TERMS OF USE

MAKING OF A MOGUL.COM

 

1. ACCEPTANCE OF TERMS

Making of a Mogul, LLC, a New York limited liability company (hereinafter referred to as “Making of a Mogul”, “we”, “us” or “our”), makes this website, www.makingofamogul.com (the “Site”), including all information, documents, communications, files, images, text, graphics, descriptions, products and services available through the site (collectively, the “Materials”) and all services operated by Making of a Mogul and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Making of a Mogul may publish from time to time (collectively, the “Terms of Use” or the “Agreement”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, posting of any comments, purchasing of any of the goods or services made available on or through the site, or merely browsing the Site, you agree to and are bound by the Terms of Use.

We reserve the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at our sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.   

All information, descriptions, materials, files, communications, documents, text, images and content provided by Making of a Mogul, LLC are “Making of a Mogul Content.” “User Content” means all content, graphics, text, images, or files posted on the Site by you or any other user of the Site, including content posted on the Site by stylists and designers.   

 

2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Making of a Mogul does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by Making of a Mogul, this Site also makes available materials, information, and services provided by third parties (collectively, the “Third Party Services”). These materials include User Content posted on the Site. The Third Party Services may be governed by separate license agreements that accompany such services. Making of a Mogul offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or products. You agree that you will not hold Making of a Mogul responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Making of a Mogul Content and User Content available on this Site subject to the following conditions:

1) The Making of a Mogul Content and User Content may not be modified or altered in any way.

2) You may not remove any copyright or other proprietary notices contained in the Making of a Mogul Content and User Content.

3) Making of a Mogul reserves the right to revoke the authorization to view, download, and print the Making of a Mogul Content and User Content available on this Site at any time, and any such use shall be discontinued automatically and immediately upon notice from Making of a Mogul.

4) The rights granted to you constitute a conditional license and not a transfer of title.

The rights specified above to view, download, and print the Making of a Mogul Content and User Content available on this Site are not applicable to the design or layout of this Site. Such elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. 

 

3. TRADEMARK INFORMATION

The trademarks, logos, and service marks, including the MOAM and Making of a Mogul trademarks (the “Marks”) displayed on this Site are the property of Making of a Mogul or other third parties. You are not permitted to use the Marks without the prior written consent of Making of a Mogul or such third party that may own the Marks.

 

4.  LICENSE TO MAKING OF A MOGUL FOR USER CONTENT

Our Site accommodates User Content, including, but not limited to, images, comments, reviews and posts. The Site also includes directory services, an events calendar and classifieds pages, all of which allow for the posting of User Content. By submitting any User Content to this Site (and to any of its pages) you grant Making of a Mogul the following type of license: a worldwide, perpetual, royalty-free, non-exclusive license to modify, compile, reproduce, sell, license and distribute such User Content. You also grant Making of a Mogul the right to publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site and for any other commercial purposes.

 

5. COPYRIGHTS AND RIGHTS OF PUBLICITY

Some pages on the Site allow for the submission of photographs and articles. By submitting a photograph you are agreeing and expressly representing that: (a)  you are the copyright owner of the photograph; (b) you grant us a world-wide, perpetual, sublicenceable, royalty-free license to use the photograph including for commercial purposes; (c) if you are not the individual featured in the photograph, that such individual has consented to your posting of the photograph on the Site and that you have obtained a written release from such individual allowing Making of  Mogul to feature the photograph and to commercially exploit it without compensation to you or the individual featured in the photograph; (c) if you are the person featured in the photograph, you agree that we may make use of the photograph and commercially exploit it and that you will not have rights of publicity with respect to such photograph nor seek compensation from us for use of the photograph.

By submitting an article or any other content, you are representing that you are the sole copyright owner of such content, and by submitting such content to the Site you are granting Making of a Mogul a world-wide, perpetual, sublicenceable, royalty-free license to use such content both for commercial and non-commercial purposes in Making of a Mogul’s sole discretion.   

To the extent that any of the representations made above are untrue, you agree to indemnify and hold us harmless for any loss or injury resulting from such breach, including reasonable attorney fees.

