Terms of Services

Thank you for visiting www.ZooeyMagazine.com. By accessing www.zooeymagazine.com (“Site”), you are hereby legally consenting to these terms and conditions of use (“Terms of Use”) before proceeding any further with accessing, viewing, and other usage of our “Site.” If you are an individual who wishes to become a subscriber or contributor to “Zooey Magazine” content (a “Subscriber”) and/or make use of this Site’s services (the “Service”), you must read these Terms of Use and indicate your acceptance of our terms as instructed through our “Contribute” link.

Zooey Magazine/ZooeyMagazine.com welcomes you to our website and we hope you enjoy it as much as we do!

1. Eligibility

ZooeyMagazine.com is available for individuals aged 14 and older. If you are below the age of 14, please review our “Terms of Use” with your parents or legal guardians before using proceeding further. If you do not agree with any of these “Terms of Use,” then you must immediately stop all access to our “Site.” By agreeing to these terms, you (“User”) warrant that you have read, fully understood, and have the right to enter into such an agreement and will abide by our “Terms of Use.” Zooey Magazine reserves the right to change, update, or modify our Terms of Use at our discretion without proper announcement. It is the “Users” responsibility to thoroughly read and understand these “Terms of Use.” We are an honest company and it is not our interest to cause harm or create any unfair circumstances to our “Users” and “Contributors.”

2. Content and Use of “Site”

Certain written and visual contents of our “Site” and our bi-monthly publication, including but not limited to: texts, fonts, design, illustrations, artworks, articles, photographic images/pictures, video clips, which are not “Subscriber Content” as discussed in Section 3 of these “Terms of Use,” are to remain the sole and exclusive property of Zooey Magazine and are protected by Copyright. “Users” and visitors to www.ZooeyMagazine.com may not in any way, unless allowed by Zooey Magazine in writing, duplicate, copy, or otherwise extract any content from our “Site.” By accessing and using our “Site,” all “Users” will abide by these terms. Furthermore, “Users” agree not to distribute, reproduce, sell or any commit any acts that would result in personal monetary gain or otherwise use any of www.ZooeyMagazine.com contents, or the contents of our bi-annual Anthology Publications in whole, or in part, for public or commercial events without approval by Zooey Magazine. Violators will be persecuted by the fullest extent of the law.

All trademarks and service marks, including, but not limited to characters, artwork, logos, photographic pictures, and images identified on our “Site” are exclusively owned by www.ZooeyMagazine.com, unless otherwise stated by us. “Users” agree not to remove, modify, use or otherwise exploit any of our copyrighted property without prior written approval.

Www.ZooeyMagazine.com, nor any owners, “Contributors”, and other website “Users” are responsible for any liability arising from your usage of our “Site” contents.

3. Contributor Content

“Users” who are asked to help contribute to the contents of www.ZooeyMagazine.com shall henceforth be noted as “Contributors.” All “Contributors” hereby agrees to grant Zooey Magazine an irrevocable, nonexclusive, fully paid and royalty free right and worldwide license and permission to: modify, adapt, publish, distribute, display all contributed contents on www.ZooeyMagazine.com or to be incorporated into other works in any media known now or later developed. Furthermore, all “Contributors” understand and agree that their contributions may be included in our bi-monthly publication which will be made available for resale through www.ZooeyMagazine.com. All “Contributors” whose work will be featured in our Anthology Publications will receive an allocated share of proceeds from the sale of our Anthology. (Please see our “Terms of Contributor Proceeds” for more detail).

All “Contributors” agree, warrant and acknowledge that your contributions are: original, solely own by you the “Contributor” and you legally have the right to submit and make available your contents to www.ZooeyMagazine.com, is not defamatory and does not infringe on any laws or judicial or government order. In the event which a “Contributor’s” content is in violation of the above warranty, you the “Contributor” hereby agree to indemnify www.ZooeyMagazine.com against all legal fees, damages, or any expenses arising out of your misconduct and breach of the above warranty.

