Terms and Conditions of Use
Effective Date: January 01, 2024.
Last Updated: January 01, 2024.
DEFINITIONS
Terms and Conditions (T&C) or Agreement – is a legally binding document concluded between Source Media and Technology Corp (the owner and operator of https://source.how/, also referred to as “we”, “us”, or “SOURCE.how”) and the User.. The T&C refer to using the website, placing an order for a product/service, making a payment, using our contact forms or any other activities done through or on the website.
Website – refers to https://source.how/ and includes the domain name, any subdomains, emails, the website database and all the pages of the website.
User (also referred to as “you”) – this term includes both the person that acquires a product/ service and a visitor of our website.
Order – any purchase of a Product or Service or any other payment made towards the purchase of a Product or Service through the website.
Products – the products we could sell through our website might include physical products as well as digital products – however, in each case the types of products we could sell at some point, the price and other specific details will be detailed through a Sales Page. Physical products (for example, media prints, clothing & apparel etc.) will be delivered to your shipping address, and digital products will be delivered to the email address you provide. Digital products include access to our content for a fee or for free, for instance the access to our “Short Stories”. You are responsible for providing the correct email address and personal details in all cases.
Newsletter – the SOURCE.how’s email list, from which a user may subscribe through our website, and can unsubscribe from at any time.
Personal Data – represents any information that can be used to directly or indirectly identify a person, as classified and detailed in our Privacy Policy.
Sales Page – any web page on which the products or services we sell through our website are described or sold. We do our best to describe every product or service offered on our website as accurately as possible. However, we do not warrant that product specifications, pricing, or other content on the website is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, SOURCE.how shall have the right to cancel or refuse any orders in its sole discretion. If we charged your credit card prior to our cancellation, we would give you a refund.
Services – the services we sell through our website will be performed for you by our team and are subject to these Terms & Conditions. The services we might provide include, but are not limited to: consulting services, advertising services, events promotion and organization. All the specific details of the services we provide will be included in a separate agreement that we will sign with our partners and will be completed with these present T&C.
Confidential Information – refers both to the Personal Data collected from The User and the information regarding the User’s business or activity and other project details that are provided in order to facilitate the completion of an order.
1.0 INTRODUCTION
The website, the domain name of https://source.how/, its subdomains and the brand itself are owned by SOURCE Media and Technology Corp., a Delaware Corporation, with headquarters in 48 Coffey St. Unit 1A, Dorchester MA 02122.
Email: info@source.how
SOURCE.how reserves the right to change these Terms & Conditions by changing this present document without prior notice. To stay up to date with the Terms & Conditions and any modifications, it is advised that you visit this page throughout our business relationship to check for any updates or changes. Even if you do not visit the terms when they are modified, your continued use of this website and our services represents your agreement with the changed provisions.
These Terms & Conditions completed with the applicable laws and regulations, apply to absolutely all visitors and users of our website as described above. Your use of the website represents your acceptance of these Terms & Conditions, which take effect on the first day of your use. If you don’t agree to our Terms & Conditions, you are not allowed to use this website. By continuing to use our website you confirm that you read, understood, and agreed to all the provisions included in this document.
These General Terms of Use along with our Privacy Policy describe the rights and obligations of the Parties with regards to use of the website.
You agree to use this website only for lawful purposes. Any behaviour which is unlawful or which may harass or cause inconvenience to any person or to us is prohibited and will determine the cancellation of your use of our website without any prior notice.
You must be at least 18 years old in order to access our website and/ or purchase a product. In case you are a minor between the age of 13 years and 18 years, you are allowed to use our website or to purchase a product only with the permission of your parent or legal guardian, in which case the parent/legal guardian being the one that agrees to these Terms & Conditions on your behalf. If you are younger than 13 years old, you are not allowed to use our website.
2.0 COPYRIGHT
Copyright of the website, all written content and design, except for the user-generated content, if any, is owned by SOURCE.how. All the materials available on the website may not be used, downloaded, altered, or adapted for any purpose without the prior written permission of the copyright owner. The digital products purchased by the Users can be only used for personal purposes and the resale of the digital products is forbidden.
In case we observe a violation of our copyrights, we will do our best to solve this dispute amicably by notifying you on your e-mail address or on any other available contact details in order to stop the violation. In case you do not cease the copyright infringement, we will further take all the necessary legal measures to protect our copyright.
You might have the opportunity to submit ideas, opinions, images, sounds, videos, or other content through our website, including by “tagging” us or engaging with us in social media posts or other third-party platforms (“The Content”). In such a case, you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, publicly display, any or part of the Content for the purpose of promoting ourselves, our business and our products in any territory we consider suitable. In this respect, you grant us the right to use your name in connection with the Content, if we consider appropriate. In addition, you agree to waive any right of approval for our use of the described-above rights. You represent and warrant that you have all the necessary rights to grant us these rights, and that any Content you provide will not violate, infringe the rights of any third party.
