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And now for the legal mumbo jumbo–
TERMS OF USE
AGREEMENT BETWEEN USER AND TAKEOUTMAG.COM
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Use Agreement (“Agreement”) for takeoutmag.com (“Site,” “we,” “us,” or “our”), an Internet website.
THIS SITE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 13 YEARS OF AGE OR OLDER WHO RESIDE IN THE UNITED STATES OF AMERICA. IF YOU ARE NOT YET 13 YEARS OLD, OR DO NOT RESIDE IN THE UNITED STATES, PLEASE DISCONTINUE USING THE SITE IMMEDIATELY, OR IF FOR ANY REASON, YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, PLEASE DISCONTINUE USING THE SITE IMMEDIATELY BECAUSE BY USING OR ATTEMPTING TO USE THE SITE, YOU CERTIFY THAT YOU ARE AT LEAST 13 YEARS OF AGE AND MEET ANY OTHER ELIGIBILITY AND RESIDENCY REQUIREMENTS OF THE SITE.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and takeoutmag.com. In this Agreement, the term “Site” includes all websites and webpages within takeoutmag.com as well as any equivalent, mirror, replacement, substitute or backup websites and webpages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement.
The Site’s Privacy Policy [See “PRIVACY POLICY”] is hereby incorporated in this Agreement by reference. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement and the Privacy Policy, including any indemnifications, warranties and limitations of liability.
The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below.
MODIFICATIONS
We reserve the right to revise this Terms of Use at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Notice of material changes to either document will be posted on the Site’s homepage. We encourage you to check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are our property and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well. The Site is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without our express prior written consent. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights.
RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from or through your user submissions. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
-be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
-affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
-send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
-be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages;
-transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
-forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
-violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
-modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
-collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, TAKEOUTMAG.COM, ITS PARENT COMPANIES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend and hold the Site or their subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
TERM AND TERMINATION
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration process. These terms and conditions, or any of them, may be modified or terminated by us without notice at any time for any reason. The provisions relating to Intellectual Property, Disclaimer and Limitation of Liability, Indemnification, Applicable Laws and Miscellaneous Terms, shall survive any termination.
APPLICABLE LAWS; MISCELLANEOUS TERMS
This Agreement, together with our Privacy Policy [See “PRIVACY POLICY”] and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
This Terms of Use Agreement was last modified on November 25, 2008 and is effective immediately.
Copyright © 2008 takeoutmag.com, a division of The Takeout Group – All Rights Reserved.
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PRIVACY POLICY
YOUR PRIVACY IS IMPORTANT TO US. THAT IS WHY WE WANT YOU TO BE INFORMED ABOUT HOW WE PROTECT THE PRIVACY OF VISITORS TO OUR SITE. PLEASE TAKE A MOMENT TO READ THE FOLLOWING POLICY, WHICH DESCRIBES OUR PRACTICES FOR THE COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION (“PERSONAL INFORMATION”) ON THIS SITE. SITES THAT ARE LINKED TO OUR SITE MAY HAVE DIFFERENT POLICIES; PLEASE REVIEW THE PRIVACY POLICY NOTICES ON THOSE SITES FOR DETAILS.
WE RESERVE THE RIGHT TO REVISE THIS PRIVACY POLICY AT ANY TIME BY UPDATING THIS POSTING WITHOUT ADVANCE NOTICE TO YOU. SUCH REVISIONS SHALL BE EFFECTIVE TO YOU IMMEDIATELY UPON POSTING. NOTICE OF MATERIAL CHANGES TO EITHER DOCUMENT WILL BE POSTED ON THE SITE’S HOMEPAGE. HOWEVER, WE ENCOURAGE YOU TO CHECK THIS PRIVACY POLICY AND TERMS OF USE AGREEMENT OFTEN FOR UPDATES. WE MAY ALSO E-MAIL YOU, AT OUR DISCRETION, ABOUT THESE CHANGES.
This is the official Privacy Policy (“Privacy Policy”) for takeoutmag.com (“Site,” “we,” “us,” or “our”), an Internet website. This Privacy Policy governs only the Personal Information collected by the Site and does not cover any such information collected in any other manner or for any other purpose.
This Site is offered and made available only to users 13 years of age or older who reside in the United States of America (“U.S.”). If you are not yet 13 years old, or do not reside in the U.S., please discontinue using the Site immediately, or if, for any reason, you do not agree with this Privacy Policy, please do not participate in the features, activities and services that require you to provide your Personal Information. In the event that we unknowingly send an e-mail to a child (a person under the age of 13) who has provided Personal Information to the Site in violation of the Site’s Terms of Use Agreement, the child or the child’s parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future e-mails by requesting termination of the child’s status as a registered user with the Site.
This Privacy Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement [SEE “TERMS OF USE”]. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement. Both the Privacy Policy and Terms of Use Agreement are legally binding on all users.
We are committed to protecting users’ privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.
Your continued use of the Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below.
This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
WHAT WE COLLECT AND HOW WE USE IT
When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, such as music and fashion. We do not collect Personal Information about you on this site without your knowledge, and all such information is collected directly from you.
Your Personal Information will not be sold or rented to anyone. To the extent required or permitted by law, we may collect, use and disclose personal information in connection with security-related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements. We may also use your information as permitted by law to protect our rights or property, our website, or its users.
We do not use ‘cookie’ technology to collect data regarding your visits to the Site. Reasonable steps are taken to manage the privacy of users’ Personal Information and the security of this Website. However, the security of any information that is disclosed online cannot be guaranteed.
By supplying us with Personal Information, you are opting in to receive information from us via electronic mail. If at any time you indicate that you no longer want to receive such email communications, or if you want to remove yourself from consideration for the talent audition process, you may send an e-mail to info@takeoutmag.com with “Remove Me” in the subject line.
Questions about this policy should be sent to the Privacy Administrator at info@takeoutmag.com with “Attention: Privacy Officer” in the subject line.
This Privacy Policy was last modified on November 25, 2008 and is effective immediately.
Copyright © 2008 takeoutmag.com, a division of The Takeout Group – All Rights Reserved.
