Terms and Conditions

We would like to take this opportunity to welcome you to our website. Please continue to browse and use this website at your leisure.

Please take a moment to read and familiarize yourself with our TERMS AND CONDITIONS. By clicking the “I Agree??? button below, you are agreeing to comply with the following TERMS AND CONDITIONS of use, which together with our Privacy Policy govern Ocean Publishing, Inc., our relationship with you and the use of this website.

TERMS AND CONDITIONS 

 Established March 20, 2015

Welcome to My Ocean Magazine and thank you for visiting.  Please carefully review the following TERMS AND CONDITIONS before using this website or any associated Services.  Your use of this site or the Services described below indicates your acceptance of these terms.

Our TERMS AND CONDITIONS covers Ocean Publishing, Inc. and Ocean News Network, Inc., (collectively, “Ocean Publications???) and applies to all activity occurring on this website (http://myoceanmagazine.com), including all pages on the My Ocean Magazine domain, any related domains, mobile-optimized versions of the websites, Ocean News Network bulletin boards, blogs, social networking properties, subscriber databases, and internal or e-mail submissions, regardless of whether they are specifically referenced herein (“Covered Sites???). Third-party domains hosting Ocean Publications, intellectual property of Ocean Publications and any other entity under common control of Ocean Publications shall be deemed to be “Affiliates,??? where control means ownership of 15% or more of the voting stock or other ownership interests. Certain features of Affiliate sites may be subject to additional guidelines, terms, or rules, which will be posted on the Affiliate site with regard to such features. All additional terms, guidelines, and rules are combined by reference into this TERMS AND CONDITIONS agreement. Ocean Publications’ Privacy Policy is hereby incorporated by reference into this Agreement.

By using the Services, you warrant that (a) you are competent to understand and abide by the terms of this agreement; (b) you have read and understand the terms; (c) you agree and accept (on your behalf or the entity that you represent) and you represent and warrant that you have the Right, authority, and capacity to enter into this agreement (on behalf of yourself or the entity that you represent) that the terms are valid; (d) you have entered into a legal agreement with OCEAN Publishing, Inc., and OCEAN NEWS NETWORK, INC.; and (e) you agree to abide by the terms during your use of the Services.  If you disagree with any of the terms set forth below, you should not use the Services and you should immediately contact The OCEAN Publishing Subscription Services department.  Please be aware that OCEAN Publications may amend the terms from time to time, with all changes posted here.  Your continued use of the Services further warrants that you accept any amendments OCEAN Publications may make.

OCEAN Publications reserves the right, at any time, to modify, suspend, or discontinue my ocean magazine and its affilated sites or any part thereof with or without notice. you agree that my OCEAN magazine will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Covered Sites or any part thereof.

Statement of Non-Affiliation

Ocean Publishing, Inc. is a for-profit New York corporation. My Ocean Magazine is not associated or affiliated with other magazines, nor with any other organization or entity except for those specifically identified in the Services provided by Ocean Publishing, Inc. If any other individual, organization or third-party of any type represents to a user that it is somehow affiliated with Ocean Publications, the user is asked to report and/or verify this representation to Ocean News Network, Inc. or Ocean Publishing, Inc. by contacting mailto:admin@myoceanpublishing.com.

Ownership Feedback

Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Covered Sites are owned by Ocean Publications licensors. The provision of the Covered Sites does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Ocean Publications and its suppliers reserve all rights not granted in this Agreement.

 If you provide to Ocean Publications any feedback or suggestions regarding the Covered Sites (“Feedback???), you hereby assign to Ocean Publications all rights in the Feedback and agree that Ocean Publications shall have the right to use such Feedback and related information in any manner it deems appropriate. Ocean Publications will treat any Feedback you provide to Ocean Publications as non-confidential and non-proprietary. You agree that you will not submit to Ocean Publications any information or ideas that you consider to be confidential or proprietary.

Ocean Publications Subscriber Benefits

My Ocean Magazine exists to serve its subscribers, and strives to maximize the value of its subscribers by providing a value-added, secure forum designed for novices, aspiring talent, and established professionals in the fashion, art and culture industries to grow socially and professionally.  My Ocean Magazine provides both complimentary and discounted benefits for its paid subscribers:

Non-Disparagement

Ocean Publications has invested heavily and takes pride in its customer service and organizational leadership directed at building and maintaining a positive subscriber community.  If any user has questions, comments or concerns about Ocean Publications subscribership, they may be directed to subscriptions@myoceanpublications.com.

