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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. |