Thursday, November 15, 2018

Terms of Use — jGirls Magazine

Introduction

jGirls Magazine (collectively “us” or “we”) is the operator and host of the www.jgirlsmagazine.org website (together with its sub-domains and associated services, including but not limited to, emails from jgirlsmagazine.org and its sub-domains, and social media sites operated by jGirls Magazine, the “Site”). This document sets forth the terms and conditions (as amended from time to time, the “Terms of Use”) governing your use of the Site. Certain features of the Site, such as the Submissions feature, may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Site in connection with such features. Our privacy policy (the “Privacy Policy”) is incorporated by reference into the Terms of Use.

The Terms of Use and the Privacy Policy set forth the legally binding terms for your use of the Site. Your use of the site indicates your acceptance of the Terms of Use and the Privacy Policy. If you do not accept the Terms of Use or the Privacy Policy, you may not use the Site. The Terms of Use and the Privacy Policy are subject to change at any time by us by posting them on the Site. It is your obligation to review the Terms of Use and the Privacy Policy from time to time. Any change to the Terms of Use and the Privacy Policy will be effective immediately upon posting them to the Site. Your continued use of the Site will constitute your agreement to the most current version of the Terms of Use and Privacy Policy. If at any time you do not agree to the Terms of Use or the Privacy Policy, you must cease your use of the Site. Violation of the Terms of Use may, in our sole discretion, result in the suspension or termination of your account on the Site or the blocking of your IP address.

If after reviewing the Terms of Use and the Privacy Policy, you have any questions or concerns regarding their contents, please contact us by sending an email to info@jgirlsmagazine.org.

Age Restrictions

The Site is not directed to individuals under the age of 13. You must be 13 years or older to use the Site. By using the Site, you represent that you are at least 13 years of age.

No Professional Advice

Your use of the Site is at your own risk. By using the Site, you acknowledge that we are providing the Site for informational purposes only, and that we are not providing the Site to you for the purpose of making medical or mental health diagnoses or giving you any medical, mental health or other professional advice. We encourage you to consult with a physician or mental health professional in connection with any and all medical or mental health decisions and independently verify any information found on the Site on which you intend to rely.

Acceptable Use Policy

You agree not to use the use or access the site for any purpose other than that for which we make the Site available. Prohibited activities include:

  1. deleting the copyright or other proprietary rights notice from any Site content,
  2. attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site,
  3. attempting to impersonate another user or person or using the username of another user,
  4. criminal or tortious activity or using the Site in a manner inconsistent with any and all applicable laws and regulations,
  5. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site,
  6. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools,
  7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software,
  8. collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses,
  9. using the Site to forge e-mail headers, or send bulk unsolicited e-mail messages,
  10. systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission, and
  11. tricking, defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as passwords.

Violation of this acceptable use policy may result in civil or criminal liability in addition to the termination of your access rights. We have the right, but not the obligation, to monitor use of the Site to determine compliance with the Terms of Use, including this acceptable use policy, and/or to satisfy any law, regulation or government request.

User-Contributed Content

You may be allowed to publish or submit material to the Site, which will be generally available to all users of the Site. By submitting material on or by means of the Site, you expressly acknowledge and agree that you and only you will be responsible for such material and for any consequences that arise therefrom. You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to material that you submit on or by means of the Site.

You agree not to upload, submit, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express legal right to do so. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright, trademark or other proprietary right. You further agree that you will not submit any material that:

  1. violates any law, statute, ordinance or regulation,
  2. is subject to an exclusivity agreement with a third party that prohibits publication of such material on the Site,
  3. is, or may reasonably be considered to be, obscene, defamatory, libelous, hateful, disparaging, racially or religiously biased or offensive, abusive, threatening or harassing to any individual, entity or group,
  4. includes any information that contains any personally identifiable information about an individual including addresses, email addresses, contact information or phone number,
  5. contains any computer viruses, worms or other potentially damaging computer programs or files,
  6. is lewd, profane, obscene, vulgar or indecent, including any content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts, or
  7. offers or disseminates any fraudulent goods, services, schemes or promotions, unsolicited mass mailing, spam or unauthorized advertising.