Users agree that any false, inaccurate, misleading, disparaging or otherwise defamatory statements made about My MyOcean Magazine, its affiliates and/or its subscribers would cause immediate, irreparable harm to Ocean Publications, its affiliates, and its subscriber community.  Therefore, users agree not to engage in any conduct which in any way communicates such statements, including by posting them to any Internet site of any kind, whether controlled by a third-party or the user.  In the event any user breaches this agreement, the user further agrees to the following:

  • User authorizes Ocean Publications to contact the Internet provider in control of the site on which any such statements are posted and demand immediate removal of the statements;
  • to the extent such statements are posted on a site controlled solely by the user, User agrees to immediately remove the statements upon notification by Ocean Publications and, should User refuse to do so, User will be responsible for My Ocean Magazine’s reasonable fees and expenses to seek removal of the statements;
  • User agrees that such statements will have caused My Ocean Magazine, its affiliates, and/or its subscriber community to suffer immediate, irreparable harm sufficient to warrant a court to award temporary injunctive relief should such relief be necessary for removal of the statements;
  • User agrees to cooperate in every respect with regard to the removal of such statements, including to execute any documents necessary to effect the removal.

If a user is to be in breach of these TERMS AND CONDITIONS, Ocean Publications, at its sole discretion, reserves the right to terminate this license as well as the offending user’s subscriber status.  Ocean Publications expressly reserves all other rights and remedies available in the event of such a breach.

Limitation of Liability / Legal Conditions

User agrees that the Services and Proprietary Information are made available as-is, with all faults and without any express or implied warranties of any type.  User further agrees that My Ocean Magazine is a service provider as that term is understood under Section 230 of the Communications Decency Act.  As such, User agrees that My Ocean Magazine is immune from liability for false or misleading information contained within the Service and provided by third-parties.

User expressly waives any and all warranty claims, and My Ocean Magazine expressly disclaims all warranties, including:

  • warranties of merchantability;
  • warranties of fitness for a particular purpose;
  • warranties related to infringement of third-party rights;
  • warranties related to accuracy or completeness of information provided by My Ocean Magazine or its subscribers;
  • warranties that the Services or Proprietary Information will be free from disruption or malicious problems such as viruses;
  • warranties that subscribership in My Ocean Magazine or use of the Services or Proprietary Information will yield a particular business result or otherwise enhance the user’s career in any way;
  • warranties related to the utility, reliability or safety of third-party sites or content referenced or linked to by the Services or Proprietary Information, and Ocean Publications specifically disclaims any endorsement of or control over any content provided by any third-party source.
  1. Username and Passwords.

When you create a User Registration you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You will be responsible for maintaining the confidentiality of your User Registration, and we will not be responsible for misuse of your User Registration by any third party, whether authorized by you or not. You are responsible for all activities that occur under your User Registration. You agree to immediately notify Ocean Publications of any unauthorized use, or suspected unauthorized use of your User Registration or any other breach of security. Ocean Publications cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

  1. Licenses.

2.1 License. Subject to the terms of this Agreement, Ocean Publications grants you a non-transferable, non-exclusive, license to use the Covered Sites for your personal, noncommercial use. Subject to the terms of this Agreement, Ocean Publications grants you a non-transferable, non-exclusive, license to install and use the software Ocean Publications makes available for mobile devices (“Apps???), in executable object code format only, solely on your own hand held mobile device and for your personal, noncommercial use. For the avoidance of doubt, Apps are deemed part of the Covered Sites.

2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Covered Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Covered Sites; (c) you shall not access the Covered Sites in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Covered Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Covered Sites shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Covered Sites content must be retained on all copies thereof.

2.3 Application Store. You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone store (“Application Store???). You acknowledge that this Agreement is between you and Ocean Publications and not with the Application Store. Each Application Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable terms and conditions of the applicable Application Store.

2.4 Wireless Addresses, Short Message Services and Wireless Internet. By providing us your wireless email address or by signing up for any SMS, WAP, or Mobile Service you agree to the following: Our wireless carriers and providers are not responsible for the content of our wireless services or any of the messages you may receive from us. You acknowledge and agree that the wireless email, SMS, WAP and Mobile Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of such services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the services.

  1. User Content.

3.1 User Content. “User Content??? means any and all information and content that a user submits to, or uses with, the Covered Sites (e.g., photos, audio, video, messages, text, files, or other content you provide us). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Ocean Publications. Because you alone are responsible for your User Content (and not OCEAN Publications), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Ocean Publications is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will Ocean Publications be liable for any inaccuracy or defect in any User Content.

3.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Ocean Publications an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy. The following sets forth Ocean Publications’ “Acceptable Use Policy:???

