Terms of Service

BY USING OR VISITING THIS WEBSITE, www.politismack.com and all websites, mobile websites, and applications associated therewith (collectively, the “Site“) and content available through the www.politismack.com domain name and any other affiliated domain name, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the “Terms of Use”).

The Site is a news service made available to you by Politismack (“Politismack,” “we,” or “us”). All of the content, software, and services available through the Site, including but not limited to any subscription services, whether offered by Politismack or a third-party link provided by the Site, are referred to herein as the “Services.”

Please read the Terms of Use carefully before using the Services. THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT, WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. Your continued access and use of any Site after changes have been made to these Terms of Use constitutes your acceptance of the revised Terms of Use. If you do not understand and accept the provisions set forth in the Terms of Use, do not use the Services or access the Site.

ACCEPTANCE OF TERMS OF USE

YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU AGREE THAT:

You will use the Services in accordance with the Terms of Use and any additional terms, conditions, rules, or procedures imposed by Politismack or by third-party content or service providers that may apply, and in accordance with applicable laws and regulations;
These Terms of Use are a legally binding agreement and the equivalent of a signed written contract; and
You have received, understood, and accepted these Terms of Use.

YOUR USE OF THE SERVICES SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE AND ALL OF POLITISMACK’S RULES AND RESTRICTIONS RELATED TO THE SERVICES, AS THEY MAY CHANGE FROM TIME TO TIME. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE.

FROM TIME TO TIME, WE MAY PROVIDE ADDITIONAL SERVICES. YOU MAY BE ASKED IN THE FUTURE TO AGREE TO ADDITIONAL TERMS BEFORE YOU CAN ACCESS THESE ADDITIONAL SERVICES. REGARDLESS OF WHETHER THIS OCCURS, YOUR CONTINUED USE OF THE SITE OR SERVICES WILL CONSTITUTE YOUR ACCEPTANCE OF THESE ADDITIONAL TERMS.

USE OF SERVICES; PROHIBITED CONTENT AND ACTIVITIES

You agree to use the Services only as lawful within the United States and specifically in the State of West Virginia, including all counties and municipalities therein, and any other jurisdictions where you access or use the Services.

Without limitation, you agree not to:

Use the Services for advertising or commercial solicitation without Politismack’s express prior written approval;
Use the Services or any part thereof (including email addresses of users) for any commercial purpose;
Use the Services in any way that abuses, harasses, threatens, defames, infringes privacy or intellectual property rights, or violates any law;
Upload or transmit any obscene, profane, lewd, excessively violent, illegal, or otherwise offensive content;
Send spam or distribute unsolicited communications;
Upload files containing viruses, malware, or any harmful software;
Distribute chain letters, pyramid schemes, or surveys without permission;
Inhibit another user’s enjoyment of the Services;
Attempt unauthorized access to systems, data, or networks related to the Services;
Circumvent access restrictions, encryption, or security protocols.

Violations of system or network security may result in civil or criminal liability. Politismack may investigate such violations and cooperate with law enforcement as necessary.

We reserve the right, at any time and without notice, to modify, suspend, or discontinue any part of the Services. You agree that Politismack shall not be liable for any such modification, suspension, or discontinuance.

USER CONTENT AND SUBMISSIONS

The Services may permit you to submit, post, and distribute text, files, images, photos, graphics, data, messages, video, audio, works of authorship, or any other materials or information in connection with your use of the Services (collectively, “User Content”). This User Content may reside on our servers or the servers of a third party. You are solely responsible for the User Content you submit, post, or distribute on or through the Services or Site, and for any material or information that you transmit to others or that results from your interactions with others, including compliance with all applicable local, state (including the laws of West Virginia), and federal laws.

Politismack does not control, endorse, or review the User Content submitted, posted, or distributed by users and expressly disclaims any responsibility for such content. We reserve the right to remove or alter any User Content at our sole discretion for any reason.

