LifeAndBeautyWeekly.com
Terms of Use
Last updated on September 1, 2010
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING
CONTRACT. The LifeAndBeautyWeekly.com website (the
“Website”) is a service offered by Studio One
Networks, Inc., a Delaware corporation
(“StudioOne”). This Terms of Use Agreement (the
“Terms of Use” or “Agreement”)
describes the terms and conditions applicable to your access and use of
the Website whether accessed via the internet, wirelessly or through
any other method. You accept this Agreement by using the Website or
accessing any content available through the Website (the
“Content”).
StudioOne may revise
this Agreement at any time by posting the revised Terms of Use on the
Website, and you agree that your use of the Website after such changes
will constitute your acceptance of such changes. For your
convenience, the date of last revision is included at the top of this
page. Changes to this Agreement will not be applied retroactively.
StudioOne may make changes to the Website and/or the services described
on the Website at any time. You understand that StudioOne may
discontinue or restrict your use of the Website for any reason or no
reason with or without notice. IF YOU DO NOT AGREE WITH THE TERMS OF
THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE
WEBSITE OR THE CONTENT.
PROPRIETARY RIGHTS. The
Website and the Content are the sole and exclusive property of
StudioOne and/or its licensors. You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purpose, any portion
of the Website or the Content other than as expressly authorized by
StudioOne in writing. You hereby acknowledge and agree that, as between
StudioOne and you, all right, title, and interest in and to the
Website and the Content, including without limitation any patent
rights, patents, business methods, copyrights, trademarks, trade
secrets, inventions, know-how, and all other intellectual property
rights pertaining thereto, shall be owned exclusively by StudioOne. Use
of the Website or the Content in any way not expressly permitted by
this Agreement is prohibited, and may be actionable under United States
or international law.
PERMITTED USES. So long as you
agree and comply with the terms of this Agreement, and unless this
Agreement is otherwise terminated by StudioOne, StudioOne invites you
to view and use a single copy of the Website and the Content for your
personal, non-commercial use; provided, however, that you may not
duplicate, publish, modify, distribute, perform or create derivative
works from any part of the Website or the Content unless expressly
authorized by StudioOne in writing. You agree that you will not remove
or modify any acknowledgements, credits or legal notices contained on
the Website or in the Content. Special terms may apply to some products
or services offered on the Website and may be posted in connection
with the applicable product, service, feature or activity. Any such
terms are in addition to this Agreement and, in the event of a
conflict, any such terms shall prevail.
ADDITIONAL
RESTRICTIONS. You agree not to access the Website by any means other
than through a standard web browser on a computer or mobile device. You
further agree that you will not damage, disable, overburden, or impair
the Website or interfere with any other party's use and enjoyment of
it. If StudioOne makes software available to you for download, your
download and use of such software shall be subject to a separate
license agreement.
ABOUT THE INFORMATION ON THIS
SITE. The content available on the Website is intended to be a
general information resource and is provided solely on an “AS
IS” and “AS AVAILABLE” basis. You are
encouraged to confirm the information contained herein. You should
not construe StudioOne's publication of the Website as a warranty or
guarantee of the quality or availability of any goods or services.
Goods offered through the Website, if any, are “AS
IS” without warranties of any kind.
COMMUNICATIONS WITH THIRD PARTIES. Your dealings or communications
through the Website with any party other than StudioOne are solely
between you and that third party. Under no circumstances will StudioOne
be liable for any goods, services, resources or content available
through such third party dealings or communications, or for any harm
related thereto.
ELIGIBILITY. By using the Website,
you represent and warrant that (a) all registration information you
submit, if any, is truthful and accurate; (b) you will maintain the
accuracy of such information; (c) you are 13 years of age or older; and
(d) your use of the Website does not violate any applicable law or
regulation.
LINKS TO
OTHER SITES. The Website may contain links to websites operated by
other parties. StudioOne provides these links to other websites as a
convenience, and use of these sites is at your own risk. The linked
sites are not under the control of StudioOne, and StudioOne is not
responsible for the content available on the other sites. Such links
do not imply StudioOne’s endorsement of information or
material on any other site and StudioOne disclaims all liability with
regard to your access to and use of such linked Websites.
LINKS TO LIFEANDBEAUTYWEEKLY.COM. Unless otherwise set forth in a
written agreement between you and StudioOne, you must adhere to
StudioOne’s linking policy as follows: (i) the appearance,
position and other aspects of the link may not be such as to damage or
dilute the goodwill associated with StudioOne’s names and
trademarks, (ii) the appearance, position and other attributes of the
link may not create the false appearance that your organization or
entity is sponsored by, affiliated with, or associated with StudioOne,
(iii) when selected by a user, the link must display the Website on
full-screen and not within a “frame” on the linking
Website, and (iv) StudioOne reserves the right to revoke its consent
to the link at any time and in its sole discretion.
