Terms of Use

YOUR TEEN MAGAZINE TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS” OR “AGREEMENT”) CAREFULLY BEFORE USING SITE SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO MOAI LLC. (INCLUDING YOUR TEEN MAGAZINE, YOUR TEEN, YOURTEENMAG.COM AND YOUR TEEN MEDIA (COLLECTIVELY “YOUR TEEN”).

Your Teen is always evolving; please be aware that we may change this Agreement from time to time. By continuing to use Your Teen after we post any such changes, you accept this Agreement, as modified.

Rights

You acknowledge that:

1. We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”) and;
2. This Agreement and applicable copyright, trademark and other laws govern your use of such content.
3. As between you and us, we own, solely and exclusively, all rights, title and interest in and to Your Teen, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of Your Teen, and the compilation of the content, code, data and materials on Your Teen, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of Your Teen does not grant to you ownership of any content, code, data or materials you may access on or through Your Teen.

Limited License

You may access and view the content on Your Teen on your computer or other device and, unless otherwise indicated in this Agreement or on Your Teen, make single copies or prints of the content in Your Teen for your personal, internal use only. Unless otherwise specifically indicated in these Terms and Conditions or on Your Teen, use of Your Teen and the services offered on or through Your Teen, are only for your personal, non-commercial use.

Links

You are free to encourage others to access the information on Your Teen. We welcome links to Your Teen. You are free to establish a hypertext link to Your Teen so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner.

No Framing

Without our prior written consent, you may not frame, or in-line link to, any of the content of Your Teen, or incorporate into any other website or service any of our intellectual property.

Marks

We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on Your Teen without the prior written consent of the owner of the mark, including ours.

Submissions and Messages

Responsibility for what is posted in any public forums on Your Teen lies with each user–you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use Your Teen to send or submit materials:

1. that are false, inaccurate or misleading;
   that infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
   1. that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
   2. that are libelous, threatening or harassing;
   3. that are obscene or contain any kind of pornography;
   4. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
   5. that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
   6. that interfere with the ability of others to enjoy Your Teen;
   7. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Your Teen;
   8. that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include;
   9. that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
   10. that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

That said, we are most often a passive conduit for the information users submit. We cannot and do not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of Your Teen if we believe you are violating any of the terms of this Agreement and to edit, remove, or relocate any submission as we see fit, whether for legal or other reasons.

If users share contact information in public posting areas, you may not use such information for any commercial purpose, to send chain letters, junk mail, “spam,” or other bulk communications or for developing lists. Any such use by you will be a violation of this Agreement. Your use of Your Teen is limited to personal, non-commercial purposes. Your commercial exploitation of Your Teen is strictly prohibited, unless we grant prior written permission.

Our information collection and use policies with respect to the privacy of our users are set forth in Your Teen’s Privacy Policy which is incorporated herein by reference for all purposes.

Your License to Us

By submitting material to or through Your Teen, you grant us and our partners, agents, affiliates and service providers (collectively, “Affiliates”), the non-exclusive right to reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed. You agree that we and our Affiliates may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. You also permit any other user to access, display, and print such content for personal use. By submitting material to us, you are representing that such material does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner.

Right to Monitor & Editorial Control

We reserve the right, but do not have an obligation, to monitor and/or review all materials posted on Your Teen or through the Your Teen’s services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Use, our policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

Indemnification

You agree to defend, indemnify and hold us and our Affiliates and our Affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of Your Teen, your placement or transmission of any message, content, information, software or other materials through Your Teen, or your breach or violation of the law or of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such matter.

Third Party Services

As a convenience to you, we may provide links to third-party websites. Those websites and the parties that control them are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us – nor will we be deemed – a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.

Discontinuance, Modification & Restrictions

We may discontinue, change, suspend, or restrict access to Your Teen or any portion of Your Teen at any time without liability to you or any third party.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF YOUR TEEN IS AT YOUR SOLE RISK. YOUR TEEN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR TEEN, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, MATERIALS AND SERVICES AVAILABLE THROUGH YOUR TEEN. WE DO NOT GUARANTEE YOUR TEEN TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH YOUR TEEN, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA. YOUR TEEN IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER YOUR TEEN NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN YOUR TEEN, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR TEEN IS NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.

YOUR TEEN, ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH YOUR TEEN OTHER THAN THOSE EXPRESS WARRANTIES BY YOUR TEEN ITSELF.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE YOUR TEEN OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA YOUR TEEN, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH YOUR TEEN. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF YOUR TEEN EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF YOUR TEEN OR PURCHASE OF PRODUCTS VIA YOUR TEEN.

Applicable Law

Your Teen is controlled and operated from the state of Ohio in the United States of America. Those who choose to access Your Teen from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Agreement constitutes an agreement made in, and to be construed in accordance with the laws of, the State of Ohio without regard to its conflict of law provisions. By using Your Teen, you consent to the exclusive jurisdiction of the state and federal courts in Cuyahoga County, Ohio, in all disputes arising out of or relating to this agreement or anything relating to Your Teen.

Dispute Resolution

You agree not take any legal action against us without first (a) sending us, via email — receipt of which has been confirmed by us, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute.

Copyright Agent

We respect the intellectual property rights of others, and require that the people who use Your Teen, or the services or features made available on or through Your Teen, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• AGENT NAME: Rachel Weiser
  e-mail: rmw@milanolaw.com
• For CUSTOMER SERVICE, please contact Your Teen Media.

Miscellaneous

In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Agreement, or to exercise any right under the Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance.

Entire Agreement

This Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.

These Terms and Conditions were revised 12/15/2015