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Legal Notices — Terms & Conditions of Site Use

(Updated as of Feb 08, 2012)

Introduction

This Web site (www.bodymagazine.us) is operated by Fashion Market Magazine Group, Inc. (FMMG) as a service to our customers. These Terms and Conditions of Site Use (the Terms of Use) govern your use of this Web site. PLEASE BE ADVISED THAT YOUR USE OF BODYMAGAZINE.US (THE SITE) IN ANY MANNER, WHETHER BY BROWSING, CLICKING, READING, NAVIGATING, PARTICIPATING IN AN ONLINE ACTIVITY OR PROMOTION, MAKING A PURCHASE, OR FOR ANY OTHER PURPOSE WHATSOEVER CONSTITUTES YOUR CONSENT AND AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. FMMG reserves the right to update or modify these Terms of Use at any time, without prior notice. By using this Site following any such change, you reaffirm and re-acknowledge your agreement to follow and be bound by the Terms of Use as changed. As such, FMMG recommends you review these Terms of Use each time you visit the Site.

IF, AT ANY TIME, YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ANY OF THESE TERMS OF USE, YOU SHOULD NOT, AND ARE NOT ALLOWED TO, ACCESS OR USE THIS SITE. In the event of a violation of these Terms of Use, FMMG reserves the right to seek all remedies available by law and in equity.

Use of this Site

All materials you see and hear on this Site — including, but not limited to, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the Contents)— are intended solely for personal, non-commercial use. You may access, view, download, print or copy the Contents and other materials displayed on the Site for your personal use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No legal or equitable right, title or interest in any viewed, copied or downloaded Content is transferred or assigned to you as a result of your use of this Site. FMMG reserves complete title and full intellectual property and other legal and equitable rights in any and all Content on this Site.

Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from FMMG, which may withheld for any or no reason whatsoever.

FMMG may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. FMMG also reserves the right to block or deny access to the Site to anyone at any time for any or no reason.

Compliance with All Laws & Site Security

Your use of this Site constitutes and evidences your agreement to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing, or crashing; or (d) sending or relaying unsolicited e-mail, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while using the Site or interfere or attempt to interfere with the proper working of this Site.

Pricing & Product Information

While FMMG strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. FMMG reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, FMMG has the right, in its sole discretion, to refuse or cancel any orders placed for that item. If your credit card has been charged for any order subsequently cancelled, FMMG will issue a credit to your credit card. We apologize for any inconvenience this may cause you.

Prices and availability are subject to change without notice.

Colors

FMMG attempts to display the colors of our merchandise shown on this Site as accurately as possible. However, because your monitor’s display may vary the colors shown and due to certain other limitations, we cannot guarantee that your monitor will accurately depict the actual color of the merchandise.

Distribution of your identity and usage of our site.

Any information you supply us, directly or indirectly, including your name, address, phone number, IP address, email address, business affiliation, request for more information about products or pricing can and will be sold and/or distributed to any third party by FMMG for any reason at any time.

If you do not want any information on your or you company’s usage of this site to be distributed by FMMG to any third party, your sole remedy is to not use this site.

Submissions

FMMG welcomes your comments regarding this Site. However, FMMG does not want to receive confidential, proprietary or trade secret information through this Site. Please be aware that any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, Submissions) sent to FMMG shall be and remain the exclusive property of FMMG. FMMG shall be entitled to use, reproduce, disclose, publish, distribute and modify any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information without restriction and without compensating you in any way. You retain no legal and/or equitable rights in and/or to any suggestions, recommendations, or other information contained in, or resulting from any Submissions. For this reason, FMMG asks that you not send FMMG any Submissions that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas or original artwork.

Any personally identifiable information you provide to FMMG through the Site shall be subject to the Site’s Privacy Policy. As with these Terms of Use, our Privacy Policy may change from time to time, and we encourage you to regularly review our Privacy Policy if you are concerned about our use of your personal information.

Copyrights and Trademarks

Bodymagazine.us and FMMG as well as related product and service names, design marks and slogans, are registered trademarks of Fashion Market Magazine Group, Inc. Unless otherwise noted, all Contents are copyrights, trademarks, service marks, trade names or other protected intellectual property owned, controlled or licensed by FMMG, one of its affiliates, or by third parties who have licensed their materials to FMMG and are protected by U.S. and international copyright laws. No legal or equitable rights in any copyright, trademark, service mark or trade name is granted to you in connection with your use of this Site. Without limiting the foregoing, please be advised that FMMG has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

FMMG and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, text, programs, products, processes, technology, and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of FMMG or any third party’s intellectual property or other legal or equitable rights.

Limitation of Liability

IF YOU DISAGREE WITH THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND IS SUBJECT TO THESE TERMS OF USE.

IN NO EVENT WILL FASHION MARKET MAGAZINE, INC., BODYMAGAZINE.US.(HEREIN FMMG), OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE INFORMATION PRESENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, EQUITY, NEGLIGENCE, OR TORT, EVEN IF FMMG IS EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL DEFEND, INDEMNIFY AND HOLD FMMG HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES.

IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE AGGREGATE LIABILITY OF FMMG UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Disclaimer of Warranty

FMMG PROVIDES ACCESS TO THIS SITE TO FMMG‘S CUSTOMERS AND PROSPECTIVE CUSTOMERS AS IS AND AS AVAILABLE AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, FMMG DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) UTILIZED TO PURCHASE MERCHANDISE OFFERED ON THIS SITE. This disclaimer does not apply to any product warranty offered by the manufacturer of the merchandise.

WITHOUT LIMITING THE FOREGOING, FMMG DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, FMMG FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, BUT NOT LIMITED TO, PRICING, QUANTITY AND SIZES.

WITHOUT LIMITING THE FOREGOING, FMMG FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS SITE.

Linking

Periodically, links may be established from this Site to one or other external Web sites or resources operated by third parties (the Third Party Sites). FMMG provides these links for your convenience only. In addition, certain Third Party Sites also may provide links to the Bodysexydirectory.com Web site. AT NO TIME SHALL ANY SUCH LINKS BE DEEMED TO IMPLY THAT FMMG ENDORSES OR APPROVES THE THIRD PARTY SITES OR ANY CONTENT THEREIN. FMMG DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING, ANY THIRD PARTY SITES OR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY SITES. ACCESS TO ANY THIRD PARTY SITES IS AT YOUR OWN RISK AND FMMG WILL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO SUCH THIRD PARTY SITES.

Without limiting the foregoing, linking to our Site is strictly prohibited absent express written permission from FMMG. In addition, framing, in-line linking or other association of this Site or its contents with links, advertisements and/or other information not originating from this Site is expressly prohibited.

Jurisdiction

FMMG controls this Site from its offices within the State of New York. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE STATE OF NEW YORK. FMMG does not imply that the materials published on this Site are appropriate for use outside of the state of New York. Notwithstanding the foregoing, if you access this Site from outside of the state of New York, you do so on your own initiative and you are responsible for compliance with all local laws. The terms of this Site shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree that by accessing this Site you consent to the jurisdiction of the Supreme Court of the State of New York, County of New York, over any claim you may have, or FMMG may have against you arising out of, or relating to your use of this Site,.

Contact Information

The FMMG corporate headquarters are located at 2820 Stillwell Avenue, Brooklyn, NY 11224. If you have any questions concerning the legal notices stated above, we encourage you to contact the FMMG Legal Department at this address. Back to Top

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Contact Information: (718)676-4444
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