(a) You agree not to post, email, or otherwise make available User Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another privacy, or harmful to minors in any way;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that includes personal or identifying information about another person without that person’s explicit consent.
  • that is false, deceptive, misleading, deceitful, misinformation, constitute “bait and switch??? or impersonation of any person or entity;
  • that contains your own or a third party’s advertising, branding or promotional content;
  • that is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplication or unsolicited messages, whether commercial or otherwise;
  • that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • restrict or inhibit any other user from using and enjoying the Covered Sites or the Ocean Publications services offered on them;
  • that includes your personal information, such as telephone number, street address, last name, URL or email address;
  • that is a “cut and paste??? of private messages from other users;
  • that re-broadcasts any User Content that violates these terms; or
  • that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to use the Covered Sites to:

  • upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  • harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
  • interfere with, disrupt, or create an undue burden on servers or networks connected to the Covered Sites or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to the Covered Sites, other computer systems or networks connected to or used together with the Covered Sites, through password mining or other means;
  • tamper with any copyright protection mechanisms applicable to content on any Covered Sites;
  • introduce software or automated agents or scripts to the Covered Sites so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Covered Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Covered Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Registration, and/or reporting you to law enforcement authorities. If Ocean Publications elects to modify User Content, Ocean Publications nonetheless assumes no responsibility for the User Content.

3.5 Other Users. Each Covered Site User is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Covered Site Users are solely between you and such user. You agree that Ocean Publications will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Covered Site User, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and that Ocean Publications has no obligation to monitor or delete any such User Content.

3.6 Release. You hereby release and forever discharge Ocean Publications (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Covered Site Users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.???

  1. Indemnity.

You agree to indemnify and hold OCEAN Publications (and its officers, employees, contractors, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Covered Sites, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. OCEAN Publications reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ocean Publications. Ocean Publications will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Should any term of User’s Agreement with Ocean Publications be found by a court of competent jurisdiction to be unconscionable or otherwise invalid or unenforceable, all other terms shall continue in full force and effect.

User should remain aware that not all disclaimers of warranties or of liability, or limitations on liability, are available in all jurisdictions.  As such, all statements in this section may not apply to all users.  Nevertheless, regardless of the jurisdiction, Ocean Publications’ liability is limited to that provided by the law of the particular jurisdiction at issue.

  1. Disclaimers.

THE COVERED SITES ARE PROVIDED “AS-IS??? AND “AS AVAILABLE??? AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE COVERED SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. OCEAN PUBLICATIONS ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. OCEAN PUBLICATIONS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE COVERED SITES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USER OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE COVERED SITES OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL OCEAN PUBLICATIONS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE COVERED SITES, ANY CONTENT POSTED ON OR THROUGH THE COVERED SITES, OR CONDUCT OF ANY USERS OF THE COVERED SITES, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE COVERED SITES. YOU USE THE COVERED SITES AT YOUR OWN RISK. SOME AREAS OF OUR COVERED SITES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH OCEAN PUBLICATIONS OR MEMBER OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. OCEAN PUBLICATIONS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE COVERED SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  1. Limitation of Liability.

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE COVERED SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID OCEAN PUBLICATIONS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

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

  1. Third Party Sites & Ads. 

The Covered Sites might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads???). Such Third Party Sites & Ads are not under the control of Ocean Publications and My Ocean Magazine are not responsible for any Third Party Sites & Ads. Ocean Publications provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

  1. Term & Termination.

Subject to this Section, this Agreement will remain in full force and effect while you use the Covered Sites. We may (a) suspend your rights to use the Covered Sites (including your User Registration) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Covered Sites in violation of this Agreement. Upon termination of this Agreement, your User Registration and right to access and use the Covered Sites will terminate immediately. You understand that any termination of your User Registration involves deletion of your User Content associated therewith from our live databases. Ocean Publications will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Registration or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3-11.

  1. Copyright Policy.

9.1 In accordance with the provisions of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, our Covered Sites have designated an agent to receive notices of claims of copyright infringement: Copyright Agent, 1061 Atlantic Ave., Brooklyn, NY 11238; admin@myoceanmagazine.com. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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;
  • information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • 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 the law; and
  • 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.

We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic 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:

  • your physical or electronic signature;
  • 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;
  • 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
  • your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We have a policy of terminating access to our Covered Sites of any user who repeatedly infringes the proprietary rights of any third party.

  1. General.

10.1 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earliest of thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Covered Sites. Continued use of our Covered Sites following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

10.2 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

  1. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Ocean Publications arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Covered Sites.
  2. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND OCEAN PUBLICATIONS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND OCEAN PUBLICATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
  3. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA???), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Ocean Publications must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following location: New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.
  4. This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

10.3 Entire Agreement. This Agreement (including the Privacy Policy) constitutes the entire agreement between you and us regarding the use of the Covered Sites. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Ocean Publications is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without My Ocean Magazine prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

10.4 Copyright/Trademark Information. Copyright © 2015, My Ocean Magazine, Inc. All rights reserved. All trademarks, logos and service marks (“Marks???) displayed on the Covered Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.