In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Eligibility for Our Service
You must be 18 years of age or older to use our Services. By using our Services, you represent that you are 18 years of age or older and are otherwise capable of entering into binding contracts including this Agreement. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Description of Service
- Makin’ It Magazine is a membership based platform that provides tools and resources to help our members, music artists and entertainers, build their brand and manage their own public relations and promotional efforts. Users will have access to exclusive content and a selection of member benefits available through the site. These benefits include deals (discounts on products and service offered by Makin’ It Magazine or its promotional partners). All members have access to post music and career updates to the platform every 30 days. These updates are featured in The Wire and are distributed to our network of tastemakers and media partners. Members also may participate in opportunities (the chance to submit and be reviewed for special promotional considerations and prizes) and to collaborate with established artists and producers, perform on major shows, receive sponsorships, meet with Industry professionals or receive free song placements on promotional projects.
- The Service does not include any software application or ancillary service that is made available through the use of our Service to you, provided by you or provided by a third party, which you use in connection with the Service, including without limitation "The PR Engine".
- Any modifications and new features added to the Service are also subject to this Agreement.
- Makin’ It Magazine reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Makin’ It Magazine.
- Accounts and Registration
- To access some features of the Service, including our Membership services plan, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number, company name or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
- If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
- Account Management
- Keep Your Password Secure. If you have been issued an account by Makin’ It Magazine in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties in your organization to access your account. You, and not Makin’ It Magazine, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Makin’ It Magazine immediately.
- Keep Your Details Accurate. Makin’ It Magazine may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
- We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
- You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
- We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
- Account Registration Privileges
Makin’ It Magazine free account registration provides our users with limited access to the Services available on our platform. Your account registration may be upgraded to a Paid Membership at any time for access to more Makin’ It Magazine Services. You may cancel your Makin’ It Magazine account registration at any time.
- Paid Membership Plans and Terms
Makin’ It Magazine offers two automatically renewable and payable Membership Plans for our users including a recurring monthly payable Membership (“Monthly Membership”), and a prepaid annual Membership (“Annual Membership”).
The features, membership rights, terms and prices of these Membership Plans may change from time to time and the most current descriptions and prices may be found on our Membership registration page.
By completing your registration for a Membership Plan, you authorize Makin’ It Magazine or its third party payment processor to charge your payment method on a recurring basis (e.g. monthly or yearly) for: (a) the applicable Membership plan charges; (b) any and all applicable taxes; and (c) any other charges incurred in connection with customer’s use of the Makin’ It Magazine services. The authorization continues through the Membership term and any renewal term until the subscriber cancels the Membership Plan.
You may select one of the following Membership service plan billing options:
- Monthly Membership billed every month (“Monthly Membership”).
- By purchasing a Monthly Membership, you expressly acknowledge and agree that (A) your Membership has an initial and recurring payment feature, and Makin’ It Magazine (or our third party payment processor) is authorized to automatically charge your payment method monthly at the then-current Membership rate for your Membership as long as your Membership continues, and (B) your Membership is continuous and will be automatically extended for successive monthly periods until you cancel it.
- You may cancel your Monthly Membership at any time, by logging into your account and following the instructions. If you cancel, you will not be entitled to a refund for your last payment and you may use your Membership until the end of your then-current paid-up Membership term. You must cancel your Membership within the 1st 15 days of the current monthly Membership period to avoid an automatic and non-refundable monthly charge for the next billing cycle. Makin’ It Magazine may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Makin’ It Magazine reasonably could act.
- CANCELLATION OF MEMBERSHIP WILL VOID ANY PENDING SUBMISSIONS FOR OPPORTUNITIES, PRIZES, MEDIA PLACEMENTS OR DISCOUNTS RECEIVED VIA USE OF MEMBERSHIP.
- In the event you cancel your Monthly Membership, please note that we may still send you promotional communications about Makin’ It Magazine, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
- Annual Membership (Billed annually).