By submitting material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You grant us a non-exclusive, royalty-free transferrable, sublicensable, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display any material you make available to us. This license ends when you notify us in writing at info@jgirlsmagazine.org that you would like us to remove all content submitted by you to the Site. You will indemnify us for, from and against all claims, losses, costs and expenses resulting from the content and information you supply.

We have the right, in our sole discretion, to edit, redact, refuse to post or remove any material submitted to or posted on the Site including, but not limited to, material that is unlawful, offensive, harassing, threatening, harmful, libelous, defamatory, obscene, pornographic, gambling-related, racist, graphic or otherwise objectionable or not wholly owned by or validly licensed to you.

We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in material submitted by other users for public display through the Site.

Site Content

You understand that by using the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. It is your responsibility to evaluate, and we make no guarantees regarding, the accuracy, completeness, currency, suitability or quality of any content of the Site. Under no circumstances will we 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 as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site or broadcast elsewhere.

Your Use of Information Contained on the Site

All contents on the Site, including trademarks, service marks and logos, are the property of us or the respective owners of such content and are protected by U.S. laws and international treaties. We authorize you to view and download a single copy of the content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell or distribute the content on the Site, or use it in any other way for public or commercial purpose.

The “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of the respective owners of the Marks, as indicated. You may not use the Marks for any purpose whatsoever other than with the express written consent of jGirls Magazine.

You acknowledge that the permission granted in this section does not constitute an endorsement by us of you or your use of the information and content. Please contact us directly for special copyright permissions.

Linking to Other Sites

We do not endorse, warrant or otherwise guarantee the substance of any third party websites linked to on the Site. We will have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Site. Access to third party websites from the Site is done at your own risk.

Posting Comments

The Site may invite you to comment on content contained on the Site. Certain comment functionality is provided by Disqus, Inc. (“Disqus”). We will have no liability or responsibility whatsoever for any content or information you provide to Disqus. Please refer to Disqus’s terms of service and privacy policy for terms governing use of their services.

Compliance with Law

You agree to comply with all applicable laws, rules and regulations applicable to use of the Site.

Disclaimer of Warranties and Limitation of Liability

We assume no responsibility for the activities or conduct of other users on the Site.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS TO THE OPERATION OF THIS SITE, OR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Indemnification

You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of the Terms of Use.

Dispute Resolution

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.

THIS SECTION PROVIDES THAT, EXCEPT FOR THE SPECIFIC EXCEPTION STATED BELOW, ANY DISPUTE BETWEEN YOU AND jGIRLS MAGAZINE MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. You will bring any claim, dispute, or controversy against jGirls Magazine arising from these Terms of Use or your use of the Site or any information you receive from us (each a “Claim”) only through mandatory, binding arbitration as provided in this paragraph. All Claims, other than injunctive relief, are subject to arbitration, no matter what theory they are based on or what remedy they seek. The arbitration will be conducted as an individual arbitration. Neither you nor jGirls Magazine consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. American Arbitration Association (“AAA”) will administer the arbitration. The AAA will apply its rules, codes, or procedures in effect at the time the arbitration is filed. The arbitration shall be before a single arbitrator. All fees, including attorneys’ fees, will be allocated in accordance with the AAA rules.

Copyright Policy

We respect the intellectual property of others, and we ask users of the Site to do the same. In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement

If you believe that any material on the Site infringes upon any copyright which you own or control, or that any link on our Site directs users to another website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below. Notifications of claimed copyright infringement must be sent to our designated agent for notice of claims of copyright infringement. Our designated agent may be reached as follows:

Designated Agent: Copyright Officer
Address of Designated Agent: 25 Broadway, Suite 1700, New York, NY 10004

E-mail Address of Designated Agent: info@jgirlsmagazine.org

Miscellaneous

These Terms of Use constitute the entire agreement between you and us regarding your use of the Site. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles. The failure of jGirls Magazine to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against jGirls Magazines and its affiliates, service providers, employees, agents, licensors, and partners, arising out of or related to use of the Site or the Terms of Use, must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Additional Information

If you have any questions about these Terms of Use, please contact us at info@jgirlsmagazine.org.

Last Revised: June 6, 2017

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