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TERMS AND CONDITIONS
MICHELLE INK MEDIA LLC., Web Sites: ?Terms and Conditions of Use August 31, 2009 This Web Site agreement (the “Agreement”) is between you and MICHELLE INK MEDIA LLC.,. Use of this Web site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) signifies your agreement to the terms and conditions of use set forth below in the Agreement. If you do not agree to the terms and conditions set forth herein, please do not go any further into this site. Conditions of Use?YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ). Your continued use of this Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) indicates your continued acceptance of these terms and conditions. MICHELLE INK MEDIA LLC, may monitor your use of the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) at any time. Use and release of information gathered from the Web Site( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) through such monitoring or other means, including the input by you of information, is governed by the MICHELLE INK MEDIA LLC, SEE OUR PRIVACY POLICY License to Use MICHELLE INK MEDIA LLC. Web Sites and Contents?Subject to the terms and conditions set forth in this Agreement, MICHELLE INK MEDIA LLC, grants you a non-exclusive, non-transferable, limited right to access, use and display the Web Site( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) and the materials thereon, provided that you comply fully with the terms and conditions of this Agreement. The Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) is only for your personal noncommercial use. You agree not to interrupt or attempt to interrupt the operation of the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) in any way. Ownership; Restrictions?All material on the Web Site( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) , including without limitation text, images, software, audio and video clips, as defined below (collectively the “Content”) is owned or controlled by MICHELLE INK MEDIA LLC. The Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) and the Content are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions displayed on the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) . You may not download, display, reproduce, create derivative works from, transmit, sell distribute, or in any way exploit the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) or any portion thereof for any public or commercial use without the express written permission of HFM U.S.. MICHELLE INK MEDIA LLC. You may view and download one (1) copy only of material from the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) (unless otherwise specifically indicated) for your personal, non-commercial home use only, provided that you maintain all copyright and other notices contained therein.
You may not: (w) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) , including without limitation any information residing on any server or database connected to the Web Site( HYPERLINK "http://www.manikmag.com" www.manikmag.com ); (x) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (y) use the Web Site( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) in any manner with the intent to damage, disable, overburden, or impair the Web Site( HYPERLINK "http://www.manikmag.com" www.manikmag.com ); or (z) frame the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) with any other content or information without the prior written permission of MICHELLE INK MEDIA LLC.
Copyright Act Agent.?MICHELLE INK MEDIA LLC. maintains a policy of termination in appropriate circumstances of users who use the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) for repeat infringements. 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. Be sure to include : • 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 you, 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 authorized to act on the copyright owner's behalf. E-mail : HYPERLINK "mailto:
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? Editing and Disclosure of User Material?MICHELLE INK MEDIA LLC, reserves the right, but does not have an obligation, to review all materials posted to the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) by users, and MICHELLE INK MEDIA LLC, is not responsible for any such materials posted by users. However, MICHELLE INK MEDIA reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MICHELLE INK MEDIA’s sole discretion are objectionable or in violation of this Agreement. MICHELLE INK MEDIA LLC, Rights to Materials Provided by Users?By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Web Site( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) , you grant to MICHELLE INK MEDIA LLC, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by MICHELLE INK MEDIA LLC, of any material or idea submitted by you in any Communications. You waive all rights to any claim against MICHELLE INK MEDIA LLC, for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that MICHELLE INK MEDIA LLC, is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your Communications. ?No Responsibility for Transmitted Material?You acknowledge that material transmitted to and from the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to MICHELLE INK MEDIA LLC, or the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ), no confidential, fiduciary, contractually implied or other relationship is created between you and MICHELLE INK MEDIA LLC, other than pursuant to this Agreement. MICHELLE INK MEDIA LLC, shall not be responsible for the payment of any monies to any party in connection with MICHELLE INK MEDIA LLC, use of Communications submitted by you to the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ).?Links to Other Web Sites?The Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) contains links and pointers and sometimes may frame other World Wide Web Internet sites, resources, and sponsors of the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ). Links from the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) to Web sites maintained by third parties and the framing of third-party sites do not constitute an endorsement by MICHELLE INK MEDIA LLC, of such third party resources or their contents. Links and frames also do not imply that MICHELLE INK MEDIA sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, tradename or logo of MICHELLE INK MEDIA LLC, .. You should direct any concerns regarding any external link to its site administrator or webmaster. MICHELLE INK MEDIA LLC, does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ). You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. MICHELLE INK MEDIA LLC, reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ). MICHELLE INK MEDIA LLC, may include routing buttons within the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ), the activation of which will allow you to access and learn about its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES PERTAINING TO THE USE OF SUCH SERVICES. Third Party Services You may order services or merchandise through the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) from other persons or companies not affiliated with MICHELLE INK MEDIA LLC, (“Sellers”). All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc. are solely between you and the Seller. You will not consider MICHELLE INK MEDIA LLC, , nor will MICHELLE INK MEDIA LLC, . be deemed, a party to such transactions, whether or not MICHELLE INK MEDIA LLC, may have received some form of revenue or other compensation in connection with the transaction, or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. MICHELLE INK MEDIA LLC, MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH THE WEB SITE ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) OR ANY TRANSACTIONS ENTERED INTO THROUGH A MICHELLE INK MEDIA LLC, WEB SITE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK. Indemnification?You agree to indemnify, defend and hold MICHELLE INK MEDIA LLC, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of or failure to use the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ), or any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. MICHELLE INK MEDIA LLC, reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MICHELLE INK MEDIA LLC. ?Disclaimer of Warranties and Damages; Limitation of Liability?THE WEB SITE( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE ( HYPERLINK "http://www.manikmag.com" www.manikmag.com) ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HFM U.S. DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE WEB SITE( HYPERLINK "http://www.manikmag.com" www.manikmag.com ); OR THAT THE WEB SITE ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MICHELLE INK MEDIA LLC, AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ), INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO MICHELLE INK MEDIA’s NEGLIGENCE. ?UNDER NO CIRCUMSTANCES SHALL MICHELLE INKE MEDIA LLC, OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE WEB SITE ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ), EVEN IF MICHELLE INK MEDIA LLC, OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MICHELLE INK MEDIA LLC, . OR ITS SUBSIDIARIES OR AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.?Changes to Agreement?MICHELLE INK MEDIA LLC, reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting an amended version of the Agreement on the Web Site. Changes in this Agreement will be effective when posted. Your continued use of the Web Site after any changes to this Agreement are posted will be considered acceptance of those changes. Termination ?MICHELLE INK MEDIA LLC, may terminate, change, suspend or discontinue any aspect of the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) at any time. MICHELLE INK MEDIA LLC, may also impose limits on certain features and services or restrict your access to part or all of the Web Site ( HYPERLINK "http://www.manikmag.com" www.manikmag.com ) without notice or liability. ?General Provisions?THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK. COPYRIGHT NOTICE?Copyright ©2009 MICHELLE INK MEDIA LLC, ?All rights reserved. This Site and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of MICHELLE INK MEDIA LLC. TRADEMARK NOTICE M A N I K is a trademark of MICHELLE INK MEDIA LLC, .
You may not use the foregoing mark or trademark logos or other identifiers without the prior written authorization of MICHELLE INK MEDIA LLC, and/or the trademark owner.
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