Terms & Conditions
1. Use Restrictions Without the prior written permission from an officer of LifestyleMedia Corp. (“LifestyleMedia”), you may not copy, distribute, republish, upload, post, or transmit information contained in this Website (“Information”) in any manner. Provided, however, you may download one copy of the Information onto one computer for your personal, non-commercial use only, provided you do not change the Information in any manner and further provided that you do not delete or change any copyright, trademark, or other proprietary notice contained in the Information. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, use any type of data mining, robots, or similar data gathering or extraction methods on this Website. Any Information downloaded by you from this Website is merely licensed to you by LifestyleMedia. This license does not transfer to you any intellectual property rights in the Information under any patent, copyright, or trademark. All such rights remain with LifestyleMedia. Modifying, or using the Information for any purpose, other than as specifically authorized herein, violates LifestyleMedia’s intellectual property rights. Absent prior written consent from an officer of LifestyleMedia, you may not copy or imitate any elements of this Website, including, but not limited to, graphics, digital images, logos, sounds, images, icons and buttons protected by trade dress and other laws. You may not resell, reverse engineer, disassemble, decompile, or otherwise modify any software contained within the Information. Without the prior written consent from an officer of LifestyleMedia, you may not use framing, metatag, or hidden text techniques in association with any LifestyleMedia trademark, logo, or other copyrighted or proprietary information. LifestyleMedia will prosecute all violations of LifestyleMedia’s proprietary rights and of any other violation of this Agreement to the fullest extent permissible under applicable state, federal, and/or international law.
2. Restricted Rights LifestyleMedia grants you only RESTRICTED RIGHTS regarding use of the Information and Website. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is LifestyleMedia Corp, 1320 Devon Rd. Winter Park, FL 32789.
3. Transmissions You acknowledge that transmissions by you to or from this Website (“Transmissions”) are non-confidential, and that others may read and/or intercept such Transmissions. LifestyleMedia has the right, but not the obligation, in its sole discretion to review any Transmissions transmitted using this Website or LifestyleMedia’s server and to edit or delete any Transmissions that violate any term of this Agreement. You hereby consent to LifestyleMedia’s collection and use of such Transmissions in accordance with LifestyleMedia’s then current Privacy Policy and acknowledge that submitting Transmissions to this Website creates no confidential or fiduciary relationship between you and LifestyleMedia. By using this Website, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions to LifestyleMedia. Accordingly, LifestyleMedia shall own all intellectual property rights in the Transmissions and shall be entitled to the unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to this Website, you irrevocably waive all “moral rights” in such Transmissions.
4. Indemnification You agree to defend, indemnify, and hold LifestyleMedia, its parents, subsidiaries, affiliates, officers, and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to your use of this Website, including, but not limited to: (1) your submission to this Website of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
5. Limitation of Liability IN NO EVENT SHALL LIFESTYLEMEDIA, ITS PARENTS, AFFILIATES, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO LIFESTYLEMEDIA’S RECORDS; OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES; OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE EVEN IF LIFESTYLEMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT LIFESTYLEMEDIA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO LIFESTYLEMEDIA IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.
6. DISCLAIMER YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS AND THAT LIFESTYLEMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION. LIFESTYLEMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE: a. THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; b. LIFESTYLEMEDIA DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND c. LIFESTYLEMEDIA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT. LIFESTYLEMEDIA MAY PERIODICALLY CHANGE THE INFORMATION. LIFESTYLEMEDIA RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THIS WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY LIFESTYLEMEDIA’S ENDORSEMENT OR SPONSORSHIP THEREOF.
7. Links to Third-Party Sites This Website includes hypertext links to other websites that LifestyleMedia has no control over and makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against LifestyleMedia regarding such websites and must adhere to the usage and privacy policies governing such sites. Note that this Website’s use of hypertext links to other websites does not imply LifestyleMedia’s sponsorship or endorsement of any such websites.
8. Copyright All copyrightable Information (other than this Website Terms of Usage and the Privacy Policy), including the selection and arrangement thereof, are copyright © 2013 LifestyleMedia. ALL RIGHTS RESERVED. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post, or transmit the Information in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise without the prior written permission of LifestyleMedia.
9. Trademark All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, LifestyleMedia Corp., The Lifestyle Maven™, and all other colors, graphics, logos, sounds, images, icons, and buttons displayed in this Website (“Marks”) are trademarks of LifestyleMedia and/or its affiliates. You may not copy, imitate, or use any portion of the Marks without the prior written consent from an officer of LifestyleMedia Corp.
10. Impermissible Activity You must not use this Website or the LifestyleMedia server to transmit any data which: a. is unlawful, threatening, or abusive; b. encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; c. is vulgar, profane, obscene, or offensive; d. is pornographic, sexually explicit, or indecent; e. contains false or misleading information; f. inhibits another user from use or enjoyment of this Website; g. is defamatory or libelous; h. contains a virus or surreptitious code; or i. contains any type of commercial component or advertising.
11. Data Collection and Use Your Transmissions are subject to LifestyleMedia’s Privacy Policy. By using this Website, you agree to review the Privacy Policy and be bound by its terms and conditions. From time to time, LifestyleMedia may change its Privacy Policy without notice to you. Your continued use of this Website, after the posting of any changes, shall constitute your agreement with and acceptance of such changes. LifestyleMedia does not knowingly collect data directly from anyone under 13 years of age. If you believe LifestyleMedia has inadvertently collected any such data, please contact our website administrator at info@thelifestylemaven.com for information regarding removal of any such data from our files.
12. Monitoring the Site You acknowledge that you are solely responsible for all of your activities in relationship to this Website, including the contents of all Transmissions and the consequences thereof. You agree to indemnify, defend, and hold LifestyleMedia harmless for any liability arising from your use of this Website. While LifestyleMedia respects your privacy, you hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Transmissions. LifestyleMedia may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (spam). You may not use this Website in association with such spam, any computer viruses, or any other potentially damaging computer code. LifestyleMedia will prosecute Violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Website as well as lost profits, damages, court costs, and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, LifestyleMedia reserves the right to report any Transmissions it believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties and to assist such parties in their investigations.
13. Governing Law This is the entire agreement between you and LifestyleMedia relating to your use of this Website. The laws of the State of Florida, United States of America, shall govern this Agreement and the Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Privacy Policy shall be filed only in state or federal court located in Orlando, FL, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.
14. Termination Either you or LifestyleMedia may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Website. LifestyleMedia may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.
15. Severability If any portion of this Agreement or the Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.