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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
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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
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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
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Limitation of Liability
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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.
COPYRIGHT © 2012 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
All Rights Reserved.
no reproduction of any part or parts is allowed without
written permission by The Social Diary
The Social Diary and its affiliations has the basic policy that when it takes pictures of individuals at events in public places or to events in which it has been requested to chronicle the same, that it will not remove such pictures from its website. Furthermore, comments made by individuals at these events or emails sent to The Social Diary, or related sites and media related businesses, related to such materials will also not be removed simply because a request has been made. On the other hand, if a party believes that The Social Diary has published a statement which is libelous or provides false information, within the discretion of The Social Diary, it will either alter such quotations, delete such materials, and/or if appropriate, allow for the publication of a rebuttal by any interested person wishing to publish additional information.