For Trix Subscription terms, scroll down to Section 9 (Trix Membership). By signing up for a monthly or annual subscription, you agree to our membership terms. NOTE: Your Subscription will AUTOMATICALLY RENEW unless you cancel it before the renewal date — see important further details below.
If specific legal terms accompany a product or service we provide, then those terms control in case of conflict with these Terms. Otherwise, any nonconflicting provisions in these Terms remain in effect (including the Limitation of Liability section). For example, if you sign up for fee-based access or subscriptions to content (“Fee-Based Access”), then supplemental terms may apply to the applicable Trix Service for the agreed duration of your access or subscription.
a) License. Subject to your compliance and agreement with these Terms and conditions, we grant you a limited, personal, nonexclusive, revocable right to access and use the Trix Services for the purposes for which they were designed, which are limited to personal and noncommercial uses. You agree that all features of the Trix Services may not work well or at all on any particular device or computer, and that we have no liability to you for errors or access failures. You agree that you shall only use the Trix Services in a lawful and respectful manner.
b) Account Registration. Portions of the Trix Services are accessible generally to the public; others may require you to register an account with Trix; and still others may charge fees. Subject to separate agreements between you and us, we reserve the right to change the access level for any Trix Services and any content residing thereon, in our discretion, at any time, and without any liability to you. See below for more information on who may register.
c) Updates to These Terms. We may amend, change, add or remove portions of these Terms in our discretion from time to time, and such changes shall become effective immediately upon posting. It is your responsibility to periodically review these Terms fully and continue using the Trix Services only if you agree to the revised terms. We may choose to notify you of minor updates via web notifications, banners, or emails, but we are not required to do so. For more significant changes, we may require you to click or take similar action to consent to the modifications.
d) Suspension; Termination. These Terms shall remain in effect for so long as you use any Trix Service unless terminated as described in these Terms. You may terminate your obligations hereunder by ceasing to use the Trix Services and removing all content derived from the Trix Services from devices you control. We may suspend or terminate your access to the Trix Services in our sole discretion and for any reason, and if you breach these Terms, your license to use the Trix Service is automatically revoked and further use may expose you to legal liability. Trix shall have no liability to you for any suspension, termination of access, or removal or modification of your content. Upon termination of your license, you shall cease all use of the Trix Services.
2) Access & Registration
a) Legal Ability to Consent. You represent, warrant and covenant that either (i) you are of legal age to enter into binding contracts where you reside under local law (at least 18 years in the United States), or (ii) your parent or legal guardian has read and agreed to these Terms on your behalf and consents to your use of the Trix Services. Further, you represent and warrant that all information you provide to Trix is materially accurate and complete.
b) No Information From Children. The Trix Services are not for children and is not directed to children under thirteen (13) years. You agree, represent and warrant that you will never send us the personal information of a child under the age of 13 years, and you shall indemnify and defend us (including reimbursing our attorney’s fees) if we incur any risk or liability if you breach this requirement. If we learn that you have provided us with the personal information of child under 13, we reserve the right to immediately suspend or terminate your access to any Trix Service, and to delete all such information (whether free registration, Fee-Based Access, or otherwise). In such event, we shall have zero liability to you.
c) Use by Minors Supervised by Parent or Guardian. If you are the parent or legal guardian for a child under 13 years or a minor under 18 years, and you wish to provide access to Trix Services for such child or minor, you do so at your own risk and liability. You hereby accept sole and exclusive liability for such child or minor’s use of or access to any Trix Service, and you shall indemnify and defend Trix with respect to any such use or access. Further, you confirm your agreement and compliance with Section 2(b), namely, you shall never provide Trix with the personal information of any child or minor. YOU HEREBY IRREVOCABLY AND COMPLETELY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST TRIX THAT YOU OR YOUR CHILD OR MINOR MAY HAVE RELATING TO USE OF OR ACCESS TO THE TRIX SERVICES UNDER THIS SECTION 2(C).
d) Fee-Based Access. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In such an event, we will restrict certain content or Trix Services (which may include content or Trix Services that were previously without charge), and present you with fee-based options to access it. We will not charge you for paid access without your consent, which may be in the form of providing your payment information when you sign up for Fee-Based Access.
f) Prohibited Uses.
3) Content on the Services
a) Intellectual Property. Trix, the Trix Services, and all text, photographs, images, illustrations, designs, audio clips, videoclips, data, or compilations contained in the Services and in Trix’s products are protected by copyright, trademark, patent, trade secrets, other applicable law and are the property of Trix, except as otherwise identified. All copyrights and trademarks not the property of Trix that are used or referred to in the Trix Services and Trix’s products are the property of their respective owners. Nothing contained in the Trix Services or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Trix or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the Trix Services or other products may violate the law.
b) Non-Commercial Use. The contents of the Trix Services are intended for your personal, noncommercial use and Trix’s products, including third party and licensed materials on the Trix Services, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. However, you may use any social media, email or similar sharing capability that we enable for your use through the Trix Services you are using.
d) Reprints. To request permission to reproduce or distribute materials from the Trix Services, email firstname.lastname@example.org.
