1. You should assume that the Content and everything you see or read on the SGM Sites is protected by copyright or other rights of intellectual property unless otherwise noted and may not be used except as provided in these TOU or the Content without the written permission of Simply Good Media. Simply Good Media neither warrants nor represents that your use of the Content will not infringe rights of third parties not owned by or affiliated with Simpy Good Media. You may download Content displayed on the SGM Sites for non-commercial, personal use only, provided you also maintain all copyright, trademark, and other proprietary notices contained in the Content. Apart from the foregoing, reproduction, republication or distribution of any Content is strictly prohibited. You may not distribute, modify, transmit, re-use, re-post, or use the Content for public or commercial purposes without Simpy Good Media’s written permission.
2. While Simply Good Media uses reasonable efforts to include accurate and up to date Content, your use of and browsing on the SGM Sites is at your own risk. Simply Good Media makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the Content. Neither Simply Good Media nor any other party involved in creating, producing, or delivering the SGM Sites or Content thereupon are liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the SGM Sites. Simply Good Media, also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the SGM Sites or your downloading of any Content. Without limiting the foregoing, everything on the SGM Sites is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SGM SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Simply Good Media AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SGM SITES AT ANY TIME. ADVICE RECEIVED VIA THE SGM SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
3. If you are dissatisfied with the SGM Sites or these TOU, your sole and only remedy is to immediately discontinue use of the SGM Sites.
4. Any communication or material you transmit to the SGM Sites by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Simply Good Media or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Simply Good Media is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the SGM Sites for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Simply Good Media does not claim ownership of the materials you provide to Simply Good Media (including feedback and suggestions) or post, upload, input or submit (collectively “Submissions”) to any SGM Site or its associated services. However, by posting, uploading, inputting, providing or submitting your Submission you are granting Simply Good Media, its affiliated companies and necessary sub-licenses permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Simply Good Media is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Simply Good Media’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
5. Images of people or places displayed on the SGM Sites are either the property of, or used with permission by, Simply Good Media. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these TOU or specific permission provided elsewhere on the SGM Sites. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the SGM Sites, including: TBF Group, LLC, the fashionista diaries, fashionista diary, ProjectBlog.thebudgetfashionista.com, Project Blog, The Budget Casa, The Budget Ecoist, SeeJackShop.com, See Jack Shop, TheBudgetFashionista.com, fashionistadiaries.com and fashiondiary.com are protected Trademarks and are the exclusive property of Simply Good Media and others. Nothing contained on the SGM Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the SGM Sites without the written permission of Simply Good Media or such third party that may own the Trademarks displayed on the SGM Sites. Your misuse of the Trademarks displayed on the SGM Sites, or any other content on the SGM Sites, except as provided in these TOU, is strictly prohibited. You are also advised that Simply Good Media will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Without Simply Good Media’s prior permission, you agree not to display or use in any manner the Trademarks.
7. Simply Good Media has provided links to internet sites maintained by third parties, over which Simply Good Media has no control. Simply Good Media does not endorse the content, operators, products or services of such sites, and Simply Good Media is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Simply Good Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such content, products or services available on or through such sites.
8. SGM Sites may contain bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
(i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(ii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
(iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
(iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or otherwise restrict or inhibit any other user from using and enjoying the Communication Services;
(v) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
(vi) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(vii) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(viii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original source of software or other material contained in a file that is uploaded;
(ix) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
(x) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Simply Good Media will fully cooperate with any law enforcement authorities or court order requesting or directing Simply Good Media to disclose the identity of anyone posting any such information or materials.
9. Simply Good Media does not control or endorse the content, messages or information found in any Communication Service. Although SGM may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, Content and the like on the SGM Sites, neither Simply Good Media nor any of its employees have an obligation to do so and each assumes no responsibility or liability arising from any such discussions, chats, postings, transmissions, bulletin boards, Content and the like, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the SGM Sites. The Simply Good Media reserves the right to remove any materials in its sole discretion. Simply Good Media reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
10. As a condition of your use of the SGM Sites, you warrant to Simply Good Media that you will not use the SGM Sites or any Communication Service for any purpose that is unlawful or prohibited by these TOU. You may not use the SGM Sites or any Communication Service in any manner which could damage, disable, overburden, or impair the SGM Sites or interfere with any other party’s use and enjoyment of the SGM Sites or Communication Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for on or through the SGM Sites.
11. Software from SGM Sites is further subject to United States Export Controls. No software from SGM Sites may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. You agree to indemnify and hold TBF Gorup, LLC, Simply Good Media and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Submissions you submit, post, transmit or otherwise make available on the SGM Sites, your use of the SGM Sites, your connection to the SGM Sites, your violation of the TOU, or your violation of any rights of another.
13. Simpy Good Media may at any time revise these TOU by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current TOU to which you are bound.
14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SGM Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Simply Good Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SGM Sites.
15. The SGM Sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Simply Good Media has no control over such sites and resources, you acknowledge and agree that Simply Good Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Simply Good Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
(i) You understand that sections of this site may contain advertisements, sponsored posts, sponsored contest, in text links, affiliate links, and other types content and text based advertisements.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
TBF Group, LLC respects the intellectual property of others, and we ask our users to do the same. 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 Simply Good Media the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the SGM Sites;
(iv) Your address, telephone number, and email address;
(v) 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;
(vi) A statement by you, made under penalty of perjury, that the 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.
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