ORIGINALITY AND PLAGIARISM
SOURCE.how’s Website Content Originality – We guarantee that to the best of our knowledge, our services or information posted in any section on our website are original and they do not violate any copyrights. In case you have a fair doubt that our services or information have infringed any intellectual property rights, you agree to notify us in writing regarding any breach in order for us to take all the necessary measures to repair the issue and to act in good faith. In this respect, we will reply to your request within 7 (seven) working days from the receipt.
3.0 LIMITED WARRANTIES and LIMITATION OF LIABILITY
3.1. We do not warrant or represent:
a) The completeness or accuracy of the information published on our website, including on our “HOW-TOS” section.
b) That the website or any product/ service on the website will remain available. SOURCE.how reserves the right to discontinue or modify any or all of our website services at any time without any prior notice, including the prices of the Products.
c) The Security of the User Generated Content, including possible attacks that bypass our security measures – SOURCE.how will not be held liable for any sort of action of other users or third parties.
d) SOURCE.how does not warrant that the website’s connection to the internet will be uninterrupted, always available, or error-free.
3.2. On our website, we often use relevant links to other resources that we believe you will find useful. However, we cannot guarantee the safety of those links and we are not responsible for the content that is found there. We do our best to ensure that the links we provide are safe. However, since SOURCE.how does not control the websites on which they are made available or whether or not they are changed in the future, we cannot guarantee their safety. As a result, we cannot be held liable for the content of the external links that can be found on our website and you assume full responsibility for any direct or indirect damages caused to you by following those external links.
3.3. Although we have taken all the reasonable precautions to ensure no viruses or malware are present on our website, and the Personal Data you send to us is stored securely in our database, we can’t guarantee the efficiency of our security measures and we will not be held liable for any direct or indirect incidental or consequential damages produced to you in case of a breach of the security measures we have put in place or by your use of the website. In any case, our responsibility will be limited to the minimum allowed by law.
No data transmission on the internet can be guaranteed as fully secure. We advise you to take your own precautions to ensure you are not exposed to any risk of viruses, malicious computer code or other forms of interference which may damage your computer system or lead to loss, theft or compromise of your information and/or Personal Data. We highly recommend that you install an antivirus software to make sure your computer and network are protected. We are not liable for any damage or loss occurring to you as a result of your use of our website.
3.4. Website Content Disclaimer
The content provided in all the website sections, included in the “HOW-TOS” section is designed to offer helpful information on the subjects discussed. SOURCE.how doesn’t guarantee the accuracy or authenticity of the information provided on the website, and the User understands that the information is strictly for informational purposes, and we don’t promise any result for following any advice included into our “how-to guides” or in a different section of our website. As a result, SOURCES.how will not be held liable for any direct or indirect damages caused to you or to your business that results from you taking action according to the information provided on any of the pages of our website and we don’t guarantee any positive results in following any advice provided by or through us.
As a User, you agree to assume all the risks and responsibility for using our website and agree that we will not be held responsible for any loss or injury that results from the use of our website.
It is possible that some of the links included in our Newsletter to be affiliate links for which we will receive a commission if you make a purchase or sign up through the respective link. If the case is, all affiliate links we present to you are for services/ products that we have used ourselves. Sometimes, we might collaborate with some of the companies that we promote in order to obtain special discounts, promotions and free trials for you that you cannot obtain otherwise. In these cases, please note that we do not control whether the discounts will still be available at the time you access the links, as the third-party provider can, at any time and without notice, withdraw the discount.
4. ARBITRATION, JURISDICTION, APPLICABLE LAW & DISPUTES
Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver. Do not use our service if you do not agree to the following provisions.
4.1. You and SOURCE.how agree to resolve any claims relating to these Terms & Conditions, any additional agreements or terms, the purchase of any product, or the provision of any service, or our Privacy Policy through final and binding arbitration, except that, to the extend you have in any manner violated or threatened to violate our intellectual property rights, in which case SOURCE.how may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our service, or intellectual property infringement and for recovering any damages produced as a result of such an infringement, without first engaging in arbitration or the informal dispute-resolution process described in this section. In the latter case, such a lawsuit will be governed by the Laws of Massachusetts, and The Courts of Boston Municipal Court (Dorchester Division) shall have exclusive jurisdiction.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes between the parties more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
4.2. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, JAMS Streamlined Arbitration Rules and Procedures (“Arbitration Rules”) being applicable. The JAMS Rules and instructions for how to initiate an arbitration are available at https://www.jamsadr.com/rules-streamlined-arbitration/ or at 1-800-252-5267. To initiate arbitration, either party must do the following things:
Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a demand for arbitration at www.jamsadt.com/submit/.
Send three copies of the demand for arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA, 94111.
Send one copy of the demand for arbitration to the other party.
