FHMOnline.com
TERMS AND CONDITIONS OF USE
Introduction
The use of this website is governed by the policies, terms and conditions set forth below ("Terms and Conditions of Use"). Please read them carefully. Your use of this website or submittal of any information to FHMonline.com indicates your acceptance of these Terms and Conditions of Use. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE OR SUBMIT ANY INFORMATION TO FHMonline.com. FHMonline.com reserves the right to make changes to this website and these Terms and Conditions of Use at any time.
Copyright and Trademark Notices
Bauer Consumer Media or its third party licensors hold the copyrights to all contents of this website except where noted otherwise and you may not reproduce, post on any other website, modify, distribute or transmit any portion of this website without Bauer Consumer Media’s prior express written consent. Any name, logo, trademark or service mark contained on this website is owned or licensed by Bauer Consumer Media and may not be used by you without the prior written consent of Bauer Consumer Media. Other products and company names mentioned herein may be the trademarks or trade names of their respective owners.
Disclaimer of Warranties
THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FHMONLINE.COM MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME. THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FHMONLINE.COM DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FHMONLINE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FHMONLINE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
FHMonline.com is not be liable for:
• the contents of any communication, message, or information provided to FHMonline.com by you or other third parties;
• the contents of any website not controlled, owned, or operated by FHMonline.com that is accessed from or linked to this website by direct or indirect means;
• any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
• any direct, indirect, punitive, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use this website, even if FHMonline.com has been advised of the possibility of such damages. If certain states do not allow the limitation of liability for consequential or incidental damages, the above may not apply to you.
Indemnification
You agree to indemnify and hold Bauer Consumer Media and its parents, subsidiaries, affiliates, directors, officers, shareholders, employees, successors, assigns, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of this website and (b) any alleged breach or breach of these Terms and Conditions of Use.
Limited License
This website is for your personal and noncommercial use. Any unauthorized use of the content of this website may subject you to civil or criminal penalties. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained on FHMonline.com. You are granted a non-exclusive, non-assignable and non-transferable limited license to use this website only in accordance with these Terms and Conditions of Use.
This limited license is not a sale of any of the owner's rights. The FHMonline.com website may be used only by you, and you may not rent, lend, sub-license or transfer the website or any data residing on it or any of your rights under these Terms and Conditions of Use to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of the website. You may not transfer to or store any data residing or exchanged over the website in any electronic network for use by more than one user unless you obtain prior written permission from FHMonline.com.
You agree that you will not launch or attempt to launch any denial of service attacks or engage in any other activities that disrupt or interfere with FHMonline.com or the ability of others to use FHMonline.com. In addition, any contest or sweepstakes entries, votes in competitions or other user submitted feedback or input generated via macros, programs or any other automated means are expressly prohibited.
No Confidentiality
Any material or communication transmitted by you to this website will not be treated as confidential. Any ideas, concepts, or other materials transmitted by you to FHMonline.com may be used by Bauer Consumer Media in any manner, including reproduction, transmission, publication or broadcast without compensation.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
FHMonline.com respects the intellectual property of others, and we ask our users to do the same. FHMonline.com may, in appropriate circumstances and at its sole discretion, remove material from the website and disable and/or terminate accounts of or access by users who may be infringing the intellectual property rights of others.
FHMonline.com abides by the United States Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged copyright infringement that comply with the notice requirements of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FHMonline.com’s Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the website;
4. your address, telephone number, and email address;
5. 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
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
FHMonline.com’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
FHMonline.com
1461 First Avenue #363, New York, NY 10075-2201
By phone: (646) 596-9577
By fax: (619) 374-7470
By email: copyright@FHMonline.com
It is the policy of FHMonline.com to terminate the accounts of website users who are repeat infringers.
Prohibited Content
You may not post or transmit to this website any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening or otherwise objectionable text, files, images, photos, video, sounds, musical works, works of authorship, code, applications or any other material (collectively, "Content").
Website Posting
You are solely responsible for your postings, the Content you post on or through FHMonline.com and for any material or information you transmit to any FHMonline.com user. You represent and warrant that: (a) you own all Content posted by you on or through the website or otherwise have the right to grant a fully-paid and royalty-free license for the use of such Content, and (b) the posting of your Content on or through the website does not and will not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, costs, expenses and any other monies owing any person or entity by reason of any Content posted by you on or through the website. FHMonline.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the website at any time, for any or no reason, with or without prior notice or explanation, and without liability. FHMonline.com may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of FHMonline.com violates these Terms and Conditions of Use or which may be illegal, offensive or which violates the rights of any person or entity or harms or threatens the safety of any person or entity. FHMonline.com assumes no responsibility for monitoring FHMonline.com for inappropriate Content posted by users or for user conduct. If at any time FHMonline.com chooses, in its sole discretion, to monitor the user area of the website, FHMonline.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
Law
This website is operated by Bauer Consumer Media and has been designed to comply with United States law. Bauer Consumer Media makes no representation that the content of this website is appropriate for locations outside the United States. If you access this website from locations outside the United States, you are responsible for complying with all applicable local laws to the extent local laws are applicable.
These Terms and Conditions of Use and any dispute of any sort that may arise between you and Bauer Consumer Media or any related entity shall be governed by the laws of the State of New York, without regard to principles of conflict of laws, and you agree that exclusive jurisdiction and venue for any dispute shall be in the courts of the State of New York. Use of this website is unauthorized in any jurisdiction that does not give full force and effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph.
Remedies
Given the nature of these Terms and Conditions of Use, you understand and agree that, in addition to money damages, Bauer Consumer Media will be entitled to equitable relief upon a breach of them by you.
Statute of Limitations
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 this website or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
Waiver
No waiver by FHMonline.com shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival of Provisions
Each provision of these Terms and Conditions of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions of Use shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court.
Entire Agreement
These Terms and Conditions of Use constitute the entire agreement between FHMonline.com and you. FHMonline.com may modify these Terms and Conditions of Use from time to time and such modification shall be effective upon posting by FHMonline.com on FHMonline.com. Your continued use of FHMonline.com after FHMonline.com posts revised Terms and Conditions of Use signifies your acceptance of the revised Terms and Conditions. You should therefore review these Terms and Conditions of Use regularly to ensure you are updated as to any modifications.
Contact Information
If you have any questions concerning this website or its policies, please contact us by emailing onlineeditors@FHMonline.com.
UPDATED: 7/7/08