Terms of Use

(Revised May 1, 2015)

1.    Acceptance of Terms

ThirteenWaysMagazine.com and its affiliates provide our Internet Sites and the content, access

to Postings and Forums and Services offered on or through those sites, to you subject to the

following terms. By using our Services, you are agreeing to these terms. Some Services may be

subject to additional posted rules, policies and terms, and your use of those Services means those

additional terms become part of your agreement with us.

2.    Description of Services; Use of Content; Forums

The Services include a combination of content that we create and that other third parties create.

In addition, some Services provide you and other users with an opportunity to submit, post,

display, transmit and/or exchange information, ideas, opinions, photographs, images,

video, creative works or other information, messages, transmissions or material to us or

others on or through that Service .

We adhere to high journalistic standards, and use every reasonable effort to provide informative

and relevant content as part of the Services. However, in using the Services, you may be exposed

to content or Postings that you find offensive, indecent, objectionable or that are inaccurate and

you bear all risks associated with using all content. You understand that we do not guarantee the

accuracy, integrity or quality of any content or Postings available on or through the Services,

including, but not limited to, surveys or survey results, or other Postings on any bulletin board,

chat, news group, community, forum or other feedback section of the Services (collectively, the

“Forums”).

Some of our Services give you the opportunity to participate in Forums operated by us or by a

third party. Please remember that if you publicly disclose personally identifying information,

such as your name or email address, in connection with a Forum, the information may be

collected and used by others. You should also take reasonable precautions with regard to any

material you download from or through Forums (for example, scanning for viruses or other

damaging computer programming routines). Finally, you agree to use the Forums only to send

and receive messages and material that are proper and related to that particular Forum.

3.    Third Party Services.

You understand that from time to time, you may communicate with, receive communications

from, or otherwise participate in or use the services or obtain goods and services of or from, third

parties (e.g., advertisers) as a result of your use of the Services. All such communication,

interaction and participation is strictly and solely between you and such third party, and we shall

not be responsible or liable to you in any way in connection with these activities or transactions

(including, but not limited to, any representations, warranties, covenants, contracts or other terms

or conditions that may exist between you and the third party, or any goods or services you may

purchase or obtain from any third party). In particular, the appearance or availability of links to

third party sites on or through the Services does not constitute an endorsement by us with respect

to the content, advertising, products, or other materials available on or from such sites.

4.    General Rules of Conduct

Your use of the Services is subject to all applicable local, state, national and international laws

and regulations, and you agree not to violate such laws and regulations. In addition, you agree

that:

you will not interfere with another user’s use and enjoyment of the Services;

you will not interfere with or disrupt the security measures of the Services; and

You further agree that you will not use the Services to:

send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited

messages, or so-called “spamming”;

harm minors in any way; or

promote or generate revenue for any business or commercial purposes, whether or not for a

charge or through linking with any other web services or pages, unless authorized by us in

writing in advance.

5.    Postings

Although we reserve the right to edit Postings in the Forums prior to their inclusion on the

Services, as a general matter, we do not screen the Postings. Therefore, you understand that you

are solely responsible for all Postings and other materials, whether publicly posted or privately

transmitted, that are uploaded, posted, emailed, transmitted or otherwise made available from

your email address on our through the Services. You further agree that your Postings will not

violate these terms.

The Postings do not reflect our views. We do, however, enforce these terms, and if we determine

in our sole discretion that any Posting is inaccurate, was posted without authorization, or

otherwise does or may violate these terms, we reserve the right, at any time, without prior notice,

to (a) modify, refuse to permit or remove the Posting; (b) revoke the applicable user’s right to use

the Services; and/or (c) use any technological, legal, operational or other means available to

enforce the provisions of these terms, including, without limitation, blocking specific IP

addresses or deactivating the applicable user’s registration.

