These Terms of Service (“Terms”) govern your access to and use of our website — including all content, features, newsletters, zines, membership or subscription services, and any related offerings (collectively, the “Services”). By using or accessing the Services, or by purchasing a subscription or membership, you confirm that you accept these Terms and agree to be bound by them. If you do not agree with these Terms, you must not use our Services.
These Terms replace any previous terms or conditions that may have applied to your use of the Services.
You must be at least 16 years old to use our Services.
Definitions
In these Terms:
- “Content” means all content, material, and information available on or through the Services — including but not limited to text, images, graphics, audio, video, design layout, trademarks, logos, software, and other creative works owned or licensed by The Sixteenth or its partners.
- “User Content” means any content that you upload, submit, post, transmit or otherwise make available via the Services (e.g. comments, form submissions, feedback, user-generated content).
- “You” / “User” / “Subscriber” refers to any individual or entity accessing or using the Services under these Terms.
- “We,” “Us,” “Our” refers to The Sixteenth and its directors, employees, affiliates, licensors, and service providers.
Changes to Terms
We may update or modify these Terms at any time. Any changes become effective immediately upon posting on the website. Your continued use of the Services following such changes constitutes your acceptance of the modified Terms. We therefore recommend that you review this page regularly.
We may also publish additional or supplemental terms for specific features, promotions, or offerings (e.g. special issues, giveaways, events). Use of those features constitutes your acceptance of those additional terms.
Privacy & Related Policies
Your use of the Services is also subject to our The Sixteenth Privacy Policy, which governs how we collect, use, and share your personal information. By using the Services, you consent to our data practices as described in the Privacy Policy.
Acceptable Use & Conduct
You agree not to use the Services in any way that:
- Violates any applicable law, regulation, or third-party rights.
- Is unlawful, fraudulent, or harmful to minors or others.
- Interferes with or disrupts the Services or servers/infrastructure.
- Attempts unauthorized access to our systems or data.
- Engages in scraping, data-mining, harvesting, or any automated or manual extraction of Content or data without prior written consent.
- Uploads, posts, transmits, or distributes any User Content that is unlawful, defamatory, discriminatory, abusive, obscene, pornographic, threatening, infringing on intellectual property rights, or otherwise objectionable.
- Impersonates another person, misrepresents your identity or affiliation, or attempts to mislead other users or us.
- Uploads or distributes viruses, malware, or other harmful code.
We reserve the right — in our sole discretion — to remove, refuse, or edit any User Content, or to suspend or terminate users’ access to the Services, without prior notice and for any reason (including for misuse, community-standards violations, or suspected misconduct).
Intellectual Property Rights & License
- All Content on the Services (including text, images, design, layout, trademarks, logos) is owned or licensed by The Sixteenth or its partners. All rights are reserved.
- Access to the Services grants you a limited, personal, revocable, non-exclusive, non-transferable license to view and use the Services for your personal, non-commercial use only, subject to your compliance with these Terms.
- You may not reproduce, distribute, modify, adapt, display, publish, create derivative works from, reverse-engineer, or otherwise exploit any part of the Services or Content without our express prior written permission.
- If you upload or submit User Content, by doing so you grant The Sixteenth a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute or otherwise exploit such User Content in connection with the Services, including for promotional purposes — unless otherwise agreed in writing.
- You also represent and warrant that you own or have rights to grant us such license for any User Content you upload, and that it does not violate third-party rights.
Subscriptions, Memberships & Payment Terms (if applicable)
Since The Sixteenth offers subscription-based access (e.g. to a zine, newsletter, member content):
- By subscribing, you agree to pay the fees indicated at the time of purchase. Subscriptions are billed on the schedule specified (e.g. monthly, yearly).
- All payments are non-refundable, except as required by applicable law or as explicitly stated at the time of purchase.
- Memberships or subscriptions are for a single individual; sharing login credentials or granting access to others is prohibited.
- We may change subscription pricing, benefits, or scope at any time (e.g. price changes, content offerings, features), with changes effective at next renewal or as otherwise specified.
- We reserve the right to suspend, modify, or terminate subscription services at any time — for reasons including but not limited to maintenance, security concerns, legal compliance, or business decisions. If we terminate your subscription without cause, we may (but are not obligated to) provide a prorated refund for the unused portion.
Disclaimers & Limitation of Liability
- The Services (and all content) are provided “as is” and “as available.” To the extent permitted by law, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
- We do not guarantee that the Services will be error-free, uninterrupted, or secure, or that results obtained from use of the Services will be accurate or reliable.
- You use the Services at your own risk. In no event shall The Sixteenth, its affiliates, licensors or service providers be liable for any indirect, incidental, consequential, punitive or special damages (including loss of profits, data loss, business interruption, or reputational damage), even if we have been advised of the possibility of such damages.
- Our total liability arising from or relating to these Terms or your use of the Services shall be limited to the amount you actually paid to us in the 12 months prior to the claim (if any), or a minimal amount if no payment was made.
Links & Third-Party Sites
The Services may include links to third-party websites, resources, or services. Those links are provided only for your convenience. We do not control, endorse, or assume responsibility for any third-party content, privacy policies, or practices. Your use of any third-party site is at your own risk.
By linking to our site, you may do so only in a way that is fair and legal and does not damage or dilute our brand or reputation. We reserve the right to withdraw linking permission at any time.
Governing Law & Dispute Resolution
These Terms, and any disputes or claims arising from them or your use of the Services, shall be governed by the laws of the State of New York (or another applicable jurisdiction of your choosing, depending on where The Sixteenth is registered), without regard to conflict-of-law principles.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed modified or removed to the minimum extent necessary so that the remainder of these Terms remains in full effect.
Indemnification
You agree to defend, indemnify, and hold harmless The Sixteenth — and its officers, directors, employees, affiliates, licensors and service providers — from and against any and all claims, damages, liabilities, costs or expenses (including legal fees) arising out of:
- Your violation or alleged violation of these Terms;
- Your misuse of the Services;
- Your User Content; or
- Your violation of any applicable law or third-party rights.
Termination
We reserve the right to suspend or terminate your access to part or all of the Services — including membership or subscription — at any time, with or without notice, and for any reason (including violation of these Terms, inactivity, or at our business discretion).
Upon termination, your license to use the Services ends immediately. Any provisions that by their nature should survive termination (e.g. Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law) will survive.
Contact
If you have questions about these Terms, or wish to contact us for any reason (e.g. report abuse, request removal of content, subscription issues), please email us at: [email protected]
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Thank you for being part of The Sixteenth. We aim to offer a thoughtful, elevated, and respectful space for curious, conscious readers. These Terms help ensure clarity and trust, for you and for us.