Terms and Conditions
 
 

Please read this Agreement carefully before accessing or using the Service. It is understood that upon submission of the registration form, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use this Service. Red Head Media, LLC dba Houston Family Magazine may at anytime modify this Agreement, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.

1. Use of the Service.

You understand that, except for information, products or services clearly identified as being supplied by Houston Family Magazine, Houston Family Magazine does not in any way operate, control or endorse any information, products or services on the Internet. Except for Houston Family Magazine`s identified information, products or services, all other information, products and services offered through the Website or on the Internet generally are offered by third parties.

You understand that Houston Family Magazine cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data. You therefore assume total responsibility and risk for your use of the Service and the Internet.

You understand that the website contains materials which may be offensive to you. You further understand that you may access such materials at your own risk.

Houston Family Magazine does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the website, any merchandise, information or service provided through the website generally, and Houston Family Magazine shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website.

In no event shall Houston Family Magazine be liable for:


i. any and all damages including but not limited to, direct, indirect, incidental or consequential damages arising out of the use of or inability to use the website or any information, or transactions provided on the website or downloaded or hyper-linked from or to the website even if Houston Family Magazine or its representatives have been advised of the possibility of such malfunction/breakdown of the service or
ii. any claim attributable to errors, omissions, or other inaccuracies in the website and/or materials or information downloaded through or hyper-linked from the website.

2. Indemnification.

You agree to indemnify, defend and hold harmless Houston Family Magazine, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorneys` fees, resulting from any violation of this Agreement by you.

Notwithstanding the following, you hold Houston Family Magazine free and harmless from suit or action arising from improper use of data, unauthorized intrusion into the site and unlawful exposure of data.

3. Third Party Rights.

The provisions of paragraphs 1 (Use of the website), and 2 (Indemnification) are for the benefit of Houston Family Magazine and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

4. Accuracy of Published Web Content Information.

You understand that it is your sole responsibility to evaluate the accuracy, completeness and usefulness of any opinion, advice, services or other information provided. The information on this Web Site may be changed or updated without notice.  Houston Family Magazine may also make improvements and/or changes in the products, services and/or programs described on this Web Site at any time without notice.

Information provided on this Web Site is believed to be reliable when posted. However, Houston Family Magazine cannot guarantee that information will be accurate, complete and current at all times. All information in this Web Site is subject to modification from time to time without notice. Every time you access this Web Site, make sure that you check this page.

Houston Family Magazine has used its discretion, best judgment and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available herein, but any such information, document or other item is provided or available without any warranty of any kind, either express or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.

5. Copyright.

All site design, text, graphics, interfaces, and the selection and arrangements thereof are (c) 2008, Houston Family Magazine. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of viewing/paying Houston Family Magazine bills. Any other use of materials on this Web Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of Houston Family Magazine is strictly prohibited.

6. Trademarks.

All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to Houston Family Magazine or other respective owners that have granted Houston Family Magazine the right and license to use such Marks.

7. Disclaimer.

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOUSTON FAMILY MAGAZINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, HOUSTON FAMILY MAGAZINE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.

8. Member Conduct.

As a condition of your use of the Web Site, you warrant to Houston Family Magazine that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorized commercial use of the Web Site is expressly prohibited without prior written consent. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Web Site. By way of example, and not as a limitation, you agree not to:

  • Use the Web Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
  • Advertise or offer to sell or buy any goods or services for any non-personal purpose.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a member any directory of the Web Site members or other user or usage information or any portion thereof other than in the context of your use of the Web Site as permitted under the TOS.
  • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
  • Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • Interfere with or disrupt networks connected to the Web Site or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the Web Site, other accounts, computer systems or networks connected to a server, through password mining or any other means.
  • Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
  • Interfere with another member`s use and enjoyment of the Web Site or another individual`s or entity`s use and enjoyment of similar services.

