Terms and Conditions

Acceptance of Terms and Conditions.
Your access to and use of the 02138 website, located at www.02138mag.com (the “02138 web site”), and all products and services of 02138 magazine, regardless of media, is subject to the terms, conditions and disclaimers set forth below and from time to time throughout the 02138 web site, to our Privacy Policy, and to all applicable laws and regulations. In addition, 02138 reserves the right to terminate access to the 02138 web site for any reason, and to take any other actions that 02138, in its sole discretion, believes to be in the interest of the company and of its users and customers as a whole. 02138 reserves the right to modify these disclaimers, terms and conditions of access, without advance notice.

This is a binding contract between 02138 magazine and you. By your acceptance of this agreement and use of the 02138 web site, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with 02138 including your login and user profile. These terms and conditions are subject to change at any time without prior notification.

BY YOUR USE OF THE 02138 WEB SITE, YOU AFFIRMATIVELY ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS.

ACCESS AND PASSWORDS

Access to the 02138 web site is provided free of charge and does not create a professional services relationship or any other relationship with 02138 magazine. Access to many pages on the 02138 web site is limited to registered users, who are issued user names and passwords. You agree to provide accurate, complete and current information about yourself in all required fields. Users are required to update all information submitted to 02138, if a change occurs. 02138 magazine may suspend or terminate your use of the 02138 web site if 02138 magazine suspects that you have provided incomplete or inaccurate information. Registration by children under the age of 18 is prohibited. Use of any password-protected area of the 02138 web site is restricted to the registered user who has been given permission and a password to enter such area. This password may not be distributed to others, and the registered user is responsible for any and all damages to 02138 magazine resulting from the distribution of his or her password.

You are responsible for maintaining the confidentiality of your password, if applicable. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to notify 02138 magazine immediately of any unauthorized use of your registration or password.

LICENSE AND TERMINATION

Your access to the 02138 web site is licensed to you, not sold. This license immediately terminates upon your breach of these Terms and Conditions and, in addition, 02138 magazine may terminate the license immediately at any time, at will and for the convenience of 02138 magazine. If you do not abide by the disclaimers, terms, or conditions herein, you are not authorized to use the 02138 web site.

The 02138 web site may be used only by you, and you may not rent, lend, sub-license, or transfer the 02138 web site or any data residing on it or any of your rights under these Terms and Conditions to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the 02138 web site. You may not transfer to or store any data residing or exchanged over the 02138 web site in any electronic network for use by more than one user unless you obtain prior written permission from 02138 magazine.

For any images, text, data or other information (referred to herein as “Content”) you submit to 02138 magazine, including profile information, chat room or forum pages, blogs and any e-mail, you warrant that you own the right to utilize, to license and to sublicense the Content and you grant to 02138 magazine a non-exclusive, worldwide, paid-up and royalty-free perpetual license, including right of sublicense, to use, display, distribute, perform, reproduce in whole or in part, modify and create derivative works from the Content, in any media.

INTELLECTUAL PROPERTY

02138 magazine and the 02138 web site, and all other text and images contained on the 02138 web site and in 02138 magazine’s products are protected by United States trademark and copyright law and other applicable law and are the property of 02138 magazine, except as otherwise identified. All copyrights and trademarks not the property of 02138 magazine that are used or referred to in the 02138 web site and 02138 magazine’s products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of 02138 magazine or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law.

02138 magazine’s products, including materials on the site, may not be modified, reproduced or displayed for any commercial or public purpose without specific written permission from 02138 magazine.

ACCEPTABLE USE POLICY

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the 02138 web site, and you agree not to engage in unacceptable use of the 02138 web site, which includes, without limitation, use of the 02138 web site to: -Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication.

-Disseminate or transmit material that to a reasonable person may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including 02138 magazine; (b) any material, non-public information about companies without the authorization to do so.

-Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.

-Post, transmit, e-mail or otherwise make available Content that includes a person’s personal or identifying information about another without that person’s explicit consent.

-Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market.

-Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the 02138 web site or any other computer network.

-Print out or otherwise copy or use any personally identifiable information about other users.

-Disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs or other items of a destructive nature or any other malicious code or program.

-Contact anyone who has agreed not to be contacted.

-“Stalk” or otherwise harass anyone.

-Express or imply that any statements you make are endorsed by us.

-Restrict or inhibit any other visitor or member from using the 02138 web site, including, without limitation, by means of “hacking” or defacing any portion of the 02138 web site.

-Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the 02138 web site.

-Remove any copyright, trademark or other proprietary rights notices contained in the 02138 web site.

-“Frame” or “mirror” any part of the 02138 web site.

