November 28, 2011
WELCOME TO SLYMAGAZINE.COM
Welcome to SlyMagazine.com, a shoes, accessories and tech online magazine (the “Site”). SlyMagazine.com is your online shoes, accessories and tech source here to aid the metropolitan lady, with the most discerning sense of style, filter through all the trends, products, and launches in fashion and feature only the very best in unique, quality design. The Site is owned and operated by Sly Magaine, LLC (the “Company,” “we” or “us”).

Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE. These Terms apply to your access to, and use of, the Site. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms.

 Changes of Terms

The Company reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications to these Terms will be effective thirty (30) days after posting of the revisions on the Site. We encourage you to review these Terms from time to time so that you understand the terms and conditions governing your use of the Site. If you do not agree to any amendment to these Terms, you must immediately stop using the Site; continued use of the Site following effectiveness of any changes constitutes your acceptance of all such changes and revisions.

Copyright; Intellectual Property

Unless otherwise indicated, the Site, the software underlying the Site (the “Software”) and all content and other materials on the Site, including, without limitation, all SlyMagazine.com trademarks, service marks and logos, and all designs, text, graphics, pictures, images, music, information, data, software, messages, and other files and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of the Company or its licensors (“Licensors”) and are protected by U.S. and international copyright laws. All rights not expressly granted herein are reserved by the Company and its Licensors.

You are granted a limited, non-sublicensable license to access and use the Site for noncommercial, personal use only. Such license is subject to these Terms and does not include: (a) any resale, commercial use, commercial exploitation, distribution, public performance or public display or transfer of the Site, the Software or any of the Materials, including without limitation, as part of any time-sharing or service bureau arrangement, except as may be expressly permitted under these Terms; (b) modifying or otherwise making any derivative uses of the Site, the Software or the Materials, or any portion thereof, except with the express permission of the Company; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) accessing or downloading (other than the page caching) of any portion of the Site, the Software, the Materials or any information contained therein, except as expressly permitted on the Site; (e) any right to reverse engineer, decompile, disassemble or in any way attempt to derive the source code for the Software; or (f) any use of the Site, the Software or the Materials other than for its intended purpose. Any use of the Site, the Software or the Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will immediately and automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.

SlyMagazine.com and any SlyMagazine.com logos and any other product or service name or slogan of SlyMagazine.com contained in, or used in connection with, the Site are trademarks of the Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Advertisements for or reference to any products, services, processes or other information on the Site, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation.

Third Party advertisements; Retailer eCommerce websites and Content

The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of the Company, and the Company is not responsible for the contents of any linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any such organization, site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

The Site may also contain advertisements, purchase opportunities or links through which you may purchase third party goods or services from Retailers. You shall be solely responsible for all purchases made by you through such third party sites, whether or not you accessed such site through the Site. You acknowledge that the Company is not responsible or liable for any action or inaction of any Retailers, including without limitation, the failure to deliver any merchandise or services as promised, the availability or quality of any such merchandise or services or any other aspect of such transaction. Any specifications or other information regarding products or services from Retailers have either been provided from such Retailers or from other publicly available sources. The Company makes no representations regarding such specifications, information, products or services. All such transactions are between you and the third party advertiser or provider.

The Site may contain content or provide links to Web pages containing content of third parties, including without limitation, texts, articles, photographs, graphics, designs, music, sound, video, software or other content or information (“Third Party Content”). The Company does not monitor or have any control over any Third Party Content or third party web sites. The Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Such Third Party Content may include material you may find offensive, indecent or otherwise objectionable. Use of these links and Third Party Content is at your own risk. You hereby waive any legal or equitable rights or remedies you may have against the Company with respect to any such Third Party Content or User Content.

Changes to the Site: Termination

The Company reserves the right at any time, without notice and in its sole discretion, to modify or discontinue the Site or any features on the Site, without any liability to the user or any other person.

Hyperlinks

Users are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray the Site, the Company, or any of their respective services in a false, misleading, derogatory or otherwise defamatory manner, that the link does not imply sponsorship or endorsement of the linking site by the Company and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

Conduct on the Site

The Site may contain Interactive Areas, such as comments, files, forums, message boards, messages services and chat rooms (the “Interactive Areas”), that enable users to create, post, transmit or store blogs, messages, text, images, photos, graphics, music, audio, video, data, information, or other materials, items or content on the Site (the “User Content”). Each user is solely responsible for its use of such Interactive Areas and the User Content and each other user should use such User Content at its own risk. You agree to use the Site only in compliance with applicable law and not to:

