GENERAL RULES AND DEFINITIONS
Americas Women Magazine LLC, and its city additions, properties, and subsidiaries if you choose to use americaswomenmagazine.com (the “Site”), Americas Women Magazine LLC, and its city additions, properties, and subsidiaries mobile sites and applications, any of the features of this site, including but not limited to RSS, API, software and other downloads (collectively, the "Americas Women Magazine LLC, and its city additions, properties, and subsidiaries Services"), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and "Americas Women Magazine LLC, and its city additions, properties, and subsidiaries", (“us” or “we”).
We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY SENDING E-MAIL TO: email@example.com (TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site. The Publisher may extend lifetime publishing rights to our Customers which are fully revocable, without written or verbal notice, at the Publisher’s complete discretion.
You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Americas Women Magazine LLC, and its city additions, properties, and subsidiaries or the copyright holder identified in the copyright notice contained in the Content.
The Publisher reserves the right to edit, alter, omit, or refuse any Content submitted for publication and to insert the word “Advertisement” where deemed appropriate. The Publisher retains lifetime rights to separately or concurrently publish or expunge the client's material in any or all of Americas Women Magazine LLC, and its city editions, properties, and subsidiaries at its discretion.
The Publisher shall have the right to hold the Advertiser and/or its agency jointly and severally liable for such monies as are due and payable to the Publisher for advertising or design fees, which Advertiser or its agent ordered, and which advertising was published. The Publisher reserves the right to revise its advertising rates at any time. Conditions other than rates are subject to change by the Publisher without notice. All Content is accepted and subject to other provisions, terms, and rates of our current rate card.
Failure to provide advertising or editorial materials to the Publisher by the respective deadline shall not relieve Customer from obligation to make payments per this agreement. In the event that approved materials are not available in time, the Publisher may publish a previous Customer ad or editorial or elect to drop its ad and extend the term of the agreement by one month. The Publisher may create an ad or editorial to be used for the months agreed upon should the Customer neglect to provide materials or information required by the deadline. Should an advertising proof be submitted to Customer by the Publisher for approval, Customer shall either approve by signing proof or by submitting changes on proof and returning to the Publisher within 48 hours from delivery, or advertisement shall be deemed correct. The Publisher shall not be responsible for advertising errors thereafter. Customers do not receive proofs of editorial material.
No conditions other than those set forth in these terms and conditions shall be binding on the Publisher unless specifically agreed to in writing by the Publisher. The Publisher will not be bound by conditions appearing on order blanks or instructions which conflict with provisions with these terms and conditions. No verbal agreement altering rates and/or terms shall be recognized. The Publisher may extend lifetime publishing rights to the Customer which are fully revocable, without written or verbal notice, at the Publisher’s complete discretion.
Read all copy carefully and thoroughly. Legibly mark any changes or corrections needed. Be liberal with comments and directions. Any typographical errors will be corrected free of charge. Each change in design layout is $50. Customer’s signature on the PROOF constitutes TOTAL and FINAL approval to publish the job “as it appears” on the proof. The Publisher makes every attempt to eliminate mistakes in our preparation. However, Customer has the final review responsibility to ensure accuracy. Should a proof be submitted to the Customer by the Publisher Magazine for approval, Customer shall either approve by signing proof or by submitting changes on proof, in writing, and returning to the Publisher within 48 hours from delivery or advertisement shall be deemed correct. The Publisher shall not be responsible for errors thereafter.
The Publisher reserves the right to use whatever means legally available to collect past due balances from Customer including legal action. Customer shall be responsible for reimbursement of all costs incurred by Americas Women Magazine LLC, and its city editions, properties, and subsidiaries while attempting to collect said balance, including attorneys’ fees and collection agency charges.
The Publisher accepts no liability for its failure, for any cause, to insert any Content into its publication. Liability for any error appearing in any Content is limited to the cost of the space actually occupied by the error. No allowance however will be granted for an error that does not materially affect the value of the Content. While it is the intent of the Publisher to make every effort to ensure accuracy and correctness of advertisements, the Publisher assumes no responsibility for errors or deletions in published Content. Such errors or deletions shall not release Customer from payment required per this contract. Content is accepted by the Publisher upon the express warranty by the Customer that the Customer and/or its agency and/or creative services employees or independent contractors own or have legally acquired the right to publish the Content that they submit, including but not limited to photographs, illustrations, text or any other element contained in the Content. In consideration of such publication, the Customer and its agency agree to indemnify and hold the Publisher and its officers or agents harmless against any liability, expense and/or loss from suits, fines or judgments by reason of any claims arising out of publication of said Content for accuracy, defamation, plagiarism, invasion of infringement, copyright or privacy, errors or omissions, or other damages.
