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privacy policy

TERMS OF USE

Please read these terms and conditions of use carefully before using this site.

By using this site, you signify your agreement to these terms of use (the "Terms of Use"). If you do not agree to all of these Terms of Use, do not use this site. The content on this site is provided by Little Giant Media, Inc. ("LGM") and its licensors and content providers.

LGM may revise and update these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes. As used herein, the term "Site" refers to www.twoonefivemagazine.com.

Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You acknowledge that such consideration includes, without limitation, your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of our review, use or display of your submissions to the Public Areas (as defined below), and the possibility of publicity and promotion from our review, use or display of your submissions.

Use of Content

All information, content and material contained on the Site, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, "Content") is owned by LGM, its licensors or content providers. You acknowledge that the Site hereby grants you a limited personal, non-exclusive, non-assignable and non-transferable license that authorizes you to use and display the Content, provided that you retain all copyright, trademark and other proprietary notices contained in the original Content on any copy you may make of the Content. You further agree that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third-party or on any third-party website, or otherwise use the Content in any way for any public or commercial purpose without the express approval from LGM. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. You acknowledge that the Site and Content are being used for personal use only. You are authorized to download and view a single copy of the Content on the Site solely for noncommercial use provided that you shall not, nor will you allow any third-party (whether or not for your benefit) to copy, adapt the object code of the Site’s software, HTML, JavaScript, or otherwise, or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its pages on the website. The Content is protected by copyright under both United States and foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or termination without notice in the editorial discretion of LGM. All rights not expressly granted herein are reserved to LGM and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

User Submissions

y voluntarily submitting information, communications, or content (including personal information) to this Site and/or Public Areas (as defined below), you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of LGM and that all title and interest therein, including all rights of copyright, shall vest with LGM at the time they are posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of LGM to post or use such materials or, if we do so, to give you credit.

You may also submit pictures through the Site, which LGM may from time to time decide to display on the website, (“Submitted Pictures”). LGM does not claim any ownership rights in the Submitted Pictures. If such Submitted Pictures are posted on the Site, you continue to retain all ownership right to such Submitted Pictures and you continue to have the right to sue your Submitted Pictures in any way you choose. By submitting any such Submitted Pictures through the Site, you hereby grant to LGM a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Pictures on and through the Site. The license you grant to LGM is non-exclusive, fully-paid and royalty-free, sublicensable and worldwide. The license will terminate at the time the Submitted Pictures are removed from the Site. The license does not grant LGM the right to sell your Submitted Pictures. You agree that such Submitted Pictures will comply with the rules set forth in the “Public Areas” paragraph below.

Copyright Infringement

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of LGM not to permit materials known by LGM to be infringing to remain on the Site. You should notify LGM promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon LGM's receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), LGM will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please contact the LGM representative listed at the bottom of this section for copyright infringement notices only.

If you have a question, email us at connect@twoonefivemagazine.com or send a letter to Little Giant Media, Inc., 413 North 7th Street, Philadelphia, Pennsylvania 19123

To provide notice of claimed copyright infringement only:

Flamm, Boroff & Bacine, P.C. 794 Penllyn Pike
Blue Bell, PA 19422
attn: Dominic Liberi, Esq.
dsliberi@flammlaw.com
telephone : (267) 419-1542
fax: (267) 419-1560

It is the policy of LGM to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Trademarks

The marks used in this Site include without limitation “two.one.five.” Any use of names, tradenames, logos, titles, designs and trademarks belonging to LGM, its affiliates or licensors is strictly prohibited without the prior written consent of their respective owners.

Public Areas

LGM may introduce within the Site various online public areas, such as bulletin boards, mail lists, chat rooms/events or other public forums (collectively, the "Public Areas"). The Public Areas are intended to provide you with forums for the free-flowing exchange of information and opinions. With your help, the Public Areas can be an informative experience for all. LGM encourages your participation but asks you to remember that you are responsible for the content of messages you post. While LGM reserves the right to review every message posted, it has no obligation to do so.

Please read carefully the policies below. If you cannot comply with these policies, please do not use the Public Areas. By using the Site and submitting material to the Public Areas, you acknowledge and agree to the following:

