LiNE Zine - Terms of Use

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BEFORE USING THE LINEZINE SITE, PLEASE READ THESE TERMS OF USE CAREFULLY. THEY DESCRIBE YOUR OBLIGATIONS WHEN YOU USE THIS SITE.

1. Definitions:

“Agreement“ means the terms and conditions set forth below.

“LiNE Zine,” ("we," and "us") means the provider of this message board, e-zine and all related services (collectively, the “Site”).

“Materials” means suggestions, notes, articles, postings, ideas, concepts or other content.

“Site user”. (“you”, “your”) means the person using the site.

“Software” means any software used on this Site, including any files, images or data generated by or accompanying such software.

2. Your Promise

By using this Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.

3. Our Right to Make Changes to this Agreement

We reserve the right at any time to make changes to the terms of this Agreement, for example, charging fees for the use of the Site or eliminating any features of the Site.

Any changes we make will take effect immediately upon our notice to you. We may give you notice by posting new terms on the Site, sending you an e-mail or by any other means we choose. Your use of the Site after we have given notice will constitute your acceptance of the changes. Be sure to review this Agreement periodically to ensure that you are familiar with the most current version.

4. Code of Conduct.

While using this Site and/or Software, you agree not to take any of the actions listed below:

Hacking You will not take any steps to stop other visitors from using this Site.
False Representations You will not express or imply that any statements you make are endorsed or authorized by us, unless you have our prior written consent;
Transmission of Objectionable Information You will not transmit (a) any information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any trade secret or proprietary information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (unless you have our prior written consent), or engage in spamming or flooding; You also will not transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive components;
Modification of the Site You will not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software or remove any copyright, trademark, or other proprietary rights notices contained in the Site;or frame" or "mirror" any part of the Site unless you have our prior written consent; or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or change the navigational structure or presentation of the Site or its contents; or
Collection of Information You will not collect information about Site visitors without their express consent.
Other Unlawful Purposes You will not use the Site or Software for any unlawful purposes.

5. Compliance with All Applicable Laws

While using the Site and/or Software, you agree to comply with all applicable laws, rules and regulations.

6. Registration.

You do not need to register in order to view postings or other content on the Site. However, you will need to register if you want to post or reply to postings on the Site. If you register, you agree to give us accurate information about yourself as requested on our registration form (including your email address) and to update your information (including your email address) to keep it accurate. Accurate means that your information will be true, current and complete. You agree that, if any information provided by you is inaccurate, we have the right to terminate this Agreement and your use of the Site.

In order to register, you need to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal or protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. You are entirely responsible for maintaining the confidentiality of your USERNAME and password and entirely responsible for any and all activities THAT ARE CONDUCTED THROUGH YOUR ACCOUNT, AND ALL CONSEQUENCES THEREOF (INCLUDING LIABILITY FOR ANY CLAIMS ARISING OUT OF POSTINGS OR REPLIES USING YOUR USERNAME AND/OR PASSWORD, AS APPLICABLE).

7. Submissions and Postings.

A. Our Right to Use Any Materials You Submit to this Site

By sending us or posting to the Site any Materials, you agree to grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to reproduce, distribute (through multiple tiers), edit, compile, create derivative works of, publicly perform, publicly display, and otherwise use such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Materials shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

B. Your Warranty That You Have the Right to Materials You Post on this Site

By sending such Materials to us, you represent and warrant that you either own all right, title and interest (including without limitation all intellectual property rights) in and to, or are the original creator of, or otherwise have the right to reproduce, submit for posting, distribute, license and otherwise use the Materials.

8. No Liability for Postings.

We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site by third parties, whether such third parties are visitors to the Site, members of the LiNE Zine community, or otherwise. We are not responsible for any inaccuracies, errors or omissions in articles or postings, for hyperlinks embedded in messages or other content, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

9. Our Right To Monitor the Site

We have no obligation to monitor the Site, or any other materials that you or other third parties transmit or post on to the Site. However, you agree that we have the right (but not the obligation) to monitor the Site and the materials you transmit or post; to edit, rearrange, alter or remove any such materials (including, without limitation, any posting or article); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests.

10. Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by LiNE Zine infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send LiNE Zine a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there can be penalties for false claims under the DMCA.

11. Ownership and Restrictions on Use.

The Site (and all content and features thereof) is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written consent, except that you may download one (1) copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

If you download any Software from the Site, such Software, is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights to it. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.

[LiNE Zine, the LiNE Zine logo, and other LiNE Zine products or services referred to on the Site are trademarks and/or service marks of LiNE Zine.] All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

12. Jurisdictional Issues.

The Site is solely directed to individuals residing in the United States. We control and operate the Site from within the State of California, United States of America. We make no representation that materials in the Site are appropriate or available for use in other locations. Persons who access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with any applicable local laws. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

We reserve the right in our sole discretion to limit the availability of the Site and/or the provision of any service, program, film, or other product to any person, geographic area, or jurisdiction at any time, and to limit the quantities of any such service, program, film, or other product that we provide.

13. Use of Data and Privacy.

Please review our Privacy Policy which discusses and governs (in addition to this Agreement) any information you submit in connection with the Site.

14. Termination.

We reserve the right to immediately terminate this Agreement, and/or your access to the Site at any time and for any reason. Upon termination, you agree to destroy all materials obtained from the Site and all copies of such materials.

15. Disclaimers.

THE SITE, THE MATERIALS ON THE SITE, ANY LINK ON OR THROUGH THE SITE, AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LINE ZINE AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. LINE ZINE AND ITS AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

16. Limitation of Liability.

NEITHER LINE ZINE NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES OR AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SOFTWARE AND/OR CONTENT CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR SOFTWARE, AS APPLICABLE.

17. Indemnification.

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your violation of the Code of Conduct above; and/or (d) your activities in connection with the Site.

18. Miscellaneous.

This Agreement is governed by and construed in accordance with the laws of the State of Virginia, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Vienna, Virginia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with LiNE Zine's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision.