Panache Mode Magazine, Inc

Panache Mode Magazine, Inc. Terms and Conditions of Use

This Web Site agreement (the "Agreement") is between you and Panache Mode Magazine, Inc. with a principal place of business at 114-1610 Rue Notre Dame Ouest, Montreal QC H3J 1M1. Use of this Web site Panache Mode Magazine, Inc. Web Site signifies your agreement to the terms and conditions of use set forth below in the Agreement. If you do not agree to the terms and conditions set forth herein, please do not go any further into this site.

Conditions of Use

YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS PANACHE MODE MAGAZINE, INC. WEB SITE. Your continued use of this Panache Mode Magazine, Inc. Web Site indicates your continued acceptance of these terms and conditions. Panache Mode Magazine, Inc. may monitor your use of the Panache Mode Magazine, Inc. Web Site at any time. Use and release of information gathered from the Panache Mode Magazine, Inc. Web Site through such monitoring or other means, including the input by you of information, is governed by the Panache Mode Magazine, Inc. Internet Privacy Policy.

License to Use Panache Mode Magazine, Inc. Web Site and Contents

Subject to the terms and conditions set forth in this Agreement, Panache Mode Magazine, Inc. grants you a non-exclusive, non-transferable, limited right to access, use and display the Panache Mode Magazine, Inc. Web Site and the materials thereon, provided that you comply fully with the terms and conditions of this Agreement. The Panache Mode Magazine, Inc. Web Site is only for your personal noncommercial use. You agree not to interrupt or attempt to interrupt the operation of the Panache Mode Magazine, Inc. Web Site in any way.

Ownership; Restrictions

All material on the Panache Mode Magazine, Inc. Web Site, including without limitation text, images, software, audio and video clips, as defined below (collectively the "Content") is owned or controlled by Panache Mode Magazine, Inc.. The Panache Mode Magazine, Inc. Web Site and the Content are protected by copyright pursuant to Canada copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions displayed on the Panache Mode Magazine, Inc. Web Site.

You may not download, display, reproduce, create derivative works from, transmit, sell distribute, or in any way exploit the Panache Mode Magazine, Inc. Web Site or any portion thereof for any public or commercial use without the express written permission of Panache Mode Magazine, Inc.. You may view and download one (1) copy only of material from the Panache Mode Magazine, Inc. Web Site (unless otherwise specifically indicated) for your personal, non-commercial home use only, provided that you maintain all copyright and other notices contained therein. You may obtain more information on the copyrights, trademarks, and service marks of Panache Mode Magazine, Inc. and its affiliates by viewing the copyright and trademark notices posted on the Panache Mode Magazine, Inc. Web Site.

You may not: (w) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through the Panache Mode Magazine, Inc. Web Site, including without limitation any information residing on any server or database connected to the Panache Mode Magazine, Inc. Web Site; (x) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (y) use the Panache Mode Magazine, Inc. Web Site in any manner with the intent to damage, disable, overburden, or impair the Panache Mode Magazine, Inc. Web Site; or (z) frame the Panache Mode Magazine, Inc. Web Site with any other content or information without the prior written permission of Panache Mode Magazine, Inc..

Panache Mode Magazine, Inc. maintains a policy of termination in appropriate circumstances of users who use the Panache Mode Magazine, Inc. Web Site for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

- Your address, telephone number, and email address;

- A description of the copyrighted work that you claim has been infringed;

- A description of where the alleged infringing material is located;

- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Editing and Disclosure of User Material

Panache Mode Magazine, Inc. reserves the right, but does not have an obligation, to review all materials posted to the Panache Mode Magazine, Inc. Web Site by users, and Panache Mode Magazine, Inc. is not responsible for any such materials posted by users. However, Panache Mode Magazine, Inc. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Panache Mode Magazine, Inc.'s sole discretion are objectionable or in violation of this Agreement.

Panache Mode Magazine, Inc. Rights to Materials Provided by Users

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Panache Mode Magazine, Inc. Web Site, you grant to Panache Mode Magazine, Inc. a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Panache Mode Magazine, Inc. any material or idea submitted by you in any Communications. You waive all rights to any claim against Panache Mode Magazine, Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Panache Mode Magazine, Inc. is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your Communications.

No Responsibility for Transmitted Material

You acknowledge that material transmitted to and from the Panache Mode Magazine, Inc. Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Panache Mode Magazine, Inc. or the Panache Mode Magazine, Inc. Web Site, no confidential, fiduciary, and contractually implied or other relationship is created between you and Panache Mode Magazine, Inc. other than pursuant to this Agreement. Panache Mode Magazine, Inc. shall not be responsible for the payment of any monies to any party in connection with Panache Mode Magazine, Inc.'s use of Communications submitted by you to the Panache Mode Magazine, Inc. Web Site.