 

6. EVENT CALENDAR

By submitting an event to our Event Calendar, you agree to the following terms in addition to the other terms in this Agreement applicable to the submission of User Content: (a) we reserve the right to remove or to not post any event in our sole discretion and for any or no reason; (b) by submitting an event you are representing that the information provided about the event is accurate and not misleading; and (c) you agree that we are not a party to any offerings or events posted on the Event Calendar and that you are fully responsible for any representations made and for any harm resulting from the event posted on the calendar. You agree that we will not be liable or in any manner responsible for (1) glitches relating to RSVP features, (2) no-shows, (3) cancellations, (4) over capacity limits, (5) breach of contract between the event sponsor or the event attendees, (6) uninvited guests, (7) injury (to body and property) resulting from users’ attendance at a posted event, and (8) any deals posted and negotiations relating to a posted event.  

 

7.  CLASSIFIEDS

Your browsing of and submission to our classifieds pages are subject to the terms of this Agreement. In addition to the applicable terms of this Agreement, you also understand and agree that: any goods or services offered on our classifieds pages are third party goods and/or services. Without limiting any other provision of this Agreement, we take absolutely no responsibility and make no representations whatsoever as to such third party goods or services. Any interaction you have with a seller of such good or service is at your own risk. We are not a party to any transaction you may enter into by virtue of your use of our classifieds pages.    

 

8. PROHIBITED COMMUNICATIONS AND USER CONTENT

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, (including any offensive language or suggestive content, as determined by Us), defamatory, obscene, or pornographic materials, including any nude photographs or images, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. If you are posting photographs featuring one or more individuals, you agree that the individual(s) featured in the photograph have consented in writing to have the photograph featured on the Site and to be commercially exploited by Making of a Mogul.

 

9. DIGITAL MILLENNIUM COPYRIGHT ACT

We are committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, we will remove or block access to the allegedly infringing material, and may terminate the User’s account as provided in this Agreement and as mandated by DMCA. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement.

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Support@MakingofaMogul.com.

 

10. USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.

 

11. MANAGING CONTENT AND COMMUNICATIONS

Making of Mogul reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Making of a Mogul reserves the right to pursue all reasonable redress including full compensation for any damages associated with malicious or other behaviors or actions resulting from unauthorized use of this Site or use that is deemed in violation of these Terms of Use. Making of a Mogul may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content, including but not limited to the classifieds pages and events calendar page. To the maximum extent permitted by law, Making of a Mogul will have no liability related to User Content. Making of a Mogul disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content. You agree and represent that you are entirely responsible for all User Content that you upload, download, post, list, transmit or otherwise use or make available via the Site. Since we do not control the User Content posted on the Site we cannot and do not guarantee the accuracy, integrity or quality of such User Content. 

 

12. WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in this Agreement or in a written agreement between you and Making of a Mogul, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Making of a Mogul makes no warranty that

(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; and (iv) the quality of any Services or Materials, including any product purchased on the Site, obtained or accessible by you through the Site will meet your expectations.

You understand and acknowledge that (i) Making of a Mogul does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including products and services advertised on the Site’s classifieds and events pages; (ii) Making of a Mogul makes no representation or warranties whatsoever about any such third parties, their content, products, or services, and you understand that we do not screen any of our users or any party submitting content to or through the Site; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Making of a Mogul shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or the downloading of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Making of a Mogul assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Making of a Mogul or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

 

13. PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Making of a Mogul or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.  

 

14. LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall Making of a Mogul, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of data, or profits, whether or not Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

 

15. INDEMNITY AND LIABILITY

You agree to indemnify and hold Making of a Mogul, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use or your violation of any rights of another person or entity.

 

16. GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by Making of a Mogul from its offices within the State of New York, United States of America. By accessing this Site, you and Making of a Mogul agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. Subject to the arbitration clause below, you and Making of a Mogul also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of New York with respect to such matters.

Except as provided otherwise herein, any dispute relating in any way to your visit to this Site shall be submitted to confidential, binding arbitration in Westchester County, New York, except that, to the extent you have in any manner violated or threatened to violate Making of a Mogul’s intellectual property rights, Making of a Mogul may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

17. GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Making of a Mogul and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Making of a Mogul to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.