TERMS OF USE

 

TERMS OF USE

This Agreement sets forth the terms that apply to your use of the AMERICAN SUBURB X / ASX magazine website (the “Site“). The Site is owned and operated by our company American Suburb X, LLC., a California corporation.

Your use of the Site constitutes your acceptance of these terms.

1. General

Ancillary Sites & Services.  References in this Agreement to the Site will be deemed to include not just the www.americansuburbx.com website itself but also any and all ancillary websites or Internet services (such as any version of the Site maintained for mobile users) and any ancillary services, activities or materials that we may provide in connection with the Site (such as any e-mail newsletter to which Site users may subscribe).  The terms of this Agreement will apply to the Site and all such ancillary items.

Right to Modify. We will have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content, pages, participatory areas, hours of availability, and equipment or formats needed for access or use. Such changes, modifications, additions, deletions or other revisions will be effective immediately upon notice, which may be given by any customary means, such as posting on the Site a revised version of this Agreement or notification by electronic mail. Any use by you of the Site after such notice is given will conclusively constitute your acceptance of the revisions in question. You agree to review the terms and conditions of this Agreement periodically in order to be aware of such revisions.

Access Equipment & Software.  You are solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment, and all computer software (such as a suitable browser program), needed for access to and use of the Site, and for all charges related thereto.

2. Content of the Site

Copyrights & Related Rights.   The Site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the copyright in the overall Site, as a collective work, is owned by us.  We also own the copyrights in the selection, coordination, arrangement and enhancement of such content, and in all Site content that we create.  Each third-party content licensor/provider owns the copyright in content original to it.

Use of Site Content.  Use of any of the Site content for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorized by us, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content, design elements, or code/software obtained from the Site.  However, you may print or download such material from the Site if this is solely for personal or non-commercial use, provided you do not republish the Material and you keep intact all copyright, trademark, service-mark, patent and other proprietary notices.  You acknowledge that you will not acquire any ownership or proprietary rights by downloading copyrighted or protected material.

Framing & Association with Unauthorized Advertising.  You may not frame the Site without our express written permission, and, in particular, you may not display the content on the Site in any format where third-party advertising or other materials not authorized by us are viewable in conjunction with our proprietary content.

Third-Party Links.  The Site contain links to other websites, resources and advertisers.  We are not responsible for the availability of these external sites, nor does we endorse or assume any responsibility for the content, information, advertising, products or other materials made available on or through such external sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site.  Any concerns regarding such content, goods or services must be directed to the administrator or webmaster of the external site in question.  We reserve the right, in our sole discretion, to terminate links with any third parties or other websites that we deems inappropriate or inconsistent with the Site.

3. Participatory Areas

Definition.   As used in this Agreement, the term “Participatory Areas” refers to user-generated photo areas, commenting sections, bulletin boards, chat rooms and any and all other existing or future areas on the Site that enable users to post to the Site or otherwise to actively participate in or interact with the Site.

Conduct & Rules of Use.  The Participatory Areas may be used only for lawful purposes.

You may not transmit or post any message or material that is threatening, abusive, offensive, defamatory, vulgar, obscene, or otherwise objectionable, or that encourages conduct that would be a criminal offense, or physically dangerous, or an infringement or violation of any publicity or privacy rights or other rights of any person or third party. No conduct may be undertaken that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Participatory Areas.

No Advertisements.  The bulletin boards and chat rooms are for discussion and debate. You may not use them to post or transmit advertisements or commercial solicitations of any kind, except as may be expressly permitted by us.

Posting of Third-Party Material.  You will not upload, post or otherwise make available on the Participatory Areas any material protected by copyright, trademark or other proprietary right without the express permission of the applicable rights-holder. You are responsible for determining if any material to be posted is protected by copyright, trademark or other proprietary right and such permission is therefore required. You will be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm, that results from any uploading, posting or submission by you.

Monitoring. We will have the right, but not the obligation, to monitor the content of the Participatory Areas in order to determine compliance with this Agreement (and to retain the services of independent contractors to do so).  We will also have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Participatory Areas, because it is deemed to violate this Agreement, or is stale, or for any other reason in our sole discretion. Notwithstanding our rights in this regard, users will remain solely responsible for the content of their messages. You acknowledge and agree that neither we nor any of our affiliates will assume or have any liability for any action or inaction by us with respect to any conduct within the Participatory Areas or any communication or posting on the Participatory Areas.

Our Right To Use Your Material.  You hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message or item posted in or uploaded to any of the Participatory Areas by you and/or any e-mail (in whole or in part) sent by you to us, and/or to incorporate the same, in whole or in part, in other works in any form, media or technology now known or later developed.

Privacy.  We have implemented a Privacy Policy to protect the information you provide to us and to regulate how it will be used.  You should be aware, however, that any personal information that you might disclose in the bulletin boards and chat areas can be collected and used by others, and could result in unsolicited messages from other posters or parties.  This is not something we can stop or control, and we will not be deemed to have any liability in this regard.

4. Registration

Member Names & Passwords.  You may be required to select a member name and a password in order to use and/or register as member of the Site.  You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we deem to be offensive, in our sole discretion.  You are responsible for maintaining the confidentiality of your password and your registration information. You agree to immediately notify us of any unauthorized use of your password or your other registration information, and you  will indemnify and hold us, our parent (Brant Publications, Inc), and our affiliates, subsidiaries, operational providers and partners harmless against any improper or illegal use of your password.

