Writers Terms & Conditions

Nonchalant Magazine Writers is a program operated by Nonchalant Ltd. (“Nonchalant Magazine”), where independent writers can submit editorial content to Nonchalant Magazine for potential publication by Nonchalant Magazine, this is a voluntary position.

  1. General
    1. Acceptance of Terms. The Nonchalant Magazine Writers Dashboard (“Writers Dashboard”) is a platform to enable independent writers (“you” or “user”) to submit original written content (“Content”) for review and potential publication by Nonchalant Magazine (the “Services”). By accessing the Writers Dashboard, and by submitting Content, you agree to be bound by these Nonchalant Magazine Writers Terms (“Terms”) and the Nonchalant Magazine Terms of Service located at https://www.Nonchalant Magazine.com/tos, which are incorporated by reference. By agreeing to these Terms you represent that you are at least 18 years of age or older and that you have full power and authority to agree to these Terms and grant the rights granted and contemplated herein.
      1. As used herein, “Content” includes any posts, articles, images and other content you submit to Nonchalant Magazine via the Writers Dashboard, via email, via text message, the Nonchalant Slack Channel or in connection with the Writers Program, whether or not solicited by Nonchalant Magazine, and whether or not selected for publication or published by Nonchalant Magazine.
      2. The Services, and certain tools and features within the Dashboard are also subject to any additional conditions, terms, and policies that we separately post on the Dashboard (in each such instance, and collectively, “Additional Terms”). The Additional Terms are incorporated into these Terms by this reference and shall govern your use of the Services, tool, or feature to which they pertain. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
      3. Some features and tools accessible through the Writers Dashboard are provided by third-party companies pursuant to their own separate terms of service (“Third-Party Terms”), and by using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third Party Terms.
      4. Accounts. Nonchalant Magazine, in its sole discretion, may restrict or terminate your access to the Writers Dashboard (or any part thereof), and remove and discard any Content within the Dashboard, at any time and for any reason.
      5. Modification of these Terms. Nonchalant Magazine reserves the right, in its sole discretion, to modify these Terms (and any Additional Terms) at any time posting a notice on the Writers Dashboard, or by sending notice via email or the Writers Dashboard. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Writers Dashboard following such notification constitutes your acceptance of the terms and conditions of these Terms as modified.
  1. Using and Submitting Content via the Writers Dashboard.
  1. Representations and Warranties.
    1. You represent and warrant that (i) you are the sole creator of and own all right, title, and interest in and to the Content; (ii) you have not licensed or assigned to anyone else any rights in or to the Content (or otherwise granted anyone else permission to distribute or exploit the Content); (iii) the Content is your original work and has not been published by you or anyone else in any other form or medium at any point; (iv) the Content will be accurate and truthful, and will not infringe any copyright, violate any property rights, or rights of privacy or publicity, or any other rights of any third party, inclusive of imagery you submit.
    2. You agree to promptly notify Nonchalant Magazine of any facts or circumstances of which you become aware of that would make any of the representations set forth herein inaccurate or untrue in any respect.
  1. Grant of Rights in Contributions.
    1. When you submit Content, you are agreeing to and hereby do irrevocably assign, transfer, and convey to Nonchalant Magazine all right, title and interest to such Content, including, without limitation, copyrights, trade secret rights, and all other intellectual and industrial property rights of any sort throughout the world.
    2. You agree to and hereby do irrevocably make all assignments necessary to accomplish the ownership described above. You agree to further assist Nonchalant Magazine, at Nonchalant Magazine’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. You hereby irrevocably designate and appoint Nonchalant Magazine as its agents and attorneys-in-fact, coupled with an interest, to act for and on your behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by you personally.
    3. To the extent allowed by law, these Terms and any license to Nonchalant Magazine hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like. You agree that, notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world and without any further compensation, you hereby grant to Nonchalant Magazine and its licensees and/or assigns, a right and license, but no obligation, to use your name, likeness, voice, persona, and any biographical data you provide us, for promotional, marketing, advertising, and other purposes.
    4. If any part of your Content is based on, incorporates, or is an improvement or derivative of, or cannot be reasonably and fully made, used, reproduced, distributed and otherwise exploited without using or violating intellectual property rights of a third-party that cannot be assigned to us, you hereby grant to Nonchalant Magazine and our successors a perpetual, irrevocable, worldwide royalty-free, non-exclusive, sublicensable right and license to exploit and exercise all such intellectual property rights in support of Nonchalant Magazine’s exercise or exploitation of your Content.
  2. User Responsibilities
    1. You agree not to post or repost any Content on your own website or elsewhere without prior written permission from Nonchalant Magazine.
    2. Unless otherwise stated in Additional Terms, submissions are not paid, and Nonchalant Magazine’s exercise of the rights you grant under this Agreement will not give rise to any obligation to provide payment to you or any third party. Whether or not you are offered any payment for your Content, you agree that getting access to the Writers Dashboard and the opportunity to have your Content considered for publication by Nonchalant Magazine is adequate consideration for the assignment of rights agreed to and granted herein.
    3. These Terms supersede and cancels all previous agreements between you and Nonchalant Magazine concerning the Services and your submission of content to Nonchalant Magazine. If you previously entered into a written Contributor Agreement with Nonchalant Magazine, these Terms will supersede that Agreement, but you will still have access to paid assignments.
    4. You agree to promptly notify Nonchalant Magazine via email in the event you are approached by a third-party regarding licensing any Nonchalant Magazine-owned content (including your Content) or in connection with any press inquiries regarding the same.
  1. Confidentiality Obligations.