The Publisher reserves the right to release Customer’s name at the Publisher’s discretion. All Customer material (copy, text, photos, discs, videos, information, etc.) delivered to the Publisher shall remain the property of the Publisher unless otherwise arranged for in advance. The Publisher does not accept responsibility for damage of materials or guarantee condition of returned materials.
PUBLISHING TERMS AND CONDITIONS:
At certain times, the Publisher may offer revocable lifetime rights that can be placed or expunged at the Publisher’s discretion in any of Americas Women Magazine LLC, and its city additions, properties, and subsidiaries. Due to unforeseen events, within limits set forth such as acts of God, terrorism, pandemic, bankruptcy, sickness, business reasons, business and/or market slowdown or financial reasons, relieves the parties from performing their obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.
Special incentive programs of limited duration for the placement of advertisements, features, sponsored content, that are designed can be placed at publisher’s discretion in any of America Women Magazine LLC, city editions, properties, or subsidiaries.
From time to time, at the publisher’s discretion, the publisher may secure a sponsor for any non-paid editorial and/or profile or any other type of non-paid published page (s) in our digital or print magazine including National and all city editions, properties, and subsidiaries.
The Publisher is not liable for delays in delivery and/or non-delivery in the event of Act of God, action by any governmental entity, fire, food, earthquake, insurrection, riot, explosion, act of terrorism, embargo, strikes, whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, or any condition beyond the control of the Publisher affecting production or delivery in any manner. The Publisher provides no guarantee that the Service will be uninterrupted, or continuous, that you will be able to access our services at a particular time, that any data transmitted by, or through, us is accurate, error free, virus free, secure, or inoffensive.
Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS, AND MORE
The Services shall be used only in a noncommercial manner. You shall not, without the express approval of Americas Women Magazine LLC, and its city additions, properties, and subsidiaries distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
You acknowledge that any submissions you make to the Americas Women Magazine LLC, and its city additions, properties, and subsidiaries (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by Americas Women Magazine LLC, and its city additions, properties, and subsidiaries and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Americas Women Magazine LLC, and its city additions, properties, and subsidiaries may also be included in our RSS feeds, APIs and made available for republishing through other formats.
You are solely responsible for the content of your Submissions. However, while Americas Women Magazine LLC, and its city additions, properties, and subsidiaries does not and cannot review every Submission and is not responsible for the content of these messages, Americas Women Magazine LLC, and its city additions, properties, and subsidiaries reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
Any person involved in or affiliated with the production of a work reviewed on americaswomenmagazine.com or elsewhere in the Services may not submit a Readers' Review for that work or competing works.
PROHIBITED USER CONTENT
You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Web Site or the Web Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Americas Women Magazine LLC and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Americas Women Magazine LLC, and its city additions, properties, and subsidiaries reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Americas Women Magazine LLC, and its city additions, properties, and subsidiaries does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information
displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
LINKING TO THE WEBSITE
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Americas Women Magazine LLC, and its city additions, properties, and subsidiaries disclaims any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. Americas Women Magazine LLC, and its city additions, properties, and subsidiaries cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
You agree to defend, indemnify and hold us and our affiliates and our affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
COMMUNICATIONS BETWEEN AMERICAS WOMEN MAGAZINE LLC AND USERS
If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
Americas Women Magazine LLC, and its city additions, properties, and subsidiaries reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
Americas Women Magazine LLC, and its city additions, properties, and subsidiaries may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, firstname.lastname@example.org, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
You may terminate your subscription at any time by sending e-mail to: email@example.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 72 hours.
Americas Women Magazine LLC, and its city additions, properties, and subsidiaries may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
These Terms of Service have been made in and shall be construed and enforced in accordance with Nevada law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Clark County, NV.
Correspondence should be sent to firstname.lastname@example.org
You agree to report any copyright violations of the Terms of Service to Americas Women Magazine LLC, and its city additions, properties, and subsidiaries as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the americaswomenmagazine.com service, please notify email@example.com. (Please direct all general questions to please notify firstname.lastname@example.org)