Terms of Use

  1. GENERAL MATTERS & YOUR AGE:  This agreement ("Agreement") governs the use of and access by users or subscribers ("you") to the webservice ("webservice") of TWELV magazine. TWELV is the business name for MARBLES & MARBLES INTERNATIONAL INC., ("corporation" or "we", "us", "our"), which owns the magazine known as "TWELV". The corporation, doing business as TWELV, is the other party to this Agreement. The web address for TWELV is www.twelvmag.com. By clicking the "AGREE" button at the end of this Agreement, you are agreeing to be legally bound by it. If you do not wish to agree, then you should not click the "AGREE" button or use the webservice. By clicking "AGREE", you are also giving a warranty that you have either (i) reached your 18th birthday or (ii) that you are 14, 15, 16 or 17 years old and that your parent or guardian has agreed to your use of the webservice.
  2. USE OF CREDIT CARDS, DEBIT CARDS & OTHER FORMS OF ON-LINE PAYMENT:  When you subscribe to the service or buy an issue of TWELV from us on-line, or any other product or service on the webservice pages, you are promising that the credit card, debit card or any other form of payment method you use is either yours to use as of right, or that you have the owner’s permission to use it for the purchase in question.
  3. CHANGES TO AGREEMENT:  We have the right to change the Agreement at any time as we see fit and by accepting this Agreement in its current form, you also accept such future modifications to the Agreement which we may make from time to time, in the exercise of our sole discretion. Any modified or changed version of this Agreement will be posted on-line and shall be readily available. We reserve the right to create further terms and conditions for use of the webservice from time to time, as the need arises, in the exercise of our sole discretion.
  4. VIOLATION OF AGREEMENT:  If we determine, in the exercise of our sole discretion that you have violated any part of this Agreement, or have helped some other person to do so, we have the right to cancel your subscription to the webservice and to prevent your access to it, without notice, and/or to seek any other remedies available to us in law or equity, including injunctive relief and damages.
  5. REGISTRATION, PERSONAL USE, ACCESS TO WEBSERVICE:  As a condition for access to the webservice, you agree that you are first required to register with us by entering accurate, truthful information about yourself, which you promise to keep updated. You agree that the use to which we may put such information shall be governed by our privacy policy. When you register for the webservice, you will be provided with a user ID and password which you promise to keep confidential and not to share with other people. You agree that if you share your user ID and password with other people this will be grounds to terminate your subscription and you further agree that you will be fully liable for any third party’s use of the webservice. You promise that only you, personally, will use the webservice. You further agree not to interfere with the operation of the webservice through hacking, blocking or otherwise interfering with its operation. You agree that you will only log-in to the webservice using your own user ID and password and not by any other means, or attempt to do so, or attempt to gain access to any other part of the website, or to our electronic data. You agree that our electronic data and the information we hold about users and subscribers is a trade secret and that it belongs to us.
  6. COMMENTS, POSTINGS, SUBMISSIONS OF MATERIAL:  You acknowledge and agree that any comments posted on any "open-forum", "comments", "chat areas" or "blog" style pages within the webservice reflect the views and opinions of the persons who post the same and not our opinions, or the opinions of our affiliates, employees, officers and directors and suppliers. You agree that if you make comments or postings for inclusion within the webservice, you will not submit any obscene, defamatory, derogatory or inflammatory material. You agree that we retain full editorial control over the webservice and its content and that we have the right in our sole discretion, without notice to you, to remove or delete any part of the webservice, or any part of its content, which violates or may violate any third party right, or which violates our editorial policies, or which is obscene, defamatory, derogatory or inflammatory, or which may incite crime, or which may be construed as falling within any of the foregoing. Furthermore, you agree that if you submit any material for publication to the webservice or to us, you warrant that the material belongs to you, that it is your own individual, original creation and that you have the right to so submit it, and that your submission does not violate or infringe upon the rights of any third party. Where you make such a submission, you agree that you are giving us an irrevocable license to make such use of the material you have submitted as we see fit, including worldwide commercial use for profit, for such period as is permitted by law, and that you waive all rights you may have in the submitted material, including moral rights; you agree that we shall have the right to reproduce, alter, modify, copy, adapt, publish, give, sell or otherwise deal commercially with the material you have submitted. You further agree that such submission and the commercial use of submitted material by us shall not obligate us to compensate you financially in any manner, unless we decide to enter into a separate, written agreement.
