Last Updated September 16, 2011
We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
If you have any questions regarding the meaning or application of this Agreement, please direct your questions to firstname.lastname@example.org.
Member Sign In
When contributing feedback on the Site such as making comments , you will be asked to select a screen name ("Screen Name"). You may not choose a Screen Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Screen Name in our sole discretion. Your Screen Name and password are for your personal use only, and may not be used by any other person. You agree not to transfer or resell your use of or access to the Site (including your Screen Name and password) or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, Screen Name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Member information, and immediately notify us by emailing us at email@example.com. You are solely responsible for maintaining the confidentiality of your Screen Name and password and for any and all activities (including purchases) that are conducted through your account.
We welcome you to visit and participate in the "Community" or "Share" section of the Site ("Community/Share"). Community/Share may include elements such as a User Profile, Save Option, Comment Service, Rating Service, Personalized URLs, Bulletin Board service (such as message boards on the Site), Q&A Hours, and other interactive services we may offer from time to time. We value your participation in Community/Share and ask you to please help us to maintain a friendly, safe and informative environment by abiding by these Term of use as well as any Community/Share rules and guidelines posted on those sections of the Site. Information provided in Community/Share may be provided by our staff, special guest experts, or by contributors and users not connected with us, some of whom may use anonymous screen names. The opinions expressed in the Community/Share are not necessarily those of MSO. All statements, advice, opinions expressed, and content provided, by Members in Community/Share are those of such Members only, and we neither endorse nor shall we be held responsible for the reliability or accuracy of such postings. We are not responsible for information or materials made available in Community/Share (including errors or omissions in Community/Share postings, content or links and images embedded in Community/Share postings and/or content) or results obtained by using such information or materials. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings in Community/Share and/or the Site.
Information, including "Personally Identifiable Information" (any information which can be used to identify a specific individual, such as a name, postal address, telephone number, or email address), which is posted in Community/Share will be accessible to other Members participating in Community/Share, including people you may not know and whose actions we may not control. Making this information available on the Site may result in a Member receiving "spam" or unsolicited e-mail. Members are encouraged to use discretion when communicating with others and/or disclosing Personally Identifiable Information online. In addition, MSO has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through Community/Share or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN COMMUNITY/SHARE, YOU DO SO AT YOUR OWN RISK.
Interactions with Site Users
You are solely responsible and liable for (and MSO shall not be responsible or liable for) your interactions with other Site users. MSO is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise ("Communications"), between you and any other Site user, or any disputes arising therefrom. You agree to release MSO, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any other Site user.
Please note that we do not accept unsolicited materials or ideas for use in our publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and that you are waiving any claim against MSO or our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.
Sweepstakes and Contests
The Site is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Site. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. Decisions as to whether such content violates our standards may be made in our sole discretion, after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on the Site. Without limitation, your use of the Site is conditioned on your compliance with the guidelines set forth in this section, as well as any rules and guidelines that may be posted on particular sections of the Site, and any failure to comply with such guidelines may result in termination of your access to the Site pursuant to the "Termination" section below.
You may not post or transmit any material or content on or through the Site:
- that violates or infringes in any way upon the rights of others;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- that is protected by copyright, trademark, trade secret or any other proprietary right;
- that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
- that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
You may not post or transmit on or through the Site:
- advertising or commercial solicitations;
- promotional materials relating to other Web site or online services which are competitive with us and/or the Site;
- software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
- political campaign materials; chain letters; mass mailings; spam mail;
- any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or
- any material, non-public information about a company without the proper authorization to do so.
In connection with your use of the Site, you may not:
- engage in, or encourage or provide instructional materials relating to, any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as "hacking," "cracking," "spoofing," or defacing any portion of the Site;
- harvest or collect information about Site visitors or Members without their express consent;
- use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- create a database by systematically downloading and storing Site content;
- frame or mirror any part of the Site without our prior written consent;
- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
- impersonate any person or entity, including any representative of MSO;
- falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
- remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Copyright 2001-2010 Martha Stewart Living Omnimedia, Inc. All rights reserved.
"Martha," "Martha Stewart," "Martha Stewart Living," "Martha Stewart Weddings," "marthastewart.com," "Martha Stewart Show," "Martha Stewart Radio," "Martha Stewart Everyday," "Martha Stewart Collection," "Martha Stewart Pets," "Whatever, Martha!," "Dinner Tonight," "Good Things," "AskMartha," "Dr. Weil's Self Healing Newsletter," "Blueprint," "Everyday Food," "Body + Soul," "Whole Living," "WholeLiving.com," "Emeril" "Emeril's" and "BAM!" are trademarks and/or service marks of MSO and/or its subsidiaries. Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of MSO. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of MSO's trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.
Certain processes operable on this website and/or functionalities of this website may be covered by one or more of U.S. Patent Nos. 5,937,402; 5,522,077; and 6,101,502.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.
