Site Terms Of Use
Urban Elle LLC Web Site Agreement
The URBANELLE.COM Web Site (the "Site") is an online information serviceprovided by Urban Elle LLC ("URBANELLE.COM "), subject to yourcompliance with the terms and conditions set forth below. PLEASE READ THISDOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USINGTHE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IFYOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESSOR USE THE SITE. URBANELLE.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCHMODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIEDAGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BEAWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALLBE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.Copyright, Licenses and Idea Submissions.
Theentire contents of the Site are protected by international copyright andtrademark laws. The owner of the copyrights and trademarks are URBANELLE.COM,its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THEMATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You mayprint and download portions of material from the different areas of the Sitesolely for your own non-commercial use provided that you agree not to change ordelete any copyright or proprietary notices from the materials. You agree togrant to URBANELLE.COM a non-exclusive, royalty-free, worldwide, perpetuallicense, with the right to sub-license, to reproduce, distribute, transmit,create derivative works of, publicly display and publicly perform any materialsand other information (including, without limitation, ideas contained thereinfor new or improved products and services) you submit to any public areas ofthe Site (such as bulletin boards, forums and newsgroups) or by e-mail toURBANELLE.COM by all means and in any media now known or hereafter developed.You also grant to URBANELLE.COM the right to use your name in connection withthe submitted materials and other information as well as in connection with alladvertising, marketing and promotional material related thereto. You agree thatyou shall have no recourse against URBANELLE.COM for any alleged or actualinfringement or misappropriation of any proprietary right in yourcommunications to URBANELLE.COM.
TRADEMARKS
Publications,products, content or services referenced herein or on the Site are theexclusive trademarks or servicemarks of URBANELLE.COM. Other product andcompany names mentioned in the Site may be the trademarks of their respectiveowners.
2.Use of the Site.
Youunderstand that, except for information, products or services clearlyidentified as being supplied by URBANELLE.COM, URBANELLE.COMdoes not operate,control or endorse any information, products or services on the Internet in anyway. Except for URBANELLE.COM- identified information, products or services,all information, products and services offered through the Site or on theInternet generally are offered by third parties, that are not affiliated withURBANELLE.COM a. You also understand that URBANELLE.COM cannot and does notguarantee or warrant that files available for downloading through the Site willbe free of infection or viruses, worms, Trojan horses or other code thatmanifest contaminating or destructive properties. You are responsible forimplementing sufficient procedures and checkpoints to satisfy your particularrequirements for accuracy of data input and output, and for maintaining a meansexternal to the Site for the reconstruction of any lost data.
YOUASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.URBANELLE.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" ANDDOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS ORENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE ORNONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION ORSERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, ANDURBANELLE.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHERDIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOURRESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALLOPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGHTHE SERVICE OR ON THE INTERNET GENERALLY. URBANELLE.COM DOES NOT WARRANT THATTHE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICEWILL BE CORRECTED.
YOUUNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITEDMATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOURACCESS TO SUCH MATERIALS IS AT YOUR RISK. URBANELLE.COM HAS NO CONTROL OVER ANDACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NOEVENT WILL URBANELLE.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, ORINDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISINGOUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, ORTRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANYDELAY OF SUCH INFORMATION OR SERVICE. EVEN IF URBANELLE.COM OR ITS AUTHORIZEDREPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THESERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSESOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.IN SUCH STATES, URBANELLE.COM LIABILITY IS LIMITED TO THE GREATEST EXTENTPERMITTED BY LAW.
URBANELLE.COMmakes no representations whatsoever about any other web site which you mayaccess through this one or which may link to this Site. When you access anon-URBANELLE.COM web site, please understand that it is independent fromURBANELLE.COM, and that URBANELLE.COM has no control over the content on thatweb site. In addition, a link to a URBANELLE.COM web site does not mean thatURBANELLE.COM endorses or accepts any responsibility for the content, or theuse, of such web site.
3.Indemnification.
Youagree to indemnify, defend and hold harmless URBANELLE.COM, its officers,directors, employees, agents, licensors, suppliers and any third party informationproviders to the Service from and against all losses, expenses, damages andcosts, including reasonable attorneys' fees, resulting from any violation ofthis Agreement (including negligent or wrongful conduct) by you or any otherperson accessing the Service.
4.Third Party Rights.
Theprovisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) arefor the benefit of URBANELLE.COM and its officers, directors, employees,agents, licensors, suppliers, and any third party information providers to theService. Each of these individuals or entities shall have the right to assertand enforce those provisions directly against you on its own behalf.
5.Term;Termination.
ThisAgreement may be terminated by either party without notice at any time for anyreason. The provisions of paragraphs 1 (Copyright, Licenses and IdeaSubmissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third PartyRights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
ThisAgreement shall all be governed and construed in accordance with the laws ofThe United States of America applicable to agreements made and to be performedin The United States of America. You agree that any legal action or proceedingbetween URBANELLE.COM and you for any purpose concerning this Agreement or theparties' obligations hereunder shall be brought exclusively in a federal orstate court of competent jurisdiction sitting in The United States of America .Any cause of action or claim you may have with respect to the Service must becommenced within one (1) year after the claim or cause of action arises or suchclaim or cause of action is barred. URBANELLE.COM's failure to insist upon orenforce strict performance of any provision of this Agreement shall not beconstrued as a waiver of any provision or right. Neither the course of conductbetween the parties nor trade practice shall act to modify any provision ofthis Agreement. URBANELLE.COM may assign its rights and duties under thisAgreement to any party at any time without notice to you.
Anyrights not expressly granted herein are reserved.
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