Last Updated: February 7, 2011
This Agreement is between you and Hearst Magazines, Inc. ("Hearst") with a principal place of business at 300 West 57th Street, New York, NY 10020. Your use of this Online Service signifies your agreement to the terms and conditions of use set forth below in the Agreement. If you do not agree to the terms and conditions set forth herein, please do not use this Online Service.
Subject to the terms and conditions set forth in this Agreement, HEARST grants you a non-exclusive, non-transferable, limited right to access, use and display the Online Service and the materials thereon, provided that you comply fully with the terms and conditions of this Agreement. The Online Service is only for your personal noncommercial use. You agree not to interrupt or attempt to interrupt the operation of the Online Service in any way.
All materials on the Online Service, including without limitation text, images, software, audio and video clips, as defined below (collectively the "Content") are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions displayed herein or elsewhere through the Online Service.
You may not download, display, reproduce, create derivative works from, transmit, sell distribute, or in any way exploit the Online Service or any portion thereof for any public or commercial use without the express written permission of HEARST. You may view and download one (1) copy only of material from the Online Service (unless otherwise specifically indicated) for your personal, non-commercial home use only, provided that you maintain all copyright and other notices contained therein. You may obtain more information on the copyrights, trademarks, and service marks of HEARST and its affiliates by viewing the copyright and trademark notices posted on the Online Service.
You may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through the Online Service, including without limitation any information residing on any server or database connected to the Online Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Online Service in any manner with the intent to damage, disable, overburden, or impair the Online Service; or (iv) frame the Online Service with any other content or information without the prior written permission of HEARST.
You alone are responsible for the content and consequences of any of your messages. In addition to any other rules or regulations that we may post in connection with a blog, chatroom, bulletin board or other forum provided to you on or in connection with the Online Service, you agree that you shall not upload, post or transmit to or distribute or otherwise publish through the Online Service, any materials which (i) restrict or inhibit any other user from using and enjoying the Online Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from this Online Service or HEARST.
HEARST maintains a policy of termination in appropriate circumstances of users who use the Online Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: Debra S. Weaver, Esq.
Hearst Magazines, Inc.
300 West 57th Street
New York, NY 10019
HEARST reserves the right, but does not have an obligation, to review all materials posted to the Online Service by users, and HEARST is not responsible for any such materials posted by users. However, HEARST reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in HEARST's sole discretion are objectionable or in violation of this Agreement.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Online Service, including Communications made to HEARST pages, services, applications and features on platforms hosted by third party vendors such as Facebook, tumblr and other social networking, community and blogging platforms, you grant to HEARST a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by HEARST of any material or idea submitted by you in any Communications. You waive all rights to any claim against HEARST for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that HEARST is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your Communications.
The Online Service contains links, widgets, applications and pointers and sometimes may frame or otherwise incorporate other World Wide Internet sites or digital assets, resources, and sponsors of the Online Service. Links from the Online Service to sites and services maintained by third parties and the framing of third-party sites do not constitute an endorsement by HEARST of such third party resources or their contents. Links (including links for which HEARST receives a commission on sales of products of services) and frames also do not imply that HEARST is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, tradename or logo of HEARST. You should direct any concerns regarding any external link to its site administrator or webmaster. HEARST does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Online Service. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. HEARST reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Online Service.
HEARST may include routing buttons within the Online Service, the activation of which will allow you to access and learn about HEARST and other services provided by HEARST or its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES PERTAINING TO THE USE OF SUCH SERVICES.
Third Party Services You may order services or merchandise through the Online Service from other persons or companies not affiliated with HEARST ("Sellers"). All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc. are solely between you and the Seller. You will not consider HEARST, nor will HEARST be deemed, a party to such transactions, whether or not HEARST may have received any form of revenue or other compensation in connection with the transaction, or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. HEARST MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH THE ONLINE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE ONLINE SERVICE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK. It is also expressly acknowledged that Verizon Wireless is not providing any of, and is not responsible for, the content and services of any site or service.
You agree to indemnify, defend and hold HEARST, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of or failure to use the Online Service, or any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. HEARST reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HEARST.
UNDER NO CIRCUMSTANCES SHALL HEARST OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE ONLINE SERVICE, EVEN IF HEARST OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HEARST OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE ONLINE SERVICE.
HEARST reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting an amended version of the Agreement on the Online Service. Changes in this Agreement will be effective when posted. Your continued use of the Online Service after any changes to this Agreement are posted will be considered acceptance of those changes.
HEARST may terminate, change, suspend or discontinue any aspect of the Online Service at any time. HEARST may also impose limits on certain features and services or restrict your access to part or all of the Online Service without notice or liability.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK.
We control and operate the Online Service from our offices in the United States of America. We do not represent that materials on the Online Service are appropriate or available for use in other locations. Persons who choose to access the Online Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement constitutes the entire agreement between HEARST and you with respect to your use of the Online Service. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Copyright ©2011 Hearst Magazines, Inc.
All rights reserved.
This Online Service and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of HEARST.
ELLE, ELLE GIRL and ELLE DECOR are trademarks or service marks of Hachette Filipacchi Presse. Other marks used on the Online Service are trademarks or service marks of Hearst Magazines, Inc. In Canada, the ELLE trademarks and service marks are owned by France Canada Editions et Publications Inc.
CAR AND DRIVER, CYCLE WORLD, ROAD & TRACK, RECTHIS, WOMAN'S DAY, and WOMAN'S DAY SPECIAL INTEREST PUBLICATIONS and other related marks used on the Online Service are trademarks or service marks of Hearst Magazines, Inc. JUMPSTART is a trademark of Jumpstart Digital Marketing, Inc.
You may not use the foregoing marks, trademarks or service marks, logos or other identifiers without the prior written authorization of HEARST and/or the trademark owner.