By being on this site you agree to the following:
TERMS AND CONDITIONS
Welcome to the Social Diary Magazine.com website (the "Web Site"). The Social Diary, LLC owns and maintains the Social Diary Magazine.com website. Please enjoy browsing the Web Site at any time, however, by browsing the Web Site, the following terms and conditions (the "Terms and Conditions") will govern your use of the Web Site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. By using this Web Site, you represent and warrant that you are lawfully able to access and to accept these Web Site Terms and Conditions. If you are using the Web Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Web Site Terms and Conditions on such entity's behalf.
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Web Site, including, for example, news articles, opinions, reviews, text, photographs, images, illustrations, grahics, audio clips, video, html, source and object code, software, data, the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned, solely and exclusively, by The Social Diary, LLC and its subsidiaries, affiliates, licensors, suppliers, or its third-party image partners. We reserve 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 our sole discretion are objectionable or in violation of the Web Site’s Terms and Conditions, our policies or applicable law. The Web Site is protected by copyright, trademark and other intellectual property laws of the United States of America and applicable international intellectual property laws. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
Use of Web Site
You may access and view the Web Site Content only for your personal, noncommercial use on a single computer or other Internet compatible device to enable you to use the Web Site, provided you do not duplicate, download, publish, modify, distribute, remove any trademark, copyright or other notice from such Content from the Web Site or any Web Site Content, unless otherwise specifically authorized by Social Diary Magazine.com to do so. Social Diary Magazine.com does not represent or warrant that use of any Content will not infringe rights of third parties.
Trademarks and Copyrights
This Web Site and all materials incorporated by Social Diary Magazine.com on this Web Site are protected by copyrights, or other proprietary rights. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Web Site are registered and unregistered Trademarks of Social Diary Magazine.com and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of Social Diary Magazine.com or such third party that may own the Trademarks displayed on the Web Site. Your misuse of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided in these Terms and Conditions, is strictly prohibited. Social Diary Magazine.com respects the intellectual property rights of others and asks users of this Web Site to do the same.
The Web Site may provide links to or automatically produce search results for third-party web sites or resources or third-party information referencing or linking to third-party web sites or resources. We have no control over such third-party web sites and resources, and you acknowledge and agree that we are not responsible for the content or information contained therein. We cannot and do not guarantee, represent or warrant that the content or information contained in such third-party web sites and resources is accurate, legal, noninfringing or inoffensive. We do not warrant that such web sites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using the Web Site to search for or link to a third-party web site, you agree and understand that we shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, the Web Site to obtain search results or to link to a third-party web site. Your dealings or communications through Social Diary Magazine.com with any party other than Social Diary Magazine.com are solely between you and that third party. Under no circumstances will Social Diary Magazine.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
Linking to this Website
You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
The Web Site may contain advertisement and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Social Diary Magazine.com is not responsible for the acts or omissions, of any advertiser or sponsor.
Disclaimer of Warranties
While Social Diary Magazine.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy, timeliness, reliability, completeness, or otherwise, of the Content and assume no liability or responsibility for any error or omission in the Content. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. Social Diary Magazine.com does not represent or warrant that use of any Content will not infringe rights of third parties. Social Diary Magazine.com has no responsibility for actions of third parties or for content provided by others.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOUR USE OF, AND BROWSING IN, THE WEB SITE IS AT YOUR OWN RISK. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OUR AFFILIATES, OUR SUPPLIERS, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, INCLUDING THIRD PARTY WEBSITES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, FOR LOST BUSINESS, GOODWILL, BUSINESS INTERRUPTION, LOST SALES, LOST DATA, LOST PROFITS, FOR DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SOCIAL DIARY MAGAZINE.COM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SOCIAL DIARY.COMS' RECORDS, PROGRAMS OR SERVICES, OR OTHER INTANGIBLE LOSSES, SOCIAL DIARY MAGAZINE.COM’S REMOVAL, ALTERATION, DELETION, OR USE OF ANY RECORD, OR MATERIALS SUBMITTED OR POSTED ON ITS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SOCIAL DIARY MAGAZINE.COM, OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOCIAL DIARY MAGAZINE.COM WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SOCIAL DIARY MAGAZINE.COM FOR ACCESS TO OR USE OF THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Violation of Terms and Conditions
You understand and agree that in Social Diary Magazine.com's sole discretion, and without prior notice, Social Diary Magazine.com may terminate your access to the Web Site, or exercise any other remedy available if Social Diary Magazine.com believes that the information you provide has violated or is inconsistent with these Terms and Conditions, or violates the rights of Social Diary Magazine.com, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Social Diary Magazine.com for violations of these Terms of Conditions and you consent to injunctive or other equitable relief for such violations.
You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to defend, indemnify and hold harmless Social Diary Magazine.com, The Social Diary, LLC, and its owners, affiliates, subsidiaries, and their respective members, directors, officers, managers, employees, shareholders, suppliers, contractors, agents, licensors, service providers, partners, and representatives, from and against any and all losses, claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement), liability, actions, suits, expenses, damages and costs, including attorneys’ fees and court costs, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. The Social Diary Magazine.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The Social Diary Magazine.com’s defense of such claim.
The Laws of the State of California shall govern the use of the Web Site and the Terms and Conditions, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in San Diego County, California.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Any failure of Social Diary Magazine.com to enforce or exercise any provision of this agreement or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision.
2011 copyright with all rights reserved for The Social Diary LLC, and its subsidiaries,
including but not limited to San Diego Social Diary, THE SOCIAL DIARY Magazine, The
La Jolla Social Diary, The Beverly Hills Social Diary, The Malibu Social Diary, The Hollywood Social Diary,
MargoMargo.tv, MargoMargo.com and Margo Schwab Photography
no reproduction of any part or parts is allowed without
written permission by The Social Diary
Material on The Social Diary will not be removed except when the information is substantiated as incorrect or by court order with provided legal basis.