TRADEMARKS. Unauthorized use of any StudioOne trademark, service mark
or logo are prohibited, and may be a violation of federal and state
trademark laws.
DISCLAIMERS AND LIMITATION OF
LIABILITY. THE WEBSITE, ALL CONTENT ON THE WEBSITE, AND ANY GOODS
OFFERED OR SOLD THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN
“AS IS” “AS AVAILABLE” BASIS
WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STUDIOONE MAKES NO
WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT
AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY
INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT
AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
STUDIOONE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE
WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR
TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY
OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STUDIOONE DISCLAIMS
ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES,
INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO
OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD
THROUGH THE WEBSITE, EVEN IF STUDIOONE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AND SO
LONG AS THE WEBSITE IS OFFERED AS A FREE SERVICE, STUDIOONE’S
AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED $100.
EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the
exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of
the above limitations may not apply to you.
INDEMNITY. You agree to indemnify, defend and hold StudioOne, its
subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, due to or arising out of
your use of the Website and/or breach of this Agreement.
COPYRIGHT. The Website is protected by U.S. and international
copyright laws. Except for your use as authorized above, you may not
modify, reproduce or distribute the content, design or layout of the
Website, or individual sections of the content, design or layout of the
Website, without StudioOne’s express prior written
permission.
LOCATION. The Website is operated by
StudioOne from its offices in the United States. Those who choose to
access the Website from locations outside the United States do so on
their own initiative and are responsible for compliance with applicable
local laws.
CHILDREN. The Website is not directed
toward children under 13 years of age nor does StudioOne knowingly
collect information from children under 13. If you are under 13,
please do not submit any personally identifiable information to
StudioOne.
PRIVACY POLICY. By agreeing to these
terms, you acknowledge that StudioOne may collect, use and disclose
your information as described in our Privacy Policy.
ACCOUNT PASSWORD AND SECURITY. The Website
may contain some features that require registration. If asked to
register for additional access, you may select a username and password
to be used in conjunction with your account. You are responsible for
maintaining the confidentiality of your password, and are fully
responsible for all uses of your password, whether by you or others.
You agree to (a) log out of your account at the end of each session;
(b) keep your password confidential and not share it with anyone else;
and (c) immediately notify StudioOne of any unauthorized use of your
password or account or any other breach of security. StudioOne cannot
and will not be liable for any loss or damage arising from your failure
to comply with this Section.
DISCLOSURE OF PERSONAL
INFORMATION. Without limitation of any of the rights granted to
StudioOne herein, you acknowledge and agree that StudioOne may preserve
and disclose information about you, your account and transactions made
through the Website if required to do so by law or if we believe that
such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce our rights; or (c) protect the rights,
property, or safety of StudioOne, any individual or the public.
CHOICE OF LAW/FORUM. This Agreement shall be governed by,
and will be construed under, the laws of the State of New York, without
regard to choice of law principles. Those who choose to access the
Website from locations outside of the United States do so on their own
initiative, and are responsible for compliance with local laws if and
to the extent local laws are applicable. You irrevocably agree to the
exclusive jurisdiction by the federal and state courts located in the
County of New York, in the State of New York, to settle any dispute
which may arise out of, under, or in connection with this Agreement.
YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF
THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.
FORCE
MAJEURE. StudioOne shall not be liable for any delay or failure to
perform resulting from causes outside the reasonable control of
StudioOne, including without limitation any failure to perform
hereunder due to unforeseen circumstances or causes beyond
StudioOne’s control such as acts of God, fire, flood,
earthquake, accidents, strikes, war, terrorism, governmental act,
failure of common carriers (including Internet service providers and
web hosting providers), or shortages of transportation facilities,
fuel, energy, labor or materials.
MISCELLANEOUS. If
any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such
section. StudioOne’s failure to act with respect to any
failure by you or others to comply with these Terms of Use does not
waive StudioOne’s right to act with respect to subsequent or
similar failures. These Terms of Use set forth the entire
understanding and agreement between you and StudioOne with respect to
the subject matter hereof; provided, however, that it shall be read in
conjunction with any StudioOne user agreement(s) entered into by you.
Any cause of action or claim you may have with respect to this
Agreement or the Website must be commenced within six (6) months after
the claim or cause of action arises or such claim or cause of action
shall be barred. You may not assign or transfer your rights or
obligations under this Agreement without the prior written consent of
StudioOne, and any assignment or transfer in violation of this
provision shall be null and void. StudioOne reserves the right to seek
all remedies available at law and in equity for violations of this
Agreement and/or the rules and regulations set forth on the Website,
including without limitation the right to block access from a
particular internet address.
CONTACT. Please direct
any questions you may have about this Agreement or the Website to us at
212-213-2332 or inquiries@studioonenetworks.com.