- By purchasing an annual Membership, you expressly acknowledge and agree that (A) your Membership has an initial and recurring payment feature for one year of service and Makin’ It Magazine (or our third party payment processor) is authorized to automatically charge your payment method for each successive year at the then-current Membership rate for your Membership as long as your Membership continues, and (B) your Membership is continuous and will be automatically extended at the end of the Membership term for each successive year until you cancel it.
- You may cancel your Annual Membership at any time, by logging into your account and following the instructions. If you cancel, you will not be entitled to a refund for your last payment and you may use your Membership until the end of your then-current paid-up Membership term. Makin’ It Magazine may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Makin’ It Magazine reasonably could act.
- CANCELLATION OF MEMBERSHIP WILL VOID ANY PENDING SUBMISSIONS FOR OPPORTUNITIES, PRIZES, MEDIA PLACEMENTS OR DISCOUNTS RECEIVED VIA USE OF MEMBERSHIP.
- In the event you cancel your Annual Membership, please note that we may still send you promotional communications about Makin’ It Magazine, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Your Membership order constitutes an offer to purchase the Monthly or Annual Membership and Services available on our platform. We reserve the right at any time to accept or decline any order. We reserve the right to cancel your order at any time before it has been accepted and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the Monthly or Annual Membership or Services are no longer available.
- All prices displayed in our Services are in U.S. dollars unless otherwise indicated.
- All applicable taxes and other charges are additional and your responsibility.
- We reserve the right in our sole discretion to change prices at any time and without notice.
- By providing Makin’ It Magazine with your method of payment information (i.e. credit card, debit card, Apple Pay or PayPal), you authorize us to charge you for Membership purchases using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card and payment information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
- You must keep all information about your payment method current. You may cancel your Membership at any time by logging into your account, or selecting “My Account > Membership > Cancel”. If you cancel your payment method and we no longer receive payment from you, we may cancel your account and Membership ourselves. Cancellation of your Membership or payment method will not affect charges to your account before we reasonably could act on your request.
- You agree that we may charge you, and you will pay to Makin’ It Magazine, any fee or penalty that is assessed or charged to us for a "Chargeback" resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
- Your Access and Use of our Services
- The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
- Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
- Our Services may now, or in the future, have "publicly accessible areas" that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Makin’ It Magazine shall not, under any circumstances, be liable in any way for any User Content.
- You understand that Makin’ It Magazine may issue upgrade versions of any mobile App and you consent to receiving automatic upgrades on your mobile device. You also acknowledge and agree that standard carrier data charges may apply to your use of the Service including, without limitation, text messages.
- You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
- You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.
- Member Opportunity Submission Policy and Procedure; Selection Process
- Users may submit content to be considered for various opportunities and media placements posted on our Services including but not limited to Performances, Song Placements, Radio Interviews, and Magazine Features. All submissions made by user through the Services are subject to Makin’ It Magazine’s submission and participation procedures, terms, and conditions.
- If an artist has been signed to a music recording label entity, it is the artists sole duty and responsibility to notify Makin’ It Magazine and remove their content immediately from our Services. The artist agrees to indemnify Makin’ It Magazine for any damages it may suffer as a result of the artists failure to comply with this term of the Agreement.
- All submissions for opportunities will be reviewed by a member of the Makin’ It Magazine review team or promotional partner for the specified opportunity. Selections for opportunities will be made at the sole discretion of Makin’ It Magazine and its employees, but consideration will be given to a number of factors, including users current membership status, the quality of content submitted, updates posted on the user’s profile, whether user has posted about the opportunity to social media, and the user’s level of participation within the Makin’ It Magazine community.
- Users who are selected for any opportunity will be notified via contact number provided with submission or associated with their account. Inability to contact a user will constitute forfeiture for the selected opportunity.
- After notification of selection for an opportunity selected user will be required to make and post an acceptance video to their Instagram account in accordance with instructions emailed to them. Acceptance video must adhere to the guidelines set forth in instructional email and be posted within specified time frame. Failure or refusal to complete an acceptance video post that meets our requirements will constitute user’s forfeiture of the opportunity.
