Terms of Service
Welcome to our website. This website is owned, controlled, and operated by
Ejerie Labs LLC. The terms “we”, “us”, and “our” refer to the Fascism Barometer.
The term “Site” refers to the Fascism Barometer. The term “user,” “you” and
“your” refers to any and all site visitors. The “Service” encompasses the entirety
of services, information, products, and features we provide, offering both specific
details about our offerings and broader insights across various sections of the
Site.
This Term of Use Agreement (the "Agreement") specifies the Terms and
Conditions for access to and use of the Site (the "Site") and describes the terms
and conditions applicable to your access of and use of the Site. This site is
maintained as a service to our customers. By using this site, you agree to comply
with and be bound by the following terms and conditions of use. Please review
these terms and conditions carefully. If you do not agree to these terms and
conditions, you should not use this Site. Ejerie Labs may amend the Terms of
Use at any time. The Terms of Use may be updated from time to time. The most
current version of these Terms of Use, which supersedes all previous versions,
can be reviewed by clicking on the "Terms of Use" hyperlink located at the
bottom of our Site pages. You are responsible for ensuring you review the most
current version of the Terms of Use.
PRIVACY
Your visit to our Site is also governed by our Privacy Policy. Please review our
Privacy Policy at www.fascismbarometer.org/privacypolicy
SITE SUBMISSIONS
The user shall not upload, post or otherwise make available on the site or via
email any artwork, photos or other materials (“Materials”) protected by intellectual
property laws without the express written permission of the owner of the
copyright. You shall be liable for any damage resulting from any infringement of
copyrights, trademarks, or other proprietary rights, or any other harm resulting
from such a submission. For all Materials submitted by you to the Site, you
automatically represent or warrant that you have the authority to use and
distribute the Materials, and that the use or display of the Materials will not violate
any laws, rules, regulations or rights of third parties.
OWNERSHIP
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All content included on this site is and shall continue to be the property of Ejerie
Labs LLC, its content suppliers and is protected under applicable copyright,
patent, trademark, and other proprietary rights. Any copying, redistribution, use
or publication by you of any such content or any part of the Site is prohibited,
except as expressly permitted in this Agreement. Under no circumstances will
you acquire any ownership rights or other interest in any content by or through
your use of this Site.
Ejerie Labs claims no intellectual property rights over any Materials you supply to
the Site. You retain copyright and any other rights you may rightfully hold in any
content that you submit through the Site. Content you submit to the Site remains
yours to the extent that you have any legal claims. However, you grant Ejerie
Labs a worldwide, nonexclusive, irrevocable license to display any Materials you
supply to us for business development and marketing purposes only. By visiting
the site, you agree to hold Ejerie Labs harmless from and against all claims,
liabilities and expenses arising out of any potential or actual copyright or
trademark misappropriation or infringement claimed against you.
If you believe your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have otherwise been violated,
please provide a notice to our office at info@ejerielabs.org.
USE OF THIS SITE
To access or use the site, you must be 18 years or older and have the requisite
power and authority to enter into these terms and conditions. Children under the
age of 18 are prohibited from using this site or service without parental consent.
If you are between the ages of 13 and 18, you may use this site only with the
consent of your parent or legal guardian.
Materials on the Fascism Barometer contains articles, podcast episodes,
workshop templates, and graphic notes. Ejerie Labs grants you a limited,
revocable, nonexclusive license to use this site solely for your own personal use
and not for republication, distribution, assignment, sublicense, sale, preparation
of derivative works, or other use. You agree not to copy materials on the site,
reverse engineer or break into the site, or use materials, products or services in
violation of any law. The use of this website is at the discretion of Ejerie Labs,
and they may terminate your use of this website at any time.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of the website.
You further agreed that information provided by you is truthful and accurate to
the best of your knowledge.
INDEMNIFICATION
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You agree to indemnify, defend and hold Ejerie Labs, and our partners,
employees, and affiliates, harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
DISCLAIMER
The information presented on the Fascism Barometer is provided “as is” and “as
available,” without representation or warranty of any kind. Ejerie Labs does not
represent or warrant that such information is or will be always current, complete,
or accurate. Ejerie Labs is not responsible for any reliance you place on such
information and expressly disclaims all liability in connection with your reliance on
it. Ejerie Labs disclaims all warranties of any kind, including but not limited to any
express warranties, statutory warranties, and any implied warranties of
merchantability, fitness for a particular purpose, and non-infringement. To the
extent that your jurisdiction does not allow limitations on warranties, this limitation
may not apply to you. Your sole and exclusive remedy relating to your use of the
Site shall be to discontinue using the Site.
LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, Ejerie Labs shall not be
liable for direct, indirect, incidental, consequential, special, punitive, exemplary,
or any other damages arising out of your use of the Site or Services. Additionally,
Ejerie Labs is not liable for damages in connection with (i) any failure of
performance, error, omission, denial of service, attack, interruption, deletion,
defect, delay in operation or transmission, computer virus or line or system
failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or
data; and (iii) third party theft of, destruction of, unauthorized access to, alteration
of, or use of your information or property, regardless of our negligence, gross
negligence, failure of an essential purpose and whether such liability arises in
negligence, contract, tort, or any other theory of legal liability. The foregoing
applies even if Ejerie Labs has been advised of the possibility of or could have
foreseen the damages. In those states that do not allow the exclusion or
limitation of liability for the damages, our liability is limited to the fullest possible
extent permitted by law.
GUARANTEES
Materials and information provided on the website are not indicative of likely
results in any particular fashion. Ejerie Labs makes no guarantees as to results;
further, past results do not guarantee future results for that same client or party,
or any third-party. Ejerie Labs make(s) no income/financial claims, nor guarantee
of any kind regarding the potential income or results through our communications
or your participation in the purchase of any of the products or services on this
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Site. There is no guarantee you will earn any money using any of our materials,
and your revenue is dependent solely on you and your actions or non-actions.
RETURNS/REFUNDS
Unopened, unused items sold by Ejerie Labs in new condition may be returned
for a full refund within 30 days. Items that are opened or damaged, or do not
have a receipt may be denied a refund or exchange. Your item needs to have the
receipt or proof of purchase in order to complete a return.
USE OF INFORMATION
Ejerie Labs reserves the right, and you authorize us, to use and assign all
information regarding Site uses by you and all information provided by you in any
manner consistent with our Privacy Policy.
GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with, and governed by, the
laws of New York as applied to contracts that are executed and performed
entirely in New York. The exclusive venue for any arbitration or court proceeding
based on or arising out of this Agreement shall be Queens County, New York
State.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an
arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable,
the rest of the Agreement shall remain in full force and effect and shall in no way
be affected, impaired, or invalidated.
ENTIRE AGREEMENT/WAIVER
This Agreement constitutes the entire agreement between you and Ejerie Labs
pertaining to the Site and Service and supersedes all prior and contemporaneous
agreements, representations, and understandings between us pertaining to the
Site and Service. No waiver of any of the provisions of this Agreement by Ejerie
Labs shall be deemed, or shall constitute, a waiver of any other provision,
whether or not similar, nor shall any waiver constitute a continuing waiver. No
waiver shall be binding unless executed in writing by us.
NOTICES
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All notices, requests, demands, and other communications under this Agreement
shall be in writing and properly addressed as follows:
Ejerie Labs
228 Park Ave S
PMB 15914
New York, New York 10003-1502
USE OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement
are included for convenience only and shall not affect the construction or
interpretation of any of its provisions.