FASHIONBEANS.COM TERMS OF USE  

Latest Revisions: May 24, 2018

WELCOME TO WWW.FASHIONBEANS.COM.  MULTIPLY MEDIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“Multiply”) OFFERS THIS WEBSITE AND/OR MOBILE APPLICATION TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”).  PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.  YOUR USE OF THIS WEBSITE AND/OR MOBILE APPLICATION SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW.  By using our website and/or mobile application, you agree to these Terms of Use.  We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.  You should check these Terms of Use periodically for changes.  By using this website and/or mobile application after we post any changes to these Terms of Use, or affirmatively accepting such changes, as may apply, you agree to accept those changes, whether or not you have reviewed them.  IF YOU DO NOT AGREE WITH ANY OR ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THIS WEBSITE OR OUR MOBILE APPLICATION.  IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT PRIVACY@MULTIPLY.COM. The privacy statement of FashionBeans.com is hereby incorporated by reference herein.

IMPORTANT – READ CAREFULLY:  This is a legal agreement between you and Multiply.  By accepting these Terms of Use when prompted by this website and/or mobile application, or by using this website and/or mobile application, as may apply, you agree to be and hereby are bound by the terms and conditions of these Terms of Use.  If you do not agree to these Terms of Use, leave this website and/or mobile application immediately and do not access and/or use this website or our mobile application.

License:  Multiply or affiliated or third parties granting rights to Multiply hold all right, title, and interest in and to the materials on this website and its mobile application, which are the copyrighted work of Multiply or such affiliated or third parties.  Multiply grants you a limited, personal, non-exclusive, non-assignable and non-transferable license to use and display the materials only on your personal computer or handheld device only for purposes associated with your interaction with this website and its mobile application.  Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner, nor may you reverse engineer or attempt to extract the source code of any software used in connection therewith, unless laws prohibit those restrictions or you have our written permission.  This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use.  Upon termination, you must immediately destroy any downloaded and printed materials.  You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website and/or mobile application or any materials and you agree not to “frame” or “mirror” the website and/or mobile application, any material contained on or accessible from this website and/or mobile application on any other server or Internet-based device without the advanced written authorization of Multiply. The Terms of Use apply as long as you use any feature on this website or its mobile application.

General Use Restrictions:  In Multiply’s efforts to promote good citizenship within the Internet community, if Multiply becomes aware of inappropriate use of the website and/or mobile application, Multiply will respond in any way that, in its sole discretion, Multiply deems appropriate.  You acknowledge that Multiply will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct.  When legally required, Multiply will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on our website or the Internet.

User Consent:  You are solely responsible for the profiles (including your name, image, and likeness), reviews, submissions, messages, notes, text, information, photos, video, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through this website or mobile application, or transmit to or share with other users (collectively the “User Content”).  You may not post, transmit, or share User Content on the website or mobile application that you did not create or that you do not have permission to post.  You understand and agree that Multiply may, but is not obligated to, review the website and mobile application and may delete or remove (without notice) any website and/or mobile application content or User Content in its sole discretion, for any reason or no reason, including User Content that, in the sole judgment of Multiply, violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.  You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any User Content you post or store on the website, its mobile application, or provide to Multiply.  You agree that under no circumstances will Multiply be liable in any way for any loss or damage to any User Content you post, e-mail, or otherwise make available to Multiply.

When you post User Content to the website or mobile application, you authorize and direct Multiply to make such copies thereof as Multiply deems necessary in order to facilitate the posting and storage of the User Content on the website or its mobile application.  By posting User Content to any part of this website or mobile application, you automatically grant, and you represent and warrant that you have the right to grant to Multiply an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content. Multiply reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content submitted through the website or its mobile application, provided, however, in the event Multiply desires to use or publish any User Contact for a purpose other than to improve and market its products, Multiply shall obtain consent from the creator of such User Content.

 

In connection with User Content, you further agree that you will not: (i) submit or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, publicity, and publication rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit or post material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business (other than as assigned in a phase or otherwise in an academic context); (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights, and we will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. We may terminate your access to the website or mobile application if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website or mobile application more than twice.  We also reserve the right to decide whether User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

Indemnification for Unauthorized Activities: Any unauthorized use of any materials contained on this website and/or mobile application may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, other applicable laws and regulations and/or the rights of any third party.  You alone are responsible for your actions in relation, and tangential, to your use of this website or its mobile application.  As such, you shall indemnify and hold Multiply and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising directly or indirectly, or for the purpose of avoiding, any claim or demand from a third party that (a) your use of this website or its mobile application, (b) your violation of these Terms of Use, (c) your violation of any applicable law or regulation, or (d) your violation of the rights of any third party.

