Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The www.wellandgoodnyc.com Web site (the “Web Site” or “www.wellandgoodnyc.com”) is provided by Well + GoodNYC (“Well + Good”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by Well+Good. By using this site, you are deemed to have agreed to these terms and conditions of use. Well+Good may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on www.wellandgoodnyc.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.
This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a ” Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Well+Good reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, ” Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
* “Stalk” another;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* Harm minors in any way;
* Impersonate any person or entity, including, but not limited to, a Well+Good official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
* Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
* Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
* Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
* Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Well+Good is not responsible for material submitted to Well+Good or posted to the Web Site by users. Well+Good does not pre-screen, monitor, review or edit the Content posted by users. However, Well+Good and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Well+Good’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Well+Good is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Well+Good. You agree to immediately notify Well+Good of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Well+Good may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Well+Good, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Well+Good assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to www.wellandgoodnyc.com.
Any or all Content on the Web Site may be purged periodically in Well+Good’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Well+Good or submitted to Well+Good, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Well+Good, and Well+Good does not support or endorse Content (including any Contribution, whether or not edited by Well+Good or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Restrictions On Use of Material
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
In operating this site, Well+Good does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Well+Good mail and email addresses, or in any other way. Any information or material submitted or sent to Well+Good, will be deemed not to be confidential or secret. By submitting or sending information or other material to Well+Good you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant Of Limited License
By communicating with Well+Good, including submitting or sending Content, a Contribution or other information or material to www.wellandgoodnyc.com, you grant Well+Good the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Well+Good feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Well+Good.
You also warrant that any “moral rights” in posted materials have been waived.
You may be able to link to third parties’ Web Sites (“Linked Sites”) from the Well+Good Web Site. Linked Sites are not, however, reviewed, controlled, or examined by Well+Good in any way and Well+Good is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Well+Good’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Well+Good be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Well+Good reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to www.wellandgoodnyc.com. To seek our permission, you may write to [email protected] We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Contests, Promotions, Simulations or Games
>From time to time, Well+Good may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Contests”). To participate in Contests, subscribers may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Well+Good. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Contest, unless the description of the Contest expressly invites a user to register multiple times. Well+Good, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Well+Good and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Contest located on, or accessed through, the Web Site. Well+Good is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Contest and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Contest is conducted, are subject to immediate disqualification and revocation of their registration. Well+Good is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Contest may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Contest.
Well+Good reserves the right to cancel, terminate or alter any Contest or the rules thereof at any time without prior notification.
Advertising Policy, Affiliate Disclosure and Third Party Websites
Well+Good accepts paid advertisements including but not limited to CPC (cost-per-click) advertisements and banner advertisements; furthermore, Well+Good does, from time to time, participate in affiliate programs. When you click on some, but not all, links at Well+Good or purchase from some, but not all, companies mentioned at Well+Good, Well+Good and its administrator will earn money from these programs. Well+Good does not conduct paid reviews; however, Well+Good will accept product to review.
Well+Good does not endorse, make claim to or verify any of the information found on third-party websites including advertisers and affiliates. Your use of third party sites is at your own risk.
Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of Well+Good and its affiliates or licensors. As between Well+Good and you, Well+Good is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. Well+Good may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Well+Good may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.