Welcome to www.marinmagazine.com. Please read these Terms and Conditions of Use (“Agreement”) carefully before using this website. This is a legally binding agreement between you and www.marinmagazine.com, the owner and operator of this website. Please check often for updates, as we reserve the right, in our sole discretion, to modify these Terms and Conditions at any time. BY ACCESSING OR USING THIS WEBSITE YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT.
1. OWNERSHIP AND INTELLECTUAL PROPERTY. The www.marinmagazine.com website is made available for your personal, non-commercial use only. The materials on this site are the property of www.marinmagazine.com, its licensors, or contributors of User Submissions (as defined below) and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and print a single copy of any page or illustration on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. You may contact us using our “Email Us” link on the website to request permission to reproduce or distribute materials found on www.marinmagazine.com. You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by www.marinmagazine.com. However, without the prior written permission of www.marinmagazine.com, you may not frame any of the content of Make It Bettter.net nor incorporate into another website or other service any intellectual property of www.marinmagazine.com. To request permission to frame our content, you may contact us using our “Email Us” link on the website to make your request.
2. USER SUBMISSIONS. www.marinmagazine.com may now or in the future permit the submission of stories, articles, blogs, and images submitted and posted by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, www.marinmagazine.com does not guarantee any confidentiality with respect to any submissions. You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, post, publish and authorize www.marinmagazine.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by this website and this Agreement; (ii) you agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Submission that you submit to www.marinmagazine.com for publication; (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by www.marinmagazine.com, and this Agreement; and (iv) all material contained in your User Submission is true and accurate in all respects. By submitting the User Submissions to www.marinmagazine.com, you grant www.marinmagazine.com and anyone authorized by www.marinmagazine.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the www.marinmagazine.com website (and its possible successor’s) business. In connection with User Submissions, you further agree that you will not: (i) use the www.marinmagazine.com website to violate copyrights, trademarks, or other intellectual property; (ii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant www.marinmagazine.com. all of the license rights granted herein; (iii) publish falsehoods or misrepresentations, or make potentially slanderous or libelous comments that could damage www.marinmagazine.com. or any third party; (iv) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (v) post advertisements or solicitations of business; or (vi) impersonate another person. www.marinmagazine.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and www.marinmagazine.com expressly disclaims any and all liability in connection with User Submissions. www.marinmagazine.com will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. www.marinmagazine.com reserves the right to remove User Submissions without prior notice. www.marinmagazine.com also reserves the right to decide whether a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
3. LINKS TO OTHER SITES. For your convenience, www.marinmagazine.com will offer a variety of links to other websites that we don’t operate or are not otherwise under our control. Although we encourage you to consult such websites, the inclusion of any link on this website does not imply any responsibility for, approval or endorsement of any such site by www.marinmagazine.com. We are not responsible for and do not and cannot guarantee the quality, reliability or performance of the content, information, products or services provided by these websites and/or vendors. www.marinmagazine.com is not responsible for the information, products or services these websites and/or vendors provide. You release www.marinmagazine.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.
4. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION. IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU “AS IS.” MARINMAGAZINE.COM, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE ADVICE, OPINIONS, STATEMENTS OR OTHER INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). MARINMAGAZINE.COM, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS DO NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL MARINMAGAZINE.COM OR ITS AFFILIATES, AGENTS, VENDORS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MARINMAGAZINE.COM, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE.
5. NOTICE AND PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENT. Notifications of claimed copyright infringement must be sent to the site’s Designated Agent at the following address: Marin Magazine – 1 Harbor Dr, Suite 208, Sausalito, CA 94965 or email@example.com. Such notification must be a written communication that includes the following: (i) a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon receipt of such notification we may give notice to our users by means of a general notice on the site, e-mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (i) your physical or electronic signature; (ii) 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; (iii) a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (iv) your name, address and telephone number, and a statement that you consent to the jurisdiction of a federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which www.marinmagazine.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person
6. MISCELLANEOUS. This Agreement has been made in, and will be construed in accordance with the laws of, the State of Illinois. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Cook County, Illinois in all disputes arising out of or relating to this Agreement or use of this website.
7. COPYRIGHT NOTICE. © 2018-2019 Marin Magazine. All Rights Reserved. Marinmagazine.com claims copyright in all proprietary and copyrightable text, graphics, and computer code on this website, the overall design of the website, and the selection, arrangement and presentation of all materials on this website, including material in the public domain.