📃Terms of Use!🌟

Last Updated January 1st, 2024

We were totally ready to write the Terms of Use, but our legal glam squad insisted on crafting the rules – because when it comes to legal lingo, they're the real fashionistas of the legal runway! 💁‍♀️💼 #LegalGlam #TermsOfUseChic

TERMS OF USE

By accessing or otherwise interacting with our servers, services, websites, or any associated content/postings (together, "TBM"), you agree to these Terms of Use ("TOU"). You acknowledge and agree TBM is a private site owned and operated by Robert Bruce and Associates, LLC. If you are accessing or using TBM on behalf of a business, you represent and warrant to TBM that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use TBM. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use TBM. All policies, site rules, and agreements referenced below or on TBM, are fully incorporated into this TOU, and you agree to them as well.

LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use TBM and be bound by the TOU, or (2) use TBM on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use TBM in compliance with the TOU; unlicensed use is not authorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from TBM.

USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with TBM, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect TBM content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent. Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited. You agree not to post content that is prohibited by any of TBM's policies or rules. You agree not to interfere with TBM. You agree we may moderate TBM access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available TBM, (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide TBM, (iii) combine or integrate TBM with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects TBM, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use TBM in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (B) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting TBM content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (C) requesting, viewing, or accessing more than 1,000 pages of TBM in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (D) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages, (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief. You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

DISCLAIMER & LIABILITY. To the full extent permitted by law, Teen Beat Magazine, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("TBM Entities") (1) make no promises, warranties, or representations as to TBM, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide TBM on an "AS IS" and "AS AVAILABLE" basis and any risk of using TBM is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with TBM. TBM Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to TBM, and in no event shall such liability exceed $1.00.

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to TBM ("Claims") will be governed by the internal laws of Arizona, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Phoenix , AZ (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Phoenix, AZ; (2) indemnify and hold TBM Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of TBM; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

COPYRIGHT AND TRADEMARKS. All contents of the Teen Beat Magazine Web Site are: © Copyright 2023 by Robert Bruce and Associates, LLC. All rights reserved. Teen Beat Magazine, the Teen Beat Magazine logo, and "Breaking the News." are protected trademarks of Robert Bruce and Associates, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access TBM thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. If you reasonably believe content infringes your IP rights, contact us.