These terms of use (the “Agreement”) cover all websites Modern Metamedia LLC (“Modern Metamedia”) owns and operates, including those operating under the modernmetamedia.com, moderndestiny.com, and shelterholic.com domains, such as modernmetamedia.com, moderndestiny.com, woman.moderndestiny.com, inthemoment.moderndestiny.com and now.shelterholic.com (the “Websites”). We will disclose it here if a website under one of our domains is operated by a third-party or has different terms of use. These terms of use also apply to any other content associated with our Websites such as RSS feeds and email communications and newsletters.
Modern Metamedia’s Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Modern Metamedia’s Privacy Policy) and procedures that may be published from time to time by Modern Metamedia on our Websites.
Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any of our services.
Responsibility of Website Visitors
Modern Metamedia has not reviewed, and cannot review, all of the material, including computer software, posted to the Website,s and cannot therefore be responsible for that material’s content, use or effects. By operating the Websites, Modern Metamedia does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Modern Metamedia disclaims any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Modern Metamedia sites link, and that link to Modern Metamedia Websites. Modern Metamedia does not have any control over those non-Modern Metamedia websites and webpages, and is not responsible for their contents or their use. By linking to a non-Modern Metamedia website or webpage, Modern Metamedia does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Modern Metamedia disclaims any responsibility for any harm resulting from your use of non-Modern Metamedia websites and webpages.
Copyright Infringement and DMCA Policy
As Modern Metamedia asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Modern Metamedia Websites violates your copyright, you are encouraged to notify Modern Metamedia in accordance with Modern Metamedia’s Digital Millennium Copyright Act (“DMCA”) Policy. Modern Metamedia will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Intellectual Property
This Agreement does not transfer from Modern Metamedia to you any Modern Metamedia or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Modern Metamedia. Modern Metamedia, Modern Destiny, Shelterholic, all associated logos, and all other trademarks, service marks, graphics and logos used in connection with the Websites are trademarks or registered trademarks of Modern Metamedia. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Modern Metamedia or third-party trademarks.
Use of Content on the Websites
All materials produced by Modern Metamedia or our licensors on the Websites are protected by copyright and owned by Modern Metamedia LLC or our licensors. Certain materials on our Websites are submitted by readers, provided by third parties or are covered by the fair use doctrine. Modern Metamedia makes no claim of ownership of material provided by readers, third-parties or published under fair use doctrine. You must abide by all copyright notices or restrictions contained in any content accessed on the Websites.
You may not reproduce, create derivative works from, republish, post, transmit or otherwise distribute any content on the Websites without prior permission from Modern Metamedia. Notwithstanding the forgoing, you may use content provided on the Websites for personal, non-commercial use, or in accordance with fair use doctrine, provided any appropriate copyright or other notices contained within the content are left intact.
User Generated Content
Comments and other user generated cotent sections of the Websites are accessible by all users of the Websites. Modern Metamedia believes that comments are a vital part of the sites. In order to create a safe an appropriate forum for all, anyone posting comments or other user generated content must follow these guidelines:
- Do not post threatening, abusive, harassing, defamatory, obscene, libelous material or material that is in breach of the law in San Francisco, California, U.S.A or the jurisdiction of the individual posting the material.
- Do not make statements that are intentionality false or misleading.
- Do not ofter to buy or sell any product or service (without the explicit consent of Modern Metamedia)
- Do not post any material that infringes on the copyright, trademark or intellectual property rights of others.
- Keep all comments and user generated content relevant to forum on which it is being posted.
Modern Metamedia is not responsible for the content of comments or other user generated content and makes no warranties about the information contained therein. Modern Metamedia reserves the right, in our sole discretion and for any reason, to remove, move or delete comments or other user generated content that it deems abusive, harassing, defamatory, obscene, potentially libelous, potentiallty in breach of the law, potentially in violation of the copyright, trademark or intellectual property right of others, or otherwise inappropriate, irrelevant, or unacceptable.
Images and Visual Media
Our Websites display images and other visual media as part of the content written by our editors, contributors or aggregated from third parties. These images are either submitted by users or third-parties, licensed by Modern Metamedia, available on a copyright-free basis, or covered by the fair use doctrine. If Modern Metamedia receives notice that any image or other visual media is not in compliance with these terms of use, we reserve the right to remove said material.
Changes
Modern Metamedia reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. Modern Metamedia may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Modern Metamedia may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Content Disclaimer
The Websites contain information, views, opinions, statements, recommendations and viewpoints of third party individuals and entities. Modern Metamedia does not endorse or represent the accuracy, completeness, quality, reliability or up-to-date nature of any content displayed, included within, uploaded or distributed on the Websites. You acknowledge that any reliance on such content is at your sole risk. All content and material on the Websites is made available on an “as is” basis. Such content and materials appear on the Websites without any express or implied warranties of any kind. Modern Metamedia makes no warranty as to the accuracy, completeness, quality, reliability or up-to-date nature of nay content or materials on the Websites.
Disclaimer of Warranties
The Modern Metamedia Websites are provided “as is”. Modern Metamedia and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Modern Metamedia nor its suppliers and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.
Limitation of Liability
In no event will Modern Metamedia, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Modern Metamedia shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Websites will be in strict accordance with the Modern Metamedia Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Modern Metamedia, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Modern Metamedia and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by a legally authorized representative of Modern Metamedia, or by the posting by Modern Metamedia of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California, U.S.A. To the extent legally permissible, any dispute arising under this Agreement shall be finally settled by arbitration. The arbitration shall take place in San Francisco, California, in the English language. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These terms of use are based in part on the document Automattic.com has made available under the Creative Commons Sharealike license.