You agree that all information you learn or obtain via the Writers Dashboard or through your participation in the Writers Program, constitutes “Confidential Information.” You agree to hold in confidence and not disclose any Confidential Information, and to not use any Confidential Information except as necessary to participate in the Writers Program. When your participation in the Writers Program terminates, or as otherwise requested by us, you must promptly return all items and copies containing or embodying Confidential Information, except that you may keep your personal copies of any compensation records. Please note that users have no expectation of privacy with respect to their activity on the Writers Dashboard. It is your responsibility to save backup copies of any drafts

  1. Indemnity.
    You agree to indemnify, defend and hold harmless Nonchalant Magazine from any and all claims, damages, liability, settlement, attorneys’ fees and expenses, incurred on account of or arising out of any breach by you of any representation, warranty or other provision of these Terms.
  2. Independent Contractor; No Employee Benefits.
    By giving you access to the Writers Dashboard and offering the Services, Nonchalant Magazine does not intend to and is not creating an employer-employee relationship. You are solely responsible for the manner and hours in which you use the Writers Dashboard or any feature thereof.
  3. Miscellaneous.
    These Terms and any account you create with the Writers Dashboard are personal to you and you shall not have the right or ability to assign, transfer, or subcontract your account or any Prompt or Assignment without the written consent of Nonchalant Magazine. Any attempt to do so shall be void. Nonchalant Magazine may assign its rights and obligations hereunder in whole or part, without consent, and these Terms and such rights and obligations herein shall be binding upon and inure to the benefit of Nonchalant Magazine’s successors and assigns. The failure of either party to enforce its rights under these Terms at any time for any period shall not be construed as a waiver of such rights. Unless expressly stated otherwise herein, no changes or modifications or waivers to these Terms will be effective unless in writing and signed by both parties. In the event that any provision of these Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. All rights, licenses and privileges herein granted to Nonchalant Magazine are irrevocable and not subject to rescission, restraint or injunction. These Terms are governed by the laws of England without regard to the conflicts of laws provisions thereof. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys fees. Headings herein are for convenience of reference only.

Nonchalant Magazine UK Terms of Service

Effective: July 25, 2017

Nonchalant Ltd., its subsidiaries and affiliates (“Nonchalant Magazine,” “we,” “us,” “our”) owns and operates Nonchalant Magazine and its network of websites including https://www.nonchalantmagazine.com, mobile applications, and any other linked and related pages, content, features, products, software, video player and tools offered by Nonchalant Magazine (the “Services”).

