Terms & Service

FOURCEmag.com Terms of Service

These Terms of Service (the “Agreement”) are between you and FOURCEmag.com and govern your access to and use of FOURCEmag.com services and FOURCEmag.com websites which may be accessed via various existing or future media or devices (hereinafter “Services”).

Use of the Services signifies your unconditional agreement to the terms and conditions of this Agreement. If you do not agree to these terms and conditions of use, do not access or otherwise use the Services.

A.  FOURCEMAG.COM SERVICES

1.  CONTENT

You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials whether publicly displayed or privately transmitted on the Services (“Content”) are the sole responsibility of the person or entity from whom such Content originated. The Content is intended for your personal, noncommercial use. All materials posted on the Services are protected by copyright and are owned or controlled by FOURCEmag.com or the party credited as the provider of the Content. You must abide by all copyright notices and any other terms restricting your use of any Content.

The Services, including any Content, is protected by copyright under U.S. and international copyright laws. You may not publish, reproduce (except as permitted in the next sentence), transmit, participate in the sale or transfer of, create new works from, distribute, perform, display, or in any way exploit any of the Services, including Content, in whole or in part. You may copy or download Content for personal, noncommercial use only, provided that you maintain all copyright notices and other restrictive notices contained on such Content. Copying or storing any Content for any nonpersonal use is expressly prohibited without prior written permission from FOURCEmag.com.

Content is owned by or licensed to FOURCEmag.com. FOURCEmag.com does not guarantee the accuracy, integrity, or quality of Content, including that originating from its licensors, and you understand that by using the Services that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. FOURCEmag.com will, under no circumstances, be liable for any Content, including Content errors or omissions, or any loss or damage of any kind, including financial or trading losses, resulting from the use of any Content made available via the Services.

You acknowledge and agree that any content that you upload, post, email, transmit, or otherwise make available to the Services including comments, forum or board messages, reviews, shared activities, and updates (“Content”) may be edited, modified, removed, published, transmitted, or displayed by FOURCEmag.com and that you hereby waive any rights you may have regarding your Content being altered or manipulated in any way that may be objectionable to you. You further agree that by submitting Content that you consent to its display on the Services, and for any related promotional use, whether on the Services or on other websites or in other media.  Content may be shared via FOURCEmag.com via RSS feeds or other API-enabled feeds or updates.

Subject to the terms and conditions of this Agreement, you hereby grant FOURCEmag.com a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with right to sublicense) to the Content, including without limitation the right for FOURCEmag.com or any third party FOURCEmag.com designates, to: use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future, any Content submitted by you on or via the Services or any other website owned or operated by FOURCEmag.com.

You may not upload, post, email, transmit, or otherwise make available any Content that, (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, (b) harms minors in any way, (c) impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, (d) forges headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services, (e) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or (f) infringes any patent, trademark, trade secret, copyright, or other proprietary rights  of any party.

You also may not upload, post, email, transmit, or otherwise make available (a) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy), or (b) any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

You also many not (a) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges, (b) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including using any device, software, or routine to bypass our robot exclusion headers, (c) intentionally or unintentionally violate any applicable local, state, national, or international law (d) “stalk” or otherwise harass another, (e) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above; or (f) circumvent, or attempt to circumvent, by any means, any CAPTCHA controls or other identity-verification controls implemented by FOURCEmag.com.  You are solely responsible for your Content, and while FOURCEmag.com does not and cannot review all Content and is not responsible for such Content, FOURCEmag.com reserves the right to delete, move, or edit Content that it, in FOURCEmag.com’s sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

2.  UNSOLICITED SUGGESTIONS TO FOURCEMAG.COM

Notwithstanding any other terms of this Agreement, by submitting ideas, suggestions, documents, or proposals (“Unsolicited Suggestions”) to FOURCEmag.com through FOURCEmag.com’s suggestion or feedback pages, you acknowledge and agree that: (a) your Unsolicited Suggestions do not contain confidential or proprietary information; (b) FOURCEmag.com is not under any obligation of confidentiality, express or implied, with respect to the Unsolicited Suggestions; (c) FOURCEmag.com shall be entitled to use or disclose (or choose not to use or disclose) such Unsolicited Suggestions for any purpose, in any way, in any media worldwide; (d) FOURCEmag.com may have something similar to the Unsolicited Suggestions already under consideration or in development; (e) your Unsolicited Suggestions automatically become the property of FOURCEmag.com without any obligation of FOURCEmag.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from FOURCEmag.com under any circumstances.