4.3. Payment of all filing, administration and arbitrator fees will be governed by JAMS rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in that case, we will pay for your part of the arbitration administrative costs (except for your attorney’s fees, if any). Arbitration under this agreement shall be held in Boston, Massachusetts, under the laws of Massachusetts, without regard to its conflict of laws provisions. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction and the award of the arbitrator is final and binding upon you and SOURCE.how.
4.4. You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
4.5. The Parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration.
4.6. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms & Conditions, and other related agreements shall be governed by the Laws of Massachusetts. The Courts of Boston Municipal Court (Dorchester Division) shall have exclusive jurisdiction over all transactions, business dealings & disputes between us and the User, where applicable, according to this article. You further expressly consent and agree to the choice of jurisdiction.
4.7. However, in case of a conflict or a dispute, both Parties agree to try to resolve the dispute amicably and only in case of failure will they refer it to the competent courts.
5.0 SEVERABILITY
5.1. If any provisions of this Agreement are invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that will meet the purpose of the invalid or unenforceable provision as closely as possible.
6.0 FORCE MAJEURE
6.1. Neither Party shall be liable for any failure to perform under this T&C and/or any separate agreement related when such failure is due to causes beyond that Party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy.
6.2. The party claiming force majeure shall notify the other party, within 3 business days of the event and take all possible measures in order to limit the consequences.
7.0 TERMS OF SERVICE FOR PLACING & RECEIVING AN ORDER
7.1 By placing an Order, the User expressly agrees with the present Terms & Conditions.
7.2. By placing an Order, the User expressly agrees with the Agreement to Arbitrate Disputes and with the choice of Jurisdiction in clause 4.
7.3. A written Agreement signed between the Parties, if it exists, will replace these Terms & Conditions in cases where there are contradictions between the two.
7.4. Products, whether physical or digital are described on the Sales Page where they are sold.
7.5. Services will be described on the Sales Page where they are sold and through email correspondence and conversations on the online channels chosen by the Parties. Services (as consulting services, advertising services etc.) may also involve signing a Service Agreement that will add to or complete these terms. In case of conflict between the Service Agreement and these terms, the Service Agreement will take precedence.
8.0 PAYMENT TERMS & CONDITIONS
8.1. According to the description provided in the Sales Page, the User might acquire the digital products (Short Stories) in exchange of a fee, or for free. When the User pays a fee for the digital products, the User must complete the payment through the website before the products are delivered in his e-mail inbox. Whether the digital products are acquired in exchange of a fee or for free, the User must complete the order form with the requested details that will be processed in accordance with the Privacy Policy.
8.2. When the User pays a fee, the Short Story will be delivered into his declared e-mail address in full, once. When the User chooses the option to receive the Short Story for free, then the story will be received in parts, as mentioned in the description of each story. In each case, we offer you a limited, non-exclusive, non-assignable, personal, and non-transferable license to download, display, view and use the content of the digital product exclusively for your own personal, non-commercial use, and it is prohibited to re-sell them, or re-distribute any product you get from us. You are strictly prohibited from using any product or service for any illegal or unauthorized purpose.
8.3. When the case is, the payment processor is HubSpot. Please read its Terms of Use (https://legal.hubspot.com/checkout-termsofuse) and its Privacy Policy (https://legal.hubspot.com/privacy-policy) to understand more about their service and the way they process your personal data.
8.4. When you provide us or our payment processor with payment information, you represent and warrant that you are the owner of the chosen payment method. We or our payment processor will not be liable in case you use the payment method of a third-party without being authorized in this regard.
9.0 CANCELLATIONS & REFUNDS
9.1. Unless otherwise stated in the Sales Page of the Product or Service, you don’t have the right to cancel the acquisition of a digital product like the Short Story, when you decide to pay for it and when the story is delivered in full. In case you choose not to pay for the Short Story, and it will be delivered to you in parts, then you have the option to request not to receive the other parts by following the procedure in the e-mail or by contacting us at info@source.how. In the latter case, if you contact us by e-mail, you must contact us within no more than 5 hours after receiving the first part/parts. However, no refund policy is available in either situation.
9.2. For other products that might be sold through our website, special conditions regarding cancellations & refunds will be included separately, in the Sales Page of the respective products.
10.0 FINAL PROVISIONS
10.1. SOURCE.how reserves the right to immediately suspend or terminate your use of our website, without any prior notice in case of any breach of these Terms & Conditions and you are liable for any injury occurring to us and resulting from your misuse of the Website.
10.2. If you do not agree to these Terms and Conditions or with our Privacy Policy, you must immediately cease visiting or using the Website. Continuing to use the Website will represent your tacit agreement with all these provisions. The provisions inserted in these Terms and Conditions and in the Privacy Policy will be completed with any legal provisions applicable accordingly.
10.3. In case you need any clarification regarding our Terms and Conditions, do not hesitate to contact us at info@source.how.