Recently updated: March 19, 2019
By using the Website and/or using the Services, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should discontinue using the Website and/or the Services. As long as you do not cease using the Website or any of the Services, you will be conclusively deemed to have accepted these Terms.
- Our Website
- Our Website is intended to provide you with a variety of content, for entertainment purposes, including, among others, articles, opinion pieces, tips, news, images, videos and other content that might interest you in various topics, as may be provided in the Website or Services (the “Content”).
- Please be aware that we may allow a wide variety of opinions or content to be displayed in the Website or Services, at our sole discretion, however, this does not mean that we endorse, recommend or warrant the accuracy, quality or truthfulness of any of the Content provided via the Website or Services, and you assume all risks associated with accessing, using or implementing such Content, at your sole risk.
- The Content, including without limitation, any text, audio, video, photographs, illustrations, graphics and other visuals, is for general entertainment informational purposes only, and does not constitute any professional medical or dietary advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified professionals with any questions or concerns you may have regarding your individual needs prior to using or implementing any Content.
- Ownership of Intellectual Property
- The Content and information provided on and through the Website and/or Services, including, without limitation, any of our logos, trademarks, graphics, designs, information, texts, images, software, data and other material displayed, available or present on the Website and/or Services, are the copyrighted and/or trademarked work of us and/or our affiliates and/or licensors.
- We retain all rights, including any intellectual property rights, in the Content. Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.
- You agree that any feedback or ideas you provide to us regarding the Website, Content or Services, including any suggested improvements thereto (the “Feedback”) will be the exclusive property of the Company. To the extent, you own any rights in the Feedback, you agree to assign and hereby do irrevocably assign to the Company all right, title and interest in and to the Feedback. To the extent required under applicable law, you agree to perform all acts reasonably requested by us to perfect and enforce such rights.
- Restricted Uses
In connection with your use of the Website and/or Services, and without limiting any other obligations under these Terms or applicable law, User shall not, and shall not permit others to:
- Modify the Website, Content and/or Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to disrupt the Website, Content and/or Services, servers or networks connected to the Website or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Website and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or the Services;
- Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Website, Content and/or Services;
- Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Website, Services, technology or any software thereto;
- Create a database by systematically downloading and storing all or any content from the Website or the Services;
- Use the Website, Content and/or Services for any illegal, immoral or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or another lawsuit;
- Use the Website, Content and/or Services in a manner which infringes another person’s rights in any way, including privacy rights, any manner which is harassing, or otherwise offensive; and
- Use the Website, Content and/or Services in a way that infringes or violates these Terms.
- Warranty Disclaimers
- Despite our efforts, the information contained in the Website, including the Content, may not be accurate, comprehensive, complete, updated or applicable in all respects at all times. The Company shall not be liable for any inaccuracies or omissions in the Website, Content and/or Services and any decisions you make based on information contained in this Website are your sole responsibility, and made at your sole risk.
- USER ACKNOWLEDGES AND AGREES THAT THE WEBSITE, CONTENT AND THE SERVICES, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, SOLELY FOR GENERAL INFORMATION, AND ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
- THE COMPANY disclaims all warranties, express or implied, of any kind, regarding the Website or the Services (including any content, information, software, and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties applicable to you, the above exclusions will apply only to the user to the fullest extent permitted by applicable law.
You hereby agree to indemnify, defend and hold US, including our directors, officers, employees, consultants, agents, and affiliates, harmless from any and all third-party claims, liability, damages and costs (including, but not limited to, legal fees) arising from your use (or misuse) of the Website, Content or Services or your breach of these Terms.
- Limitations On Liability And Remedies
- The User assumes full, exclusive and sole responsibility for the use of and reliance on the Website, Content or Services, and acknowledge that any use of or reliance on the Website, Content or Services is made entirely at the User’s own risk.
- COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE WEBSITE, CONTENT OR SERVICES. THE COMPANY AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE WEBSITE, CONTENT AND/OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Dispute Resolution and Governing Law
- In case of any dispute you hereby agree to contact us first at: [email protected] In case of such dispute we will make our best efforts to resolve the dispute in good faith and in an informal manner. If the dispute was not solved to the parties’ satisfaction, you and we both agree to submit our dispute to binding and exclusive arbitration by the American Arbitration Association.
- Furthermore, you and we agree to bring any claims in an individual capacity and not as a plaintiff or class member and both parties hereto waive any right that each of them may have to a trial by jury or to participate in a class action suit.
- You have the option to opt out of the arbitration mechanism if you do not agree to this arbitration provisions. If you do not agree then you must send us a written notice which shall state that you do not agree to this provision and that includes your name and residential address.
- These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflicts of law principles thereof. You agree to resolve any dispute you have with respect to any action at law or in equity relating to this arbitration provision, exclusively in the competent court located in Manhattan, New York. Any cause of action you might have relating to the Website, Content or Services is limited to 1 year from the occurrence of such relevant incident.
- Links to third party websites
Third party websites linked to and from the Website are not necessarily under the control of the Company. The Company shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked websites or any link or linking program at any time. The Company does not necessarily endorse companies (or related products or services) to or from which the Website is linked. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
- Intellectual Property Infringement
- We respect the intellectual property rights of third parties, and we strive to prevent any use of materials or content which infringes on the rights of third parties. Therefore, we have the policy to protect the rights of third parties with respect to the Website, Content or Services in accordance with applicable laws. Our policy in this regards incorporates the Digital Millennium Copyright Act of 1998(“DMCA“), including appointment of a designated agent to handle any related issues.
- If you believe that any Content or material on our Website or Services may be infringing on your intellectual property rights, including, among others, copyrights, please provide us with a detailed written notice to our designated agent for notice of claims of infringement of intellectual property rights, this email: [email protected]
- Please provide the following details within your notice so we can properly address it in accordance with applicable law:
- Identify the protected work alleged to have been infringed;
- Identify the allegedly infringing material on our Website or Service in a precise manner in order to enable us to find such work;
- Contact information by which the Company can contact you (including postal address, telephone number, and e-mail address);
- The following statements on your behalf in the body of the notice:
“I hereby confirm that I have a good faith belief that the use of the copyrighted material, has not been authorized by the copyright owner, its agent, or the law as a fair use or otherwise.”
“I hereby confirm that the information included in this notice is accurate and I hereby affirm under penalty of perjury, that I am the owner of the copyright that has been allegedly infringed or am authorized to act on behalf of the owner”
- The physical or electronic signature of the individual that is authorized to act on behalf of the intellectual property owner.
- Following your notice, we will remove or disable access to any content that we believe is infringing or violating or may infringe the copyrights or other property rights of any party once we have received a valid notice of such infringement. We will then notify the alleged infringer.
- You may also fill in the online form available here.
- Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
- Assignment. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation hereunder. The Company may assign these Terms at any time to the successor in interest in connection with a sale, merger, consolidation or other corporate reorganization
- Survivability. The dispute resolution and governing law provisions above shall survive the termination of these Terms (as may be amended from time to time).
- Entire Agreement. These Terms constitute the entire understanding between the parties with respect to the Website, Content and Services.
You may contact us at: [email protected] if you have any questions with respect to these Terms.