Insidezout: Terms & Conditions

Terms and conditions
Last updated: January 18, 2007

Welcome to www.insidezoutmag.com. This Web site is owned exclusively by Kisho Media, LLC (“Kisho Media”. Kisho Media and its affiliates provide their services to you subject to the following conditions. If you visit any of Kisho Media’s Web sites, you accept these conditions. Please read them carefully.

This web site (“Site”) is controlled and maintained by Kisho Media LLC (“InsidezOut”, “we”, “us”, “our”). By using this Site, you agree to be bound by each of the terms and conditions set forth below and any amendments thereto (“Terms and Conditions”). Please return to this Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on this Site. Please not that your use of certain features of our Site may be subject to additional terms and conditions. By using these features, you also agree to be bound by such additional terms and conditions.

Privacy
Please review our Privacy Policy, which also governs your visit to Kisho Media’s Web sites, to understand our practices.

Proprietary Rights
All materials on this Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, Clips, and other elements making up this Site (collectively, “Content”) are protected by copyrights and other intellectual property rights owned and controlled by us or by other parties that have licensed or other provided their material to us. You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided therein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted transmitted, or distributed in any way, or otherwise used for any purposed, by any person or entity, without our prior express written permission. To request permission from us, please contact: Copyright Permission Department. We cannot guarantee that we can accommodate your request, and our granting of your request may be conditioned on payment of a fee. You may not add, delete, or distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize this Site or any part of the Content of any purpose other than its intended purposes is strictly prohibited.

Infringement and Regulatory Complaints
Kisho Media and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at webmaster@insidezoutmag.com.

We will cooperate with any law enforcement authorities and comply with any judicial order requested or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, sate, or local laws.

Disclaimer of Warranties
THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE AND OUR SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS, AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THE USE OF THIS SITE OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THIS SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATED, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THIS SITE, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OUR AVAILABLE THROUGH THE SITE.

Exclusions and Limitations
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you in its entirety.

Applicable Law
By visiting InsidezOut, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and InsidezOut or its affiliates.

Indemnification
You agree to defend, indemnify and hold us, and our subsidiaries, partners, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content.

International Use
We make no representations that the Content on this Site is appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.

Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of New York, County of New York. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successor and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use this Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.