You agree not to provide User Content that:

Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property rights of any person;
Is false, misleading, defamatory, obscene, abusive, hateful, or sexually explicit;
Violates another person’s right to privacy or publicity;
Contains advertising, promotional content, or any form of solicitation;
Contains language or material intended to intimidate, incite violence, or harass; or
Violates these Terms of Use or any applicable law or advocates illegal activity.

If the Services allow for posting User Content, you may only post content you own or have the right to post. By submitting User Content, you grant Politismack a royalty-free, non-exclusive, worldwide, irrevocable, transferable license (including sublicensable rights), in perpetuity and throughout the universe, to use, reproduce, display, adapt, publish, translate, distribute, broadcast, create derivative works from, and otherwise exploit your User Content in any format or medium, now known or hereafter developed. You hereby waive any “moral rights” you may have in such content.

You represent and warrant that:

You own or have the legal right to submit any User Content you post;
You have obtained appropriate permissions for the depiction of any individuals (including minors, with consent from a parent or guardian);
Your submission does not violate any applicable laws or third-party rights.

You agree to pay all royalties, fees, or other costs owed to any third party as a result of any User Content you submit.

User Content may be visible in public forums. You acknowledge that participation in such forums creates no expectation of privacy, and that any personal information you choose to disclose is shared at your own risk. Politismack, its staff, contributors, and users may also participate in forums, sometimes anonymously.

Politismack assumes no liability for any communications you send or receive through the Services, including through messaging or sharing functions. You agree to indemnify and hold harmless Politismack, its affiliates, and service providers from any claims related to such communications or submissions.

MOBILE APPLICATIONS

Some Services may be accessed through mobile applications (“Mobile App”) made available through third-party platforms, such as app stores. Use of such apps may be subject to additional third-party terms. Politismack is not responsible for any third-party platforms or services.

Your use of a Mobile App is between you and Politismack only, not with any app store or platform provider. As such, Politismack is solely responsible for the content, maintenance, and support of the Mobile App. Any issues, warranties, or legal claims arising from use of the app are to be directed to Politismack, not to the app store provider.

You may not use the Mobile App if:

You reside in a U.S.-sanctioned country;
You appear on any U.S. government restricted or prohibited party list.

By installing or using the Mobile App, you consent to any applicable license terms, restrictions, and permissions that govern its use.

VIOLATION OF TERMS OF USE

Politismack reserves the right, in its sole discretion, to suspend or terminate your access to the Services, and to remove any User Content, with or without notice, for any reason, including violations of these Terms of Use. We may also discontinue all or part of the Services at any time. You agree that Politismack is not liable to you or any third party for the suspension, termination, or deletion of access or content.

SUBSCRIPTION SERVICES AND ACCOUNTS

To access certain features, you may be required to create an account or subscribe to newsletters or alerts. You agree to provide accurate, current, and complete information and to promptly update it if it changes. You may only maintain one active account, and you are responsible for all activity that occurs through it.

Politismack reserves the right to suspend or terminate any account found to contain false or incomplete information. Notifications and legal notices may be sent to the contact details you provide, and you agree to check them regularly.

You are responsible for maintaining the security of your login credentials. Notify Politismack immediately of any unauthorized use of your account. We may take any actions we deem necessary to protect our Services, including disabling or deleting accounts.

WE DISCLAIM ALL LIABILITY FOR LOSSES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

POLITISMACK STORE

You may order merchandise or other items through the Politismack Store. We reserve the right to:

Modify or discontinue merchandise or other items offered for sale at any time;
Adjust pricing, specifications, or availability of items; and
Limit the quantity of any items sold.

We do not guarantee that any product listed on the Site will be available at the time of order. Information on the Site may contain errors or inaccuracies. We reserve the right to cancel or refuse any order placed based on incorrect information, pricing, or for any other reason at our sole discretion. In such cases, you will not be charged, or a credit will be issued to your original payment method.

