PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS SITE.
Desirable Magazine, LLC (“DESIRABLE.MAG ,” “we,” “us”) provides this web site, and all site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Desirable Magazine and you (“you”) with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.
We reserve the right at any time to:
• Change the terms and conditions of this Agreement; and • Change the Site, including eliminating or discontinuing any content on or feature of the Site.
Any changes to the terms and conditions of this Agreement will be effective immediately upon notice to you, whether provided by a posting on the Site, by electronic mail, or other means. Your continued use of the Site after such notice will be deemed acceptance of such changes. Any changes to the Site shall be effective upon implementation of such change. Except as otherwise provided, any new content on or features of the Site shall be subject to this Agreement. Please bookmark this page and review it periodically to make yourself familiar with the most recent version. You can determine when we last updated the Agreement by checking the “Last Revised” date that appears at the top of the page.
2. Monitoring The Site. We have no obligation to monitor the Site. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms Of Service.
3. Ownership and Restrictions on Use. © 2010 Desirable Magazine, LLC www.desirablemag.com. All Rights Reserved. The Site, including any and all related software, data, text, graphics, images, audio and video clips, logos, icons, and links (collectively, the “Materials”), is owned and operated by Desirable Magazine, LLC in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Desirable Magazine, LLC and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as otherwise expressly permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, or distribute Materials or other content or information available on or through the Site in any way without our prior written permission, except you may download and view one copy of such Materials on any single computer for your personal, non-commercial home use, provided you keep intact, without change, each such Material and all copyright and other proprietary notices in or on such Material. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
4. Code of Conduct. While using the Site (including participating in any Site-related services), you agree not to:
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to scrape, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or • Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; • Attempt to gain unauthorized access to other computer systems through the Site; • Use the Site or Materials for any unlawful purpose; • Express or imply that any statements you make are endorsed by us, without our prior written consent; • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding; • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature; • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site; • Remove any copyright, trademark, or other proprietary rights notices contained in the Site or Materials; • “Frame” or “mirror” any part of the Site without our prior written authorization; • Harvest or collect information about other Site users without their express consent.While using the Site and/or Materials, you agree to comply with all applicable laws, rules, and regulations.
5. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Desirable Magazine is done so at your own risk.
6. Internet Access. You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line. Desirable Magazine shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
7. Links. The Site contains links to other Internet web sites, which may or may not be owned or operated by Desirable Magazine or our clients . Desirable Magazine or our clients has not reviewed all of the web sites that are linked to the Site, and Desirable Magazine may not have control over such sites. Unless otherwise explicitly stated, Desirable Magazine is not responsible for the content of such web sites, or the privacy or other practices of such sites, and the fact that Desirable Magazine offers such links does not indicate any approval or endorsement of any material contained on any linked site. Desirable Magazine is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of service and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.
8. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site and any licenses granted herein shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
9. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Desirable Magazine AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Desirable Magazine AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER (S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF Desirable Magazine OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, OR OTHER SITE USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. ALL ACTIVITIES UNDERTAKEN BY YOU IN CONNECTION WITH THE SITE, AND YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN INITIATIVE AND RISK.
10. Disclaimers. The Site, The material on the site, and any product or service obtain through the site are provided “As Is” and without warranties of any kind.
11. Limitation of Liability: Neither Desirable Magazine, LLC nor any of our clients, advertisers, sponsors, hosting company, or employees are responsible or liable for any indirect incidental damages. Includeing without limitation damages for loss of business, loss of data, or lost of profits, Under any contract, negligence, strict liablity, or other theory arising out of relating in any to the site and/or materials containes on the site, any linked site or any activity, product, or service made available through the site your sole remedy for dissatisfation with the site materials, or linked site is to stop using the site, material, or linked site, as applicable.
12. Indemnification. You agree to indemnify, defend, and hold Desirable Magazine , our affiliates, licensors, suppliers, advertisers, and sponsors, and our and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any materials you submit to us or transmit to the Site, or to other web sites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site and any Site-related services.
13. Questions. The Site is provided by Desirable Magazine, LLC . If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at Web Site Inquiries, firstname.lastname@example.org.
14. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of On Guard Online http://www.onguardonline.gov.
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