    By accessing or using any of our Services, you agree to be bound by these terms and conditions (the “Terms of Service”), and Nonchalant Magazine’s privacy policy located here (“Privacy Policy”) which are incorporated herein by reference (together, the “Agreement”). Your use of the Services is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services.
    Nonchalant Magazine reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the Nonchalant Magazine website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
    You must be 13 years or older to use our Services. If you believe that a child under 13 has used our Services and provided us any information, please contact us at info@nonchalantMagazine.com. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
    By accessing the Services, you represent and warrant to Nonchalant Magazine that: (i) you are an individual (i.e., not a corporation) at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
    You may be required to register and select a password and username (“Nonchalant Magazine User ID”) to use certain Services. You may not (i) select or use as a Nonchalant Magazine User ID a name of another person with the intent to impersonate that person; or (ii) use as a Nonchalant Magazine User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide Nonchalant Magazine with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. Nonchalant Magazine reserves the right to refuse registration of, or cancel a Nonchalant Magazine User ID in its discretion.
    If you are accessing the Services through a third party site or service (such as “Facebook Connect”), Nonchalant Magazine may require that your Nonchalant Magazine User ID be the same as your username for such third party site or service. By providing your third party account credentials to Nonchalant Magazine, you are consenting to have the information in those accounts transmitted into your Nonchalant Magazine account. You shall only use third party accounts owned by you and not by any other person or entity.
    In the course of using the Services, you and other users may provide information which may be used by Nonchalant Magazine in connection with the Services and which may be visible to certain other users. By posting information, images, video, blogs, comments or other content on the Services (collectively, “User Submissions”) or otherwise providing User Submissions to Nonchalant Magazine or in connection with the Services, you hereby grant to (i) Nonchalant Magazine a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and Nonchalant Magazine’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
    The foregoing license grant to Nonchalant Magazine does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not Nonchalant Magazine, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Nonchalant Magazine and to grant Nonchalant Magazine the rights to use such information in connection with the Services and as otherwise provided herein.
    You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Nonchalant Magazine will not be liable for any errors or omissions in any such content. You understand that Nonchalant Magazine cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Nonchalant Magazine cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
    1. Copyrights. All materials displayed or performed on the Services, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video and User Submissions (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to UK copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
    2. Personal, Non-Commercial Use. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Nonchalant Magazine in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission from the Director of Nonchalant Magazine, or from the copyright holder identified in such Content’s copyright notice. You shall not store any significant portion of any Content in any form.
    3. Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
      1.  Any comment made using your identity or screen name will be deemed to have been posted by you.
      2.  Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
      3.  You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
      4.  You shall not make false or misleading statements.
      5.  You shall not offer to sell or buy any product or service, or post links to third party websites, without prior written permission from Nonchalant Magazine in connection with a feature of the Services.
      6.  You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
      7.  You shall not post information that is confidential or sensitive.
      8.  You shall not post any content that is objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind.
    4. You are solely responsible for the content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.
    5. Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by Nonchalant Magazine in its sole discretion), racially offensive, homophobic, transphobic, heterophobic, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
    6. Links. If you link to the Services, Nonchalant Magazine may revoke your right to link at any time, at Nonchalant Magazine’s sole discretion. Nonchalant Magazine reserves the right to require prior written consent before linking to the Services.
    7. Company’s Right to Monitor. Nonchalant Magazine has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, Nonchalant Magazine reserves the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If Nonchalant Magazine chooses, in its sole discretion, to monitor the Services, Nonchalant Magazine 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 such Content.
    8. Company’s Right to Remove Content. Nonchalant Magazine reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
    9. No Endorsement. You acknowledge that Nonchalant Magazine does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.