4) Limitation of Liability
a) TRIX DOES NOT REPRESENT OR ENDORSE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES AS TO, THE ACCURACY, UTILITY, AVAILABILITY, QUALITY, CURRENCY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, DATA, ADVICE, OPINION, STATEMENT, OR OTHER CONTENT DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICES BY ANY USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE TRIX SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” AND WITH ALL FAULTS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRIX DOES NOT WARRANT THAT THE TRIX SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES AND TRIX IS NOT RESPONSIBLE FOR THE FOREGOING. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
b) UNLESS SPECIFIC DAMAGES ARE AVAILABLE AS PART OF YOUR SUBSCRIPTION OR MEMBERSHIP WITH TRIX FOR ANY TRIX SERVICE, IN NO EVENT WILL TRIX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“TRIX PARTIES“) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE TRIX SERVICES, SUBMISSIONS OR CONTENT FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “EXCLUDED DAMAGES“). OUR TOTAL LIABILITY TO YOU FOR FREE USE OF THE TRIX SERVICES SHALL BE ZERO DOLLARS ($0.00). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE TRIX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE TRIX PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. FOR ANY FEE-BASED ACCESS, IN NO EVENT SHALL TRIX’S LIABILITY OR DAMAGES TO YOU EXCEED AMOUNTS PAID TO TRIX FOR THE APPLICABLE PRODUCT OR SUBSCRIPTION, IN THE PRIOR TWELVE (12) MONTHS.
You shall and hereby do indemnify, defend and hold harmless Trix and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of your use of any Trix Service or any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Trix reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you will reimburse Trix for all such fees expended (including attorney’s fees).
a) Severability. If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.
b) Waiver. Our failure to enforce any provision of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
c) Governing Law and Jurisdiction. These Terms have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in or having jurisdiction over New York County in the state of New York. Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms and that is not excluded under the limitations and exclusions of liability and remedies above will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.
8) Contact Us
If you have questions about these Terms or your Subscription, or if you believe that any content on our website is your intellectual property, please contact us at TrixMagazine@gmail.com.
Last updated: June 5, 2020
9) Trix Membership
a) Some Trix content is only available to users who purchase subscriptions to Trix (each a “Subscription”). You will not be charged for using the Trix Services unless you have purchased a Subscription. You must be 18 years of age or older to purchase Fee-Based Access, Subscription or any other content, product, or service offered by Trix that requires payment or a Subscription.
b) Subscription Plans. Subscriptions may be available as monthly and yearly subscription plans. Each Subscription is nontransferable: it is valid for only one user account and may not be used with any other user accounts. You agree to pay the Subscription fees and any other charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. Trix reserves the right to charge for use of additional Services or content that are currently free of charge. If your payment method is declined, we may immediately suspend or ultimately terminate your Subscription, with no liability to you. Subscription fees are due and payable once you confirm your Subscription order on our website. Because you receive immediate access to our paid content, all Subscriptions are nonrefundable.
c) ** AUTOMATIC RENEWAL ** PLEASE READ. Your Trix Subscription will AUTOMATICALLY RENEW at the end of your selected Subscription period (monthly or annually) for a new term of equal duration as the last. The price will be based on the price you signed up with, but Trix may increase the price annually (each year) by up to five percent (5%) over the price from the previous year. Trix will charge the credit card on file (per year or discounted promotional price, if applicable) for the next renewal term (month if on a monthly subscription, and year if on an annual subscription). Trix will notify subscribers of the renewal prior to charging the credit card as required by law. This billing cycle will continue in perpetuity until you cancel your ongoing Trix membership.
d) HOW TO CANCEL YOUR SUBSCRIPTION/MEMBERSHIP. You may cancel or change your Subscription/Membership at any time by emailing Trix at TrixMagazine@gmail.com. For cancellation to be effective and to avoid a new charge on your card, we must receive your cancellation request at least thirty (30) days prior to the new subscription term (monthly or annual).
e) AUTOMATIC RENEWAL; DISCLAIMERS. ALL TRIX PAID SUBSCRIPTIONS WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH SUBSCRIPTION PERIOD (WHETHER MONTHLY OR ANNUALLY). THE SUBSCRIPTION FEE FOR AN EXTENDED SUBSCRIPTION OF EQUAL DURATION (MONTH OR YEAR) WILL BE CHARGED TO YOUR LAST PAYMENT METHOD. TO CANCEL YOUR SUBSCRIPTION, FOLLOW THE INSTRUCTIONS FOR CANCELLATION THAT ARE AVAILABLE BELOW, ON THE APPLE APP STORE, GOOGLE PLAY, OR ON www.trix-magazine.com OR OTHER TRIX PROPERTIES. IF YOUR PAYMENT METHOD FAILS THEN WE MAY IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCESS AS OF THE DATE YOUR SUBSCRIPTION THEN IN EFFECT EXPIRES.
DISCLAIMERS. TRIX OFFERS ITS SUBSCRIPTIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO AND HEREBY DISCLAIM ALL WARRANTIES AS TO THE CONTENT AND AVAILABILITY AND YOU HEREBY ASSUME ALL RISK THAT THE SUBSCRIPTION CONTENT MAY NOT MEET YOUR EXPECTATIONS OR REQUIREMENTS.