Last Updated November 18, 2013
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.
Member Sign In
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.
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.
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.
Monitoring; Removal of Content
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.
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 2001-2013 Martha Stewart Living Omnimedia, Inc. All rights reserved.
"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.
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.
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
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.
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
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):
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.
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 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.
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.
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.