TERMS AND CONDITIONS
The following TOS and any other rules posted on our Site (collectively the "TOS") constitute an agreement between The Grace Issue LLC ("we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the THE GRACE ISSUE website, related micro-sites accessed through the URL www.thegraceissue.com, related domain names, and any other website or micro-site of THE GRACE ISSUE (collectively the "Site").
By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including THE GRACE ISSUE Software and all HTML and other code contained in this Site, shall remain at all times vested in THE GRACE ISSUE and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by THE GRACE ISSUE and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. THE GRACE ISSUE tries to ensure that the information on this site is accurate and complete. THE GRACE ISSUE does not warrant or represent that THE GRACE ISSUE's Content is accurate, error-free or reliable or that your use of THE GRACE ISSUE's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. THE GRACE ISSUE does not warrant that the functional aspects of the Web Site or THE GRACE ISSUE's Content will be error free or that this Web Site, THE GRACE ISSUE Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or THE GRACE ISSUE's Content results in the need for servicing or replacing property, material, equipment or data, THE GRACE ISSUE is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. THE GRACE ISSUE and its suppliers make no warranties about THE GRACE ISSUE Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. THE GRACE ISSUE reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that THE GRACE ISSUE is not liable to you or any third party for any such withdrawal.
Opinions expressed on THE GRACE ISSUE are the personal opinions of the authors and do not reflect the views of THE GRACE ISSUE. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to THE GRACE ISSUE a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but THE GRACE ISSUE does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail email@example.com . THE GRACE ISSUE reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of THE GRACE ISSUE and we accept no responsibility for any such views expressed in any media.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than THE GRACE ISSUE, including advertisers. THE GRACE ISSUE has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While THE GRACE ISSUE will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless THE GRACE ISSUE immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
- (a) Complete Terms: The TOS constitute the whole legal agreement between you and THE GRACE ISSUE and govern your use of the Services and completely replace any prior agreements between you and THE GRACE ISSUE in relation to the Services. Notwithstanding the foregoing, you understand that THE GRACE ISSUE may make changes to the TOS from time to time. When these changes are made, THE GRACE ISSUE will make a new copy of the TOS available at http://www.thegraceissue.com. You agree that THE GRACE ISSUE is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
- (b) Modifications to the Services: THE GRACE ISSUE is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which THE GRACE ISSUE provides may change from time to time without prior notice to you. You further acknowledge and agree that THE GRACE ISSUE may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at THE GRACE ISSUE's sole discretion, without prior notice to you.
- (c) Confidentiality: You understand that THE GRACE ISSUE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. THE GRACE ISSUE reserves the right to revoke these exceptions either generally or in specific cases.
- (d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that THE GRACE ISSUE has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which THE GRACE ISSUE may suffer) of any such breach.
- (e) Rights Not Waived: You agree that if THE GRACE ISSUE does not exercise or enforce any legal right or remedy which is contained in the TOS (or which THE GRACE ISSUE has the benefit of under any applicable law), this will not be taken to be a formal waiver of THE GRACE ISSUE's rights and that those rights or remedies will still be available to THE GRACE ISSUE.
- (f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
- (g) Governing Law: The TOS, and your relationship with THE GRACE ISSUE under the TOS, shall be governed by the laws of the State of New York. You and THE GRACE ISSUE agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
- (h) Violation of TOS: Please report any violations of the TOS by emailing firstname.lastname@example.org.
- (i) Independent Relationship: You and THE GRACE ISSUE are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and THE GRACE ISSUE. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.