- Any offers of paid travel associated with opportunities are available only to U.S. residents living within the 48 contiguous states. All provisions of travel will cover a single individual, the registered user selected for the opportunity. User’s failure to provide necessary information to book travel accommodations upon request will constitute forfeiture of opportunity. In lieu of paid flight and hotel, a travel stipend may be given to the selected user in the amount of no more than $500 to cover expenses for alternate travel options.
- Select opportunities may require chosen user to complete a W9 or other IRS forms before awarding of prizes or benefits. Failure to complete and submit requested forms within time period specified upon request will constitute forfeiture of opportunity’s proceeds.
- Selection for opportunities and associated prizes or proceeds shall be non-transferrable by Winners, and there shall be no substitution of benefits or cash equivalent except at the sole discretion of Makin’ It Magazine.
- Users who are not selected for opportunities or media placements shall not be entitled to any compensation from Makin’ It Magazine, monetary or otherwise, as a result of their participation in any opportunity, and Winners shall not be entitled to any additional compensation from Makin’ It Magazine beyond that set forth herein.
- Users selected for any opportunities will be responsible for completing all applicable tax documents upon request by Makin’ It Magazine, and winners will be solely responsible for the payment of any and all taxes owing to any governmental authority as a result of any prize awarded by Makin’ It Magazine. Makin’ It Magazine may, in its discretion, withhold applicable taxes from prizes including, but not limited to, prizes awarded to participants who are not legal citizens of the United States.
- By submitting content to Makin’ It Magazine, you consent and agree to be bound by each and every term and condition outlined in this section and the Makin’ It Magazine Terms of Service in total.
- By submitting content to Makin’ It Magazine, you represent and warrant that you possess or legally control all rights in and to the submission, including, but not limited to, copyrights in the sound recording, the performances and musical compositions embodied thereon, and any other selections, materials, ideas, and intellectual property contained therein, and that your submission of such, and any authorized use thereof by Makin’ It Magazine or its grantees, licensees, or assigns, will not violate or infringe upon the common law or statutory right of any individual or entity, including, but not limited to, contractual rights, copyrights, trademarks, and rights of privacy and publicity.
- You will retain ownership of your submission, but in submitting, you grant Makin’ It Magazine a non-exclusive, irrevocable, perpetual, transferable, worldwide right and license to use, copy, publicly perform, publicly display, synchronize with visual images, reformat, translate, excerpt, transmit, distribute, and prepare derivative works thereof, in any media or format now known or hereafter developed, the content submitted, for promotional purposes in connection with Makin’ It Magazine and Cannick LLC, properties, services and subsidiaries, including, but not limited to, the right to upload your submission to Youtube and SoundCloud and to monetize the submission on our Youtube and SoundCloud channels, and any other sites as Makin’ It Magazine and Cannick LLC deems appropriate.
- In submitting your content, you also grant Makin’ It Magazine a non-exclusive, irrevocable, perpetual, transferable, worldwide right and license to use your name, likeness, and biographic information, as well as any related trademarks, provided by you in connection with your submission, as well as the right and permission to capture photographs and audiovisual recordings of you and your participation and performance at any Makin’ It Magazine promoted or sponsored event, and to use, re-use, publish, and re-publish the same in whole or in part, in original and edited versions, individually or in conjunction with other photographs and audiovisual recordings and in conjunction with any printed or digital matter, for any purpose on and any and all media related to Makin’ It Magazine and Cannick LLC’s properties and subsidiaries.
- You acknowledge and agree that you have granted each and every right and license described above to Makin’ It Magazine for the good and valuable consideration of having your content submissions considered for Media Placements and various promotional opportunities available through our Services, and access to creating a profile on Makin’ It Magazine’s Website. You acknowledge and agree that you are not entitled to any additional compensation, monetary or otherwise, from Makin’ It Magazine and its grantees, licensees, and assigns, in exchange for the grant of rights herein. You acknowledge and agree, moreover, that you shall have no rights, title, or interest in any proceeds received by Makin’ It Magazine as a result of our monetization of your submission on Youtube, SoundCloud, or any other Services, or other exercise of any rights or licenses granted to Makin’ It Magazine hereunder.
