TERMS OF USE

Welcome to this Philadelphia Magazine/Metro Corp. Web site (the "Site"). Philadelphia Magazine maintains this Site for your personal entertainment, information, education, and exchange of ideas. Please feel free to browse and use the Site. Your access to and use of the Site, however, is subject to the following Terms of Use and our Privacy Policy, (collectively, the "Terms and Conditions"), as well as all applicable laws. YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS. By proceeding to use this Site you are agreeing and consenting to these Terms if Use and other posted policies on the Site, which have the same force and effect as if you had physically signed an agreement containing these terms.

The following Terms of Use govern the use of phillymag.com online services ("Services") including, without limitation, participation in its bulletin boards, Forums, personal advertisements, chats and all other areas as provided by Philadelphia Magazine/Metro Corp. ("Philadelphia"). Please read these provisions carefully.

We reserve the right to modify the Terms of Use at anytime, and/or to change or discontinue any aspect or feature of the Site, including but not limited to hours of availability or content, including, but not limited to adding fees and charges for use. It is your responsibility to review these Terms of Use prior to each use of the Site or an associated Forum of the Site. Any change in the Terms of Use shall become a part of these Terms of Use and shall apply as soon as the change(s) is/are posted.

Whenever you use the Site, submit any content, through uploading of material, posting comments and providing any other content to the Site you hereby agree to be bound by these Terms of Use, and any and all subsequent modifications, as contractual obligations. Your use of the Site is contingent upon the foregoing Terms of Use agreement, and if you should not agree with any of the terms herein, you should immediately cease the use of all portions of the Site.

Please do not use this Site if you do not accept or become dissatisfied with these Terms of Use and any and all modifications that may occur. Your failure to adhere to these Terms of Use may result in the suspension or termination of your access to the Site, without notice.

Restrictions on Use/Subscriber Conduct

A. Everything you see or read on the Site is the property of Philadelphia Magazine/Metro Corp. This property and material is protected by copyright and trademark laws, and may not be used except as provided in the Terms of Use without the written consent of Philadelphia magazine and/or Metro Corp.

B. You may download one copy of material displayed on the Site on a single computer for personal, noncommercial home use only, provided that you neither change nor delete any author attribution, trademark, service mark, copyright notice, or similar legend contained on the material. You may not, however, copy, distribute, republish, modify, transmit, or in any way use the content of the Site for public or commercial purposes without Philadelphia Magazine's and Metro Corp.'s written permission. This includes the Site's text, images, audio, and video.

C. You may not in any way make commercial or unauthorized use, by publication, re-transmission, distribution, performance, caching, linking or otherwise, of any content or material obtained from the Site.

D. The Site contains copyrighted material, trademarks and other proprietary information, including but not limited to, text, software, code, photos, video, graphics, music and sound. The contents of the Site are protected as a collective work under the United States copyright laws, including but not limited to the compilation of content, design organization, graphics, advertising and the "look and feel" of the Site. A subscriber is prohibited from publishing, modifying, transmitting or participating the sale or creation of any derivative work of the content, and is prohibited from exploiting the content in any manner. No copying, redistribution, publication or commercial exploitation of the content or any downloaded material will be permitted without the express written consent of Philadelphia Magazine or Metro Corp.

E. Images of people or places displayed on the Site are either the property of, or used with permission by, Philadelphia Magazine and/or Metro Corp. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless specifically permitted by these Terms of Use or specific written permission is provided by Philadelphia Magazine or Metro Corp.

F. The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Site, including, but not limited to, "Best of Boston," "Boston Magazine," "Boston Magazine's Home & Garden," "Boston Weddings," "Boston Home," "Best of Philly," "New England Travel & Life," "Elegant Wedding," "Boston Magazine Concierge," "Philly Cooks," "Philadelphia," "Boston," "Design Home," "Philadelphia Magazine Traveler," "Philly's Most Wanted Singles," "Boston's Most Wanted Singles," "Metrocorp Marketing," "Metrocorp Publishing," "Philadelphia Home," "Philadelphia Wine Festival," "Boston, Inc.," and "Mid-Atlantic Weekends," are registered and unregistered Trademarks of Metro Corp. and others. You may not use the Trademarks without the written permission of Philadelphia magazine.