3.  FOURCEMAG.com CONTRIBUTORS; YOUR REGISTRATION OBLIGATIONS

Once you register as a FOURCEmag.com Contributor, content that you submit via the submission process that may include any technology, designs, articles, written expressions, materials, content, graphics, data, information, images, photographs, art, illustrations, animations, video, audio, or audio/visual work, music, text, and/or any works of authorship that You provide to FOURCEmag.com hereunder, whether or not eligible for patent, copyright, trademark, trade secret, or other legal protection (“Submissions”) are subject to the terms of this Agreement.  Your submitting Submissions to FOURCEmag.com will, under no circumstances, create an employment relationship between you and FOURCEmag.com.

Registration Data: To register as a FOURCEmag.com Contributor, you represent that you can form a binding contract and are not a person barred from contributing to FOURCEmag.com under the laws of the United States or other applicable jurisdiction. You also agree that you will provide and maintain true, accurate, current, and complete information about yourself (the “Registration Data”.

Your Account and Password; Security

When you register, you will select a password for your FOURCEmag.com account. Account passwords cannot be changed or modified unless administered by FOURCEmag.com.  You are solely responsible for maintaining the confidentiality of your password and account. You must notify FOURCEmag.com immediately of any suspected unauthorized use of your password or account or any other breach of security. You are also fully responsible for all activities that occur under your password or account, and any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account and you may be referred to law enforcement agencies, at FOURCEmag.com ‘s sole discretion. FOURCEmag.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Conduct

You acknowledge, consent and agree that FOURCEmag.com may access, preserve, and disclose your Registration Data and related account information, and your Content or Submissions, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce Agreement; (iii) respond to claims that any Content or Submissions violates the rights of third parties; or (v) protect the rights, property, or personal safety of FOURCEmag.com and the public.

You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by FOURCEmag.com and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

4.  INDEMNITY

You hereby agree to defend, indemnify and hold harmless FOURCEmag.com, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney’s fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim.

5.  GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that FOURCEmag.com may establish general practices and limits concerning use of the Services, including the maximum number of days that uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) that you may access the Services. FOURCEmag.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. Your agreement to Agreement constitutes your consent to allow FOURCEmag.com to store these communications on its servers.

6.  TERMINATION

FOURCEmag.com may, without prior notice and at its sole discretion, immediately terminate, limit your access to, or suspend your access to the Services, for no reason or for cause which may include your breach of Agreement. FOURCEmag.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.

Termination of your FOURCEmag.com Contributor account may include any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.  Applicable payment obligations by FOURCEmag.com to you will remain in full force and effect.

7.  DEALINGS WITH ADVERTISERS AND PRODUCT REVIEWS

Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that FOURCEmag.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

Product Reviews. You agree that should you accept a retail product or other good from a manufacturer, promoter, or any individual or entity representing such product with the expectation that you will review or comment upon such product that such review or any statements made by you regarding such product will be true, accurate, and based on your personal experience. You also understand and agree that you are solely responsible for, and may be liable for, any false or misleading claims you make about the product its manufacturer or promoter, and that you will review and adhere to any particular restrictions or guidelines regarding product reviews that are set forth by FOURCEmag.com. Finally, when promoting your Submission, you must clearly disclose as applicable the type and extent of your connection to the product manufacturer or promoter, and such disclosure must also comply with any terms set forth by FOURCEmag.com.

8.  LINKS

The Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that FOURCEmag.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FOURCEmag.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource

9.  FOURCEMAG.COM’S PROPRIETARY RIGHTS

You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by FOURCEmag.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on the Services, such Content or the Software, in whole or in part.

FOURCEmag.com grants you a personal, nontransferable and nonexclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by FOURCEmag.com for use in accessing the Services.

10.  DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.  YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOURCEMAG.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

b.  FOURCEMAG.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11.  NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in Agreement, there shall be no third-party beneficiaries to this agreement.

12.  NOTICE

FOURCEmag.com may provide you with written notices to the email or mailing address provided by you in your Registration Data. FOURCEmag.com is not responsible for damage or losses that may be incurred by you as a result of your failure to receive such notices due to inaccurate or incomplete Registration Data, spam filters, or your lack of internet access.

13.  TRADEMARK INFORMATION

You agree that all of FOURCEmag.com trademarks, trade names, service marks, and other FOURCEmag.com logos and brand features and product and service names are trademarks and the property of FOURCEmag.com (the “FOURCEmag.com Marks”). You agree not to display or use in any manner the FOURCEmag.com Marks without FOURCEmag.com’s prior permission.

14.  NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

FOURCEmag.com respects the intellectual property of others, and we ask our users to do the same. FOURCEmag.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

B.  ASSIGNMENT DESK

15.  ELIGIBILITY

Freelance writers must be at least 18 years old and a legal US resident. Freelance writers must accept the terms of this Agreement, provide accurate contact information, and abide by the policies set forth in the FAQ.

16. CLAIMED CONTENT

For the purposes of this agreement “Claimed Content” shall mean assignments claimed by You through FOURCEmag.com Assignment Desk.

