Last Revised: August 20, 2020
By accessing, browsing, submitting information to and/or using the Blog, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Blog.
What is the purpose of the Blog?
The Blog is a space for the freighted and the frivolous, covering topics as disparate and imbalanced as grief, motherhood, fashion trends, interiors, home products, gifts, marriage, and children’s wear. The Blog and Fashion Magpie exist to inspire and politely provoke women to live thoughtfully, well-curated, stylish lives and is sustained by the passionate, intelligent, thoughtful women who read and comment along. Simply put, the Blog is provided solely for informational purposes and the purposes of enabling communication between you and the Fashion Magpie. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
How am I allowed to use the Blog?
By visiting the Blog, the Fashion Magpie grants you a non-exclusive right to access and use the Blog and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Blog shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Fashion Magpie to use the Blog for commercial purposes. You agree to use the Blog only for lawful purposes, comply with all rules governing any transactions on and through the Blog and comply with applicable laws.
Is there anything I am NOT allowed to do on the Blog?
Yes, by visiting our Blog, you agree that you will not:
- Use the Blog in any manner that could damage, disable, overburden, or impair the Blog or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any Blog account, computer systems or networks associated with the Fashion Magpie or the Blog;
- Obtain or attempt to obtain any materials or information through the Blog by any means not intentionally made available or provided by the Fashion Magpie;
- Use any robot, spider, or other automatic device, process or means to access the Blog for any purpose, including monitoring or copying any of the material on the Blog;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Blog via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate the Fashion Magpie, a Fashion Magpie employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Are all the websites linked to the Blog owned by Fashion Magpie?
Let’s talk intellectual property.
The Blog and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Blog or Content in any manner, except as expressly permitted by the Fashion Magpie in these Terms. The Blog or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Fashion Magpie or applicable owner.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Blog. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Fashion Magpie or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Blog should be directed to email@example.com.
What if I visit the Blog from outside the United States?
The Fashion Magpie is based in the state of New York in the United States. We make no claims that the Blog or any of its contents are accessible or appropriate outside of the United States. Access to the Blog may not be legal by certain persons or in certain countries.
Any disclaimers that I should know about?
Yes, just a few. Our lawyers insisted that we capitalize them and make them hard to miss.
ALL INFORMATION OR SERVICES PROVIDED BY THE FASHION MAGPIE TO YOU VIA THE BLOG, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE FASHION MAGPIE AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE FASHION MAGPIE AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE BLOG OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE BLOG. YOU SPECIFICALLY ACKNOWLEDGE THAT THE FASHION MAGPIE AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE BLOG AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE FASHION MAGPIE NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE BLOG WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE FASHION MAGPIE FURTHER MAKES NO WARRANTY THAT THE BLOG WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE BLOG IS AT YOUR SOLE RISK AND THAT THE FASHION MAGPIE, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE BLOG OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE FASHION MAGPIE FOR DISSATISFACTION WITH THE BLOG OR THE CONTENT IS TO CEASE YOUR USE OF THE BLOG AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
What about liability limitations?
Yes, there are many situations in which the Fashion Magpie disclaims liability. Once again, we blame the lawyers for the capitalized text.
UNDER NO CIRCUMSTANCES SHALL THE FASHION MAGPIE OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE BLOG, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE BLOG OR ANY HYPERLINKED BLOG, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE BLOG, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE FASHION MAGPIE OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE BLOG SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold harmless the Fashion Magpie and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Blog, including, but not limited to, any use of the Blog Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Blog.
Will my access to the Blog ever be restricted or terminated?
Possibly, but we doubt that would ever happen. In its sole discretion, the Fashion Magpie may terminate or suspend your access to the Blog for breach of these Terms. The Fashion Magpie shall not be liable for any losses or damages arising from any such termination of service.
If I have a claim against Fashion Magpie, how soon do I have to file it?
Any cause of action or claim you may have arising out of or relating to these Terms or the Blog must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Will claims be handled through court?
Not necessarily. At its sole discretion, the Fashion Magpie may require you to submit any disputes arising from use of the Blog, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. By using the Blog, you hereby consent to submission of any dispute to be final and binding arbitration.
These Terms are governed by the laws of the State of New York, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of the Blog.
Will these Terms ever change?
Probably. The Fashion Magpie may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Fashion Magpie. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Blog after any such change is communicated shall constitute your consent to such change(s).
Anything else I need to know?
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Fashion Magpie as a result of these Terms or use of the Blog. You may not assign these Terms without the prior written consent of the Fashion Magpie in all instances. The Fashion Magpie may assign these Terms, in whole or in part, at any time. The Fashion Magpie’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Fashion Magpie’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Blog or information provided to or gathered by the Fashion Magpie with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
How do I contact you for more information?
We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us at firstname.lastname@example.org.