Zooey Magazine preserves the right to disclose all “Contributor” content including name, contact and personal information if required to do so by law or in the good faith that such disclosure is necessary and required to: comply with legal proceedings, enforce our Terms of Use, respond to 3rd party claims that submitted contents is in violation of any copyright, and to protect the right and safety of our “Site.” It should be noted that www.ZooeyMagazine.com reserves the right to modify, alter, delete, remove or not display any submitted content whether the content has already been posted on our “Site” in the past or will be in the future. Www.ZooeyMagazine.com will is solely responsible in deciding what is posted to our “Site” and what is not without the need to explain or justify our actions to the “Users” and “Contributors.”

4. Misconduct

By accessing and using www.ZooeyMagazine.com, “Users” and “Contributors” MUST agree NOT TO:

1) Post, upload, or submit any content that is: unlawful, objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially/ethnically offensive, or otherwise inappropriate.

2) Submit to this “Site” any materials that: infringes on any copyright and proprietary laws of any other parties other than yourself.

3) Submit or provide instructions and procedures that are illegal in nature such as making or buying illegal weapons, narcotics or the creation computer viruses.

4) Submit, transmit, upload or distribute any programs, contents or materials which may contain malicious code including but not limited to viruses, time bombs, Trojan horses, spyware, or any harmful programs, products, or activities which will affect the productivity of this “Site” or any of it’s “Users.”

5) Submit or send any junk, duplicative, unsolicited emails or spams or “phishing.”

6) Violate any Federal and/or State Laws, regulations, treaties or infringe upon any intellectual property rights or publications.

7) Gain any unauthorized access to this “Site.”

8) Copy, extract, or use any of the contents on this “Site” for the purpose of selling, marketing, promoting, or any activity which will result in personal or monetary gain without written consent of www.ZooeyMagazine.com.

9) Violate these Terms of Uses.

ZooeyMagazine will make our best efforts to ensure that all “Users” will have a safe and productive time while accessing our site. In the event that some “Users” or “Contributors” violated any of the above mentioned conditions which resulted in “Users” becoming exposed to such malicious consequences, neither www.ZooeyMagazine.com, its officers, directors, employees, members, managers, partners will NOT, in any way, be held responsible for damages and liabilities incurred because of such party’s actions. We strive to make our “Site” safe as possible, but in today’s environment, nothing is full proof and you the “Users” must agree and understand this fact before further accessing our “Site.”

5. Copyright Infringement Notification and Procedure

If you believe that this “Site” contains any copyrighted information and/or content, please follow the procedures described below.

Send all written notification via email: contact@zooeymagazine.com.
In order for www.ZooeyMagazine.com to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

1) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);
2) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;
3) A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists;
4) A clear description of where the infringing material is located on our website, please including the URL;
5) Your name, address, telephone number, and e-mail address;
6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Any other reproduction and redistribution is prohibited other than for sole purpose of promotion with proper credits to ZooeyMagazine.com and content’s rightful copyright owners.

6. Third-Party Sites, Products and Services; Links

ZooeyMagazine.com may include links or references to other website, advertisements or services for your use and convenience. ZooeyMagazine.com is in no way responsible for the privacy policies or Terms and Conditions on these other site. It is up to the “Users” to thoroughly read and understand the policies on these 3rd party websites before accessing them. In addition, any business dealings and or participation with these 3rd party websites are solely between you the “Users” and the advertisers or 3rd party websites.7. Indemnification

7. Indemnification

“User” hereby agree to indemnify, save and hold www.ZooeyMagazine, and all its affiliations including but not limited to: contractors, 3rd party companies, employees, officers, directors, suppliers, licensors, members, investors, and partners harmless from any claims, losses, damages, liabilities including legal fees and expenses which may arise out of your misuse of our “Site” through any violations of our Terms of Use. ZooeyMagazine.com reserves the right, at your expense to assume exclusive defense and control over any matter for which you the “Users” are required to indemnify www.ZooeyMagazine.com and you agree to cooperate with www.ZooeyMagazine.com’s defense of these claims. Www.ZooeyMagazine.com will make every effort to properly notify you punctually of any such claim, action or legal proceedings as soon as we are aware of it.

Last updated: September 27, 2012