This website is operated by The Position (“The Position,” the “Company,” “we,” “us” or “our”). Your use of the site is at all times subject to the following terms and conditions (these “Terms Of Use”), and you are deemed to have accepted them by using the site.
Please review these Terms Of Use carefully and make sure you understand them before using the site. If you do not agree to them, you must leave the site immediately.
If you breach these Terms Of Use, or any other terms or policies referred to in them, we may suspend or terminate your access to the site immediately and, where possible, will notify you in writing using the contact details you have provided.
1. Scope of Use
The site is provided for promotional and informational purposes only. The site is provided for information and to stay in touch. You may use the site only if you are a current or prospective client, partner or collaborator of the Company, or are otherwise interested in learning about the Company for a legitimate personal or business purpose. The site may not be used for any unlawful, fraudulent, harassing, objectionable or otherwise illegitimate purpose.
2. Accuracy and Availability
We work to keep the site accurate, current and free of errors, but we cannot promise that it will be, and you remain responsible for your own internet security and safety measures.
The site is offered free of charge and has not been developed to meet your particular requirements. We cannot promise that it will be fit or suitable for any specific purpose.
Material on the site is provided for general information only, to tell you about the Company, our work, our affiliated brands and our services. It is not intended as advice of any kind and should not be relied upon as such. Any reliance you place on it is entirely at your own risk.
Access to the site is permitted on a temporary basis. We may suspend, withdraw or change any part of it, and add to or remove its content, at any time and without notice.
3. Intellectual Property Rights
The site and all of its content, including text, imagery, video, graphics, design and code (together, the “Content”), and all copyrights, trademarks, service marks and other intellectual property rights in them, are owned by or licensed to The Position. We and our licensors expressly reserve all rights in the site and the Content.
In particular, we reserve all rights in the name “The Position,” the domain readtheposition.com and all related domain names, and in the names, logos and marks of our affiliated brands. Client names and logos shown on the site remain the property of their respective owners and appear solely to identify work we have carried out.
Nothing in these Terms Of Use grants you any right in the site or the Content other than as necessary to view the site in accordance with these terms. Use of any trademark appearing on the site is strictly prohibited without our prior written permission.
4. Use of the Site and Content
You are responsible for making all arrangements necessary to access the site, including any costs of doing so and ensuring that your device is compatible with it, and for ensuring that anyone who accesses the site through your connection is aware of these Terms Of Use. When using the site, you agree to observe the following rules.
(a) You may view, print and quote from the site only for your own personal, non commercial reference, provided you acknowledge The Position as the source and do not remove any copyright or proprietary notice. No other licence or right to copy, distribute, transmit, modify or create derivative works from the Content is granted without our written permission.
(b) You may not use the site for any illegal or unauthorized purpose, and you must comply with all laws and regulations that apply to your use of it, including copyright and other intellectual property laws.
(c) You may not restrict any other person from using or enjoying the site, or encourage anyone to breach these Terms Of Use.
(d) You may not interfere with the site or any server or network connected to it, including by transmitting any virus, malware or other harmful code, and you may not inject content or code into the site or otherwise alter how any page is displayed.
(e) You may not change or modify the site, or alter any other website, so as to imply an association with the site or with us that does not exist.
(f) You may not access the site, or extract content or data from it, by any automated means, including bots, scripts, spiders, crawlers or scrapers, except for standard search engine technologies or as permitted by a written agreement with us.
5. Linking to the Site
You may link to any page of the site for non commercial purposes, provided you do so in a way that is fair and lawful and does not damage or take advantage of our reputation. The linking site must not contain any adult, illegal, offensive or otherwise objectionable material. We may withdraw linking permission at any time and without notice.
You may not link to the site in a way that suggests any form of association, approval or endorsement on our part where none exists, and you may not remove, obscure or alter any notice or information on the site. The site may not be framed within any other website.
6. Affiliated Brands
The Position is a Variety Partners company, part of a family of brands that also includes Head Nod Records, Leisure Standard and Humble Otter. These Terms Of Use and our Privacy Notice also govern the websites of each affiliated brand, except where a brand publishes terms or policies of its own, in which case those terms or policies control for that website.
