Terms & Conditions
Last revised: February 01, 2018
1. Ownership of the Site
2. Site Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
3. Accuracy and Integrity of Information
Although the Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. The Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, The Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party, and the Company makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of any such information or Content.
4. Links to Other Sites; Third Party Advertisements
In addition, a link to a non-Company website or an advertisement for a third party product does not mean that the Company endorses or accepts any responsibility for the use of such linked website, or for the content on an such linked website, including any products advertised or sold thereon. It is up to you to take precautions to ensure that whatever you select for your use, purchase or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. YOUR COMMUNICATIONS AND DEALINGS WITH THIRD PARTIES THROUGH LINKS TO NON-COMPANY WEBSITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH COMMUNICATIONS AND DEALINGS, ARE SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS SITE, YOU DO THIS ENTIRELY AT YOUR OWN RISK.
5. User Generated Content, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any articles, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to the Company that you have the legal right and authorization to provide all User Generated Content to the Company for the purposes and the Company’s use as set forth herein. The Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner the Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. The Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
The Company does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant the Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. The Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold the Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by the Company arising out of any User Generated Content you post or allow to be posted to the Site.
6. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
The Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
- If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to our Publisher:
- Cathy Zion
- Zion Publications LLC
- 9750 Ormsby Station Road, #307
- Louisville, KY 40223
7. Disclaimer of Warranties
THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
8. Limitation of Liability Regarding Use of Site
THE COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
9. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The following rules apply to any giveaway from Today’s Woman magazine, Today’s Family magazine, Today’s Transitions magazine, TodaysWomanNow.com, TodaysTransitionsNow.com, or TodaysMediaNow.com (“The Media”). This list provides an overview, but keep in mind that there are rules specific to each contest. We try to communicate these rules here, on our Facebook page, and at The Media’s websites, so please read carefully before you enter any of our contests. By entering a contest, you agree that you will abide by these rules and any others specified in that particular giveaway.
- Unless otherwise noted, only one entry is allowed per person/email address, 18 years or age or older, per contest.
- You may win one prize every 90 days from each magazine or TodaysWomanNow.com or TodaysTransitionsNow.com, (i.e., If you win a prize from Today’s Transitions, this does not prevent you from winning a prize from Today’s Woman that month, as well.) unless stated otherwise.
- By entering the giveaway, the entrant grants permission for The Company and the sponsor to use the entrant’s email address for promotional purposes.
- No staff members, freelancers, or immediate family of The Company are eligible to win. Immediate family includes: parents, spouse, grandparents, grandchildren, siblings, and children by blood, adoption or marriage.
- Since most of these giveaways are for local events and businesses, you must live in the greater Louisville area and have the ability to pick up (and use!) your prize. Eligible counties include Jefferson, Bullitt, Hardin, Nelson, Spencer, Shelby, Henry, and Oldham counties in Kentucky; and Floyd, Clark, and Harrison counties in Southern Indiana.
- For contests that involve voting, there will be a specific start and end time for entries and votes. Please take note of these times for each contest and plan accordingly, as we do check at the exact times we specify.
- For contests that involve random selection, we number each entry based on the time they were submitted, and then we use www.random.org to select the winner to ensure complete objectivity.
- For contests that involve “tagging a friend” on Instagram or Facebook, the “friend” must be another Instagram or Facebook account as well as being a mutual follower of your account. Tagging accounts that are not of mutual following will not be counted as an entry. If spamming occurs with non-mutual followed accounts, this can lead to disqualification.
- The winner of a contest will be notified via e-mail unless otherwise specified. You have 48 hours to confirm receipt of this e-mail and then a week to pick up your prize. If you do not meet these deadlines, you forfeit your prize, and another winner will be selected.
- Upon acceptance of your prize, you will be given instructions to claim the prize. Some prizes can be picked up from our office at 9750 Ormsby Station Road, Suite 307, Louisville, KY 40223, between 9 am and 3 pm, Monday through Friday. You can also choose for your prize valued up to $200 to be mailed to you (prizes worth more than $200 must be picked up at the office). When you receive email notification of winning, confirm the mailing option and your desired mailing address by replying. Prizes will be mailed within 24 hours of receiving confirmation. Important: Today’s Publications is not responsible for items lost in the mail. Choose the mailing option at your own risk.
- You must present a picture ID when you come to claim your prize. If you send someone to pick up your prize for you, you must notify us beforehand, and they must also present a picture ID. If you choose to send someone else to pick up your prize, The Company is not responsible if the person you send does not deliver your prize to you.
If you have a question or concern, please email us email@example.com.
11. Revisions; General