You represent and warrant to us that your Postings will not contain any material that:

is false, inaccurate, or misleading;

infringes any third party’s copyright, patent, trademark, trade secret or other proprietary

rights, or rights of publicity or privacy;

is defamatory, constitutes trade libel or product disparagement, or is otherwise unlawful

is obscene or contains child pornography; or

contains viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other

computer programming routines that may damage or interfere with the operation of any

system, or unlawfully intercept any data or personal information.

You further represent and warrant that your Postings will be original and/or you will obtain all

third-party permission necessary for the use of the Postings as set forth below.

Finally, you specifically grant us a perpetual, worldwide, royalty-free, irrevocable, nonexclusive,

sublicensable right and license to:

use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,

perform and display all Postings submitted by you or through your account, in whole or in

part;

use, in whole or in part, your name, likeness, photograph, voice, company name, screen

name, e-mail address and/or other identifying information submitted by you as part of or in

connection with such Postings (“Image”), and reproduce, publish, create derivative works

from, distribute, perform and display materials containing the same; and

incorporate the Postings and the Image in other works in any form, media or technology now

known or later developed throughout the universe, and reproduce, publish, display and

otherwise distribute the same.

6.    Company Proprietary Rights

All Services software, design, text, images, photographs, illustrations, audio and video material,

artwork, graphic material, database, proprietary information and all copyrightable or otherwise

legally protectible elements of the Services, including, but not limited to, all content posted

within the Sites and the selection, sequence and ‘look and feel’ and arrangement of items, and all

trademarks, service marks and trade names, excluding any of your Postings (individually and/or

collectively, “Material “), are our property and are legally protected under U.S. Federal and

State, as well as applicable foreign, laws, regulations and treaties. The compilation of all content

on each site is our exclusive property. You may not reproduce, modify, create derivative works

from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party

(including, without limitation, on or via a third party web site), or otherwise use, any materials

contained on the Services (except for your Postings) without our prior written consent. In

particular, you may not link to or frame any Material our prior written consent.

7.    Registration/Subscription Obligations

Some of our Services require that you register with or subscribe for that Service in order to

access or use it. If such registration or subscription is required, you agree that you will provide

accurate information (such as your real name and a valid e-mail address) and will update your

relevant information if it becomes outdated. For more detailed information about how we treat

the registration information you provide to us, please see our Privacy Policy which is incorporated by

reference into these terms (and therefore a part of

your agreement with us).  If we issue you a password, you agree to help protect your information

by guarding that password, and by changing it as soon as possible if you believe its security has

been compromised. If we allow you to choose a username and you select one that is obscene,

indecent, abusive or which is otherwise objectionable, we have the right, without prior notice to

you, to automatically change your username, delete your Postings under it, deny you access to

the Services, or any combination of these options. You may not transfer your registration,

password or user name to another person or share it with anyone. We will not be responsible for

any loss or damage that may result if you fail to comply with these requirements. If you believe

your information has been used without your authorization, you agree to notify us immediately.

8.    Service Deactivation or Termination

We have the right, but not the obligation, to take any of the following actions, in our sole

discretion, at any time and for any reason without giving you any prior notice:

Restrict, suspend or terminate your access to all or any part of our Services;

Refuse, move, or remove any content Postings that are available on or through the

Services;and

Establish general practices and limits concerning use of the Services.

9.    Indemnification

You hereby agree to indemnify, defend and hold us harmless from and against any and all

liability, losses, expenses, damages and costs (including attorneys’ fees), we incur in connection

with any claim arising out of your use of the Services, any use or alleged use of your accounts or

your passwords by any person, whether or not authorized by you, the content you submit, post,

transmit or make available through the Services, your violation of these terms, your connection

to the Services, or your violation of the rights of any other person or entity. We reserve the right

to assume the exclusive defense and control of any claim, action or other matter for which you

are required to indemnify us.

