Terms of Use

1. Your Acceptance

1. By using or visiting the Lifestyle Publications website or any Lifestyle Publications products, software, data feeds, and services provided to you on, from, or through the Lifestyle Publications website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), and (2) Lifestyle Publications’Privacy Policy, found at https://www.lifestylepubs.com/privacy-policy and incorporated herein by reference. If you do not agree to any of these terms or the Lifestyle Publications’Privacy Policy, please do not use the Service.
2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://www.lifestylepubs.com/terms-of-use. Lifestyle Publications may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service

1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, graphics, photos, and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Lifestyle Publications, including but not limited to all products, software and services offered via the Lifestyle Publications website, including the ability to manage an account, make payments, select or upload ads, the ability to upload calendar items and Good Times events, and all functionality within the client and editorial portals.
2. The Service may contain links to third party websites that are not owned or controlled by Lifestyle Publications. Lifestyle Publications has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Lifestyle Publications will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Lifestyle Publications from any and all liability arising from your use of any third-party website.
3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

3. General Use of the Service—Permissions and Restrictions
Lifestyle Publications hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

1. You agree not to distribute in any medium any part of the Service or the Content without Lifestyle Publication’s prior written authorization, unless Lifestyle Publications makes available the means for such distribution through functionality offered by the Service.
2. You agree not to alter or modify any part of the Service.
3. In your use of the Service, you will comply with all applicable laws.
4. Lifestyle Publications reserves the right to discontinue any aspect of the Service at any time.

4. Your Content

1. You may submit Content to the Service. You understand that Lifestyle Publications does not guarantee any Content you submit will be posted or otherwise used and you agree any Content you submit may be altered in whole or in part by Lifestyle Publications without notice.
2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Lifestyle Publications all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Lifestyle Publications, you hereby grant Lifestyle Publications a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Lifestyle Publications’ (and its successors’ and affiliates’) business without limitation. The above licenses granted by you are perpetual and irrevocable.
4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Lifestyle Publications all of the license rights granted herein.
5. You further agree that you will not submit to the Service any Content or other material that is contrary to Lifestyle Publications’ family-friendly and community-friendly purpose and public image or contrary to applicable local, national, and international laws and regulations.
6. Lifestyle Publications does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Lifestyle Publications expressly disclaims any and all liability in connection with Content. Lifestyle Publications does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Lifestyle Publications will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Lifestyle Publications reserves the right to remove Content without prior notice.

5. Content Removal Policy

Lifestyle Publications reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, and may at any time, without prior notice and in its sole discretion, remove such Content.

 

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFESTYLE PUBLICATIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. LIFESTYLE PUBLICATIONS MAKES NO WARRANTIES OR EPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
LIFESTYLE PUBLICATIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIFESTYLE PUBLICATIONS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

7. Limitation of Liability

IN NO EVENT SHALL LIFESTYLE PUBLICATIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LIFESTYLE PUBLICATIONS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Lifestyle Publications from its facilities in the United States of America. Lifestyle Publications makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

8. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Lifestyle Publications, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

 

9. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

 

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lifestyle Publications without restriction.

 

11. General

You agree that: (i) the Service shall be deemed solely based in Kansas; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Lifestyle Publications, either specific or general, in jurisdictions other than Kansas. These Terms of Service shall be governed by the internal substantive laws of the State of Kansas, without respect to its conflict of laws principles. Any claim or dispute between you and Lifestyle Publications that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Johnson County, Kansas. These Terms of Service, together with the Privacy Policy at https://www.lifestylepubs.com/privacy-policy and any other legal notices published by Lifestyle Publications on the Service, shall constitute the entire agreement between you and Lifestyle Publications concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Lifestyle Publications’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Lifestyle Publications reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LIFESTYLE PUBLICATIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Nothing contained herein shall limit or supersede the terms of any other contract or agreement between you and Lifestyle Publications, (including Advertising Agreements or independent contractor agreements) but may supplement those contracts or agreements where terms were not included therein.

 

Dated: August 31, 2016