Home Page » Corporate » Terms of Use

Terms of Use

Last Updated November 18, 2013

The following terms of use agreement (the “Terms of Use”) governs your access to and use of websites provided by Martha Stewart Living Omnimedia, Inc. ("MSO," "us," "our," or "we") and our related sites, applications, services, and/or tools, whether accessed via Internet, mobile, or other device or through applications and sites affiliated with MSO products (collectively, the “Online Services”). By using the Online Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Online Services.

General

We reserve the right to change these Terms of Use from time to time, without actual notice to you, by posting a revised Terms of Use on this website. You can determine when the Terms of Use were last revised by referring to the "Last Updated" legend at the top of this page. We encourage you to review these Terms of Use on a regular basis to stay informed about any changes to the Terms of Use. By continuing to use the Online Services following changes, you are agreeing to be bound by the changes.

Your use of certain Online Services may be governed by additional terms, guidelines, or rules, which will be posted on the applicable Online Service. All such applicable terms, guidelines, or rules are incorporated by reference into these Terms of Use. To the extent those additional terms, guidelines, or rules conflict with these Terms of Use, they will govern.

We may change, suspend, or discontinue any aspect of the Online Services at any time, including the availability of any feature, database, or content. We may also impose limits or charge fees on certain features and services or restrict your access to parts or all of the Online Services without notice or liability.

While we try to maintain the integrity and security of our Online Services and the servers from which our Online Services are operated, we cannot guarantee absolute security, completeness, or correctness, or that access to our Online Services will be uninterrupted. Our Online Services may include inaccuracies, errors, and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to our Online Services. If you become aware of any unauthorized third party alteration to our Online Services, please contact us with a description of the material(s) at issue and the URL or location on our Online Services where such material(s) appear.

Member Sign In

In order to better access and use our Online Services, we encourage you to become a member of our websites (a "Member"). If and when you decide to become a Member, you agree to (1) provide accurate, current, and complete information about yourself; (2) maintain and update your information to keep it accurate, current, and complete; and (3) comply with the Terms of Use. You may review, correct, change, or update your membership information by visiting the “Account Settings” section of our website, or by contacting our customer support. If any information provided by you is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your membership and/or access to our Online Services.

Registration with the Online Services is required in order to access certain interactive services. Your registration information will be handled by us in accordance with our Privacy Policy, which you should review prior to registering with us.

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 MSO, its parents, affiliates, subsidiaries, operational providers, and partners harmless for any improper or illegal use of your password.

You may delete your profile entirely by contacting us. If your email address is canceled or becomes inactive or inaccessible for an extended period of time, we may cancel your membership and delete all or part of your membership profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in any or all of the Online Services if you violate any provision of these Terms of Use or our Privacy Policy.

Interactive Services

We welcome you to visit and participate in any of the interactive services offered through the Online Services ("Interactive Services"). Interactive Services include, but are not limited to, creating a user profile, commenting, rating, personalizing URLs, and participating in Q&A Hours. We value your participation in Interactive Services and ask you to please help us maintain a friendly, safe, and informative environment by abiding by our Terms of Use, as well as any rules and guidelines applicable to a particular Interactive Service.

Interactive Services may contain information provided by our staff, special guest experts, or by contributors and users not connected with us, some of whom may use anonymous screen names. We may not monitor or control the content posted via the Interactive Services. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Interactive Services or endorse any opinions expressed via the Interactive Services. If you choose to use or rely on any information or materials contained in the Interactive Services and/or the Online Services, MSO will not be responsible or liable for any loss or damage caused by your use or reliance.

You understand that by using the Interactive Services and by making personal information available on our Online Services, your information may be recorded and stored in multiple places, including on our websites and the internet generally. By disclosing personal information, you may also receive “spam” or unsolicited emails. We encourage you to use discretion when using our Interactive Services, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information through our Interactive Services. Under no circumstances will MSO be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Interactive Services or broadcast elsewhere.

User Conduct

Our Online Services are intended for your personal, non-commercial use only. Below are the guidelines for using our Online Services. You must comply with these guidelines, as well as any other rules or guidelines posted on our websites.

