Terms of Use - The Pavlovic Today

Last updated on July 14, 2021

Please read this page carefully. Your use of this site (“The Pavlovic Today”) constitutes your agreement to be bound to include users and contributors by the following terms and conditions. We reserve the right to change these terms and conditions at any time, so you should read this page each time you access the site.

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

The Site is a news service made available to you by KSENIJA PAVLOVIC, LLC (“THE PAVLOVIC TODAY”, “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 THE PAVLOVIC TODAY 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. 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 THE PAVLOVIC TODAY or by third party content or service providers that may apply, and applicable laws and regulations;
you agree to be bound by the terms and conditions of our Privacy Policy, which are incorporated herein by reference;
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 and the terms of our Privacy Policy.

YOUR USE OF THE SERVICES SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE AND ALL OF THE PAVLOVIC TODAY’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.

ACCESS; VERIFICATION; USE OF PERSONAL INFORMATION

You must be at least 13 years of age to use the Services. Verification of your age may be requested or required in connection with your use of all or a portion of the Services. Should THE PAVLOVIC TODAY suspect that your personal data provided is not accurate or complete, THE PAVLOVIC TODAY may suspend or terminate your access to the Services.

By using the Services, you indicate that you have reviewed and understand the information outlined in THE PAVLOVIC TODAY’s Privacy Policy (“Privacy Policy”).

Each email communication we send you will contain instructions permitting you to opt-out of receiving future communications. If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you may follow the “unsubscribe” procedure included with the email communication, where you will be provided with an opportunity to opt-out from all or a portion of communications to which you subscribe.

USE OF SERVICES; PROHIBITED CONTENT AND ACTIVITIES

You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services.

Without limiting the forgoing, you agree not to:

use the Services for any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via email, without THE PAVLOVIC TODAY’s express prior written approval and, if then, solely in accordance with terms and conditions imposed by THE PAVLOVIC TODAY with respect thereto;
not to use the Services or any element or portion thereof (including, without limitation, email addresses of users) for any commercial purpose whatsoever;
use the Services in any way that abuses, defames, stalks, annoys, threatens, harasses or violates the rights of privacy, publicity, intellectual property or other legal rights of a person or entity (now or hereafter recognized) or which encourages conduct which would violate any law or give rise to civil or criminal liability or post, publish, transmit, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene, lewd, lascivious, filthy, excessively violent or illegal/unlawful material or matters, including, without limitation, information, topics, names or other material;
attempt to impersonate another user or any other third party by selecting or using the name, address, email address or other identifying information belonging to another user or other person, or otherwise;
use a user name, address, credit card information, email address, pseudonym or other identity belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person;
use a false “header” – the legend attached to email messages to show the message’s point of origin, route and destination – or otherwise falsely configuring email;
use a username, email address, or header that THE PAVLOVIC TODAY, in its sole discretion, deems inappropriate;
disseminate multiple unsolicited copies of email through the Services in violation of any law;
upload files that contain software or other material protected by intellectual property laws, rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, approvals;
upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of THE PAVLOVIC TODAY’s Services, networks or servers or to another’s computer;
conduct or forward surveys, contests, pyramid schemes or chain letters;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
restrict, inhibit, harass or attempt to prevent any other user from using and enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
disclose personal information and/or collect information about others, including email addresses, without their prior consent; or
violate any applicable domestic or international laws or regulations.

With the exception of web browser access, you agree not to use bots, spiders, intelligent agent software or any other software, program, application or any other device to access the Site or the Services to automate the process of obtaining, harvesting, uploading, transferring or transmitting any content to or from THE PAVLOVIC TODAY’s computer systems, the Site or the Services. You agree not to, nor to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Services and not to data mine the Services or in any way cause harm to or burden the Services.

Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms of Use. THE PAVLOVIC TODAY reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that THE PAVLOVIC TODAY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

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 their use of the Services (collectively, the “User Content”). This User Content may reside on our servers or on the servers of a third party. You are solely responsible for the User Content and other content that you submit, post or distribute on or through the Services or Site and any material or information that you transmit to others and for your interactions with others. THE PAVLOVIC TODAY does not control or endorse the User Content, messages or information submitted, posted or distributed by users, and, therefore, THE PAVLOVIC TODAY specifically disclaims any responsibility with regard thereto.

You agree not to provide User Content that:

infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;
violates a person’s right to privacy or publicity;
contains advertising or a solicitation of any kind;
degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
contains epithets or other language or material intended to intimidate or to incite violence; or
violates any applicable local, state, national, or international law, or advocates illegal activity.

If the Services permit you to post or publish User Content, you may only post User Content that is original and that you have the right to post. You grant to THE PAVLOVIC TODAY a royalty-free, non-exclusive, worldwide, irrevocable, transferable license, including the right to sublicense to third parties without restriction, in perpetuity throughout the universe, right and license to fix, copy, reproduce, display, modify, adapt, edit, elaborate, combine with other material, transform, title, re-title, subtitle, dub, translate, advertise, publish, sell, vend, rent, lend, distribute, broadcast (by terrestrial, cable, satellite or any other means), cybercast, perform, utilize, create derivative works of, or otherwise exploit (collectively, “Exploit”) your User Content, in any and all manner, mediums or methods, now known or later devised. You hereby waive and relinquish all rights known as “moral rights’ or “droitmoral” now or hereafter recognized.

You represent and warrant that you own the User Content submitted, posted or distributed by you on or through the Services or Site or otherwise have the right to grant the license set forth in this Terms of Use from any person identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate, and that the submission, posting or distribution of your User Content on or through the Services or Site does not violate the rights of privacy, publicity, copyrights contract or any other legal rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content submitted, posted or distributed by you to or through the Services or the Site.

