Terms of Use/Legal Terms (last revised April, 2007) Welcome to the Tabu “Thick N’ Sassy” Magazine Web Site (the "Site"). This Site is maintained and hosted by Soul So Deep Entertainment on behalf of Tabu “Thick N’ Sassy” Magazine an affiliate of Soul So Deep Entertainment. Please review the following basic terms that govern your use of this Site (this "Agreement"). Soul So Deep Entertainment grants you permission to view this Site and to download and print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to SOUL SO DEEP ENTERTAINMENT that you will not use this Site for any purpose that is unlawful, immoral, or prohibited by these terms and conditions, and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this Agreement, SOUL SO DEEP ENTERTAINMENT will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Copyrights and Trademarks Unless otherwise noted, all materials, including without limitation, text, logos, images, designs, photographs, video clips, graphics, music and sound, and written and other materials, that appear as part of this Site (including without limitation Tabu “Thick N’ Sassy” Magazine) and this entire Site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the "Intellectual Property") owned, controlled or licensed by Soul So Deep Entertainment its affiliates and subsidiaries (collectively, "Soul So Deep Entertainment") and others. This Site as a whole is protected by copyright and trade dress. Nothing on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. Soul So Deep Entertainment aggressively enforces its intellectual property rights to the fullest extent of the law. The name and logo of Tabu “Thick N’ Sassy” Magazine and the other Soul So Deep Entertainment formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Soul So Deep Entertainment. Soul So Deep Entertainment prohibits use of any logo of Soul So Deep Entertainment or any of its affiliates as part of a link to or from any site unless establishment of such a link is approved in advance by Soul So Deep Entertainment in writing. Fair use of Soul So Deep Entertainment' Intellectual Property requires proper acknowledgment. Other product and company names mentioned in this Site may be the Intellectual Property of their respective owners.
Soul So Deep Entertainment owns a copyright in the selection, coordination, arrangement and enhancement of all content on this Site, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SOUL SO DEEP ENTERTAINMENT and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You shall not submit, upload, post or otherwise make available on or to this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site (including without limitation any postings, blogs, podcasts, essays or other submissions including, without limitation, submissions in connection with contests or promotions), you automatically grant, or warrant that the owner of such material has expressly granted SOUL SO DEEP ENTERTAINMENT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You hereby grant SOUL SO DEEP ENTERTAINMENT the right to edit, copy, publish and distribute any material submitted by you or made available on this Site by you.
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Third Party Articles From time to time the Site may contain articles that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles is correct and the publishing of third party articles shall not in any event be deemed an endorsement by SOUL SO DEEP ENTERTAINMENT or any of its affiliates of the material contained therein. The opinions contained in any such article are not necessarily the opinion of Soul So Deep Entertainment or its affiliates. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subscribers or any other user of this Site are those of the respective author(s) or distributor(s) and not of SOUL SO DEEP ENTERTAINMENT. Neither SOUL SO DEEP ENTERTAINMENT nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, subscriber, or other user not under contract with SOUL SO DEEP ENTERTAINMENT. SOUL SO DEEP ENTERTAINMENT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site by anyone other than authorized SOUL SO DEEP ENTERTAINMENT employee spokespersons while acting in their official capacities. SOUL SO DEEP ENTERTAINMENT undertakes no obligation to monitor any postings, blogs or webcasts; however we reserve the right to remove any such postings at any time in our sole discretion for any or no reason. Under no circumstances will SOUL SO DEEP ENTERTAINMENT or any of its affiliates be liable for any loss or damage caused by a subscriber's reliance on information obtained through this Site. It is the responsibility of a user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Information Updates Postings on this Site are made at such times as SOUL SO DEEP ENTERTAINMENT determines in its discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. SOUL SO DEEP ENTERTAINMENT does not review past postings to determine whether they remain accurate and information contained in such postings may have been superceded. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
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THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER SOUL SO DEEP ENTERTAINMENT NOR ANY OF ITS AFFILIATES IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold Soul So Deep Entertainment and SOUL SO DEEP ENTERTAINMENT harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site.
Contacting Us / Feedback and Communications If you have any questions about this Agreement or the Site, please send us an e-mail, or write us at: Soul So Deep Entertainment, Legal Department, 450 Winks Lane, Bensalem, PA 19020.
Although SOUL SO DEEP ENTERTAINMENT will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), SOUL SO DEEP ENTERTAINMENT does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
All photos, essays, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to SOUL SO DEEP ENTERTAINMENT and its subsidiaries or affiliates on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Communication") shall be and remain the property of SOUL SO DEEP ENTERTAINMENT. Such disclosure, submission or offer of any Communication shall constitute an assignment to SOUL SO DEEP ENTERTAINMENT of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, SOUL SO DEEP ENTERTAINMENT will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. SOUL SO DEEP ENTERTAINMENT is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make. You agree that SOUL SO DEEP ENTERTAINMENT may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity. You agree that SOUL SO DEEP ENTERTAINMENT may (but shall not be obligated to) send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of SOUL SO DEEP ENTERTAINMENT's products or services, or for such other purpose(s) as SOUL SO DEEP ENTERTAINMENT deems appropriate.
Postings SOUL SO DEEP ENTERTAINMENT reserves the right to remove any postings to the Site's bulletin board that it deems offensive, harassing, illegal or otherwise inappropriate. Posting of any message on the bulletin board does not imply any endorsement of the material in such posting. While SOUL SO DEEP ENTERTAINMENT will periodically review the posted materials and attempt to remove offensive postings, it does not represent that such items will not be posted and shall have no liability with respect to any such postings. In addition, SOUL SO DEEP ENTERTAINMENT does not represent that postings will remain on the bulletin board for any period of time. The same may be removed by SOUL SO DEEP ENTERTAINMENT from time to time in its sole discretion. SOUL SO DEEP ENTERTAINMENT may, but is not obligated to, monitor any chat room activity and refuse access to any user it determines, in its sole discretion, is not complying with the terms of use.
General You agree that this Agreement and your use of this Site are governed by the laws of the Commonwealth of Pennsylvania, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Bucks County, Pennsylvania, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. SOUL SO DEEP ENTERTAINMENT has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Bucks County, Pennsylvania, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that SOUL SO DEEP ENTERTAINMENT may at any time and without notice change the terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and SOUL SO DEEP ENTERTAINMENT as a result of this Agreement or your use of this Site.
SOUL SO DEEP ENTERTAINMENT's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of SOUL SO DEEP ENTERTAINMENT's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by SOUL SO DEEP ENTERTAINMENT with respect to such use.
This Agreement constitutes the entire agreement between you and SOUL SO DEEP ENTERTAINMENT with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SOUL SO DEEP ENTERTAINMENT with respect to this Site. No modification of this Agreement shall be effective unless it is authored by SOUL SO DEEP ENTERTAINMENT or its affiliates, or unless it is physically signed by a SOUL SO DEEP ENTERTAINMENT officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by SOUL SO DEEP ENTERTAINMENT in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by SOUL SO DEEP ENTERTAINMENT in printed form.
Copyright 2007 SOUL SO DEEP ENTERTAINMENT, Inc.
All Rights Reserved. April 2, 2007.
Tabu “Thick N’ Sassy” Magazine is a registered trademarks of Soul So Deep Entertainment.