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Terms and Conditions

Terms and Conditions

CELS Magazine
Terms of Use

CELS Magazine (“CELS Mag” or the “Company” or “we” or “us”) operates this Site to feature the most wonderful tips and stories worth sharing. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

The Company reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site
You may use the this Site, and the information, blogs, writings, images and/or other works that you see, hear or otherwise experience on this Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about products and services that may be offered or referenced on this Site. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. The Company reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site, except as expressly permitted by the Terms of Use.

2. Copyright
This Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to CELS Magazine or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by CELS Magazine or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company). You may not manipulate or alter in any way images or other Content on the Site.

3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout this Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites
Links on this Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave this Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by CELS Magazine of the third party, the third-party web site, or the information contained therein. CELS Magazine is not responsible for the availability of any such web sites. CELS Magazine is not responsible or liable for any such web site or the content thereon.

5. Linking to this Site
Unless specifically authorized by the Company, you may not connect “deep links” to this Site, i.e, create links to this Site that bypass the home page or other parts of this Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

6. Downloading Files
We cannot and does not guarantee or warrant that files available for downloading through this Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Software
Any software available for download from this Site is the copyrighted work of the Company and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

8. Disclaimer of Warranties
THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THIS SITE, OR THE CONTENT. CELS Magazine EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THIS SITE OR THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THIS SITE. CELS Magazine DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED ON OR BY THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED. CELS Magazine DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THIS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

9. Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THIS SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS SITE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THIS SITE OR THE CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

10. Indemnification
You understand and agree that you are personally responsible for your behavior on this Site. You agree to indemnify, defend and hold harmless CELS Magazine, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to this Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use this Site or the Content, or any violation by you of this Agreement.

11. Privacy
Click here to see the Company’s Privacy Policy.

13. User Conduct
You agree to use this Site only for lawful purposes. You agree not to take any action that might compromise the security of this Site, render this Site inaccessible to others or otherwise cause damage to this Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use this Site in any manner that might interfere with the rights of third parties.

14. Unsolicited Idea Submission Policy
Neither the Company nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. Please do not send us your unsolicited ideas to CELS Magazine or anyone at CELS Magazine. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of the Company, without any compensation to you; (2) we will have no obligation to return your idea to you or respond to you in any way; (3) we will have no obligation to keep your idea confidential; and (4) we may use your idea for any purpose whatsoever, including giving your idea to others.

However, we do welcome feedback regarding this Site and the Content, and feedback can be provided through the listed contact areas on this Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.

15. User Supplied Information
The Company does not want to receive confidential or proprietary information from you via this Site. You agree that any material, information, or data you transmit to us or post to this Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give CELS Magazine the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

16. Password Security
If you register to become a the celsmagazine.blogspot.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.


17. General Provisions
 a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by the Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. CELS Magazine therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, CELS Magazine’s Privacy Policy, your use of this Site, or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws provisions.

Any dispute which may arise out of or in connection with your access to or utilization of this Site or the Content shall be adjudicated before a court located in Boston, Massachusetts and the parties hereby submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts located in Boston, Massachusetts and of the federal courts in Boston, Massachusetts with respect to any action or legal proceeding commenced by any party, and irrevocably waive any objection they now or hereafter may have respecting the venue of any such action or proceeding brought in such a court or respecting the fact that such court is an inconvenient forum, relating to or arising out your access to or utilization of this Site or the Content.

d. Misuse of Site. CELS Magazine makes every effort to ensure that its site is not misused by third parties, such as con artists, philanderers or pedophiles, for improper or illegal activities. Notwithstanding our efforts, however, there can be no assurance that individuals with whom you make contact on our site are who they represent themselves to be and you should exercise due caution at all times. You hereby agree to release CELS Magazine and its officers, directors, stockholders, employees and other representatives from all liability whatsoever arising out of the use of this site.

Last Updated: July 19, 2011

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