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Mode Lifestyle Magazine Company (“Mode Lifestyle Magazine”) operates this Site to provide online access to information about Mode Lifestyle Magazine and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”
Mode Lifestyle Magazine reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Mode Lifestyle Magazine products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Mode Lifestyle Magazine reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Mode Lifestyle Magazine or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Mode Lifestyle Magazine or other copyright owners who have authorized their use on the Site.
You may not manipulate or alter in any way images or other Content on the Site without specific permission from Mode Lifestyle Magazine or the copyright owner.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Mode Lifestyle Magazine of the third party, the third-party web site, or the information contained therein. Mode Lifestyle Magazine is not responsible for the availability of any such web sites. Mode Lifestyle Magazine is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Mode Lifestyle Magazine affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must follow Mode Lifestyle Magazine’s link guidelines. Unless specifically authorized by Mode Lifestyle Magazine, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files
Mode Lifestyle Magazine cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
7. Software
Any software available for download via the Site is the copyrighted work of Mode Lifestyle Magazine and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
8. Disclaimer of Warranties
MODE LIFESTYLE MAGAZINE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MODE LIFESTYLE MAGAZINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. MODE LIFESTYLE MAGAZINE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MODE LIFESTYLE MAGAZINE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL MODE LIFESTYLE MAGAZINE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF MODE LIFESTYLE MAGAZINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MODE LIFESTYLE MAGAZINE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 (one hundred dollars).
10. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Mode Lifestyle Magazine, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
11. Privacy Policy
See Mode Lifestyle Magazines Privacy Policy.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
13. User Supplied Information
Mode Lifestyle Magazine does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Mode Lifestyle Magazine the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
14. Password Security
If you register to become a Mode Lifestyle Magazine.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
15. Use of Communication Services
The www.modelifestylemagazine.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of anothers computer.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Violate any applicable laws or regulations.
Mode Lifestyle Magazine has no obligation to monitor the Communication Services. However, Mode Lifestyle Magazine Software reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mode Lifestyle Magazine reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Mode Lifestyle Magazine reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mode Lifestyle Magazines sole discretion.
You are advised to always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
16. This Site Does Not Provide Any Medical, Psychological, Or Financial Advice
Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or consultant if you have a medical concern. For any products or services purchased from this web site, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship or a consultant-client relationship between you and any of the professionals affiliated with our web site.
17. Your Account Obligations
In order to use our web site, you agree to provide true, accurate, current and complete information about yourself on the membership application form and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our web site. Account information and certain other information about you are subject to the terms of our privacy policy.
COMMERCIAL TRANSACTIONS
Certain products or Services may be offered for sale on Mode Lifestyle Magazine online services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Mode Lifestyle Magazine online services or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Mode Lifestyle Magazine online services or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
If you open a subscription-based account with Mode Lifestyle Magazine online services, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to terminate any account at any time for any reason. Mode Lifestyle Magazine online services agrees that it will notify you when, and if, we decide to terminate your account.
In the event that you elect to terminate a paid subscription within fourteen (14) days of signing up for the service, you are entitled to a full refund. To cancel your account and obtain a refund you must contact our Customer Services department at customers@ModeLifestyleMagazine.com to terminate. If you wish to cancel your subscription after fourteen (14) days from initial purchase, you shall be entitled to a full refund on any un-mailed or processed orders. Your refund will be calculated based on the balance of your account after charges at the non-discounted rate for the products/services already processed before your cancellation. If you have an outstanding balance due on any Mode Lifestyle Magazine online services account, you hereby agree that Mode Lifestyle Magazine online services may charge these unpaid fees to your credit card. These terms of cancellation apply unless a different cancellation policy is specifically stated for a particular product or service.
Subscribers: If the post office alerts us that your magazine is undeliverable, we have no further obligation unless we receive a corrected address within one year.
Please Note: Your subscription will be automatically renewed and your credit card will be charged in accordance with the schedule provided for a particular Service or product. Your renewal charge shall be equal to the original stated renewal price when subscribed, unless otherwise notified in advance. You shall have thirty (30) days following the date on which the renewal charge is posted to your credit card or other account to notify Mode Lifestyle Magazine online services that you wish to cancel your subscription. Your subscription will then be cancelled and no further renewal fees will be charged. Renewal fees, once charged to your account, are non-refundable except as stated in any refund terms specific to the product/service you have ordered.
Your right to use the Service or a specific product is conditional on our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations hereunder. |
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