Subscription. We maintain a listserve to send a newsletter to those who wish to receive updates on the latest trends and content. You may opt-in to receive such emails through our website and opt-out at any time.
F. Account Creation. In order to access some features of the Services, you will have to create an account. You may never use another’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Services, you are required to update that information immediately.
G. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DeepBlueVentures immediately of any breach of security or unauthorized use of your account. Although DeepBlueVentures will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DeepBlueVentures or others due to such unauthorized use.
A. The Services may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including photographs approved to be reproduced on the Services through social media, by you, other users, and other third parties such as our partners or affiliates (“Third-Party Content”).
B. Third-Party Content also includes, but is not limited to, reviews, photograph submissions, profile submissions, and any other interactive area of the Services.
C. By posting, submitting, uploading, or consenting to the republishing of any Third-Party Content (including through hashtag acknowledgments on social media) (collectively, “Submitting”), you automatically grant, and you represent and warrant that you have the right to grant, to DeepBlueVentures an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third-Party Content and to prepare derivative works of, or incorporate into other works, said Third-Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by Submitting Third-Party Content to the Services, you automatically grant DeepBlueVentures all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third-Party Content by any party for any purpose. You acknowledge that by Submitting any Third-Party Content, you are granting DeepBlueVentures the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to DeepBlueVentures, any and all such material or content.
D. You acknowledge that the interactive features on the Services are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to the Services. DeepBlueVentures cannot guarantee the security of any information you disclose through the Services. You make such disclosures at your own risk. DeepBlueVentures has no obligation to retain or provide you copies of Third-Party Content.
E. When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to the Services on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third-Party Content on behalf of others, to cause Third-Party Content to be so posted, or otherwise access the Services to facilitate posting Third-Party Content on behalf of others, except with express written permission from DeepBlueVentures.
F. You must not describe or assign keywords to your Third-Party Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and DeepBlueVentures may change or remove any description or keyword that it considers inappropriate or unlawful in DeepBlueVentures’ sole discretion.
G. You are and shall remain solely responsible for any and all Third-Party Content you post, submit, create, or consent to the reposting of, on the Services. You acknowledge that any information you disclose through the Services becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on the Services. Any such disclosures are at your own risk.
H. You understand that when using the Services, you will be exposed to Third-Party Content from a variety of sources, and that DeepBlueVentures is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DeepBlueVentures with respect thereto, and agree to indemnify and hold DeepBlueVentures, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
I. Third-Party Content may contain the views and opinions of individual content authors. DeepBlueVentures does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein, and DeepBlueVentures expressly disclaims any and all liability in connection with Third-Party Content.
J. DeepBlueVentures does not prescreen Third-Party Content submitted and DeepBlueVentures has no duty to monitor any interactive area of its website. Although we may monitor or review Third-Party Content from time to time, we do not actively monitor the Third-Party Content of the interactive areas, including photographs posted to articles, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third-Party Content, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. DeepBlueVentures may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any of the Services forum.
A. We are happy to hear from users and welcome feedback regarding the Services. However, neither the Services nor DeepBlueVentures are responsible for the similarity of any of its content in any media to materials or ideas you provide to the Services.
B. If you transmit unsolicited submissions to us through the Services or otherwise, you grant DeepBlueVentures a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right, and fully sub-licensable, assignable, and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as DeepBlueVentures sees fit.
C. By using the Services and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission and that by sending an unsolicited submission you waive the right to make any claim against the Services, DeepBlueVentures, and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
A. You agree to defend, indemnify and hold harmless DeepBlueVentures, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
A. No Guarantees, Endorsements, or Investigation
We fund our Services primarily through sponsored content, referral revenue, banner ads, and other advertisements on our website. We do not investigate third parties or their content, including those companies, information, items, and services identified through any of our content or advertisements through our Services. We do not provide any guarantees or endorsements of any third party, their content, or their products or services. You accept all risks associated with or relating to any third party or their products or services. You agree not to hold us liable for matters relating to any third party, including for their conduct, products, services, and information provided.
B. WARRANTY DISCLAIMER
C. California-Specific Waiver and Notices
You understand and agree the above waiver includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “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.”
The following notice is for California users: Pursuant to California Civil Code Section 1789.3: If you have a question or complaint about us, our products, or our Services please contact us at https://deepblueventures.com/contact-us/. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by telephone at (800) 952-5210 or by mail at the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
D. Advertising and Referral Revenue
We fund our Services primarily through advertising and referral revenue. Through our Services, we may provide various advertisements, third-party links, and sponsored reviews.
A. Right to Remove Content
We reserve an unrestricted right to remove content at any time without advanced notice. Nonetheless, we are not responsible for any third-party content and make no commitment or assurances that we will remove, monitor, or assess any specific third-party content, regardless of its content or character.
B. Right and Grounds to Terminate Access
To protect us and our users, we reserve an unrestricted right to refuse, terminate, block, or cancel your application to, account with, or access to the Services at any time, with or without cause. You acknowledge here that you have no right to use of the Services should we terminate or suspend your account. Primary reasons warranting termination include (and primary reasons leading to suspension pending investigation of claims or evidence of the following):
C. No Right to Services or Content
You neither possess nor retain any ownership of or rights to the Services, regardless of who generated the content. Upon termination, you have no right to access, retain, or have returned any such information.
The parties’ obligations under this Agreement, which by their nature are intended to continue beyond the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. Without limiting the generality of the foregoing, Sections I(B), I(C), I(D), III, IV, V, VI, VIII, IX, and X shall survive the termination or expiration of this Agreement.
A. Infringement Not Permitted. DeepBlueVentures does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DeepBlueVentures will remove any content if properly notified that such content infringes on another’s intellectual property rights. DeepBlueVentures reserves the right to remove any content without prior notice.
B. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
DeepBlueVentures’ designated Copyright Agent to receive notifications of claimed infringement is:
Javor Holdings LLC
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
C. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:
D. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, the Services may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Services sole discretion.
A. You agree that the Services shall be deemed solely based in the State of Nevada.
B. The Services shall be deemed a passive website that does not give rise to personal jurisdiction over DeepBlueVentures, either specific or general, in jurisdictions other than Nevada.
D. Disputes. Any dispute, claim or controversy arising out of or relating to the Services, this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special, or incidental damages arising from or relating to your use of the Services (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
F. Class Action Waiver. YOU AGREE THAT ANY ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU EXPRESSLY WAIVE YOUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND DEEPBLUEVENTURES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
A. Successors and Assignees
We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our corresponding assets. You may not assign this Agreement.
You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with us. You also acknowledge that all waivers and agreements bind not only you, but any successors, heirs, agents, and other representatives.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. You understand and accept that, by agreeing to arbitration, you are foregoing your access to a trial by jury.
C. Limitation of Liability
To the maximum extent permitted by law, in no event shall we or our agents be liable to you or any other person or entity for any direct, punitive, incidental, special, consequential, or exemplary damages.
D. Consent to Electronic Service.
When you use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.
If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, you agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.
G. Understanding of Agreement
You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.
H. Entire Agreement
Submission of a valid personal email address is an entry into the giveaway sweepstakes, and you only get one entry per person (not per email). You’re only eligible to enter if you’re older than 18 years of age. By entering your email address, you are giving expressed consent to receive promotional emails from Javor Holdings LLC. One winner will be chosen at random on January 5, 2021, and messaged via email. If applicable, all duties and taxes for delivery will be paid by the winner.