  • To respect the opinions and feelings of others;
  • That the information you submit to the Public Areas shall not be deemed confidential, and shall be publicly available to third parties;
  • Not to reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. Furthermore, you agree not to reveal the health or other private information of third parties without their knowledge and consent;
  • That content available through the Public Areas is provided "AS IS," and you are solely responsible for your reliance on and use of such content. LGM is not responsible for the consequences of any communications made through the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately;
  • Not to upload to or distribute or otherwise publish through the Public Areas any content that is libelous, defamatory, obscene, pornographic, slanderous, threatening, harassing, hateful, abusive, embarrassing to any other person or entity, or that is otherwise inappropriate;
  • Not to use the Public Areas for any purpose in violation of local, state, national, or international laws or regulations;
  • Not to upload to or distribute or otherwise publish through the Public Areas any content that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party;
  • To use the Public Areas for non-commercial purposes only. You agree not to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services without the express approval of LGM;
  • That you shall remain solely responsible for the content of messages you post. LGM does not and cannot review every message posted in the Public Areas, and is not responsible for the content of these messages;
  • That all messages, information or other materials submitted to the Public Areas become the property of LGM, and all title and interest therein, including all rights of copyright, shall vest with LGM at the time they are posted. Messages, information or other materials posted to the Public Areas are subject to use by LGM and its licensees in any medium (now in existence or hereafter developed), for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of LGM to post or use such materials;
  • That your participation in the Public Areas is solely at your own risk. In addition to your obligations under the Indemnity section of these Terms of Use, you agree to indemnify, defend and hold harmless LGM, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorneys’ fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you in the Public Areas. You agree to cooperate as fully as reasonably required in the defense of any such claim;
  • Not to post chain letters or pyramid schemes; impersonate another person or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same note more than once or "spam"; and
  • Not to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Public Areas or the Site, or which, in the judgment of LGM, exposes LGM or any of its affiliates, licensors, licensees, customers or suppliers to any liability or detriment of any type.

If you become aware of a violation of these policies, please notify LGM by sending a detailed email message to connect@twoonefivemagazine.com. If you are writing to report a copyright infringement, please follow the procedure set forth in the section entitled "DMCA Notice" in these Terms of Use.

LGM reserves the right, but is not obligated, to do any or all of the following:

  • Record the dialogue submitted through the Public Areas;
  • Investigate an allegation that a communication does not conform to these policies and/or the Terms of Use and determine in its sole discretion to remove or request the removal of the communication;
  • Delete, move or edit communications that are determined, in the sole discretion of LGM, to be abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason;
  • Terminate a user's access to any or all of the Public Areas and/or this Site upon any breach of these policies and/or the Terms of Use;
  • Monitor, edit or disclose any communication posted in the Public Areas;
  • Edit or delete any communication posted in the Public Areas or anywhere on this Site, regardless of whether such communication violates these standards; and
  • LGM reserves the right to take any action it deems necessary to protect the personal safety of users or the general public. LGM has no liability or responsibility to users of this Site or the Public Areas or any other person or entity for performance or nonperformance of the aforementioned activities.

Disclaimers

When using the Site, information will be transmitted using the internet, which is beyond the control of LGM and its Content suppliers. Accordingly, LGM assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site.

This Site and the Content are provided on an "AS IS" basis. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. LGM AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. LGM, ITS AFFILIATES, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA ON THIS SITE. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this Site or any Web site with which it is linked. Price information and promotions are subject to change without notice.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall LGM be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including, without limitation, lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the Site or Content, or (b) the conduct or actions, whether online or offline, of any user of the Site or any other person or entity, even if LGM is advised of the possibility of such damages. In no event shall the total liability of LGM to you for all damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the lesser of the amount paid by you, if any, for accessing or participating in any activity related to the Site, or $100.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnity

You agree to defend, indemnify and hold harmless LGM, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your submissions to the Site, your violation of any rights of another, or your use of any content on or accessible through the Site.

Advertisements And Links To Other Sites

You acknowledge that any links to third-party websites are provided solely as a convenience to you and not as an endorsement by the Site or LGM of the content, advertising or business practices (including the privacy policies) of such third-party websites, whether or not the Little Giant Media, Inc. or two.one.five logo or sponsorship identification is on the website. LGM is not responsible for the content of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, and does not make any representations regarding their content, accuracy or non-infringement. LGM does not endorse any product advertised on this Site. Your use of third-party Web sites is at your own risk and subject to the terms of Use of use for such sites. You should be aware that both the terms of use and the privacy policies of linked sites may differ from those of LGM.

General

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: User Submissions, Public Areas, Disclaimers, Limitation on Liability, Indemnity, General, Jurisdiction, and Complete Agreement.

Jurisdiction

LGM is based in Philadelphia, Pennsylvania, in the United States of America. LGM makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with LGM, or in any way relating to your use of the Site, resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute, including any claim involving LGM and/or any of its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms of Use, the Site, and the use of information (including personally identifiable information) provided or accessible through the Site, are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles.

Complete Agreement

These Terms of Use constitute the entire agreement between you and LGM with respect to the use of this Site, and Content. Your use of this Site is also subject to the LGM Privacy Policy.

Thank you for your cooperation. We hope you find this Site helpful and convenient to use. If you have questions or comments regarding this Site, please email us at connect@twoonefivemagazine.com or send a letter to Little Giant Media, Inc., 413 North 7th Street, Philadelphia, Pennsylvania 19123.

 

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