-Post irrelevant content, repeatedly post the same Content, or otherwise impose an unreasonable burden on the infrastructure of the 02138 web site.

-Engage in any other activity deemed by 02138 magazine to be in conflict with the spirit or intent of these Terms and Conditions.

You understand that by using the 02138 web site, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.

CONTENT AND NON-ENDORSEMENT

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of 02138 magazine. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The 02138 web site and third parties may provide links to web pages, web sites, and various resources or locations on the web. 02138 magazine has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

If you have a copyright complaint about any information on the 02138 web site, please contact us. If you are aware of any communication in a blog or forum or other user-interactive exchange on the 02138 web site that is unlawful, infringes the property rights of 02138 magazine, a user, or a third party, or otherwise fails to conform to these Terms and Conditions, please send an e-mail notification with the subject “Inappropriate Use” to feedback@02138mag.com.

02138 magazine does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into blogs, forums or other user-interactive exchanges on the 02138 web site, except that (i) 02138 magazine may consolidate and edit for clarity any Content posted to such exchanges, (ii) 02138 magazine may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) 02138 magazine reserves the right to monitor the 02138 web site and to remove any information that 02138 magazine, in its sole discretion, considers to be inappropriate or unlawful. The exercise of such rights shall not create an obligation for 02138 magazine to monitor, screen or edit Content on the 02138 web site in any way.

Please note that, because 02138 magazine and its designees host message exchanges, blogs, boards, reviews and feedback pages and other pages with publicly-generated Content on the 02138 web site (collectively, the “Public Participation Pages”) and, therefore, redistribute materials you give to us, 02138 magazine requires certain rights in those materials. Accordingly, by sending or transmitting to 02138 magazine creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submissions”), or by posting such Submissions to any area of the 02138 web site, you grant 02138 magazine and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of 02138 magazine and 02138 magazine will not be liable for any use or disclosure of any Submissions.

Public Participation Pages

The Public Participation Pages are designed to permit you to share your ideas and opinions. Information on the Public Participation Pages is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in our Public Participation Pages and that people participating in such Public Participation Pages occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. 02138 magazine neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the 02138 web site or Public Participation Pages by third parties. The opinions expressed in the Public Participation Pages reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of 02138 magazine. 02138 magazine is not responsible for any errors or omissions in postings in the Public Participation Pages, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will 02138 magazine or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the 02138 web site or the Public Participation Pages.

We have no obligation to monitor the Public Participation Pages, or any Submissions or other materials that you or other third parties transmit or post on the Public Participation Pages. You acknowledge and agree that 02138 magazine has the right (but not the obligation) to monitor the Public Participation Pages and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Public Participation Area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the 02138 web site properly; to protect ourselves, and our visitors; and to comply with legal obligations or governmental requests.

You are entirely responsible for all material you post on the Public Participation Pages, including but not limited to text, postings, pictures, audio clips, photographs, graphics and all other Content. By posting any Content, you represent and warrant that you own or have the necessary rights to all Content you provide, including but not limited to proprietary rights, copyright and trademark rights. 02138 magazine does not claim ownership of the Content you place on the Public Participation Pages.

LIMITATION OF LIABILITY AND USE

02138 magazine has worked to ensure the accuracy of the information it provides through its products and services, including through the 02138 web site. This information frequently relies on data obtained from many sources, however, and 02138 magazine cannot guarantee the accuracy of the information provided or any analysis based thereon.

YOU EXPRESSLY AGREE THAT THE USE OF 02138 MAGAZINE’S PRODUCTS AND SERVICES, INCLUDING THE 02138 WEB SITE, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND 02138 MAGAZINE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 02138 MAGAZINE DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE 02138 WEB SITE OR FROM 02138 MAGAZINE, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM 02138 MAGAZINE NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

02138 MAGAZINE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER 02138 MAGAZINE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend and hold 02138 magazine, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of these Terms and Conditions; (b) any allegation that any Content or other materials you submit to us or transmit to the 02138 web site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the 02138 web site.

SPECIAL AGREEMENT ON FEE-SHIFTING AND CHOICE OF LAW

If you attempt to bring any legal action against 02138 magazine based in any way on its products or services, including the 02138 web site, you agree that, in the event you do not prevail or 02138 magazine does prevail, you will reimburse 02138 magazine for any costs and attorneys fees associated with their defense of the action.

The use of the 02138 web site and any claim or dispute relating to the 02138 web site shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in Cambridge, Massachusetts. Use of the 02138 web site is unauthorized in any jurisdiction that does not effect to all provisions of these Terms and Conditions, including without limitation this paragraph.

SEVERABILITY

If any provision or portion of these Terms and Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.