You agree not to post or transmit any material or content on or through the Online Services:

  • that violates or infringes in any way upon the rights of others;
  • that solicits, encourages, or promotes the use of illegal substances or activities;
  • which is misleading, malicious, or discriminatory;
  • that is hate speech, threatening, or pornographic, or that is otherwise objectionable;
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that is false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch,” or impersonation of any person or entity; or
  • that expresses or implies that any statements you make are endorsed by us, without our prior written consent.

In addition, in connection with your use of the Online Services, you may not:

  • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Online Services;
  • post or transmit advertising or commercial solicitations; political campaign materials; chain letters; mass mailings; or “spam” mail;
  • post or transmit promotional materials relating to other websites or online services which are competitive with us and/or the Online Services;
  • post or transmit software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful, damaging, or disruptive component;
  • collect users’ content or information, or otherwise access the Online Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
  • post or transmit any material, non-public information about a company without the proper authorization to do so;
  • engage in, encourage, or provide instructional materials relating to, any activity on the Online Services that restricts or inhibits any other user from using or enjoying the Online Services, such as "hacking," "cracking," "spoofing," or defacing any portion of the Online Services;
  • bully, harass, or intimidate any user; or
  • remove any copyright, trademark, or other proprietary rights notice from the Online Services or materials originating from the Online Services.

These lists are non-exhaustive. Other conduct may violate these Terms of Use, our Privacy Policy, or applicable laws, so we advise you to be cautious and aware of how you use, and your conduct on, our Online Services.

Monitoring; Removal of Content

We have the right, but not the obligation, to monitor the content and use of our Online Services, including Interactive Services, to determine compliance with these Terms of Use and any other operating rules established by us, or for any other reason or purpose.

We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Online Services, for any reason, including if we find such material to be in violation of these Terms of Use or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Online Services properly; to protect ourselves, our sponsors, and our Members and visitors; to comply with legal obligations or governmental requests; or for any other reason or purpose.

Submissions

Unless specifically requested, we do not solicit any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials (the “Submitted Materials”) for use in our publications, other media, or businesses. We are not responsible for the similarity of any of our content or programming to Submitted Materials sent to us via the Online Services or any other forms of communication, such as mail or e-mail. Should you send any unsolicited materials or ideas, MSO is not required to provide you with any form of compensation and you waive any claim against MSO or our affiliates regarding the use, including promotional and commercial, of any Submitted Materials. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

Sweepstakes and Contests

From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles, promotions, and games either on or through our Online Services (collectively, the “Contests”). In order to participate in a Contest, you agree to release MSO and its agents, advertisers, sponsors, or promotional partners, from any and all liability arising from participation in any Contest located on, or accessed through, the Online Services. MSO is not responsible for technical, hardware, or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled, or delayed computer transmissions which may limit your ability to participate in any Contest.

Further, you agree to be bound by the rules of any Contest and by the rules of fair play and consideration of fellow participants. A participant who violates any of the rules or guidelines for behavior published on the Online Service, or the website where the Contest is conducted, is subject to immediate disqualification and revocation of his or her entry. MSO is under no obligation to award any prize to any participant who violates a published rule or guideline.

Some Contests may offer prizes to participants. All prizes are subject to the official game or contest rules published with that Contest. We encourage you to read those rules, as well as to review our Privacy Policy, which governs how we use any information you submit in connection with a Contest.

MSO reserves the right to cancel, terminate, or alter any Contest or the rules thereof at any time without prior notification.

Specific rules regarding sweepstakes and contests offered by Martha Stewart Living Radio may be found here.

Copyright

Copyright 2001-2013 Martha Stewart Living Omnimedia, Inc. All rights reserved.

The Online Services contain copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Site Content"). The Online Services are protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. MSO and third party content providers also own copyrights in the original content on the Online Services. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content. Subject to your compliance with the Terms of Use, you may download or copy one (1) copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree not to download, copy, or use Site Content for uses other than your personal, noncommercial use without express prior, written consent from us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

Trademarks

"Martha," "Martha Stewart," "Martha Stewart Living," "Martha Stewart Weddings," "marthastewart.com," "Martha Stewart Everyday," "Martha Stewart Collection," "Martha Stewart Pets," "Whatever, Martha!," "Good Things," "AskMartha," "Blueprint," "Everyday Food," "Body + Soul," "Whole Living," "wholeliving.com," "Emeril" "Emeril's" and "BAM!" are trademarks and/or service marks of MSO and/or its subsidiaries. Other marks, graphics, typefaces, trade names and logos appearing on the Online Services are trademarks, service marks, or trade dress of either MSO or other third parties. All other trademarks appearing on the Online Services, other than trademarks and/or services of MSO and/or its subsidiaries, are the property of their respective owners. Nothing contained on the Online Services creates a license or right to use any of MSO's trademarks, service marks, or trade dress. Our trademarks, service marks, and trade dress may not be used in any manner or for any purpose, without our express written consent.