- You acknowledge and agree that Makin’ It Magazine has the sole and absolute discretion to select content submissions for any and all opportunities and media placements, and that there is no guarantee that your submission will be chosen for any media placement, nor is there any guarantee that you will be selected for any opportunity.
- You acknowledge and agree that neither the acceptance of any submission, or selection for any opportunity or media placement, shall constitute a waiver of any of your representations, warranties, or agreements hereunder and in these Terms of Service, and you agree to indemnify Makin’ It Magazine and hold it harmless against any damages, costs, and fees, including attorneys’ fees, which it incurs in any claim, suit, litigation, or proceeding arising out of any breach or claimed breach by you of any covenant, warranty, or representation made by you herein.
- Makin’ It Magazine reserves the right, at any time, to modify, alter, or update its Submission Policy and Procedures and shall give you reasonable notice of any such changes, modifications, and updates. Modifications shall become effective immediately after such notice is provided by posting them here in our Terms of Service, and by your continuing to use or access our Services you agree to such modified terms. In the event that you do not consent to such changes, you may terminate your account and cease use of and access to the Services.
- Makin’ It Magazine also reserves the right, at any time, to modify, alter, or update the details associated with, or to cancel, any Event, Opportunity, Deal or Benefit, as well as the right to disqualify any participant at any time and for any reason, including, but not limited, to violation of these Submission Procedures, violation of any application law or regulation, or conduct constituting bad faith toward Makin’ It Magazine, its sponsors, agents, and affiliates, or other participants. Makin’ It Magazine further reserves the right to remove submissions and or disable users profiles in its discretion at any time, including, but not limited to, any submission or profile which contains obscene or defamatory content, infringes upon the right of a third party, contains any form of child exploitation, offensive, inaccurate, incomplete, abusive, threatening, intimidating, harassing, racially offensive, or illegal material or is otherwise in violation of any applicable law or regulation.
- Nothing contained in these Submission Procedures shall be deemed to constitute gambling or any other activity prohibited by federal, state, and local laws and regulations. Participants shall not be eligible to submit hereunder if prohibited by law, and any such submissions shall be void. No representation is made by Makin’ It Magazine as to the odds of being selected for any Media Placements or Opportunities.
- In making any content submission hereunder, as well as in participating in any Benefit listed on our Services, or other Makin’ It Magazine event, you hereby release, indemnify, and hold harmless Makin’ It Magazine and its affiliates, subsidiaries, officers, directors, employees, and agents from and against any injuries, losses, damages, claims, actions, and liabilities of any kind resulting or arising from your submission, participation, and/or your acceptance, possession, use, misuse, or nonuse of any benefit awarded hereunder, including, but not limited to, travel. In submitting content and/or participating hereunder, you agree that under no circumstances will you be permitted to obtain an award for, and you hereby waive any and all rights to, punitive, incidental, consequential, or any other damages.
- Suspension and Termination of Services
- Makin’ It Magazine may also suspend providing the Services to you (including your Membership) if we are investigating suspected misconduct by you. Makin’ It Magazine will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
- Users who have been terminated or suspended will not be eligible for a refund of any kind for the termination or the period of suspension.
- Information Accuracy
- We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service.
- Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice and cancel orders placed for Memberships, products or services listed incorrectly or at the wrong price.
- Proprietary Rights
As between Makin’ It Magazine and you, Makin’ It Magazine or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Makin’ It Magazine.
- Intellectual Property Rights
- Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the "Proprietary Marks"), and are owned by Makin’ It Magazine. You may not use the Proprietary Marks without our prior written permission.
- We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
- The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all audio files, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.
- We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work").
- All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Listening, viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
- You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
- Use of Our Content
- We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
- You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
- User Content Rights and Related Responsibilities; License
- "User Content" means, without limitation, any video files, audio files, digital files, images, photos, personal profile (including your photo), artwork, messages, texts, reviews, comments, feedback, suggestions, reviews and documents, or any other content you upload, transmit or otherwise make available to Makin’ It Magazine and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and agree to indemnify Makin’ It Magazine and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
- By submitting User Content on or through the Service, you grant Makin’ It Magazine a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Content.
