[Effective as of Sept. 5, 2019]

Terms of Service

Welcome to Millennials in Motion Magazine, LLC’s website (“Website”) and thank you for reviewing our Terms of Service.  The Terms of Service applies to your access to and use of the Website and other online products and services (collectively, the “Services”) provided by Millennials in Motion Magazine, LLC (“MiM Mag”, “we,” “us,” “our”).  Please read the following Terms of Service carefully. Remember MiM Mag is a fun place to participate and contribute to your community, but we still need some basic rules.  

1. Acceptance of Terms of Service.

By using this Website, you accept and agree to all terms, conditions and notices contained or referenced on the Website.  If you do not agree to the Terms of Service, do not use this Website. By accessing, using, or downloading in anyway, without limitation, any Content from this Website, or merely browsing this Website, you agree to and are bound by these Terms of Service.

MiM Mag reserves the right to change the Terms of Service at any time, without prior notice to any Website visitor (“User” or “You”).  For this reason, we encourage you to review these Terms of Service whenever you use the Website. If you breach any of the Terms of Service, your authorization to use the Website automatically terminates.

2. Your Account.

If You are 18 years of age or older, You may set up an account as permitted under the Website. If You are under 18, you may not use the Website. We reserve the right to refuse service, terminate accounts, remove or edit content in Our sole discretion.

•  Secrecy Obligation.

Once You have selected or been allocated a unique username, password or other appropriate security code (“Identifiers”), it is Your responsibility to keep these Identifiers secure and confidential. In the event You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Us by sending an e-mail to support@mimmag.com, whereupon new Identifiers may be selected and allocated. 

•  No Transfer.

Only one account is allowed per person per Website. Your account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the age of 18 to use or re-use Your account or Your Identifiers. Any person found to have violated this section will be subject to having his or her account(s) voided on our Website at Our sole discretion. More importantly, any person found to have violated this section may be reported to the relevant authorities for criminal prosecution. We also reserve the right to institute civil proceedings against You and/or the offending third party(ies) for violation of the terms of this section and all damages related thereto.

3. Privacy and Data Collection.

Your privacy is important to us.  Please read our Privacy Policy carefully for information relating to our collection and use of personal information.  You can find our Privacy Policy at: https://mimmag.com/privacy-policy/.  

If you do not agree to each and every part of our Privacy Policy, then you should not use our Service or this Website or submit any personally identifiable information through the Service.  Questions regarding privacy issues should be directed to customer service support@mimmag,com.

4. Content.

The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by You or through Your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any Content.  Content may be provided by You or third parties, including other users of Services. We do not pre-screen all Content and do not endorse, approve, or prescreen any Content that You and other users may contribute to Services, and we are not responsible for the accuracy or inaccuracy of any Content.  

By submitting Your Content to the Services, You represent and warrant that You have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms of Service. You are solely responsible for Your Content and may be held liable for Content You post.

You retain any ownership rights You have in Your Content, but You grant MiM Mag a license to use it. When Your Content is created with or submitted to the Services, You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with MiM Mag. You also agree that we may remove metadata associated with Your Content, and You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. 

Any ideas, suggestions, and feedback about MiM Mag or our Services that You provide to us are entirely voluntary, and You agree that MiM Mag may use such ideas, suggestions, and feedback without compensation or obligation to You.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for any violation of these Terms of Service.  

5. Intellectual Property Rights.

1. Copyright Information

Content within the Services is owned and/or licensed by us and is protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Service unless You are authorized to do so in writing by us.  

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content.  We reserve all rights in the Content that are not expressly granted to you in this Terms of Service. 

Making unauthorized copies of Content found in Services may result in the termination of Your Account(s), prohibition on use of Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless us from any unauthorized or illegal conduct by You, or through the use of Your Account, on Services.

1. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.  If You believe that Your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to our Designated Agent listed below.  For your notice to be effective, it must include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) A description of the copyrighted work that you claim has been infringed upon;

(3) A description of where the material that you claim is infringing is located on this Website;

(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) 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.

Rocket Lawyer Corporate Services LLC

318 North Carson Street #208

Carson City NV 89701

The Designated Agent should be contacted only if You believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website.  All other inquires to the Designated Agent will not be answered.