Patent Notice

Certain processes operable on our Online Services and/or functionalities of our Online Services may be covered by one or more patents, including U.S. Patent Nos. 5,937,402; 5,522,077; and 6,101,502. Infringement of these patents can result in an action against you by the patent owners.

Copyright Infringement Claims

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), if you believe in good faith that any material or content posted on our Online Services infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.

Notices or counter-notices should include the following information and be sent to the Copyright Agent named below:

  • Your address, telephone number, and email address;
  • A description of the material that you claim has been infringed;
  • A description of where the allegedly infringing material is located on our Online Services;
  • 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 a person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent
Martha Stewart Living Omnimedia, Inc.
601 West 26th Street, 9th Floor - Legal Department
New York, NY 10001
Phone: (212) 827-8000
Fax: (212) 827-8188
E-mail: copyright@marthastewart.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.

If we receive more than one notice of copyright infringement concerning a user of our Online Services, that user may be deemed a “repeat copyright infringer” and we reserve the right to terminate the account of a repeat copyright infringer.

License

Please note that, because we host Interactive Services and other forums on our Online Services and, therefore, redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant us a royalty-free, worldwide, perpetual, sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display, and otherwise exploit in any manner any content or material posted on our Online Services (in whole or in part) (collectively, the "Material"), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to our Online Services you represent and warrant that (1) you have all rights necessary to grant the licenses granted hereunder, (2) the Material is not subject to any obligations, whether of confidentiality, attribution, or otherwise, and we shall not be liable for any use or disclosure of any Material, and (3) your submission of the Material to and through our Online Services complies with all applicable laws, rules, and regulations. You also hereby waive any "moral rights" (including rights to attribution) that you may have in the Material.

Third Party Sites

You may be able to link from our Online Services to third party websites, services, and advertisements, and third party websites may link to our Online Services (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and are not under the control of MSO. 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. The inclusion of links to Linked Sites does not imply endorsement, sponsorship, or recommendation by us of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. MSO disclaims any liability for links (1) to our Online Services from another website and (2) to another website from our Online Services. MSO cannot guarantee the standards of any website to which links are provided on our Online Services 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 website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting for such reliance. Please review our Privacy Policy for more information.

Third Party Vendors

Certain Online Services contain services and content supplied by third party vendors. We are not responsible or liable for any information or materials provided by these third parties. Additionally, we may provide these third party vendors with access to your membership information. We are not responsible or liable for a third party vendor’s use of your information or for any interactions you may have with a third party vendor. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any services or content provided by third party vendors.

Please note that certain third party vendors maintain information regarding your subscription to certain of our publications. By opting out of subscription emails, you have not necessarily opted out of any or all emails from third parties we use. We are not responsible for any contact you may continue to receive from these third parties. Additionally, we may continue to contact you for the purpose of informing you of changes or additions to our services.

Purchases and Product Descriptions

The following terms and conditions apply to your purchase of any product through our Online Services (please note that to the extent that your purchase is carried out on a Linked Site, your purchase will be subject to the terms and conditions of use applicable to such Linked Site):

If you wish to purchase any product made available through our Online Services, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. This information will be treated by MSO in accordance with our Privacy Policy. By submitting such information, you grant MSO the right to provide such information to third parties for purposes of facilitating the completion of your purchases. Verification of information may be required prior to the acknowledgment or completion of any purchase.

We do not guarantee that product descriptions or other content on our Online Services will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on our Online Services do not imply our or any of our affiliates' endorsement of such products. We reserve the right, with or without prior notice, to (1) change such descriptions, images, and references; (2) limit the available quantity of any product; (3) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; (4) bar any user from conducting any or all transaction(s); and/or (4) refuse to provide any user with any product. Price and availability of any product offered through our Online Services are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through our Online Services, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases. Your sole remedy for the purchase of any product from MSO through our Online Services is to return it for a full or partial refund as set forth in the shipping contract governing the purchase.