Nonchalant Magazine Your Stories Content & Writers Program

  1. Your Stories Content. If you will submit content to the Nonchalant Magazine Your Stories section, any content you create and submit (“Your Stories”) must be your original content and never before published by you or any third party. For any editorial Your Stories that are accepted by the Nonchalant Magazine Content Team, you agree not to publish such Your Stories on any other website (including your own blog) unless we specify to you in writing that you may publish the Your Stories on your own blog or website. You may, however, link to the Your Stories on nonchalantnagazine.com from your site or other sites, provided that you comply with all applicable policies, terms and procedures of all applicable social media sites’ and other online/mobile services, including but not limited to those of Facebook, Twitter, and Pinterest as it relates to the promotion of the Your Stories.
  2. Nonchalant Magazine’s Rights and License. Nonchalant Magazine reserves the exclusive right to choose what Your Stories to publish or not publish in its sole discretion and is not obligated to provide you with a reason for rejecting any submitted Your Stories and reserves the exclusive right to remove and permanently delete Your Stories without notice, in its sole discretion. In submitting your Your Stories, you grant Nonchalant Magazine an exclusive, perpetual, worldwide, royalty-free, irrevocable, sublicensable, transferable, license and right to use and exploit the Your Stories, so long as we give you writer’s credit, including without limitation to link to or independently re-publish (in whole or in part). You also agree that Nonchalant Magazine and any of its sublicensees are free to attribute the Your Stories to you, your website, or your blog, and use your appearance, name, likeness in connection with the marketing and advertising of the blog materials for all institutional and historical purposes.
  3. Third Party Clearances. If your Your Stories includes references to, or images of, third parties (i.e., someone other than you) or other performances or content provided by third parties, including copyrights (including without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity, you agree that you have all necessary permissions from these third parties to permit Nonchalant Magazine and/or any of its partners to use and display the Your Stories, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph. You must be able to provide all appropriate clearances, permissions and releases from anyone who assisted in the creation of such images or other content you submit. In the event you cannot provide all required releases upon our request, Nonchalant Magazine reserves the right, in our sole discretion, to disqualify the applicable submission or seek to secure the releases and clearances for our own benefit.
  4. Third Party Product. If you participate in the Nonchalant Magazine Writers Program, you may receive a retail product, or other good (“Third Party Product”) from a manufacturer, promoter, or individual or entity representing such product, and not Nonchalant Magazine. Nonchalant Magazine makes no representations or warranties whatsoever with regard to any Third Party Product provided or offered, and you acknowledge and agree that any reliance on representations and warranties provided by the third party company brand shall be at your own risk. Nonchalant Magazine disclaims, and you agree to assume, all responsibility and liability, whether to you or third parties, resulting from your use of the Third Party Product.
  5. FTC Disclosures and Compliance. If you participate in the Nonchalant Magazine Writers Program of Your Stories, you shall only make statements that are true, accurate, and based on your personal experience. You agree that you are solely responsible for, and may be liable for, any false or misleading claims that you make about any products, its manufacturer or promoter. You agree to review and adhere to all applicable FTC guidelines, any particular restrictions or guidelines regarding product reviews, and any applicable content guidelines of Nonchalant Magazine and/or Nonchalant Magazine’s advertising partners.
  6. Nonchalant Magazine Writers Guidelines. For more information regarding the Nonchalant Magazine Writers Guidelines, please review the Nonchalant Magazine Writers Guidelines Manual, which is hereby incorporated into these Terms of Service by reference; your acceptance of these Terms of Service constitutes your acceptance and agreement to be bound by the Nonchalant Magazine Writers Guidelines.
  • Nonchalant Magazine’s Intellectual Property and Limited Licences
    The technology and the software underlying our Services is the exclusive property of Nonchalant Magazine. Subject to your compliance with this Agreement, Nonchalant Magazine grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by Nonchalant Magazine in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.
    All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Nonchalant Magazine, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to Nonchalant Magazine or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Nonchalant Magazine, its affiliates, or any third party.
    You warrant, represent and agree that you will not use the Services or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without Nonchalant Magazine’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Nonchalant Magazine.
    You shall not (i) conduct any fraudulent, abusive, or otherwise illegal activity; (ii) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Nonchalant Magazine user; (iii) use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; (iv) engage in any kind of illegal activity; (v) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure; (vi) use the manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services; (vii) decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; (viii) remove, obscure, or alter any notices or links (e.g., links to Nonchalant Magazine’s Privacy Policy and Terms of Service) on the Services or any of the features or tools or other Services; (ix) access, display, distribute or otherwise exploit any Content through any technology or means other than the video playback pages of the Services or the Video Player.
    Any violation of the above may be grounds for termination of your right to access or use the Services. Nonchalant Magazine reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that Nonchalant Magazine deems in its sole discretion to be an illegal or unauthorized use of the Services. Nonchalant Magazine will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
    You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
    You are responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the use of the Services.
    The Services are offered by Nonchalant Magazine from its facilities in the United Kingdom. Nonchalant Magazine makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United Kingdoms export control laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of the export control laws of the United Kingdom.
  • The services, content, and products purchased or otherwise obtained through the nonchalant magazine websites, applications and any software are provided on an “as is” and “as available” basis, without warranties of any kind, either xxpress or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, accuracy or completeness of content, non-infringement, the availability or quality of any products or services available via the services, or that access to or use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
    Without limiting the generality of the foregoing, Nonchalant Magazine makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Nonchalant Magazine or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