17.  FEEDBACK

We will own and have the sole rights to use any ideas, information, and concepts derived from your submission of content, or any other suggestions or information you disclose, without restriction and without compensating you in any way.

18.  ASSIGNMENT DESK ACKNOWLEDGEMENTS

You acknowledge that:

a. You will not be paid if you do not submit your content through the Assignment Desk.

b. You will submit content through the Assignment Desk by the due date.

c. There is no guarantee that the content you submit will be published.

d. The decision to publish is solely within the discretion of FOURCEmag.com.

e. The recipients of any given assignment will be determined by FOURCEmag.com.

f.  FOURCEmag.com reserves the right to change, reject, or cancel an assignment.

19.  ASSIGNMENT DESIGNATION

Assignment of content is subject to prior approval and Your continued compliance with the terms of this Agreement. Continual submission of content indicates your acceptance of the T&Cs of FOURCEmag.com.

20.  RESPONSIBILITIES

You agree that you are solely responsible for all content and materials published by You on FOURCEmag.com, and adherence to the terms of this Agreement. FOURCEmag.com reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including, but not limited to, fraudulent claiming of content, or engagement in any activity prohibited by this Agreement.

21.  CONFIDENTIALITY

You agree not to disclose FOURCEmag.com Confidential Information without FOURCEmag.com’s written consent. FOURCEmag.com Confidential Information includes without limitation (a) all the FOURCEmag.com software, technology, reporting, specifications, materials, guidelines, and documentation relating to the Assignment Desk Program and (b) any other information designated in writing by FOURCEmag.com as “Confidential” or an equivalent designation.

Confidential Information shall not include the following: (a) information that is or becomes generally available to the public other than as a result of a violation of confidentiality obligations, including this Agreement; (b) information that is or becomes available on a non-confidential basis from a source which is not prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to FOURCEmag.com; or (c) information that You can demonstrate was legally in your possession prior to its disclosure by FOURCEmag.com.

It shall not be a breach of the confidentiality obligations hereof for You to disclose Confidential Information where, but only to the extent that, such disclosure is required by law or applicable legal process, provided in such case You shall (i) give the earliest notice possible to FOURCEmag.com that such disclosure is or may be required and (ii) reasonably cooperate in protecting such confidential or proprietary nature of the Confidential Information which must so be disclosed.

22.  PAYMENT

Subject to your compliance with this Agreement, FOURCEmag.com will pay you in accordance with the offers posted in the Assignment Desk. By claiming content you agree to the terms listed for that particular assignment. Assignment Payments will be made in accordance with FOURCEmag.com’s regular payment schedule. FOURCEmag.com reserves the right to withhold payment or charge back to your account due to any breach of this Agreement by You, pending FOURCEmag.com’s reasonable investigation of any of the foregoing or any breach of this Agreement by You. To ensure proper payment, You are solely responsible for providing and maintaining information associated with your FOURCEmag.com account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and fully-completed Form W-9. You agree that you are solely responsible to pay all applicable taxes or charges imposed by any government entity in connection with your freelance assignment. FOURCEmag.com reserves the right to change its payment structure at any time. If you dispute any such payment under this Agreement, You must notify FOURCEmag.com in writing within thirty (30) days of any such payment; failure to so notify FOURCEmag.com shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by FOURCEmag.com. No other measurements or statistics of any kind shall be accepted by FOURCEmag.com or have any effect under this Agreement. The payments made under this Agreement are for use by YOU only and may not be transferred or in any manner passed on to any third party (i.e., distributed to websites managed by You that requires separate payments) unless expressly authorized in writing by FOURCEmag.com (including electronic mail).

22.  LIMITATION OF LIABILITY

EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO ASSIGNMENTS (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) FOURCEmag.com’s AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET MOUNT PAID BY FOURCEmag.com TO YOU DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

23.  FORCE MAJEURE

Without limiting the foregoing and except for payment obligations, neither party shall have liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or the acts of terrorism, earthquake, or other acts of God, labor conditions, pandemics, and power outages.

24. REPRESENTATIONS

You represent and warrant that

a. all of the information provided by You to FOURCEmag.com as a freelance writer is correct and current;

b. You are the owner of each piece of Content or that You are legally authorized to act on behalf of the owner of such Content for the purposes of this Agreement as a freelance writer at FOURCEmag.com,

c. You have all necessary right, power, and authority to enter into this Agreement and to perform acts required of You hereunder;

d. You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation any Copyright, Trademark, and Patent laws, the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder.

You further represent and warrant that your Content:

(i) complies with all applicable laws, statutes, ordinances, and regulations;

(ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity, or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and

(iii) is not pornographic, hate-related, or otherwise violent.

YOU EXPRESSLY AGREE TO THE FOLLOWING WARRANTY DISCLAIMER. Fourcemag.com does not warrant that the Assignment Desk or Internet (Worldwide Web) will operate error-free or uninterrupted. This warranty disclaimer shall apply to the maximum extent permitted by law.

