TERMS OF USE

 

Effective August 8, 2013

 

Welcome to Mood of Living (the “Website”), owned and operated by Kate Moodie (“we” or “us”). Mood of Living is a lifestyle magazine and blog devoted to creative thinkers in pursuit of art, beauty, and quality of life. By using the Website, you agree to be bound by these Terms of Use. We may modify these Terms of use from time to time and such modification shall be effective upon being posted to the Website, and your continued use of the Website signals your agreement to be bound by any changes.

 

Term. These Terms of Use shall remain in full force and effect for the entire time you use the Website. You may terminate your membership at any time; we may terminate your membership at any time and for any reason. Should we terminate your account, you will be notified at the email address specified when you signed up for the Service. If your membership is terminated, the relevant provisions of these Terms of Use shall stay in effect.

 

Use of Website. This Website is intended for people at least 18 years of age, although those under 18 may use the Website with their parents’ permission. If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access the Website.

 

Accounts. The Website is available for all users without registering for an account. In the future, some features of the Website may only be available for registered users.

 

Passwords and Security. You agree that if you are issued a username and password in connection with your use of the Website, you are responsible for keeping such information secret and confidential. You agree to accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications and submissions. You are responsible for changing your password if you believe that your password or username has been lost, stolen or might otherwise be misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.

 

External Links. The Website may provide links to other websites that are not maintained or controlled by us (“Linked Sites”). The inclusion of any hyperlinks to Linked Sites does not imply our approval or endorsement of those Linked Sites, or content, products or services offered on those Linked Sites. We expressly disclaim any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall we be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.

 

Ownership and License. The Website and the information, computer code, and related functionality appearing, featured or otherwise displayed on the Website are owned by Kate Moodie, her affiliates, and their respective licensors or other third parties and protected under the copyright, trademark, and other laws of the United States and other countries and international treaty provisions. We grant you a limited, non-exclusive, non-transferable license to use the Website in accordance with these Terms of Use and the instructions provided by us on the Website. The material provided on the Website including, without limitation, the information, computer code, and related functionality, are for your personal, private, and non-commercial use only. Except as may be explicitly permitted by the Website, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Website, including anything you download from the Website, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to Kate Moodie and her affiliates. You may not remove, obscure or otherwise deface any proprietary notices appearing on the Website, or any content or information.

 

User Content. We may allow users to submit communications to the Website. You are solely responsible for any message or other information (collectively, “Content”) that you submit to the Website. You agree to use the Service in a manner consistent with all applicable laws and regulations. By submitting Content to the Website, you hereby grant us a non-exclusive, fully paid, worldwide license to use, display and perform such Content in whatever means we deem appropriate. We reserve the right to review and, if necessary, delete any Content that in our sole judgment of would violate these Terms of Use or which may be offensive, illegal or violate the rights of any other user. Prohibited Content includes Content that:

 

  1. is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or
  2. harasses or advocates harassment of any group or individual, or
  3. involves the transmission of junk mail, chain letters, or spam, or
  4. is known to be false or misleading, or promotes illegal activities, or
  5. promotes an illegal or unauthorized copy of another’s copyrighted work, or
  6. contains restricted or password-only access pages or hidden pages or images, or
  7. provides material that is sexual in nature, or
  8. provides instructional information about illegal activities, or
  9. solicits passwords or personal identifying information for commercial or unlawful purposes.

 

Disclaimer of Warranties. KATE MOODIE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.

 

Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification. You agree to indemnify and hold harmless Kate Moodie, its subsidiaries, affiliates, officers, agents, representatives, employees and other partners, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website.

 

Disputes. You agree that any dispute shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions, and you agree to personal jurisdiction and venue in the state and federal courts located in New York County, New York.

 

Privacy Policy. Your use of the Website is also governed by our Privacy Policy, available here.

 

Miscellaneous. These terms constitute the entire agreement between you and Kate Moodie regarding use of the Website, unless your membership subjects you to additional terms. The failure of Kate Moodie to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Should any competent court determine that any provision of these Terms of Use are unenforceable as written, then said provision shall be deemed to have been rewritten in accordance with the law; if that is not possible, then that provision shall be deemed to have been stricken from the Terms of Use, and all other provisions remain in full force and effect. If you do not agree to these Terms of Use, please stop using this Website immediately.