- In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
- You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.
- Makin’ It Magazine expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent it's loss.
- You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Makin’ It Magazine resulting therefrom.
- Makin’ It Magazine may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
- You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
- User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.
- You acknowledge and agree that Makin’ It Magazine has no control over User Content once posted, and it is possible that visitors to the Site or App may copy User Content and repost it elsewhere.
- Community Guidelines
To ensure the best possible experience for all users of our Services, we have established some basic guidelines and rules for participation. By using our Services, you agree that you have read and will follow the rules and guidelines set forth below.
Please take a moment to acquaint yourself with these important rules and guidelines. In order to preserve a climate that encourages productive, civil and meaningful interaction, Makin’ It Magazine reserves the right to suspend or terminate a users account if they violate these rules.
You agree not to use our Service to transmit, distribute or post any User Content as defined in our Terms of Service that is offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes examples, without limitation, of the things you may not do:
- Impersonate any person or entity.
- Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.
- Advocate for or harass or intimidate another person.
- Promote information that is false or misleading.
- Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
- Promote violence, racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Transmit anything that exploits children or minors or that depicts cruelty to animals.
- Solicit personal information from anyone under the age of 18.
- Use the service in an illegal manner or to commit an illegal act.
- Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
- Transmit any content that contains video, audio, or images of another person without his or her permission or that of their legal guardian.
- Promote material that exploits people in a sexual, pornographic or violent manner.
- Provide instructional information about illegal activities.
- Infringe upon someone else's trademark, copyright or other intellectual property or other rights.
- Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers.
- User Comments
Makin’ It Magazine does not investigate any posted user comments, suggestions or feedback for accuracy or truth. Users may be held legally responsible for damages suffered by other users or third parties as a result of their comments if they are legally actionable or defamatory.You agree that Makin’ It Magazine is not legally responsible for any comments posted or made available on our Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. Makin’ It Magazine reserves the right to remove user comments or information that, in our sole judgment, violates these Terms or negatively affects our Services.
- Interruption of Service
- Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
- You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
- Third Party Links, Services and Content
- If you receive software from us, its use is governed in one of two ways: If you're presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the software.
- Any license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Makin’ It Magazine, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
- We may automatically check your version of the software. We may also automatically download to your device or computer new versions of the software.
- Any software is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then promptly uninstall the software, or we may disable it. You must not work around any technical limitations in the software.
- The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or Service without U.S. government permission to anyone on U.S. government exclusion lists. You represent and warrant that you're not on any of those lists or under the control of, or an agent for, anyone on those lists.
- Mobile Application from a Third Party App Store
The following applies to any App Store Sourced Application accessed through or downloaded from a Third Party App Store:
- You acknowledge and agree that (i) the Terms are concluded between you and Makin’ It Magazine only, and not the Third Party App Store, and (ii) Makin’ It Magazine, not the Third Party App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Third Party App Store Terms of Service.
- You acknowledge that the Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the Third Party App Store, and the Third Party App Store will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, the Third Party App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Makin’ It Magazine and the Third Party App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Makin’ It Magazine.
- You and Makin’ It Magazine acknowledge that, as between Makin’ It Magazine and the Third Party App Store, the Third Party App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Makin’ It Magazine acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Makin’ It Magazine and the Third Party App Store, Makin’ It Magazine, not the Third Party App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
- You and Makin’ It Magazine acknowledge and agree that the Third Party App Store, and their subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, the Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the Third Party App Store Sourced Application.
- Electronic Communications
- Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS, push notification (a message that pops up on a mobile device) or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Electronic Transactions
- Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions and purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions and purchases.
- Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notices of cancellation, policies, contracts, and applications.
- In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
- Third Party Social Networking
Violating the security of our Services is prohibited and may result in criminal and civil liability. Makin’ It Magazine may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
- Privacy and Your Personal Information
- Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("").
A valid complaint under the DMCA must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the Service.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: email@example.com
If you receive notification that your User Content has been removed from the Services, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email notice to the Copyright Agent at: firstname.lastname@example.org with the following information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in the state of Georgia, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action.
