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PRIVACY & TERMS OF USE
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE STYLE
WEEKLY WEBSITE (www.styleweekly.com), HEREFORTH REFERRED TO AS “THE
SITE”.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY
CEASE SUCH USE. STYLE WEEKLY MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF
THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights
and trademarks are STYLE WEEKLY its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the
materials. You agree to grant to STYLE WEEKLY a non-exclusive, royalty-free,
worldwide, sub licensable, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to STYLE WEEKLY by all means
and in any media now known or hereafter developed. You also grant to STYLE
WEEKLY the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall have
no recourse against STYLE WEEKLY for any alleged or actual infringement
or misappropriation of any proprietary right in your communications to
STYLE WEEKLY.
2. Trademarks.
STYLE WEEKLY and/or any other names belonging to STYLE WEEKLY ,or its
Web sites, seminars, conferences, events, trade shows, publications, products,
content or services referenced herein or on the Site are the exclusive
trademarks or service marks of STYLE WEEKLY, including the "look"
and "feel" of the Site, color combinations, layout, and all
other graphical elements. Any use of STYLE WEEKLY trademarks is strictly
prohibited without the express permission from STYLE WEEKLY. Other product
and company names mentioned in the Site may be the trademarks of their
respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by STYLE WEEKLY, STYLE WEEKLY does not operate,
control or endorse any information, products or services on the Internet
in any way. Except for STYLE WEEKLY identified information, products or
services, all information, products and services offered through the Site
or on the Internet generally are offered by third parties that are not
affiliated with STYLE WEEKLY. You also understand that STYLE WEEKLY cannot
and does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
STYLE WEEKLY offers a search feature within the Site. STYLE WEEKLY explicitly
disclaims any responsibility for the content or availability of information
contained in our search index or directory. STYLE WEEKLY also disclaims
any responsibility for the completeness or accuracy of any directory or
search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images,
or other content ("Material") that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
or otherwise objectionable that may invade another's right of privacy
or publicity;
b) Impersonate any person or entity, including but not limited to, an
STYLE WEEKLY official, forum leader, guide or host or falsely state
or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary
relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted
data;
e) Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely
affects the availability of its resources to other users (e.g., excessive
shouting, use of all caps, or flooding continuous posting of repetitive
text);
g) Post or transmit any unsolicited advertising, promotional materials,
"junk mail", "spam," "chain letters,"
"pyramid schemes" or any other form of solicitation or any
non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar
navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any STYLE WEEKLY product or
service if you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. STYLE WEEKLY PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND STYLE WEEKLY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND
FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS
AT YOUR RISK. STYLE WEEKLY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILLSTYLE WEEKLY BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF STYLE
WEEKLY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, STYLE WEEKLY LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless STYLE WEEKLY, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Site from and against all losses, expenses,
damages and costs, including attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you or
your use and access of the Site.
STYLE WEEKLY reserves the right to release current or past member or
Web site user information if STYLE WEEKLY believes that a member’s
account is being used to commit unlawful acts, if the information is subpoenaed
and/or if STYLE WEEKLY deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of STYLE WEEKLY and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Site. Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against you on its own
behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party
Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, or privacy. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the 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 third party. You agree that STYLE WEEKLY shall not be responsible
or liable for any loss, damage or other matters of any sort incurred as
the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-STYLE
WEEKLY Internet World Wide Web sites or resources. Because STYLE WEEKLY
has no control over such sites and resources, you acknowledge and agree
that STYLE WEEKLY 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 STYLE
WEEKLY 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.
11. Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of the State of (enter state name), United States applicable
to agreements made and to be performed in the State of (enter state name),
United States. You agree that any legal action or proceeding between STYLE
WEEKLY and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in the County of (enter county
name), State of (enter state name), United States.
Any cause of action or claim you may have with respect to the Site must
be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. STYLE WEEKLY failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. STYLE WEEKLY may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of STYLE WEEKLY. We wish to caution you that these statements
are only predictions and that the actual events or results may differ
materially.
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