Registration Information. All information provided by you to us in connection with your registration must be accurate, complete and up to date at the time it is submitted.  You may update your registration information from time to time in conformance with our standard procedures and policies for such updating.  If your e-mail address is canceled, becomes inactive or inaccessible for an extended period of time, we will have the right to cancel your registration and delete all or part of your registration information, to the extent allowed by law and in accordance with our security measures.

Use of Personal Information. Any information that is obtained from you through your registration or your use of the Site will be subject to and handled in accordance with our Privacy Policy then in effect.

5. E-mail

Our communications with you will generally be by means of e-mail.  All e-mail sent to us must be generated by the person in whose name the e-mail account is registered. E-mail users may not mask their identities by using false names or other persons’ names or accounts. We will use your e-mail address and the content of any e-mail for correspondence and user-response purposes. Any non-personal information you provide to us by e-mail, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect any such non-personal information from disclosure.  Any personal information transmitted with an e-mail, such as the sender’s name, e-mail or home addresses, will be protected in accordance with the policies set forth in our Privacy Policy

6. Disclaimer of Warranty; Limitation of Liability

Use at Own Risk.  You expressly agree that use of the Participatory Areas and Site  is at your own sole risk. Neither we, our affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information, service or products provided through the Sites or the Participatory Areas.

Site Provided As Is.  The Site and the Participatory Areas are provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

Disclaimers.  The disclaimers of liability contained in this Section 5 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

No Consequential Damages. In no event will we or any person or entity involved in creating, producing or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site, or out of the breach of any warranty. You hereby acknowledge that the provisions of this section 5 will apply to all content on the Site and/or in the Participatory areas.

No Liability for Inaccuracies. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the Site, nor for any offensive, defamatory or obscene posting made in the Participatory Areas by anyone other than our authorized employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through either the content on the Site and/or any postings in the Participatory areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site and/or the Participatory Areas.  You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including (without limitation) financial, health, or lifestyle information.

No Warranty of Any Product or Service. We do not endorse, warrant or guarantee any products or services offered through the Site and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution, as appropriate.   We make products or services available on the Site without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable laws.

Survival.  The provisions of this Section 5 will survive any termination of this Agreement.

7. Advice & Opinions

The Site contains facts, views, opinions and statements of third parties, users and other organizations. Our company, its parents, affiliates and subsidiaries does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that our company, its parents, affiliates and subsidiaries will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on the Site.

8. Indemnification

You agree to defend, indemnify and hold harmless our company, its affiliates and their respective directors, officers, employees, representatives, agents and successors from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Site and/or the Participatory Areas.  The provisions of this Section 6 will survive any termination of this Agreement.

9. Trademarks

All trademarks appearing on the Site are the property of their respective owners, including, in some instances, of our company.

10. Contests

We may sometimes offer users of the Site the opportunity to participate in contests or other special events.  You may not have to be a member of the Site to participate in certain contest or events, but you must meet the designated minimum age requirements (for example, we may require that you be at least 21 years of age).  We will establish specific rules and terms for participation in each contest and event and will post this information on the Site.

11. Subscription Services

We make available to users certain online subscription services, and other paid services and products. The following terms and conditions will apply in the event that you subscribe to any subscription service or services we offer on the Site (the “Subscription”):

(i) The Subscription will continue until we receives notification of termination from you as described herein below. You authorize us to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accept an offer that includes a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account by complying with our procedures, as posted on the Site.

(ii) We will have the right at any time to impose, change or modify our fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription, as provided herein below. Any use of the Subscription by you after such notice will conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.

(iii) Either you or we may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with any terms and conditions of this Agreement or our policies or practices in operating the Site and/or the Participatory Areas, or any content available through the Subscription or change therein, or any amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to us by e-mail sent to [email protected], or online on the Site by following the directions stated therein.  Notice of termination will be effective upon receipt.  Without limiting the foregoing, we will have the right to immediately terminate this Agreement on the basis set forth in Section 7 above.  If your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted.  Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that if we terminate for any reason other than your breach of this Agreement or if you terminate as the result of revised terms, as set forth above, we will make a pro-rata refund to you.

12.  Products and Other Services.

With respect to products and services offered for sale through the Site, you will be informed, on the screen(s) where you make the purchase, of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies.

13. Privacy Policy

We maintain a policy with respect to the privacy of user information and similar matters.   This policy, as it may be updated from time to time, forms a part of this Agreement.   Please review the Privacy Policy by clicking here.

14. Termination

We will have the right to immediately terminate this Agreement and to block your access to the Site if we determine, in our sole discretion, that you have breached this Agreement or are otherwise not an appropriate user of the Site.

15. Miscellaneous.

This Agreement, and the Privacy Policy then in effect, constitute the entire agreement of the parties with respect to the subject matter hereof, superseding all previous written or oral agreements between the parties with respect in this regard.  This Agreement will be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules.  Any disputes arising hereunder will be adjudicated in the State and County of California, USA, and by your use of the Site you submit to the personal of the federal and state courts located therein. No waiver by either party of any instance of breach or default hereunder will be deemed to be a waiver of any other instance. The section headings used herein are for convenience only and will not be given any legal import. If any provision in this Agreement is held invalid or unenforceable, that provision will be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement will remain in full force and effect. The provisions of this Agreement as it relates to the content of the Site are for the benefit of our company its affiliates, and its third-party content providers and licensors, and each will have the right to assert and enforce such provisions directly on its own behalf.  Such right will survive any termination of this Agreement.  Your right to use the Site is personal to you and cannot be transferred to any other person or entity.

We will have the right to update this agreement from time to time without notice.  The updated agreement will be posted on the Site and the updated terms will take effect upon such posting.

 

For additional information or assistance, contact us at:

ASX Online Department

[email protected]

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