10.    Disclaimers of Warranties

THE SERVICES, SITES (AND ALL CONTENT POSTED THEREIN), MATERIALS,

FORUMS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS

AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY

OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE

SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE,

OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE

AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE

CORRECTED. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER

PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR

DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING

BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE,

SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS,

LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT

RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF

SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES,

YOU AGREE THAT IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE

LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN

NO EVENT SHALL THE TOTAL LIABILITY OF ANY COMPANY PARTY TO YOU FOR

ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE

HUNDRED DOLLARS ($100.00).

11.    Miscellaneous

This site is created, controlled and operated by us in the USA, and is intended solely and

exclusively for residents of the United States and its territories.  If you choose to access this site

from another location, you are responsible for complying with local laws, if and to the extent that

local laws apply.  The Services are directed to adults and is not directed to children under the age

of 13. We cannot prohibit minors from visiting the website or using the Services, so we must rely

on parents, guardians and those responsible for supervising children under 13 to decide which

materials are appropriate for such children to view and/or purchase. We comply with the

Children’s Online Privacy Protection Act and do not permit registration by and will not

knowingly collect personally identifiable information from anyone under 13. This requirement

will be posted wherever we collect data within the website, such as during the registration

process. These terms, including the policies referred to in these terms, constitute the entire

agreement between you and us and govern your use of the Services, superceding any prior

agreements between you and us. These terms cannot be changed or terminated orally. We may

be required by state or federal law to notify you of certain events. You hereby acknowledge and

consent that such notices will be effective upon our posting them on or through the Services or

delivering them to you through email. You agree that these terms may be automatically assigned,

in whole or in part, by us, in our sole discretion, in connection with a merger, acquisition,

reorganization or sale of substantially all of our assets, in whole or in part.  The formation,

construction and interpretation of this agreement shall be controlled by the laws of the

Commonwealth of Virginia, giving no effect to choice of law provisions.  Any dispute relating to

this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in

Montgomery County, Virginia, U.S.A., and the parties agree to submit to the personal and

exclusive jurisdiction of these courts.  You agree that, except as otherwise expressly provided in

these terms, there shall be no third party beneficiaries to this Agreement.  Our failure to exercise

or enforce any right or provision of the terms shall not constitute a waiver of such right or

provision. You agree that regardless of any statute or law to the contrary, any claim or cause of

action arising out of or related to use of the Service or the terms must be filed within one (1) year

after such claim or cause of action arose or be forever barred.

12.    DMCA; Trademark Violations

Materials may be made available via the Services by third parties not within our control. We are

under no obligation to, and not, scan content used in connection with the Services for the

inclusion of illegal or impermissible content. However, we respect the copyright and trademark

interests of others. It is our policy not to permit materials known by us to infringe another party’s

copyright and/or trademark to remain on the Services. If you believe any materials on the

Services infringe a copyright and/or trademark, you should provide us with written notice to our

designated agent identified below that, at a minimum, contains:

1.  A physical or electronic signature of a person authorized to act on behalf of the owner

of an exclusive right that is allegedly infringed;

2.  Identification of the copyrighted work or trademark claimed to have been infringed,

or, if multiple copyrighted works or multiple trademarks at a single online site are covered by a

single notification, a representative list of such works/trademarks at that site;

3.  Identification of the material that is claimed to be infringing or to be the subject of

infringing activity and that is to be removed or access to which is to be disabled, and information

reasonably sufficient to permit us to locate the material;

4.  Information reasonably sufficient to permit us to contact the complaining party, such

as an address, telephone number, and, if available, an electronic mail address at which the

complaining party may be contacted;

5.  A statement that the complaining party has a good faith belief that use of the material

in the manner complained of is not authorized by the copyright or trademark owner, its agent, or

the law; and

6.  A statement that the information in the notification is accurate, and under penalty of

perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive

right that is allegedly infringed.

All DMCA notices and trademark infringement notices should be sent to our designated agent as

follows: [Molly Upthegrove, thirteenwaysmagazine@gmail.com]

It is our policy to terminate relationships regarding content and Postings with third parties and/or

users who repeatedly infringe the copyrights and/or trademarks of others.