9. Member Obligations.

You understand that while the Reader Rewards Service has various internal security measures designed to protect its users, you hereby obligate yourself to use the following precautions when using the Service, to further minimize the probability of hacking, fraudulence or any unauthorized transactions:

  • You shall use your assigned nickname or code every time you use your credit card when transacting on the Service;
  • You shall not reveal to other people any information that should only be known by you (Phone number, account and credit card information, etc) to ensure that access to Houston Family Magazine`s database and delivery of requested service shall be provided to the owner of the account enrolled;
  • You shall log off after using the Service to prevent unauthorized access to your account; and
  • You shall clear the history and cache of your web browser.

10. Contest Rules.

Houston Family Magazine shall choose the winners from all entrants who have submitted an entry prior to the end of the Deadline and who meet eligibility requirements. Winners shall be chosen by Houston Family Magazine at its sole discretion. The decision of Houston Family Magazine is final. Anyone who has won a prize within the last 90 days is not eligible. Prizewinners will be notified by e-mail, phone, or usps within fourteen (14) days thereafter. To claim a prize, winners should follow the instructions contained in their notification. Houston Family Magazine expressly reserves the right to utilize the entries, or not to utilize the entries, in whole or in part, in its sole and absolute discretion. All coloring or drawing submissions received as part of any Contest become the sole property of Houston Family Magazine.

11. Release/Houston Family Magazine Ownership of Entries.

In consideration for the right to enter the Contest, you hereby give Houston Family Magazine permission to utilize your name, picture, portrait, likeness, or any or all of them, in any advertising or promotional campaigns related to Houston Family Magazine's business as Houston Family Magazine chooses without additional compensation from Houston Family Magazine. Additionally, All entries and materials submitted to Houston Family Magazine in connection with any Contest (collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, become the property of Houston Family Magazine upon submission, and Entry Materials will not be returned to any entrant. Without limiting the generality of the foregoing, you acknowledge that Houston Family Magazine will own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and noncommercially exploit the Entry Materials in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to you or any other person or entity. You agree to take, at Houston Family Magazine's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Houston Family Magazine to effect, perfect or confirm Houston Family Magazine's ownership rights as set forth above in this paragraph 11.

12. Original Work of Authorship.

You hereby warrant and represent that (a) you own all rights to any Entry Materials submitted by you; and (b) all such Entry Materials are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.

13. Collection of Information.

The Entry Materials may include a survey that requires you to enter your name, age, address, e-mail address, phone number, and state of residence. This information will only be used to contact you in the event that you are chosen to receive a prize. Houston Family Magazine will not sell, rent or otherwise transfer this information to any third party, nor will Houston Family Magazine use this information for marketing purposes without your consent. As stated, in the event that you are under the age of thirteen (13) years and submit winning Entry Materials to Houston Family Magazine, Houston Family Magazine will require parental or legal guardian consent before the prize is distributed.

14. General Release.

By entering the Contest, you release Houston Family Magazine, participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

15. Affidavit & Release.

As a condition of being awarded any prize, winners under the age of thirteen (13) will be required to have a parent or legal guardian execute and deliver to Houston Family Magazine a signed Affidavit of Eligibility, which includes an acceptance of TOS and a release of liability.

16. Miscellaneous.

All Contests and these Terms and Conditions will be governed, construed and interpreted under the laws of the United States. Contest Entrants agree to be bound by the Official Rules and by the decisions of Houston Family Magazine, which are final and binding in all respects. Houston Family Magazine reserves the right to change the Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Houston Family Magazine's control affect the administration, security or proper play of the Contest or Houston Family Magazine otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Houston Family Magazine, the Contest or any other entrant (in each case as determined in Houston Family Magazine's sole discretion) are subject to disqualification from entry into the Contest. Houston Family Magazine reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. If you have any questions about these Official Rules or the Contest, please e-mail them to contests@HoustonFamilyMagazine.com or send written questions to Houston Family Magazine: 5131 Braesvalley, Houston, TX 77096.

 
 
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