1. abuse, harass, threaten, impersonate or intimidate any other visitor or user of the Site or to otherwise interfere with another user’s use and enjoyment of the Site;
2. contribute or post content or otherwise use the Site in any manner that is infringing, libelous, defamatory, obscene, pornographic, indecent, abusive, threatening, harassing, offensive, misleading, inaccurate or otherwise violates any law or right of any third party, including, but not limited to rights of privacy or publicity or intellectual property rights;
3. contribute or post any content or use the Site in any manner that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or which exploits people in a sexual or violent manner;
4. engage in any illegal or unauthorized purpose or otherwise to violate the laws of the applicable jurisdiction or to encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
5. post or transmit or cause to be posted or transmitted any communication or solicitation designed or intended to obtain password, account or personal identifying or private information from any user without such user’s express knowledge and consent or use such information in violation of applicable law or to engage in any prohibited conduct;
6. create or submit unwanted email to any user or any URL or otherwise to post advertisements or solicit business or harvest or collect email addresses or other contact information of other users by electronic or other means for the purpose of sending unsolicited emails, advertisements or other communications;
7. impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age or gender or your affiliation with any person or entity;
8. upload, download, transmit or otherwise distribute any viruses or other disruptive or destructive files;
9. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or Software, any features that prevent or restrict use or copying of any content accessible through the Site or features that restrict or enforce limitations on use of the Site;
10. attempt to gain unauthorized access to the Software or Site or any part of it, other user’s accounts, computer systems or networks connected to the Site or any part of it, through hacking, password mining, or any other means or interfere or attempt to interfere with the provision of the Site or any activities on the Site.
11. use any robot, spider, scraper or other automated means to access or use the Site or Software without SlyMagazine.com’s express consent, including sending automated queries to determine how the Software, or any part of it, functions or to discover information on the technical capabilities or restrictions of the Site, the Software, or any part of it;
12. provide support or resources or to conceal or disguise the nature, location, source or ownership of support or resources to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
13. collect, store or analyze data about other users other than as permitted by the Company’s written policies.

If you use the Interactive Areas or other portions of the Site in violation of the foregoing or otherwise violate these Terms, the Company may terminate or block your use of the Interactive Areas and/or the Site with or without notice to you.

The Company shall not be responsible for and assumes no liability for any User Content posted, stored or uploaded by you or any other user or any third party, or for any loss or damage thereto, nor shall the Company be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you or any other user may encounter. All use of the Site, including Interactive Areas, is at your own risk. As a provider of the Site, the Company is not liable for any statements, representations or User Content provided by its users in any public or private forum, or other areas of the Site, including Profiles and Interactive Areas. Although the Company has no obligation to screen, edit or monitor any of the User Content, we reserve the right, and have absolute discretion, to screen and refuse to post or remove any message, file, posting, or other User Content posted or stored on the Site at any time and for any reason without notice, and all users are solely responsible for creating backup copies of and replacing any User Content it posted or stored on the Site at its sole cost and expense.

Users shall not use or provide personal information of any other user or person collected through the Site in a way that is contrary to or in violation of our Privacy Policy without the express consent of the user. You shall not use any other user’s User Content other than for your own information and personal use and as intended through the normal functions of the Site.

Right to Use Content

By posting such User Content, you agree that the Company and its affiliates and partners will have the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media as necessary to improve and provide the Site. You also grant to the Company and its affiliates and partners the right to use any name that you submit in connection with such User Content on the Site.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site, provided by you in the form of email or other submissions to the Company are nonconfidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 Copyright Complaints

We respect the intellectual property rights of others. If any person or entity believes that any material on the Site infringes upon any copyright that such person or entity owns or controls, such person or entity may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement:
legal@slymagazine.com

E-Mail Address of Designated Agent:
legal@slymagazine.com

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, service providers, partners and Licensors, and their respective directors, employees, independent contractors, consultants and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) any User Content you post, store or otherwise transmit on or through the Site; or (ii) your use of or inability to use the Site, including without limitation, any allegations that your User Content violates the intellectual property, privacy or other rights of any party or that your conduct is in violation of these Terms or the rights of any third party.

DISCLAIMER

THE SITE, THE SOFTWARE, AND THE MATERIALS AND USER CONTENT CONTAINED THEREIN OR PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SOFTWARE, THE MATERIALS AND THE USER CONTENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RETAILERS OR MERCHANDISE OR SERVICES OFFERED BY SUCH RETAILERS AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR PURCHASES FROM SUCH RETAILERS, WHETHER THROUGH A LINK FROM THE SITE OR OTHERWISE, AND THAT ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SOFTWARE, THE USER CONTENT, OR THE MATERIALS ARE OR WILL BE FREE FROM INTERRUPTION, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE THE COMPANY WILL ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE SECURE, THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SOFTWARE OR ITS SERVER(S) ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Applicable Law: Venue

These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the State of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. The Site is hosted in the United States.

Third Party Beneficiaries

You acknowledge and agree that the Licensors of the Company are third party beneficiaries under these Terms and that the Licensors will be able to enforce these Terms as such Terms are intended to be for their benefit as if such Licensors were a party hereto, including without limitation, enforcement of the intellectual property and other protections of the Software as set forth herein.

User Disputes

You are solely responsible for your interactions with other users and members of the Site

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

These Terms and any rights and licenses granted to you hereunder may not be transferred or assigned by you, but the Company reserves the right to transfer or assign these Terms in its sole discretion.

Question & Contact Information

Questions or comments about the Site, these Terms or our Privacy and other policies may be directed to us by email at legal@slymagazine.com

Photos

On notice, we will act expeditiously to remove content on this site that infringes the copyright rights of others and will disable the access to this site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others.
If you believe that this site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent: Service Provider(s): Sly Magazine, LLC

Name of Agent Designated to Receive Notification of Claimed Infringement:
Attention: Legal Department

Full Address of Designated Agent to Which Notification Should be Sent:
332 Bleecker Street, K39, New York, NY 10014

Telephone Number of Designated Agent:
(212) 807 – 2199

Email Address of Designated Agent:
legal@slymagazine.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.