Links to Other Web Sites

The Panache Mode Magazine, Inc. Web Site contains links and pointers and sometimes may frame other World Wide Web Internet sites, resources, and sponsors of the Panache Mode Magazine, Inc. Web Site. Links from the Panache Mode Magazine, Inc. Web Site to Web sites maintained by third parties and the framing of third-party sites do not constitute an endorsement by Panache Mode Magazine, Inc. of such third party resources or their contents. Links and frames also do not imply that Panache Mode Magazine, Inc. sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, tradename or logo of Panache Mode Magazine, Inc.. You should direct any concerns regarding any external link to its site administrator or webmaster. Panache Mode Magazine, Inc. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Panache Mode Magazine, Inc. Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Panache Mode Magazine, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Panache Mode Magazine, Inc. Web Site.

Panache Mode Magazine, Inc. may include routing buttons within the Panache Mode Magazine, Inc. Web Sites, the activation of which will allow you to access and learn about Panache Mode Magazine, Inc. and other services provided by Panache Mode Magazine, Inc. or its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES PERTAINING TO THE USE OF SUCH SERVICES.

Third Party Services

You may order services or merchandise through the Panache Mode Magazine, Inc. Web Site from other persons or companies not affiliated with Panache Mode Magazine, Inc. ("Sellers"). All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc. are solely between you and the Seller. You will not consider Panache Mode Magazine, Inc., nor will Panache Mode Magazine, Inc. be deemed, a party to such transactions, whether or not Panache Mode Magazine, Inc. may have received some form of revenue or other compensation in connection with the transaction, or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. PANACHE MODE MAGAZINE, INC. MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH A PANACHE MODE MAGAZINE, INC. WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH A PANACHE MODE MAGAZINE, INC. WEB SITE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK.

Indemnification

You agree to indemnify, defend and hold Panache Mode Magazine, Inc., and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of or failure to use the Web Site, Panache Mode Magazine, Inc. or any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Panache Mode Magazine, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Panache Mode Magazine, Inc..

Disclaimer of Warranties and Damages; Limitation of Liability

THE PANACHE MODE MAGAZINE, INC. WEB SITE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PANACHE MODE MAGAZINE, INC. WEB SITE) ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PANACHE MODE MAGAZINE, INC. DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE PANACHE MODE MAGAZINE, INC. WEB SITE; OR THAT THE PANACHE MODE MAGAZINE, INC. WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PANACHE MODE MAGAZINE, INC. AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE PANACHE MODE MAGAZINE, INC. WEB SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO PANACHE MODE MAGAZINE, INC.'S NEGLIGENCE.

UNDER NO CIRCUMSTANCES SHALL PANACHE MODE MAGAZINE, INC. OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE PANACHE MODE MAGAZINE, INC. WEB SITE, EVEN IF PANACHE MODE MAGAZINE, INC. OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PANACHE MODE MAGAZINE, INC. OR ITS SUBSIDIARIES OR AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

Changes to Agreement

Panache Mode Magazine, Inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting an amended version of the Agreement on the Web Site. Changes in this Agreement will be effective when posted. Your continued use of the Web Site after any changes to this Agreement are posted will be considered acceptance of those changes.

Termination

Panache Mode Magazine, Inc. may terminate, change, suspend or discontinue any aspect of the Panache Mode Magazine, Inc. Web Site at any time. Panache Mode Magazine, Inc. may also impose limits on certain features and services or restrict your access to part or all of the Panache Mode Magazine, Inc. Web Site without notice or liability.

General Provisions

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK.

We control and operate the Panache Mode Magazine, Inc. Web Site from our offices in Canada. We do not represent that the materials on the Panache Mode Magazine, Inc. Web Site are appropriate or available for use in other locations. Persons who choose to access the Panache Mode Magazine, Inc. Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Agreement constitutes the entire agreement between Panache Mode Magazine, Inc. and you with respect to your use of the Panache Mode Magazine, Inc. Web Site. Any cause of action you may have with respect to your use of the Panache Mode Magazine, Inc. Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

This Site and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of Panache Mode Magazine, Inc..

TRADEMARK NOTICE

PANACHE MODE MAGAZINE, INC., MEN'S MODE, BEAU CADEAU and other related marks used on the Panache Mode Magazine, Inc. Web Sites are trademarks or service marks of Panache Mode Magazine, Inc..

You may not use the foregoing marks, trademarks or service marks, logos or other identifiers without the prior written authorization of Panache Mode Magazine, Inc. and/or the trademark owner.