    The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Nonchalant Magazine makes no representations concerning any Content contained in or accessed through the Services, and Nonchalant Magazine will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will Nonchalant Magazine be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.
    Nonchalant Magazine has no special relationship with or fiduciary duty to you. You acknowledge that Nonchalant Magazine has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
    The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from Nonchalant Magazine’s licensors or other third parties, and all Services are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment, or for any other professional advice of any kind (including without limitation legal or financial advice). Do not ignore professional advice, or delay in seeking treatment because of anyone or any Content on the Services. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 999 immediately. Nonchalant Magazine does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk. The Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Services. The Content is not intended to be legal advice or form an attorney-client relationship of any kind. If you believe you have a legal claim, contact an attorney licensed in your state or country.
    For information regarding Nonchalant Magazine’s treatment of personal information, please review our current Privacy Policy at http://www.Nonchalant Magazine.com/privacy, which is hereby incorporated into this Agreement by reference; any use of our Services constitutes your acceptance and agreement to be bound by our Privacy Policy.
    When you use our Services or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, “push” mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication is in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
    You agree to indemnify and hold Nonchalant Magazine, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or another right of any person or entity. Please note, some states, such as New Jersey, may limit or prohibit indemnification obligations and, therefore, this provision may not apply if you are a resident of New Jersey or another state with such limitations.
    To the fullest extent allowed by applicable law, in no event shall Nonchalant Magazine or its suppliers, or their respective officers, directors, employees, volunteers or agents be liable with respect to the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of the fees paid by you therefor or £100; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond Nonchalant Magazine’s reasonable control.
    Nonchalant Magazine reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. Nonchalant Magazine reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be posted on our websites, sent via email or postal mail. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement.
    The Services may contain links to third-party websites that are not owned or controlled by Nonchalant Magazine, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Nonchalant Magazine has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, Nonchalant Magazine will not and cannot monitor, verify, censor or edit the content of any third-party site By using the Services, you expressly relieve and hold harmless Nonchalant Magazine from any and all liability arising from your use of any third party website.
    Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Nonchalant Magazine shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Nonchalant Magazine is under no obligation to become involved.
    You hereby release Nonchalant Magazine, its officers, employees, agents, volunteers and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party and our Services.
    Nonchalant Magazine reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. Nonchalant Magazine may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
    The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Nonchalant Magazine shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Nonchalant Magazine’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
    This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without regard to the conflict of laws provisions thereof.
    You and Nonchalant Magazine agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
    This Agreement is not assignable, transferable or sublicensable by you except with Nonchalant Magazine’s prior written consent. Nonchalant Magazine may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Nonchalant Magazine in any respect whatsoever.
    All provisions of this Agreement which by their nature are intended to survive performance hereof by you or Nonchalant Magazine, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
    1. • Nonchalant Magazine’S General Policy. Nonchalant Magazine has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Nonchalant Magazine’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Nonchalant Magazine’s policy to (1) block access to or removes material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; (2) notify the content provider, member or user that it has removed or disabled access to the material; and (3) remove and discontinue access by and service to repeat offenders.
    2. • Procedure for Reporting Copyright Infringements:
      If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
      2. Identification of works or materials being infringed;
      3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Nonchalant Magazine is capable of finding and verifying its existence;
      4. Contact information about the notifier including address, telephone number and, if available, an email address;
      5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
      6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
    3. Procedure to Supply a Counter-Notice to the Designated Agent:
      If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
      1. A physical or electronic signature of the content provider, member or user;
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
      3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
      4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United Kingdom, for any judicial district in which Nonchalant Magazine is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
    4. If a counter-notice is received by the Designated Agent, Nonchalant Magazine may send a copy of the counter-notice to the original complaining party informing that person that Nonchalant Magazine may replace the removed material 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 material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Nonchalant Magazine’s discretion.
    5. Designated Agent to Receive Notification of Claimed Infringement:
      Please contact Nonchalant Magazine’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
    6. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
    7. You will only use the Application in connection with an Apple device that you own or control;
    8. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
    9. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
    10. You acknowledge and agree that Nonchalant Magazine, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
    11. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Nonchalant Magazine, and not Apple, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim;
    12. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties;
    13. Both you and Nonchalant Magazine acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
    14. Both you and Nonchalant Magazine acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
    If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to info@nonchalantmagazine.com
    Nonchalant Magazine aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.