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Terms of Use

LEGAL NOTICE 

Terms of Use

Unless otherwise indicated, this website (“Site”) and its contents are the property of Edgify Me LLC (“Edgify Me”) and/or its affiliates (collectively, “we”, “our” or “us”) and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.  By accessing this Site, you agree to the following terms and conditions.  If you do not agree, you have no right or license to access the Site and you should not do so.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any patent or other intellectual property right, and we make no representation or warranty, express or implied, that the use thereof will not infringe any intellectual property rights.

General Terms

Your use of the Site constitutes your full legal acceptance of each of these terms, both in your individual capacity and as an employee and agent of your employer.  These terms and conditions constitute the legal agreement between you and us (“Agreement”).

By using the Site (including without limitation, viewing and downloading any content at the Site), you agree to be bound by the terms and conditions of this Agreement and any guidelines, policies and codes of conduct issued to you from time to time. Users who are under 18 years old may use this Site provided a parent or legal guardian consents to such user’s use of this Site, assumes the obligations provided in this Agreement, and assumes full responsibility for such user’s use of this Site. If you are the parent or legal guardian of a user of this Site who is under 18 years old, you consent to such user’s use of this Site, assume the obligations provided in this Agreement, and assume full responsibility for such user’s use of this Site.

Please review the Agreement carefully.  If you do not agree to this Agreement in its entirety, you are not authorized to use the Site in any manner or form.

We may update the Terms of Use from time to time without notice to you, and each update applies to you in its entirety.  The “Last Modified” date will indicate when the latest changes were made to the Terms of Use.

Although the information and recommendations on the Site are provided in good faith and believed to be correct, we make no representations or warranties as to the completeness or accuracy of the information.

The information is supplied under the condition that the persons receiving same will make their own determination as to the suitability for their purposes prior to use.  In no event will we be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information or the product to which the information refers.

We are not responsible for the republishing of the content found on this blog on other Web sites or media without our permission.

The Site may allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload or otherwise submit content to our Site, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Site), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Site. This license continues even if you stop using the Site. Make sure you have the necessary rights to grant us this license for any content that you submit to our Site.

We make no commitment to update or correct any information that appears on the internet or on this world-wide web server.

Proprietary Rights; License Grant

All content available at the Site, including, without limitation, design, graphics, text, images, software and other files and the selection and arrangement thereof (collectively, “Content”), is owned by us and our licensors and protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights.

You agree that the right holders that license their content to us for access through the Site are intended third-party beneficiaries under this Agreement, and thereby possess the right to enforce the provisions of this Agreement that directly affect their intellectual property.  You understand that your use of Content is subject to the limited license described below.

You acknowledge that you do not acquire any ownership rights to any Content accessible at or through the Site.

The posting of Content at the Site by us does not constitute a waiver of any right in and to such Content. Edgify Me reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and we are not responsible for any such materials posted by users. However, we reserve 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 our sole discretion are objectionable or in violation of this Agreement, the our or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

As a visitor to or user of the Site, you are granted a non-exclusive and non-transferable limited license to access and use the Site (and its associated Content) strictly in accordance with this Agreement. We may terminate this license at any time for any reason, in our sole discretion.  You acknowledge and agree that the Site is for your personal, non-commercial use, only, and that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Site or any Content provided or obtained through the Site, including, but not limited to, any content, concepts, opinions, ideas, names, images and other information used with respect to or made available through the Site, except as expressly authorized in this Agreement.

No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.  You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, any Content or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

You may not permit any Content, used or obtained by you, to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, whatsoever.  You agree to advise us promptly of any such unauthorized use(s).  You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure.

We and our licensors reserve all rights not expressly granted to you in this Agreement.

Access to the Site

In order to use the Site, you must obtain access to the internet, either directly or through devices that access web-based content, and pay any service fees associated with such access.  In addition, you must provide all equipment necessary to make such connection to the internet, including a computer and modem, router or other access device.  Any equipment or software causing interference shall be immediately disconnected from the Site and we shall have the right to immediately terminate this Agreement.

If any upgrade in or to the Site requires changes in your equipment or software, you must effect these changes at your own expense.  You agree to follow and comply with any applicable laws, rules and regulations in your use of the Site.

Information You Provide

When asked for Personal Information (as defined in the Online Privacy Policy) on the Site, you agree to (a) provide true, accurate, current and complete information about yourself and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate information with us, including, but not limited to, your failure to receive critical information about the Site.

You are responsible for maintaining the confidentiality of any user ID, and are fully responsible for all activities that occur under your user ID that you may create while using the Site.