Prohibited Conduct

It is a condition of your use of a Philadelphia magazine Forum and this Site that you do not:

A. Restrict or inhibit any other user from using and enjoying the chat, club, forum, and/or message board;

B. Post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, scandalous, inflammatory, obscene, racist, vulgar, pornographic, hateful, profane, or offensive material of any kind, including any material that would violate any local, state, national or international law or give rise to any civil or criminal liability;

C. Post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual right;

D. Post or transmit any material containing software viruses or similar disabling devices; or

E. Post or transmit any unsolicited advertising, material that is junk mail, encrypted or invades a person's privacy, or encourages any conduct that would constitute a criminal offense or give rise to any civil liability or that violates any local, state, federal, national or international law or regulation.

F. Disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware and/or servers in any manner, and you agree not to impede or interfere with the use of the Site by other persons nor alter or tamper with any content or information associated with the Site.

Trademark

Philadelphia Magazine and Metro Corp., or our licensors, may have additional trademark rights in other marks contained in the Content, other than the Trademarks identified herein.

Nothing contained in the Site grants any express or implied right to use any of the Marks or the trademarks of third party licensors without the prior written consent of Philadelphia Magazine, Metro Corp. or any of their licensors. Any and all goodwill generated by the trademarks will inure to the benefit of Philadelphia Magazine, Metro Corp.

Copyright

You hereby acknowledge that the Content of this Site is protected by copyrights and other proprietary rights. All Content is and shall remain the property of Philadelphia Magazine, Metro Corp. or any of their licensors. No reproduction, modification, transmit ion (including by way of email, facsimile or other similar electronic means), publication, sale, transfer, copy or derivative work creation, distribution, performance, display, any other exploitation or any other use of the property that is or may be a violation of the copyrights of Philadelphia Magazine, Metro Corp. or any of their licensors in the Content of this Site may be made by you.

You must abide by all additional copyright notices or restrictions contained in this Service. Nothing on the Site may be copied or repurposed without permission, unless explicitly stated otherwise.

All Content is hereby copyrighted by Metro Corp.

Copyright © 2008 Metro Corp. All rights reserved.

Notice of Copyright Infringement

Philadelphia Magazine and Metro Corp., respect the rights of all copyright, trademark and intellectual property owners. To that end, Philadelphia Magazine and Metro Corp. have implemented a policy to suspend or terminate the access of and take action against users, subscribers and account holders who violate the rights of copyright, trademark and intellectual property owners.

If you believe that your work has been copied in a manner that constitutes a copyright infringement, or that the Site contains links or other references to another on-line location that contains content that infringes your rights, please notify us by contacting our designated agent for notification of claimed infringement: Robert A. Bertsche, Esq., Prince, Lobel, Glovsky & Tye LLP, 100 Cambridge Street Boston, MA 02114. Telephone number: (617) 456-8018. Email: rbertsche@PrinceLobel.com.

Be sure to include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:

1. A physical or electronic signature of a person authorized on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed 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;

3. Information reasonably sufficient to permit use to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party can be contacted;

4. 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

5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

After receiving notification of an alleged copyright infringement, Philadelphia Magazine and/or Metro Corp. will remove or disable access to such material pending further review. Philadelphia Magazine and Metro Corp. reserve the right to remove posted materials and to terminate a party's access to this Site due to copyright infringement(s).

NOTE: Only copyright complaints should be sent to the agent. No other communications will be accepted or responded to by the agent.

Disclaimers of Warranties and Limitations of Liability

Metro Corp. d/b/a Philadelphia magazine and its parents, subsidiaries, affiliates, partners, employees, agents, and independent contractors (collectively "Philadelphia magazine") make no representations, either expressly or by implication, regarding the information, products, services, and material provided on this Web site, or any information, products, or services that are available, advertised, or sold through this Web site. This Site and all information, products, services, and links to other Web sites are provided "as is" without warranty of any kind, including implied warranties of merchantability and fitness for a particular purpose, warranties of reliability, accuracy, title or infringement, or any other type of warranty, guarantee or representation, whether oral, in writing or in electronic form. In no event shall Philadelphia magazine be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or connected in any way with the use of, or inability to use, any material on this Site even if Philadelphia magazine has been advised of the possibility of such damages.

Further Philadelphia magazine makes no warranties as to uninterrupted service, or error free service, loss of transmitted information, or that no viruses will be transmitted on the site.

This disclaimer of liability applies to any damages or injury caused by 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, alteration of, or use of record, whether from breach of contract, tortious behavior, negligence or under any other cause of action.

You use this Site at your own risk. We assume no responsibility, and shall not be liable, for any damage to your computer equipment or other property on account of your use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Neither Philadelphia Magazine, Metro Corp. or any of its affiliates, subsidiaries or its or their officers, directors, employees or assigns, guarantees the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the Site.