The Services may have features that allow you to send or exchange messages with third parties. THE PAVLOVIC TODAY makes no warranties, express or implied, takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other user sends, receives, distributes or posts through any email or instant message system. You agree to defend, indemnify and hold harmless THE PAVLOVIC TODAY, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors, as applicable, from and against all claims resulting from content, materials, messages, and the like that you send, receive, submit, post or distribute in connection with the Services or the Site, including sending an email through the Services.

If you are under the age of 13, you may not submit any User Content to us. If you are under the age of 18 but at least 13 years of age, you may submit User Content only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

VIOLATION OF TERMS OF USE

You agree that THE PAVLOVIC TODAY, in its sole discretion, may suspend or terminate your access to the Services and remove and discard any User Content within the Service or Site for any reason, including, without limitation, if THE PAVLOVIC TODAY believes that you have violated or acted inconsistently with your obligations under the Terms of Use or any other reason whatsoever. THE PAVLOVIC TODAY may also, in its sole discretion, discontinue providing the Services or any part thereof, with or without notice. You agree that any termination of your access to the Services may be effected without prior notice and acknowledge and agree that THE PAVLOVIC TODAY may immediately delete your User Content. THE PAVLOVIC TODAY reserves the right to bar any further access to such files or the Services. You agree that THE PAVLOVIC TODAY shall not be liable to you or any third party for any termination of your access to the Services or Site or deletion of your User Content.

SUBSCRIPTION SERVICES AND ACCOUNTS

You may be asked to provide an email address, cell phone and other personal information to subscribe to the THEPAVLOVIC TODAY newsletters, alerts or other Services or to set up an account on our Site. When you subscribe or set up an account, you agree to provide accurate, current and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. THE PAVLOVIC TODAY has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. When you subscribe or set up and account, you consent to THE PAVLOVIC TODAY contacting you via these methods for any communication, whether for transactional or marketing purpose and you agree we can send you legal notices or other disclosures via these contact methods as well, in addition to or in lieu of providing such notices on our Site. It is your responsibility to check your designated email address regularly for notices. The delivery of any notice from THE PAVLOVIC TODAY is effective when sent by THE PAVLOVIC TODAY, regardless of whether you read the notice when you receive it or whether you actually receive the delivery.

CONTENT OF THE PAVLOVIC TODAY

The Services contain content, information, materials, computer code and software, of THE PAVLOVIC TODAY (“The Pavlovic Today Content”) which is protected by copyright, trademark, patent, trade secret and other laws and THE PAVLOVIC TODAY either owns and retains or licenses all Intellectual Property Rights (as defined below) in the Pavlovic Today Content, Site, and Services.

THE PAVLOVIC TODAY hereby grants you a limited, revocable, non-sublicensable non-exclusive license to display the Pavlovic Today Content (excluding any software code) solely for your personal use in connection with using the Services in accordance with the Terms of Use. Copying or downloading these materials for anything other than your personal use is a violation of these Terms of Use. “Intellectual Property Rights” means any and all (by way of whatever name or term is known or designated) tangible and intangible and now known and hereafter existing (a) rights associated with works of authorship throughout the universe, including, but not limited to, copyright and moral rights; (b) trademark, service mark, trade dress and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property and proprietary rights (of every kind and nature throughout the universe and however designated) (including, without limitation, logos, character rights, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license or otherwise; and (f) all registrations, applications, renewals, revivals, resuscitations, extensions, continuations, divisions or reissues thereof now and hereafter in force throughout the universe (including, without limitation, rights in any of the foregoing).

You acknowledge that all copyrights and other Intellectual Property Rights in the Services are owned by THE PAVLOVIC TODAY or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of THE PAVLOVIC TODAY Content, software and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of THE PAVLOVIC TODAY and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content or software from the Services.

The Services contain the content of other users and other THE PAVLOVIC TODAY licensors. Except for User Content posted by you, and as otherwise expressly permitted herein, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent or otherwise Exploit any THE PAVLOVIC TODAY Content or other content appearing on or through the Site or Services.

EDITING AND BLOCKING CONTENT

You agree that THE PAVLOVIC TODAY, in its sole discretion, shall have the right, but not the obligation, to monitor your use of the Services to edit, refuse to post or remove any material submitted, posted or distributed on or through the Services or Site in violation of the Terms of Use. You agree that THE PAVLOVIC TODAY may use the information gathered during such monitoring for any purpose deemed appropriate by THE PAVLOVIC TODAY, to the extent permitted by law.

You acknowledge that the Services may not be monitored and you do not rely on THE PAVLOVIC TODAY to monitor or edit the Services and the Services may contain content which you find offensive, indecent, or objectionable, and which may or may not be identified as containing explicit language. You hereby waive any objections you might have with respect to viewing such content. THE PAVLOVIC TODAY shall have no liability for such content to you, to any person on behalf of whom you have consented to these Terms of Use, or to any person whom you allow to access the Service, and you access the Services at your sole risk.

THE PAVLOVIC TODAY assumes no responsibility for monitoring the Site for inappropriate content or conduct. If at any time THE PAVLOVIC TODAY chooses, in its sole discretion, to monitor the Site, THE PAVLOVIC TODAY nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user submitting any User Content.

COPYRIGHT INFRINGEMENT CLAIMS

If you believe in good faith that materials hosted by the Site infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing THE PAVLOVIC TODAY with the following information in writing:

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your name, address, telephone number, and email address and all other information reasonably sufficient to permit THE PAVLOVIC TODAY to contact you;
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; and
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.

Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon THE PAVLOVIC TODAY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to THE PAVLOVIC TODAY a counter-notice. All notices and counter-notices must meet the then current statutory requirements imposed by the DMCA.