You agree to (a) immediately notify us of any unauthorized use of your user ID or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Privacy Policy

Use of the Site is subject to our current Online Privacy Policy, as it may be updated from time to time, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use information regarding your Site use and any and all other Personal Information provided by you in any manner consistent with our Online Privacy Policy.  For additional information regarding our collection and use of personal information, please refer to our Online Privacy Policy.

Third Party Links

Links on the Site to third party websites (including, but not limited to, any advertisements) are provided only as a convenience to you.  If you use these links, you may leave the Site.  We do not control or endorse any such advertiser or other third party websites, and your dealings with such third parties are solely between you and such third parties.

You agree that neither we nor any of its affiliated companies will be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser or other third party links on the Site, for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You acknowledge that you will use these links at your own risk.

Without limiting the foregoing, certain services and features offered through the Site may be provided by third parties outside of the Site.  While the Site provides a link to these services, we have no control over these services or the companies that provide them.  You understand and agree that we are not responsible in any way for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties.  Information you provide when you use such services is collected by such services (and not by us) and we do not control their use of such information.

We encourage you to review each third party website’s user terms and privacy policy before you use services provided by third parties.

Modifications, Interruptions or Discontinuation of the Site

We reserve the right at any time, and from time to time, to modify, suspend, discontinue or permanently cancel the Site, or portions thereof, with or without notice to you.

Without limiting the generality of the foregoing, we reserve the right to delete, add to or modify the Content for any reason at any time, and to delete (or block your access to) any portion of the Site in the event we reasonably determine that the Site, your use of the Site or any element used to create the Site, infringes on or violates, or could infringe on or violate, any third party right or any applicable laws or government regulations, without any notice or liability to you or to any third party.

We reserve the right at any time, in our sole discretion, to add new features and functionality to the Site, such as user forums, or remove previously available features and functionality.  Unless explicitly stated otherwise, any new features and functionality at the Site shall be subject to this Agreement.

We may, at any time, lose our licensing rights to make certain Content available through the Site.  In that event, you will no longer be able to obtain these pieces of Content.

Termination

You agree that we, in our sole discretion, may terminate your user ID, account (or any part thereof) or use of the Site, and remove and discard any user content within the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.

We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice to you.  You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site.  Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.

Indemnification

You agree to defend, indemnify and hold us, our subsidiaries and affiliates, and each of their respective officers, directors, employees, representatives and agents, harmless from any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or related to: (a) your use of the Site or (b) an allegation that you breached or violated an applicable law, rule, regulation or this Agreement.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(B) WE MAKE NO WARRANTY THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “PROTECTED ENTITY”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO FROM OR THROUGH THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO OR ARISING FROM THE SITE.

YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST ANY PROTECTED ENTITY IS TO DISCONTINUE USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Trademarks

The trademarks appearing on this Site are trademarks owned or licensed by us or used pursuant to the Fair Use Doctrine. Without our prior written authorization, you agree not to display or use the trademarks in any manner.

International Users

In the event that you reside outside of the United States, you agree to comply with all local rules regarding online conduct and acceptable user content.

Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Note that some features on the Site may be available solely to United States users, as determined in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others and require that users who use the Site do the same.

If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Laura Harari

Edgify Me LLC

1974 East 2nd Street

Brooklyn, New York 11223

Phone: 718-541-3911

Email:  laura@edgifyme.com

 

 

To be effective, the notice must include:

 

(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;

 

(b) A description of the copyrighted work that you claim has been infringed;

 

(c) A description of where the material that you claim is infringing is located on the Site (please be specific);

 

(d) Your address, telephone number, and email address;

 

(e) 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; and

 

(f) 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.

 

Miscellaneous

This Agreement shall be treated as though it were executed and performed in New York and shall be governed by and construed in accordance with the laws of the state of New York notwithstanding its conflict of law provisions.  Should a dispute arise concerning the Site or the terms of use set forth in this Agreement, you agree that the appropriate, convenient and exclusive venue for any and all dispute resolution shall be the court of appropriate jurisdiction in the state of New York.  To the extent permitted by applicable law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Site.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You agree that any unauthorized use of the Site would result in irreparable injury to us and our licensors for which money damages would be inadequate.

In such event we and our licensors, as applicable, shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you.  Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that we and our licensors may have under separate legal authority.

Should any part of this Agreement be held invalid or unenforceable by a competent court, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

No relationship other than that of a service provider and customer shall be created through operation of this Agreement.

Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and we may diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

Notices to you, if any, may be made via either e-mail or regular mail.

Any questions or comments regarding, or problems with, the Site or the Terms and Conditions should be sent to laura@edgifyme.com.

Effective as of:  February 4, 2013

Last Modified:  February 4, 2013

Edgify Me LLC, 1974 East 2nd Street, Brooklyn, NY 11223

© 2013 Edgify Me LLC.  All Rights Reserved.