‍Acceptance of Terms

‍The Terms of Service ("Terms") you are reading are a legal agreement between 270 Media ("270 Media LLC") and yourself ("you"). By accessing or using any 270 Media LLC mobile application or web application ("Service") you agree that you have read, understood, accepted and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. 270 Media LLC reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you violate the Terms, 270 Media LLC reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that 270 Media LLC need not provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion. You agree that 270 Media LLC may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.

‍Account information

‍During the process of creating an account to access the Service (”Account”), you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):

You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. 270 Media LLC will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;

In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify 270 Media LLC and modify your Login Information;

You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;

You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal.

You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors.

270 Media LLC reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

Any personal information you provide to us when creating or updating your account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with 270 Media LLC’s Privacy Policy. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.

‍License

‍Subject to your agreement and compliance with these Terms, 270 Media LLC grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever.

You agree not to download, display, use, copy, redistribute, publish, or otherwise exploit any Content located in the Service for use in any publications, in public performances, on websites other than this Service, for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content that appears in this Service.

You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.

Account Termination

‍270 Media LLC may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or 270 Media LLC’s intellectual property as determined by 270 Media LLC in its sole discretion. You may lose your user name and persona, if applicable, as a result of account termination, without responsibility on the part of 270 Media LLC for any damage that may result from the foregoing.

In addition to the foregoing, 270 Media LLC may selectively remove, revoke Benefits associated with your account. "Benefits" mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnished from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service.

You acknowledge that 270 Media LLC is not required to provide you notice before suspending or terminating your account or selectively removing or revoking Benefits associated with your account. In the event that 270 Media LLC terminates your account, you may not participate in any of the Services again without 270 Media LLC’s express permission. 270 Media LLC reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account. If you believe that any action has been taken against your account in error, please contact us at: connect@270media.com.

‍Rules of Conduct and Usage

‍You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.

You undertake that you shall not defraud, or attempt to defraud, 270 Media LLC or other users, and that you shall not act in bad faith in your use of the Service. If 270 Media LLC determines that you do act in bad faith in violation of these Terms, or if 270 Media LLC determines that your actions fall outside of reasonable community standards, 270 Media LLC may, at its sole discretion, terminate your account and prohibit you from using the Service.

You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

• Create an account with or access the Service if you are under the age of 13;
• Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
• Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
• Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
• Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
• Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
• Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
• Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
• Upload or transmit (or attempt to upload or to transmit), without 270 Media LLC’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
• Improperly use support channels or complaint buttons to make false reports to 270 Media LLC;
• Develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
• Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
• Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without 270 Media LLC’s written permission;
• Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without 270 Media LLC’s written permission;
• Engage in any fraudulent activity with respect to payment methods, coupon redemption, or advertiser tracking mechanisms;
• Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
• Attempt to use the Service on or through any service that is not authorized by 270 Media LLC. Any such use is at your own risk and may subject you to additional or different terms. 270 Media LLC takes no responsibility for your use of the Service through any service that is not authorized by it;
• Post or communicate any person's real-world personal information using the Service;
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
• Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.

‍Intellectual Property (IP) Ownership

‍270 Media LLC and its licensors retain all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

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You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without 270 Media LLC's and Winistry Inc.'s explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from 270 Media LLC. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.

270 Media LLC and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.

‍Disclaimer of Warranty; Limitation of Liability

‍You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, 270 Media LLC, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. 270 Media LLC makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:

(i) Errors, mistakes, or inaccuracies of content;

(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;

(iii) Any unauthorized access to or use of 270 Media LLC’s secure servers and/or any and all personal information and/or financial information stored therein;

(iv) Any interruption or cessation of transmission to or from the Service;

(v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or

(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

In no event will 270 Media LLC, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not 270 Media LLC has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that 270 Media LLC shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold 270 Media LLC, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with

(i) Your use of and access to the Service;

(ii) Your violation of any term of these Terms;

(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;

(iv) Any claim that a user submissions made by you has caused damage to a third party; or

(v) Any User Content you post or share on or through the Service.

‍Mobile App Users

‍The use of the 270 Media LLC Service requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from 270 Media LLC, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Service, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Service.

270 Media LLC may, at its discretion, automatically download Service updates to your device from time to time. You agree to accept these Service updates, and to pay for any costs associated with receiving them. The Service may not work with all devices or all mobile carriers. 270 Media LLC makes no representations that the Service will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Service, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

‍Users of the Apple Service

‍If you download and use our iPhone or iPad App: You, the end-user of this Service, acknowledge that this agreement is entered into by and between Company and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Service and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Service. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at 

http://www.apple.com/legal/itunes/us/terms.html#APPS

). This agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at 

http://www.apple.com/legal/itunes/appstore/dev/stdeula/

). For purposes of these Terms, the Platform is considered the “Licensed Application” as defined in the LAEULA and 270 Media LLC is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Service (including, without limitation, a third party claim that the Service infringes that third party’s intellectual property rights) or your use or possession of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

‍Export Controls

‍The Service is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Service. These laws include restrictions on destinations, end users and end use. You may not use or otherwise export, re-export, divert, transfer, or disclose any portion of the Service or any related technical information or materials, directly or indirectly, except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported, re-exported, diverted, transferred, or disclosed (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You also agree that you will not use the Platform for any purposes prohibited by United States law.

‍Privacy and Location Based Services

‍270 Media LLC respects the privacy of visitors to our Service. On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices. You acknowledge and agree that this Privacy Policy, including but not limited to the manner in which 270 Media LLC collects, uses, and discloses your personally identifiable information, applies to information you submit in this Service is incorporated and made a part of these Terms, and that you hereby agree to the terms of that Policy. If you do not agree to each and every part of our Privacy Policy, then you should not use the Platform.

In addition, this Service may use location-based services to locate you. If you choose to use the location-based services portion of this Service, you consent to 270 Media LLC and/or its third party provider accessing your approximate or exact location. You also grant 270 Media LLC permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which 270 Media LLC believes you may be interested, including working with third parties who provide targeted advertising content.

‍NOTICE AND PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement must be sent to the site’s Designated Agent at the following address: Marin Magazine – 1 Harbor Dr, Suite 208, Sausalito, CA 94965 or webmaster@marinmagazine.com. Such notification must be a written communication that includes the following: (i) a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under law; and (vi) 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. Upon receipt of such notification we may give notice to our users by means of a general notice on the site, e-mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (iv) your name, address and telephone number, and a statement that you consent to the jurisdiction of a federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which marinmagazine.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person

MISCELLANEOUS

This Agreement has been made in, and will be construed in accordance with the laws of, the State of Illinois. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Cook County, Illinois in all disputes arising out of or relating to this Agreement or use of this website.

270 Media LLC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

If you do not agree with the terms and conditions of this document, please discontinue using any of 270 Media LLC Inc.’s services. If there are any questions regarding these Terms and Conditions you may contact us at: connect@270Media.com

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