1. Trademarks

MiM Mag’s trademarks and the associated graphics, logos and service marks are licensed to use and may not be used without prior written consent.  All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

1. Rights of Publicity.

You agree to MiM Mag’s use of Your username and/or name, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.  

6. Paid Services.

Some Services require payment of a fee or subscription. You must have an Account and pay the fees to participate in these activities. 

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, UNLESS OTHERWISE STATED. 

Subscriptions to the Site (once available) are guaranteed by a 14-day 100% money-back guarantee refund policy. 

We reserve the right to change our fees or billing methods at any time.   If Your use of the Services is subject to use or sales tax, then we may also charge You for any such taxes, in addition to the subscription or other fees. 

Payment Options.  You may pay fees using the methods available for a particular Service and You agree to the terms and conditions applicable to each payment method you choose.  Payment methods may vary by Service.  When you provide credit card or other payment information to Us or our third party provider, You represent that You are the authorized user of the credit card or other payment method.  You must provide current, complete, and accurate information for your billing account.  We reserve the right to utilize third party credit card updating services and identify verification services to obtain current expiration dates on credit cards provided by You to Us and verify that information You have provided is true and accurate.

As the Account holder, You are responsible for all charges incurred, including applicable taxes or shipping, and all purchases made by You or anyone that uses Your Account, including Your family or friends. This means that, unless Your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by You to use Your Account, You will be responsible for all usage and purchases on your Account.

7. Disclaimer of Warranties and Limitations of Liability.

You expressly agree that use of the Website, services, and Content is at Your sole risk. Neither We nor any of Our officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Us (collectively “Providers”), or the like, warrant that sites affiliated with Providers, including, but not limited to, the Website will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on the Website may contain inaccuracies or typographical errors. We make no warranty as to the accuracy, reliability, or currency of any information content, service, or merchandise provided on or through the Website.

1.   Disclaimer of Warranties.

OUR WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE, SECURITY OF OUR WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

1.   Limitation of Liability.

WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF OUR WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.

THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A YOU ON ANY INFORMATION OBTAINED FROM OUR WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR WEBSITE.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR GOODS OR SERVICES, FROM INABILITY TO USE OUR GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of the Website.

8. Third Party Links.

The Website may from time to time contain links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under Our control, and the existence of a link on the Website does not imply any endorsement of the linked website(s) by Us or any affiliation between Us and the owners of the linked websites. We make no warranties or representations, and disclaim all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that We have no responsibility to You with respect to such material. We encourage You to examine the privacy policies and/or terms of use policies of any third party website.

9. Circumvention.

You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms of Service or the Content offered through the Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If We determine, in Our sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, We reserve the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.

10. Termination.

These Terms of Service are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website. Your access to the Website may be terminated immediately without notice from Us, if in Our sole discretion, You fail to comply with any term or provision of these Terms of Service.

11. Security.

We reserve the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.

12. Indemnification.

You agree to defend, indemnify and hold Us and Our affiliates, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors harmless from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of the Website or the Contents, including any data or work transmitted or received by You or any service provider; (b) Your violation of these Terms of Service; or (c) Your violation of any rights of a third party or service provider.

13. Arbitration.

Any Dispute relating in any way to Your visit to the Website shall be submitted to confidential arbitration in Las Vegas, Nevada except that, to the extent You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Nevada. We agree that any Dispute between us shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Nevada law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below. We will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator in Las Vegas, Nevada, and will be limited solely to the Dispute between us. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Service or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate Disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) these Terms of Service and/or Our Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Us; or iii) any other Dispute arising out of or relating to the relationship between You and the Providers. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.

14. Applicable Law/Jurisdiction.

By visiting the Website, even if accessed from a location outside the United States, you agree that the laws of the State of Nevada will govern these disclaimers, Terms of Service and Privacy Policy, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to the Website and these disclaimers, Terms of Service or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Nevada

15. Waiver/Severability.

Any failure by Us to require or enforce strict performance by You of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Your right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.

16. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms of Service and/or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

17. Entire Agreement.

These Terms of Service constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service and/or Privacy Policy will be effective only if in writing and signed by Us.

DATE LAST MODIFIED: September 4th, 2019.
These Terms of Service may be changed at any time.