Third Party Interaction and Links to Third Party Websites:  In your use of this website or its mobile application, you may encounter links to third party websites, services, and advertisements (collectively, “Third-Party Sites & Ads“). Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, interaction, purchase or promotion, is solely between you and the applicable third party. Multiply provides these Third-Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third-Party Sites & Ads at your own risk. When you link to Third Party Sites & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites & Ads. You agree that Multiply has no liability, obligation or responsibility for any such correspondence, interaction, purchase or promotion between you and any such third party including, but not limited to, any third-party credit card processing agency or any third party that accepts credit cards or other types of payments from you. Further, Multiply and its agents or representatives do not endorse or in any respect warrant any third-party products, services, advice or opinions by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its articles and related content.

You agree that Multiply shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals.  If there is a dispute between yourself and any third party, you acknowledge and agree that Multiply is under no obligation to become involved.  In the event that you have a dispute with any such third party, you hereby release Multiply, its agents, affiliates, officers, directors, employees, successors and assigns, from any and all liability associated with such dispute.

Privacy:  The privacy statement for FashionBeans.com is available at http://www.prvaic

Intellectual Property:  All the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in this website and mobile application are owned by Multiply or Multiply’s licensors. The provision of this website and/or mobile application does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Multiply reserves all rights not granted in these Terms of Use.

 

If you provide Multiply any feedback or suggestions (“Feedback“) regarding this website and/or mobile application, you hereby assign to Multiply all rights in the Feedback and agree that Multiply shall have the right to use such Feedback and related information in any manner it deems appropriate. Multiply will treat any Feedback you provide to Multiply as non-confidential and non-proprietary. You agree and affirm you will not submit to Multiply any information or ideas that you consider to be confidential or proprietary.

 

Copyright Policy:  In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC § 512, this website and mobile application have designated an agent to receive notices of claims of copyright infringement:

 

Multiply Media, LLC

Attn:  Vice President of Business Operations

6665 Delmar Boulevard

Suite 3000

St. Louis, MO 63130

Telephone:  (314) 664-2010

Email:  dmca@multiply.com

 

If you believe your copyright has been infringed, you may provide us with written notice. To be effective, the notification must be a written communication that includes the following:

 

  • a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

 

  • information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

 

  • a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Trademarks and Images:  The trademarks, logos, and service marks, including those products or services denoted with TM or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website and/or mobile application are registered or unregistered trademarks of Multiply and its affiliates, and third parties.  If a Trademark and/or Image is owned by a third party, Multiply or its affiliates has obtained or will obtain permission from such third party to use the third party Trademark and/or Image on this website and/or mobile application.  Nothing contained in this website and/or mobile application should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of Multiply, its affiliate, or the applicable third party.  Your misuse of Trademarks and/or Images on the website and/or mobile application, and the respective contents of each, except as provided in these Terms of Use, is strictly prohibited.  You are advised that Multiply will aggressively enforce its intellectual property rights in the website and mobile applications, and each of the same’s contents, to the fullest extent of the law, which may include pursuing criminal sanctions.

 

Disclaimer of Warranties:  Your use of this website and/or mobile application is at your own risk.  This website and/or mobile application may include inaccuracies or errors.  The content contained on the website and/or mobile application has not been independently verified or authenticated in whole or in part by Multiply.  Multiply has no liability for any faults, errors or omissions in any content or other products or services described on the website and/or mobile application, whether provided by Multiply or third parties.

THIS WEBSITE AND/OR MOBILE APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY.  MULTIPLY, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, PRODUCTS, SERVICES, OR CONTENT TO THIS WEBSITE AND MOBILE APPLICATION, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE OR MOBILE APPLICATION INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE DESCRIBED OR OFFERED ON THE WEBSITE AND/OR MOBILE APPLICATION.  FURTHER, WE MAKE NO WARRANTY THAT THE WEBSITE AND/OR MOBILE APPLICATION: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. MULTIPLY ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT.

 

MULTIPLY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE AND/OR MOBILE APPLICATION, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE WEBSITE AND/OR MOBILE APPLICATION, OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL MULTIPLY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE AND/OR MOBILE APPLICATION, ANY CONTENT POSTED ON OR THROUGH THE WEBSITE AND/OR MOBILE APPLICATION, OR CONDUCT OF ANY USERS OF THE WEBSITE AND/OR MOBILE APPLICATION, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE WEBSITE AND/OR MOBILE APPLICATION. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

 

MULTIPLY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE AND/OR MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE AND/OR MOBILE APPLICATION, OR YOUR INABILITY TO USE ANY OF THE SAME, EVEN IF MULTIPLY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSIONS ENUMERATED HEREIN MAY NOT APPLY TO YOU.

Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, MULTIPLY DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Multiply shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to break-down of the World Wide Web or this website and/or mobile application, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other act of God.

Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms of Use (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) Fifty US Dollars ($50.00) and (b) amounts you have paid Multiply in the prior 12 months (if any).  The existence of more than one claim will not enlarge the foregoing limit.  You agree that our affiliates shall have no liability of any kind arising from or relating to these terms of use.

Inaccuracies or Errors: The descriptions, materials, submissions, and other representations of products or services on this website and/or mobile application may contain inaccuracies and errors.  Multiply does not make any warranty or representation with respect to the accuracy or completeness of any such information.  Furthermore, the prices and availability of products or services described on this website and/or mobile application may change without notice to you at any time.

