Last Modified: May 13, 2013
I. Visitor Code of Conduct
BDSign Creative Group LLC (“Company”), doing business in the California owns and operates the Naluda Magazine website (www.naludamagazine.com), (hereinafter “the Magazine, “Site” or “We”).
II. Modifications to These Terms & Conditions
III. Your Submission of Personal Information To the Site
To participate in activities on our Site, we may request that you submit certain personally identifiable information about yourself, including your name and personal contact information (“personal information”). We may also gather certain types of non-personal information about your visit to protect the security of our members or our Site or to make our program content more enjoyable for all our visitors.
IV. Membership and Participation on the Site
You must be thirteen (13) years of age or older to participate in any activities or services offered on our Site and/or be a member and receive membership benefits. You may not have to be a member to participate in certain contests, sweepstakes and/or special events; however, you must meet the designated minimum age requirements (for example, twenty-one (21) years of age or older) for the specific event.
We will establish specific rules and terms for participation in each contest, sweepstakes and/or special event and will post this information on our Site. We will not knowingly collect personal information from visitors under thirteen (13) years of age for these activities. Upon discovery of the participation of a person under thirteen (13) years of age in such activities, his/her registration or participation will be cancelled immediately and all personal information will be deleted from our files.
You may be required to select a password and member name for membership registration. You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold the Site, their parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password.
V. User Content: Your Ownership and Our License to Use
You represent and warrant that you are the owner or otherwise have the right to provide any information, reviews or photos (described in Interactive Areas below) or materials (including pre-existing materials) and any comments or content submitted, posted or transmitted through the Site (“User Content”). By submitting communications or content to any interactive part of our Site, you agree that such submission is non-confidential for all purposes and that any inclusion of personally identifiable information, such as name, photograph or other information in such posts may allow others to identify you.
In addition, in consideration of the Site accepting User Content, you hereby grant to the Site and its parents, affiliates, subsidiaries, licensees, operational providers, successors and assigns an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Site, in our print magazine and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in Naluda magazine, Naluda.com any other website or mobile application owned or operated by BDSign Creative Group LLC, as well as in any magazine anthology or printed collection and in connection with the advertising, marketing and promotion of any or all of the foregoing, throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the “Uses”) and the right to, in our sole option and discretion, attribute such User Content to the visitor submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration. You also agree to indemnify and hold the Site, its parents, affiliates and subsidiaries harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of the Uses of the User Content that you submit on our Site. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.
VI. Interactive Areas
We may provide interactive activities for the Site communities such as chat rooms, article and blog comment posting areas, reader photo upload, reader ratings and reviews, saving favorite restaurants or fashion looks, bulletin boards (also known as message boards), SMS text messaging and mobile alerts (collectively, “Interactive Areas”) for the enjoyment of our visitors.
Any submissions or postings by visitors to certain parts of the Site, including, without limitation, Interactive Areas, will be public and posted in public areas on our Site. The Site, their parents, partners, affiliates, subsidiaries, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Site’s Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas.
You must be thirteen (13) years of age or older to participate in the Site Interactive Areas. General members of the Site online communities may have the opportunity to register for participation in the Interactive Areas when they first apply for membership and may be required to select a member name and password for the Interactive Areas. Interactive Areas not conducted, operated and/or managed by the Site may require a different registration process.
Please consider the risks of revealing personal information (such as name, phone number or street address) about yourself or others in Interactive Areas, including when connecting to the Site through a third party service. By participating in any of the aforementioned activities, all visitors and members agree to follow the Site’ standards of conduct. Postings to public areas may or may not be reviewed by the Site prior to appearing on the Site. Nonetheless, the Site reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Site The Site will also cooperate with local, state and/or federal authorities to comply with applicable law.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, email, transmit, upload or otherwise make available through our Site. You agree not to use the Interactive Areas or the Site to make available any content that:
VII. Restrictions on Visitors’ Use of Site Content
The Site contains materials supplied by the Site and its affiliates, parents and subsidiaries, as well as other sources, including User Content in certain Interactive Areas. These materials are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and we own or control all materials or a third party that submitted materials to the Site owns the material. Except as expressly authorized by the Site, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of any material, User Content or design elements obtained from the Site, including code and software (“Material”). In addition, access to the Site using automated means such as harvesting bots, robots, spiders, etc. to collect user content or information is prohibited absent express authorization. Notwithstanding the above, you may print or download Material from the Site only for personal or non-commercial use, provided that you do not republish the Material and keep intact all copyright, trademarks, service marks, attributions, patent and other proprietary notices.
The menus displayed on the Site may be the property of the respective club or (the “Featured Venue”) or their licensors and are protected by U.S. and international copyright laws. The trademarks, service marks, designs and logos of the Featured Venue displayed on our Site may be the registered and unregistered trademarks of the respective Featured Venue and its licensors. Your use of such menus or trademarks, except as provided in this Agreement, is strictly prohibited.
Use of Material for any purpose not expressly permitted in this Agreement is prohibited. As noted above, reproduction, copying or redistribution for commercial purposes of the Material on the Site is strictly prohibited without the express written permission of Company. You are also prohibited from framing the Site without the express written permission of Company. For information on requesting such permission, please send a written request to: email@example.com, attn.: Legal Department. Decisions to grant or deny permission are within the sole discretion of Company.
VIII. DMCA Copyright Infringement Claim and Counter-Claim Policy for Interactive Areas
If you believe in good faith that Materials we host infringe on your copyright, you (or your agent) may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that we remove or block access to the infringing Material, which shall include the following information:
XI. Third Party Links
Our Site contains links and pointers to other website and resources on the Internet controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, their parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Site sponsors, are affiliated with, are associated with or otherwise recommend, certify or endorse the third party link or site. Any concerns regarding external links or website should be directed to the respective website administrator or system operator. The Site reserves the right, in its sole discretion, to terminate links with any third parties or other website that they deem inappropriate or inconsistent with the Site. The Site, its parents, affiliates and subsidiaries make no representations about the content, functionality or practices of such third party Site and resources and disclaim any and all warranties, express or implied, with respect thereto.
X. Advice, Opinions and Third Party Content Disclaimer
Our Site contains facts, views, opinions and statements of third parties, visitors and other organizations. The Site, its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Site, its parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Site.
The Site and its content, including menus of Featured Venues are provided solely for informational purposes and are not endorsements or guarantees by the Site of any Featured Venue or the products or services available from such venues. The Site accepts no liability in connection with the inclusion or omission of any venue from the Site, and will not be responsible for changes in menus, prices, phone numbers, addresses, ownership, management and other factual information regarding Featured Venues.
Email is an important communication method for our online visitors. The person in whose name the email account is registered should generate all email sent to us. Email users shall not mask their identity by using a false name or another person’s name or account. We will use your email address and the content of any email for correspondence and visitor response purposes. Any non-personal information you provide to us by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and we assume no obligation to protect such non-personal information contained in the email from disclosure.
XIII. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THE SITE IS PROVIDED “AS IS.” THE SITE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
XV. Choice of Law and Forum
The Site is originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of the Site will be subject to the exclusive jurisdiction of the courts located within the state of California, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.
XVII. Security Measures