  7. INDEMNIFICATION:  You agree that you further warrant that you shall indemnify and hold harmless the corporation, together with all its affiliates, employees, officers and directors and suppliers, from and against any third party claim, lawsuit, demand, action, damages, legal fees, judgments and any other form of legal process, arising from your use of the webservice in violation of this Agreement, or arising from any use by you of the webservice which violates any third party right. You agree that this warranty of indemnification which you are giving includes an obligation by you to pay our reasonable legal fees where legal claim(s) are made against us, regardless of whether you are a party to the legal action in question and regardless of its outcome.
  8. LIMITATION OF LIABILITY:  You agree that the webservice is made available "as is" and that we assume no liability either expressly or implicitly for its quality, reliability or any of its particular characteristics. Accordingly, you agree that we shall not be liable to you in any manner if the webservice becomes partially or completely unavailable, whether permanently or temporarily, regardless of reason. We do not guarantee access to the service under all conditions and we do not guarantee that it will be available or safe to access it under all circumstances. We reserve the right to suspend or terminate the operation of the webservice without notice at any time for any reason. To the extent permitted by law, you waive any right or claim you have or may have against the corporation, together with all its affiliates, employees, officers and directors and suppliers, arising from your use of the webservice, its content, or its functioning or non-functioning. This waiver by you includes a waiver of any claim or right arising you may have from your entry into contractual or other commercial relations with any third party, in reliance upon the webservice, its content, or its functioning or non-functioning.
  9. OWNERSHIP OF WEBSERVICE & CONTENT:  You agree that the webservice and all its content belongs to us for all purposes, anywhere in the world. You agree that you will not make any commercial use of the webservice or its content and that your use will be for private, non-commercial, domestic use only. You agree that you may not adapt, alter or create a derivative work from the webservice or its content except for your own private, non-commercial, domestic use. You agree that you will not use the webservice or its content to infringe upon any third party rights of any description, including intellectual property rights to trademarks, copyright and patents and so forth.
  10. GOVERNING LAW, JURISDICTION, GENDER, NUMBER:  This Agreement shall be construed and interpreted according to New York law without regard to any rules regarding conflict of laws. The courts of the City or State of New York, situated in New York County shall have sole and exclusive jurisdiction, as appropriate, over any action or proceeding arising from this Agreement or your use of the webservice. You agree to waive trial by jury in any such action or proceeding.
  11. INTERPRETATION:  You agree that this Agreement shall not be regarded as the drafting product of one party rather than the other and that the rule of contractual construction known as 'contra proferentem' shall not apply to its construction and interpretation. You agree that gender and number are immaterial to the interpretation this Agreement.
  12. TERMINATION:  You agree that we have the right to terminate your subscription and prevent your use of the webservice in the circumstances referred to in paragraph 4 above. In addition, you agree that we have the right to terminate your subscription and prevent your use of the webservice, without notice, where you have not paid us any charges or fees owed by you and any applicable grace period has passed. We agree that you may terminate your subscription at any time by unsubscribing from the webservice and paying us any charges owed by you.
  13. SEVERANCE & WAIVER:  You agree that if any part of this Agreement shall be determined to be unenforceable for any reason, such part may be severed but the remainder of the Agreement shall be enforceable to the extent allowed by law. You agree that whenever we have the right to do or not to do something pursuant to this Agreement, and we do not exercise our right, any such waiver of our right on that occasion shall not operate as a waiver by us of the right in question for future purposes.
  14. PROVISIONS SURVIVING TERMINATION:  Paragraphs 1,2, 4, 5, 6, 7, 8, 9, 10, 11, 13 shall survive the termination of this Agreement. All other provisions of this Agreement shall survive termination to the extent necessary to give effect to its terms.
  15. COMPLETE AGREEMENT:  You agree that this Agreement is the complete, integrated expression of the agreement of the parties hereto and that all prior representations, writings, understandings, and so forth are merged herein. You further agree that this agreement may not be orally modified and that any change to it shall be made in accordance with paragraph 3 hereinabove.

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