Crafts and Designs

We are happy to provide our Online Services Members and visitors with numerous craft projects that are easy and fun to do at home. While we want you to enjoy our crafts and the different designs we offer, there are some restrictions on how they made be used. Our designs are copyrighted and, thus, any unapproved use of our designs can constitute an infringement of our copyright and is actionable in a court of law. Please follow the below rules when performing crafts using one of the many designs we offer.

There are no restrictions on personal use of our designs. A personal use is one that will not later be distributed to others in return for some sort of consideration, including monetary compensation.

We grant a non-exclusive, royalty-free license to reproduce our designs and distribute any products incorporating our designs for a limited, commercial use. Any products incorporating our design must be distributed in a localized area and not more than 1,000 units may be sold or distributed. Under this section of these Terms of Use, a localized area is an area within a 100 mile radius of the place of production. Online sale of products incorporating our designs is not covered by this license, unless sale is limited to customers that are located within the localized area.

For any nationwide or worldwide uses of our designs, or any use not covered by the above non-exclusive, royalty-free license, permission to reproduce our designs and distribute any products incorporating our designs must be granted by us directly. Please contact us and thoroughly describe your planned use of our design, including the design you plan on using, the type of project you plan to use it on, the area in which you plan on selling or distributing the product incorporating our design, and the quantity you plan on distributing.

Notwithstanding the foregoing, our designs may not be used for the purpose of creating logos or trademarks.

Any individual who reproduces our designs and/or distributes products incorporating our designs assumes all liability for the suitability of his or her work and agrees to indemnify MSO and its employees from any disputes that arise from his or her use of our designs.

If you have any questions or are unsure if your use of our design is covered under this section of these Terms of Use, please contact us.

Permissions

If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to the address below or contact us:

Martha Stewart Living Omnimedia, Inc.
601 West 26th Street
New York, NY 10001
Attn: Permissions Department
You may fax your request to: (212) 827-8180

Disclaimer of Warranty; Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW), ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE ONLINE SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT MSO, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE ONLINE SERVICES AT THE INVITATION OF MSO, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE ONLINE SERVICES OR THE INFORMATION SET FORTH THEREIN; (B) YOUR BREACH OF ANY WARRANTY OR CONTRACT; AND (C) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE ONLINE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF MSO OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MSO NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE SERVICES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE ONLINE SERVICES BY ANYONE.
PLEASE SEEK THE ADVICE OF PROGESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.

PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN OUR ONLINE SERVICES SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE ONLINE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DOCUMENTS, AND OTHERWISE ON OUR ONLINE SERVICES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA OUR ONLINE SERVICES ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.

Indemnification

You agree to defend, indemnify, and hold harmless MSO, its affiliates, and its third party service providers, and each of their respective controlling shareholders, directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with our Online Services or information provided therein (including any third party services); and/or (c) communications and disputes between you and any other users or third parties (including any third party provider or third party vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Online Services, or (3) any content available through the Online Services or any change therein, is to stop visiting and using the Online Services. We may terminate your use of the Online Services, including your membership in the Online Services, at any time, in our sole discretion, without notice or liability. We shall not be required to make any information or files available to you after any termination. The following sections will survive any termination of the Terms of Use: “Interactive Services,” "Submissions," "Copyright," "Trademarks," "License," "Third Party Sites," "Disclaimer of Warranty; Limitation of Liability," "Indemnification," "Termination," and "Miscellaneous."

Privacy

Please review our Privacy Policy for information on our website security measures and the protection of your personal information.

Miscellaneous

These Terms of Use, our Privacy Policy, and any other operating rules for the Online Services established by us constitute the entire understanding between you and us with respect to the use of the Online Services. We control and operate our Online Services from our offices in the United States of America. We do not represent that materials on the Online Services are appropriate or available for use in other locations. If you choose to access our Online Services from other locations, you do so at your own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use our Online Services are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Online Services’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time, and in our sole discretion.

These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in New York County, New York State, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. If any provision of these Terms of Use is found to be unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Linking To Our Online Services

If you are interested in linking to our Online Services from your website, please contact us. We may approve or deny your request in our sole discretion.

Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following websites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). MSO does not endorse any of the products or services listed at such sites.

Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding our Online Services, please contact us. You may also contact us by calling us at 1-800-950-0019 (U.S. and Canada toll-free). California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.