Local Laws; Export Control:  Multiply controls and operates this website, and maintains its mobile application, from its headquarters in the United States of America and makes no representation that the products or services described on the website and/or mobile application are appropriate or will be available for use in other locations.  Unless otherwise explicitly stated, all marketing or promotional materials found on this website and/or mobile application are solely directed to individuals, companies, or other entities located in the United States of America.  If you use this website and/or mobile application from outside the United States of America, you are entirely responsible for compliance with applicable local laws.

Submitting Content:  If you want to submit an article or other content to this website and/or mobile application, please contact us with a description of the content you would like to submit and any additional detail you feel is pertinent to your proposal.  Our publishing team will review your request and, if appropriate, respond to you for further information.  If your article or content is approved, any such submissions you make are subject to our PRIVACY STATEMENT and these Terms of Use.

Contact Details: Contact us at (314) 664-2010 or hello@multiply.com.

Third-Party Content Submissions:  FashionBeans.com may periodically publish content received from third-parties including, but not limited to, articles, illustrations, photographs and other media (“Third Party Content”) in its sole discretion.  This content may, in some circumstances, contain potential personal identifying information of users and other persons.

If you are a third party, such as a photographer, submitting such Third Party Content to the website, you authorize and direct Multiply to make such copies of Third Party Content thereof as Multiply deems necessary in order to facilitate the posting and storage of the Third Party Content on the website or its mobile application.  By submitting Third Party Content to any part of this website or mobile application, you automatically grant, and you represent and warrant that you have the right to grant, to Multiply an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Third Party Content. Multiply reserves the right to modify, translate, republish, reproduce, and/or distribute any and all Third Party Content submitted to website or its mobile application.  Further, by submitting Third Party Content containing any actual or potential personal identifying information of a natural person or persons, including, but not limited to, a photograph of such individual or their first and/or last name(s), to the website and/or mobile application, you represent and warrant to Multiply you have affirmatively obtained consent from such individual to do so. As such, you shall indemnify and hold Multiply and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising directly or indirectly, or for the purpose of avoiding, any claim or demand from any and all parties relating to your submission, and/or the website and/or mobile application’s publication, of Third Party Content.

 

If you are a subject of Third Party Content including, but not limited to, being a subject of the website’s Street Style section and wish to have such Third Party Content revised and/or removed, you may contact us directly at the following email address:  privacy@multiply.com.  Please provide us with (i) a brief description of the Third Party Content that is the subject of your request; (ii) a statement as to what you would like done with the published Third Party Content; and (iii) you email address for purposes of follow-up communication by Multiply.  When you provide us with your email address in this context, its use shall be restricted to purposes solely relating to the revision and/or removal of such Third Party Content.  Once we have processed your request, we will send an email confirmed completion of your request and, if applicable, the deletion of your potential personal identifying information from the website.

Your Representations: You hereby represent and warrant that you are age 18 or older, that you have read these Terms of Use and thoroughly understand the terms contained in these Terms of Use. You further represent that Multiply has the right to rely upon all information provided to Multiply by you, and Multiply may contact you by email, provided you have registered to receive such emails and have not affirmatively opted out of receiving such correspondence after having initially registered to receive such correspondence pursuant to our PRIVACY STATEMENT.

In addition, you agree not to use this website and/or mobile application to:

  • upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  • harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
  • interfere with, disrupt, or create an undue burden on servers or networks connected to this website and/or mobile application, or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to this website and/or mobile application, other computer systems or networks connected to or used together with this website and/or mobile application, through password mining or other means;
  • tamper with any copyright protection mechanisms applicable to content on the website and/or mobile application;
  • introduce software or automated agents or scripts to the website and/or mobile application so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the website and/or mobile application (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website and/or mobile application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

No Class Actions: TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

No Trial By Jury: TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Terms of Use Revisions:  Multiply may revise these Terms of Use at any time without notice by updating this posting. Your continued use of the website and/or mobile application after such modifications have been made, or your affirmative acceptance of such changes, as may apply, will constitute your acceptance of such revised Terms of Use.

Applicable Law:  Any action related to these Terms of Use will be governed by the laws of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction.  You agree to submit to the jurisdiction of the courts located in St. Louis County, Missouri, United States of America, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the website and/or mobile application.

If an action is filed by either party claiming breach of these Terms of Use and we prevail, Multiply and its affiliates shall be entitled to recover reasonable attorneys’ fees, costs, and any damages or other relief that we may be awarded.

If we have to provide information in response to a subpoena related to your account or license, then we reserve the right to charge you for our costs, which may include (but are not limited to) attorneys’ and employees’ time spent retrieving the records, preparing documents, and participating in a deposition.

Entire Agreement. These Terms of Use (including the PRIVACY STATEMENT) constitutes the entire agreement between you and us regarding the use of this website and/or mobile application. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither yourself or Multiply, or its affiliates, is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Multiply’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Use shall be binding upon assignees.

Copyright © 2018 Multiply Media, LLC.  All rights reserved.