7. Third Party Websites and Social Media
The site may contain links to websites and social media platforms operated by third parties. The Position is not responsible for the operation or content of any third party website or platform, including any opinions expressed there, and a link to or from the site is not an endorsement, sponsorship or recommendation. Links are provided solely for your convenience.
We do not control social media platforms, including those that host our own profiles. Your use of any such platform is governed by its own terms of use and privacy policy, for which you are responsible. Comments, messages and other content posted by others on our social media channels do not represent the views of The Position, and we accept no responsibility for them.
8. Privacy and Cookies
The Position may collect certain personal and technical information from you through the site and will handle it in accordance with our Privacy Notice, which forms part of these Terms Of Use. Questions and requests about our handling of personal information should be directed to us as set out in the Privacy Notice. You may review the technologies used on the site at any time through Cookie Preferences in the footer.
9. Copyright Complaints
If you believe that any content on the site has been copied or used in a way that infringes your copyright, you may notify us under the Digital Millennium Copyright Act of 1998 by writing to info@readtheposition.com. For your notice to be valid, it must include a physical or electronic signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work and of the material claimed to infringe it, with enough information for us to locate it; your contact details, including an address, telephone number and email address; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner.
10. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VARIETY PARTNERS DOES NOT WARRANT THAT THE SITE OR ANY CONTENT (A) WILL ALWAYS BE AVAILABLE, (B) IS FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL CODE, (C) WILL MEET YOUR REQUIREMENTS, (D) DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY, OR (E) IS ERROR FREE, OR THAT ANY DEFECT WILL BE CORRECTED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VARIETY PARTNERS, ITS AFFILIATED BRANDS AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR (A) ANY PERSONAL INJURY; (B) ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, OR ANY INTERRUPTION OF SERVICE; OR (C) ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES, IN EACH CASE ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF YOUR USE OF THE SITE, OR ANY MATTER ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
12. Your Liability to Us
Any use of the site or its content in a manner not expressly permitted by these Terms Of Use may infringe our rights or those of our licensors, and we and our licensors reserve all rights and remedies available in respect of any such infringement.
You agree to indemnify, defend and hold harmless The Position, its affiliated brands and their respective owners, officers, employees and agents from all costs, expenses, damages, liabilities and losses, including reasonable attorneys’ fees, arising from (a) your access to and use of the site; (b) your breach of these Terms Of Use; (c) your violation of any right of a third party, including intellectual property, privacy and publicity rights; and (d) any information or content you submit to us through the site.
13. Information You Provide
Information you submit through the site must be accurate, complete and yours to share, and you agree to keep it up to date. You grant The Position a non exclusive, perpetual and royalty free licence to use, copy and adapt information you submit for the purposes of responding to you and conducting our business, subject always to our Privacy Notice.
Unsolicited ideas, proposals and creative materials are received without any obligation of confidentiality or compensation and do not create a client relationship. A formal engagement exists only under a written agreement signed by both parties.
14. Governing Law
These Terms Of Use and your use of the site are governed by the laws of the State of Florida, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction. To the maximum extent permitted by law, you irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Miami Dade County, Florida, for any action or proceeding arising from or relating to these Terms Of Use.
15. Remedies
At its option, The Position may pursue every remedy available to it under these Terms Of Use, at law and in equity, including injunctive relief and specific performance, to enforce these Terms Of Use and any guidelines or policies published on the site.
16. Entire Agreement
These Terms Of Use, together with our Privacy Notice, contain the entire agreement between you and The Position with respect to the site and the Content, and supersede all prior proposals, understandings and agreements, whether oral or written.
17. Severability
Each provision of these Terms Of Use shall be interpreted to be effective and valid under applicable law. If any provision is found to be prohibited or invalid, it shall be modified to the minimum extent necessary to make it valid, or, if that is not possible, treated as severed, without affecting the remainder of that provision or any other provision of these Terms Of Use.
18. Revisions
We may revise these Terms Of Use from time to time by posting a revised version on the site, effective from the date of posting. It is your responsibility to review these Terms Of Use periodically. Your continued use of the site after any revision is posted constitutes your acceptance of it.
19. Contact Information
If you have any questions about the site, its content or these Terms Of Use, or wish to contact us for any other reason, please write to The Position, Attn: Legal, Miami, Florida, or email info@readtheposition.com.