- Disclaimers; No Warranties
- ALL SERVICES AND PRODUCTS AVAILABLE FROM MAKIN’ IT MAGAZINE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. MAKIN’ IT MAGAZINE AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “MAKIN’ IT MAGAZINE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
- THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE OR APP MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE OR APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
- THE MAKIN’ IT MAGAZINE PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE AND THE LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
- WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
- SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation Of Liability
- IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
- WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
- OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID BY USER FOR THE PURCHASE OF THEIR CURRENT MEMBERSHIP OR $100.
- YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- Interaction With Others
- YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE IDENTITY, SUITABILITY AND FOR YOUR INTERACTIONS WITH THE PEOPLE YOU CHOOSE TO ENGAGE WITH THROUGH THE SERVICE. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT ANY BACKGROUND CHECKS INCLUDING, BUT NOT LIMITED TO, CRIMINAL, FINANCIAL, SEX OFFENDER OR ANY OTHER BACKGROUND CHECKS OR SCREENINGS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE PEOPLE YOU CHOOSE TO INTERACT WITH. WHILE NOT OBLIGATED TO DO SO, MAKIN’ IT MAGAZINE RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CONDUCT ANY CRIMINAL OR OTHER BACKGROUND CHECK OR SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- YOU ASSUME ALL RISK WHEN USING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE PERSONAL INTERACTIONS WITH OTHERS.
- IN NO EVENT SHALL MAKIN’ IT MAGAZINE, ITS EMPLOYEES, CONSULTANTS, EXECUTIVES OR OFFICERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF A USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THEFT, BODILY INJURY, EMOTIONAL DISTRESS, DEATH AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH, CONTACT WITH OR PERSONAL INTERACTION WITH OTHER USERS.
- Explicit Content
OUR SERVICES MAY PROVIDE "EXPLICIT CONTENT", INCLUDING WITHOUT LIMITATION, LYRICS, SPEECH, VISUAL IMAGES, OR OTHER MEDIA THAT INCLUDES STRONG LANGUAGE, OR DEPICTIONS OF VIOLENCE, SEX, OR SUBSTANCE ABUSE, WHICH MAY BE CONSIDER INAPPROPRIATE FOR THOSE UNDER THE AGE OF 18. YOUR ACCESS TO AND USE OF OUR SERVICES IS YOUR CONSENT TO YOUR EXPOSURE TO THIS EXPLICIT CONTENT. PARENTAL DISCRETION IS ADVISED FOR ALL USERS OF THE SERVICES UNDER THE AGE OF 18.
- You agree that you will be personally responsible for your use of the Service, products or Memberships you purchase from us; and you further agree to defend, indemnify and hold harmless Makin’ It Magazine and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service, Membership or the products you purchase through the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or serious emotional harm, to you or any third party resulting from your use of the Services, products or Memberships purchased though the Service.
- 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 claim.
- By using the Services, you release, to the maximum extent allowed by law, Makin’ It Magazine, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services, products or Memberships, including without limitation, any death or serious emotional or serious physical harm.
- If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Governing Law
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Georgia in and for the County in which Makin’ It Magazine has established its principal office.
- Our Remedies
- You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
- For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of Georgia in and for the County in which Makin’ It Magazine has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
- Dispute Resolution
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.
For any dispute you have with Makin’ It Magazine, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. If Makin’ It Magazine has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
- Claims. You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
- Applicable Law. You agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
- Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any courses or services delivered, sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
- Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Georgia in and for the County in which Makin’ It Magazine has established its principal office. You and we agree to submit to the personal jurisdiction of the courts located within Georgia for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Georgia; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Georgia.
- Law Enforcement
- Makin’ It Magazine is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Makin’ It Magazine receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
- Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Makin’ It Magazine may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Makin’ It Magazine will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
- Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
- Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
- No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- Entire Understanding
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at firstname.lastname@example.org
Makin' It Magazine is located at: 3939 Lavista Rd, Suite E #249, Tucker GA 30084, United States
Last updated: August 11, 2018