Terms and Conditions
The following terms and conditions (the “Terms and Conditions”) cover the websites owned or operated by Contrapposto Media LLC (“CPM”), any associated Content (as defined below) including email, and Submissions, as defined below (collectively the “Site”). Please read these Terms and Conditions carefully before using or proceeding to access the Site. You must read and agree to the following Terms and Conditions of use, including the Code of Conduct, before you access or otherwise use or participate in the Site. Your access to and registration with the Site (as applicable) is governed by the following Terms and Conditions. By accessing the Site, you accept these Terms and Conditions in effect at the time of your use. CPM grants you access to use the Site solely in accordance with these Terms and Conditions. You acknowledge that unauthorized use of the Site may violate copyright, trademark, privacy, publicity, communication and other applicable laws. As used here, “you” or “User” means any user or visitor of the Site who is deemed to have read, understood and agreed to the Terms and Conditions and “we” or “us” means CPM.
- DESCRIPTION OF SITE. The Site is an editorially driven lifestyle website featuring information, opinions and other Content regarding a wide variety of topics including travel, food, design, fashion, art, style, culture, goods and services.
- USE OF THE SITE. Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of CPM and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of CPM or such third party which may own the Marks. All information, materials and content including any text, photographs, audio, video, illustrations and software programs made available by CPM on or through the Site (“Content”) is protected by copyright and is the property of CPM and other parties. Users may only use the Site and Content for personal use as and to the extent permitted under these Terms and Conditions and are prohibited from modifying, creating derivative works of, copying, distributing, transmitting, displaying, publishing, selling or licensing any Content available on or through the Site for commercial, public or any other purposes. You agree that your participation in the Site is voluntary, personal and non-transferable. CPM may, in its sole discretion, immediately terminate your access (with or without notice) to the Site should your conduct fail to conform to the Terms and Conditions.
- MODIFICATIONS TO THESE TERMS AND CONDITIONS. We may change the Terms and Conditions of the Site from time to time by updating this posting. Please visit the Terms and Conditions area each time you visit the Site to keep up to date with the current terms and conditions regarding your use of the Site. Your continued use of the Site constitutes an affirmative: (1) acknowledgment by you of the Terms and Conditions and any modifications thereof and (2) your agreement to abide and be bound by the Terms and Conditions as modified.
- MODIFICATIONS TO SITE. We reserve the right to modify or discontinue the Site with or without notice to you. Neither CPM, nor its affiliates shall be liable to you or any third party should we exercise this right to modify or discontinue the Site.
- CODE OF CONDUCT. The Site makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures.
You agree to abide by the following rules of conduct:
(1) You must be 18 years of age or older to register with or use the Site.
(2) You agree not to copy, modify, distribute, download, display, post, publish, license, create derivative works of or otherwise transmit Submissions in any form except (i) to and through the Site as and to the extent expressly permitted hereunder, and (ii) that Users may use the “Share This” feature to e-mail specific content to their friends or post the Content with the intent of promoting it and the site through the provided online social networks available in this feature.
(3) You agree not to use the Site to solicit or advertise any commercial product or activity.
(4) You agree not to use behavior that does not support a safe and comfortable environment for all Users, including but not limited to posting or transmitting any materials that are threatening, offensive, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane (even if it is masked), racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.
(5) You agree not to upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site any Submissions which:
(i) restrict or inhibit any other User from using the Site or contain a virus or other harmful component.
(ii) violate any local, state, Federal or International laws or give rise to civil liability.
(iii) violate or infringe any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, such as defamation or any other proprietary right).
(iv) violate these Terms and Conditions or are not otherwise appropriate or pertinent to the purpose of the Site.
(v) impose an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site.
(6) You agree not to use any trademarks, trade names, logos or other identifying marks (“Marks”) of CPM, its affiliates, agencies or any third party for any purpose including without limitation to use as metatags on the Site or on other pages or sites on the World Wide Web without the written permission of CPM, and, if applicable, the third party that owns the Marks.
(7) You agree not to use the Site for any unlawful purpose or activity including without limitation:
(i) chain letters, junk mail, spamming or similar activities.
(ii) “spoofing” (i.e., using any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site or impersonating CPM, another User or the Site Moderator).
(iii) Using or possessing programs to “crack” passwords or other Internet security tools.
(iv) Attempting to circumvent established Internet security measures.
(v) posting or transmitting any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
(8) You agree not to interfere with another Users use and enjoyment of the Site.
(9) You agree not to upload, store, process, post, transmit, distribute, publish or otherwise submit any photos, hyperlinks, materials or other Submissions on or through the Site that do not comply with these Terms and Conditions.
- HYPERLINKING. THE SITE MAY PROVIDE A LINK TO OTHER WEB SITES BY ALLOWING YOU TO LEAVE THE SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THE SITE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). CPM HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT CPM HAS PROVIDED A LINK TO A LINKED SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND CPM URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE. ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE SITE (INCLUDING ALL LINKED SITES) IS AT THE USER’S OWN RISK. YOU SHOULD BE AWARE THAT LINKED SITES MAY CONTAIN RULES AND REGULATIONS, PRIVACY PROVISIONS, CONFIDENTIALITY PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS AND OTHER PROVISIONS THAT DIFFER FROM THE PROVISIONS PROVIDED ON THE SITE. NEITHER CPM, NOR ITS AFFILIATES IS RESPONSIBLE FOR SUCH PROVISIONS AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.
- NO WARRANTIES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. NEITHER CPM, NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, (B) ANY CONTENT PROVIDED ON THE SITE AND ANY LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL CPM, ITS AFFILIATES ORAGENCIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
- LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CPM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CPM DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. CPM IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. CPM MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. CPM MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME. YOU AGREE THAT CPM, ITS AFFILIATES AND AGENCIES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF CPM IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. CPM CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
- LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH PROVIDERS OF GOODS AND SERVICES. CPM, ITS AFFILIATES AND AGENCIES HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE CPM, ITS AFFILIATES AND AGENCIES FROM ANY LIABILITY WITH RESPECT TO THE SAME.
- INDEMNIFICATION. You agree to indemnify and hold CPM, its agencies and their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity.
- TERMINATION. We shall not be liable to you or any third party for termination of the Site. Should you object to any Terms and Conditions of the Site or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
- PARTICIPATION IN PROMOTIONS OF ADVERTISERS. You may enter into correspondence with or participate in promotions of advertisers, if any, showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the advertiser. CPM assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
- LAWS. The Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of law provisions.
- CONTRIBUTOR/USER SUBMISSIONS/ASSIGNMENT. In submitting any content (images, text, video, or otherwise) you are doing so with the expressed purpose of placing that content and information in the public domain, not only on the Site, but also on other social media websites, such as Facebook, Tumblr, Twitter, and Pinterest. The images you submit and whatever information you provide the Site to accompany these images is entirely up to your discretion. You authorize the Site to place this content in the public domain, and you bear all legal responsibility for any consequences that result from sharing that information with the Site and consequently making it public, indemnifying CPM and any of its affiliates, officers, and employees from any damages you may sustain. You also indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising out of your decision to submit content to the Site with the expressed purpose of placing it in the public domain. Furthermore, CPM is not responsible for how other users of the Site may use the content published on the Site, nor are we responsible for its security or use once it is disseminated to the aforementioned online social networks. Before submitting any content to the Site, we advise that you read the Terms and Conditions and Privacy Policies of those other websites. Please be cautious about making personal information public through the Site.