C.  GENERAL INFORMATION

25.  ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and FOURCEmag.com and governs your use of the Services.

26.  CHOICE OF LAW

THIS Agreement and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to Agreement, or the relationship between you and FOURCEmag.com, shall be brought exclusively in the courts located in the county of Cook, Illinois, or the U.S. District Court for the Northern District of Illinois. You and FOURCEmag.com agree to submit to the personal jurisdiction of the courts located within the county of Cook, Illinois, or the U.S. District Court for the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

27.  WAIVER AND SEVERABILITY

The failure of FOURCEmag.com to exercise or enforce any right or provision of Agreement shall not constitute a waiver of such right or provision. If any provision of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of Agreement remain in full force and effect.

28.  NO RIGHT OF SURVIVORSHIP

You agree that your FOURCEmag.com account is nontransferable and any rights to your FOURCEmag.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate or as otherwise permitted per the terms of Agreement, your account may be terminated and all associated Content may be permanently deleted. Notwithstanding the foregoing, in the event that you have,  a) contributed Submission(s) to FOURCEmag.com, b) FOURCEmag.com has exercised its Option to the License Grant Type elected by you, and c) have properly established a means for receiving payments per the Payment Policy, then upon receipt of documentation sufficient, in FOURCEmag.com’s sole reasonable discretion, to establish a beneficiary to your estate that includes rights to your FOURCEmag.com account, then FOURCEmag.com will effect the transfer of your FOURCEmag.com account limited solely to receipt of payments due and specifically excludes any rights to edit existing Submissions, create new Submissions or modify Registration Data.

29.  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 Services or Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

D.  PRIVACY POLICY

30.  INFORMATION COLLECTION AND USE

FOURCEmag.com collects personal information when you register with FOURCEmag.com, when you use FOURCEmag.com products or services, when you visit FOURCEmag.com pages or the pages of certain FOURCEmag.com partners. When you register we ask for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, and personal interests.

FOURCEmag.com automatically receives and records information from your computer and browser, including your IP address, FOURCEmag.com cookie information, software and hardware attributes, and the page you request.

FOURCEmag.com uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

31.  CHILDREN’S PRIVACY STATEMENT

This children’s privacy statement explains the FOURCEmag.com’s practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.

FOURCEmag.com does NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Services. FOURCEmag.com screens users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen as part of the Services, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Services.

Because FOURCEmag.com does not collect any personally identifiable information from children under the age of thirteen as part of the Services, we also do NOT knowingly distribute such information to third parties.

FOURCEmag.com does NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Services.

Because FOURCEmag.com does not collect any personally identifiable information from children under the age of thirteen as part of the Services, FOURCEmag.com does NOT condition the participation in the Services’ online activities of a child under thirteen on providing personally identifiable information.

32.  INFORMATION SHARING AND DISCLOSURE

FOURCEmag.com does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:

We provide the information to trusted partners who work on behalf of or with FOURCEmag.com under confidentiality agreements. These companies may use your personal information to help FOURCEmag.com communicate with you about offers from FOURCEmag.com and our marketing partners. However, these companies do not have any independent right to share this information.

We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of FOURCEmag.com’s terms of use, or as otherwise required by law.

We transfer information about you if FOURCEmag.com is acquired by or merged with another company. In this event, FOURCEmag.com will notify you before information about you is transferred and becomes subject to a different privacy policy.

FOURCEmag.com displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, women ages 18-24 from a particular geographic area.

FOURCEmag.com does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.

FOURCEmag.com advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).

FOURCEmag.com works with vendors, partners, advertisers, and other service providers in different industries and categories of business. For more information regarding providers of products or services that you’ve requested please read our detailed reference links.

33.  COOKIES

FOURCEmag.com may set and access FOURCEmag.com cookies on your computer.

FOURCEmag.com lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to FOURCEmag.com’s cookies.

FOURCEmag.com uses web beacons to access FOURCEmag.com cookies inside and outside our network of web sites and in connection with FOURCEmag.com products and services.

34.  ACCOUNT INFORMATION

You can edit your FOURCEmag.com Account Information, including your marketing preferences, at any time.

New categories of marketing communications might be added to the Marketing Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.

We reserve the right to send you certain communications relating to the FOURCEmag.com service, such as service announcements, administrative messages and the FOURCEmag.com Newsletter, that are considered part of your FOURCEmag.com account, without offering you the opportunity to opt out of receiving them.

35.  CONFIDENTIALITY AND SECURITY

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.  We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

36.  CHANGES TO PRIVACY POLICY

FOURCEmag.com may update its privacy policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your FOURCEmag.com account or by placing a prominent notice on our site.

QUESTIONS AND SUGGESTIONS

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