POLITISMACK FIGHT CLUB

The Services may include Politismack Fight Club, a subscription-based platform offering exclusive editorial content, videos, audio recordings, behind-the-scenes access, and premium articles (“Politismack Fight Club”).

To access Politismack Fight Club, you must create an account and submit payment and billing information (“Subscription”). Subscriptions are ongoing until cancelled by you or us. We reserve the right to change, discontinue, or modify the subscription content at any time.

When subscribing, you must provide a valid credit or debit card (“Card”), and authorize Politismack or its payment processor to charge and store your payment information. Subscriptions renew automatically according to the billing interval selected, and we reserve the right to alter billing cycles as necessary.

Billing & Payment

All applicable taxes, fees, and surcharges are your responsibility.
If payment is not received or your Card is declined, your access may be suspended or terminated.
Reconnection may require payment of past-due amounts.

All subscription payments are nonrefundable. By subscribing, you agree to waive any right to refunds or credits unless specifically authorized by Politismack.

To cancel your subscription, please contact us. Your access will continue through the end of your current billing period. You may be subject to cancellation fees as applicable.

POLITISMACK CONTENT

The Services contain proprietary content belonging to Politismack or its licensors (“Politismack Content”). All such content is protected under U.S. and international intellectual property laws.

Politismack grants you a limited, non-exclusive, non-transferable, revocable license to access and view Politismack Content solely for personal, non-commercial use in accordance with these Terms of Use.

You may not:

Copy, reproduce, distribute, or exploit any content for commercial purposes;
Alter, modify, publish, or create derivative works;
Reverse engineer or interfere with any software on the Site or Services.

Intellectual Property Rights include, but are not limited to: copyrights, trademarks, trade secrets, patents, designs, algorithms, and rights of publicity, whether existing now or in the future, anywhere in the universe.

All copyrights and intellectual property remain the property of Politismack or its licensors. Downloading content does not grant ownership rights. You must obtain prior written consent from Politismack or the content owner to use any material beyond personal use.

EDITING AND BLOCKING CONTENT

Politismack may, but is not obligated to, monitor use of the Services. We reserve the right to edit, remove, or refuse to post any material that violates these Terms or that we deem inappropriate.

Content may be offensive, indecent, or objectionable. By using the Services, you acknowledge this risk and waive any legal claims arising from your exposure to such content.

We are not responsible for monitoring user activity and assume no liability for content posted by users or the actions of any third party.

GOVERNING LAW & DISPUTE RESOLUTION

These Terms of Use are governed by the laws of the State of West Virginia, without regard to conflict of law rules. Any arbitration arising under these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).

Arbitrators cannot award punitive, incidental, or consequential damages unless authorized by statute.
Parties agree to the JAMS Optional Arbitration Appeal Procedure, as in effect on the date of the arbitration.
If any provision related to arbitration procedures is deemed unenforceable, the remainder of the arbitration agreement shall still apply.
Any duty of confidentiality shall survive severance of any arbitration clauses.

TERMINATION & SURVIVAL

These Terms remain in effect until terminated by either you or Politismack. You may terminate by ceasing use of the Site. Politismack may terminate your access at any time, with or without notice, especially in cases of Terms violations.

Upon termination:

All licenses granted to you are revoked;
Your access to the Site and Services will cease;
The following provisions shall survive termination indefinitely:
- Your license grants to Politismack;
- Disclaimers and limitations of liability;
- Indemnification obligations.

ENTIRE AGREEMENT & MISCELLANEOUS

These Terms of Use represent the entire agreement between you and Politismack and supersede any prior agreements regarding use of the Site and Services.

No waiver shall be considered a continuing waiver.
If any part of these Terms is found invalid, the remainder remains enforceable.
We may assign our rights under these Terms at any time. You may not assign your rights without prior written consent.
Section headings are for convenience only and have no legal significance.
These Terms do not constitute an employment agreement.