To send a notice or a counter-notice, 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 the allegedly infringing material and of where the allegedly 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.
Name: Christian T. Palmieri, Esq.
Address: Martha Stewart Living Omnimedia, Inc.
601 West 26th Street, 10th Floor -Legal Department
New York, NY 10001
Phone: (212) 827-8000
Fax: (212) 827-8188
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Please note that, because we host Community/Share and other forums on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or your name posted on the Site (collectively, the "Material"), and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material, and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.
Third Party Services and Content
The Site contains services and content supplied by parties other than MSO (such services and content, collectively, "Third Party Services," and such third parties, "Third Party Providers"), including Third Party Services that connect Site users with third party vendors ("Third Party Vendors"). As such, those Third Party Vendors may also have access to Member information provided directly to the site and, if you become a Member via an existing social media account such as Facebook or Twitter, collected from that social media provider.
Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any Third Party Provider or Third Party Vendor, including through any Third Party Service, are those of the respective author(s) or distributor(s) and not of MSO. We are not responsible for such information or materials, including errors or omissions in such information or materials or results obtained by using such information or materials, and shall not be liable for any loss or damage caused by your reliance on such information or materials. MSO does not guarantee the accuracy, completeness, or usefulness of any Third Party Services or such information or materials, nor their merchantability or fitness for any particular purpose.
You are solely responsible and liable for (and MSO shall not be responsible or liable for) your Communications with Third Party Providers and Third Party Vendors. MSO is not involved in, a party to, or responsible for any Communications between you and any Third Party Provider or Third Party Vendor or any disputes arising therefrom. Any such Communications and disputes are specifically and solely between you and the applicable Third Party Provider or Third Party Vendor. Any warranties or representations made with regard to any Third Party Provider, any Third Party Vendor, the conduct of any Third Party Provider's or Third Party Vendor's business, or any products or services featured on any Third Party Service, are made by the applicable Third Party Provider or Third Party Vendor, and not by MSO. You agree to release MSO, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any Third Party Provider or Third Party Vendor. We do not endorse any Third Party Provider or Third Party Vendor, nor do we guarantee the quality of their goods or services, the information that they provide through the Site, or the conduct of their respective businesses. We encourage you to conduct your own research and due diligence into the Third Party Providers and Third Party Vendors.
Certain Third Party Services may require you to provide additional information in order to use them and/or may collect additional information from you while you are using them (for example, by engaging in Communications with Third Party Providers or Third Party Vendors in connection with such Third Party Services). The collection and use of any of your membership information as well as any additional information collected by Third Party Providers may be governed by the privacy policies of the applicable Third Party Provider, and MSO urges you to review any such privacy policies.
YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.
Third Party Sites Linked to and From the Site
We may, for your convenience, provide you with links to other Web sites from the Site (each, a "Linked Site"). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. You acknowledge and agree that we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on any Linked Site.
Other Web sites may provide links to the Site with or without our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to the Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site. MSO shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
YOU AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.
Purchases and Product Descriptions
The following terms and conditions apply to your purchase of any product through the Site (please note that to the extent that your purchase is carried out on a Linked Site, your purchase will be subject to the terms and conditions of use applicable to such Linked Site):
We do not guarantee that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates' endorsement of such products. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases through the Site. Your sole remedy for the purchase of any product from MSO through the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (,-OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW),ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT MSO, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE SITE AT THE INVITATION OF MSO, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE SITE OR THE INFORMATION SET FORTH THEREIN, (B) THE BREACH OF ANY WARRANTY OR, CONTRACT, AND (C) 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 AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF MSO OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MSO NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.
THE SITE CONTENT, AS THAT TERM IS DEFINED ABOVE, INCLUDING WITHOUT LIMITATION TEXT AND GRAPHICS, AND ANY INFORMATION OBTAINED FROM OR PROVIDED BY THIRD PARTIES, AND OTHER MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE RELYING ON THE SITE CONTENT. NEVER AVOID SEEKING PROFESSIONAL MEDICAL ADVICE, OR DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE SITE. RELIANCE ON ANY INFORMATION PUBLISHED ON THE SITE, WHETHER PROVIDED BY MSO, BY OTHERS APPEARING ON THE SITE AT THE INVITATION OF MSO, OR BY PUBLIC VISITORS TO THE SITE, IS SOLELY AT YOUR OWN RISK.
Monitoring; Removal of Content
You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.
Martha Stewart Living Omnimedia, Inc.
601 West 26th Street
New York, NY 10001
If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to:
Martha Stewart Living Omnimedia, Inc.
601 West 26th Street
New York, NY 10001
Attn: Permissions Department
You may fax your request to: (212) 827-8180
Linking To Our Site
If you are interested in linking to the Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to firstname.lastname@example.org.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following Web sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). MSO does not endorse any of the products or services listed at such sites.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by calling us at 1-800-950-0019 (U.S. and Canada toll-free). California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.