Medical Information

THE AUTHOR PROVIDES THE SITE IN ITS ENTIRETY, INCLUDING ITS CONTENT, SERVICES AND DATA (collectively, “Information”) CONTAINED THEREIN, ONLY FOR INFORMATIONAL PURPOSES. NO MEDICAL ADVICE IS PROVIDED ON THE SITE, AND THE INFORMATION SHOULD NOT BE USED OR UNDERSTOOD TO BE MEDICAL ADVICE. No Information on this Site is intended to be a substitute for professional medical advice, diagnosis or treatment from a licensed and experienced physician or health care professional and should not be used or relied on in making any health care decisions. Additionally, your use, access or browsing of his site does not constitute a patient-physician relationship between you, the Site and any author of Information on this Site. By use of this Site you agree that you shall not make any medical or health-care related decisions based on the Information contained on this Site.

This Site does not recommend or endorse any specific products, physicians, health care professionals, opinions or other Information that appears on the site. Any reliance on such information is at your sole risk.

If you believe that you have a medical emergency contact your doctor and/or call 911 immediately. This Site should not be used as a substitute for such emergency action.

Any and all opinions of authors on this Site are simply opinions of the author and not as certified facts. Opinions of the author on the Site are or have been stated based on specific facts or beliefs, under certain conditions, and subject to certain assumptions, and may not and should not be used and not relied upon for any other purpose, including, but not limited to, use in or in connection with any medical or health care decision or legal proceeding.

The Information may be changed at any time and without notice and carries no guarantee to be complete, correct, timely, current or up-to-date. Some or all of the Information may become out-of-date. The author accepts no obligation and has no intention to update any Information on the Site. The author reserves right to alter or delete any site information without notice at any time.

The Site and the Content are provided on an "as is" basis.

Hyperlinks

For your convenience and information, we may post hyperlinks on the Site to other sites on the World Wide Web maintained by third parties. These hyperlinks do not indicate Philadelphia Magazine's endorsement or sponsorship of, or our affiliation with, such sites, and Philadelphia Magazine neither has control over, nor is responsible for, their content. We advise you to educate yourself about the privacy policy and terms of use of any web-site that you visit.

Other sites may link to this Site only through a plain-text link. We reserve the rights to require termination of any link any to this Site, at our discretion at any time.

Please remember that the use of any software downloaded from the Internet may be governed by a license agreement and your failure to observe the terms of such license agreement may result in an infringement of intellectual property rights of the relevant software provider which we are not in any way responsible.

Please be mindful that when you click on a link and leave our website you will be subject to the terms of use and privacy policies of the other website that you are going to visit.

You assume complete responsibility in your use of any external site. You should direct any concerns regarding any external link to its site administrator or webmaster.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Chats, Clubs, Blogs, Forums, and Message Boards

We encourage you to use the Philadelphia magazine chats, clubs, forums, blogs, bulletin boards, and message boards (collectively, the "Forums"). Please note, however, that users of the Forums must adhere to the guidelines below and are expected not to engage in any of the Prohibited Conduct described in these Terms of Use. Any visitor who fails to comply with these Terms of Use may be expelled from a Forum by a Philadelphia magazine moderator or host. In addition, we retain the sole discretion and right to edit or remove any information that you post on the Site ("User Content") for any reason whatsoever.

Any Forum is provided for informational purposes only. The opinions that appear on any of the Forums are the opinions of the individual author(s) only and may not reflect the opinions of Philadelphia Magazine or Metro Corp., its parents or affiliates.

You understand that all postings, messages, text, files, images, photos, video, sounds or other materials ("Content"), posted on, transmitted through, or linked from the Site or any of the Public Forums, are the sole responsibility of the person from whom such Content originated. More specifically, you understand that you are entirely responsible for your own submissions and the consequences of posting or publishing them.

A subscriber is responsible for ensuring that any and all material provided to the Site or posted on the Site or an associated board, chat room, forum or message board, including but not limited to text, photographs and sound does not violate any copyright, trademark trade secret or any other personal property or proprietary rights of any third party.

No child under age 13 may participate in a Philadelphia Magazine Forum. This Site is not intended for users under the age of 13, and Philadelphia Magazine nor Metro Corp. collect any personally identifiable information from users of the Site under the age of 13. Such users are expressly prohibited from submitting any personally identifiable information and from using any chats, clubs, forums and message boards. Any such information will not be knowingly used, posted or retained by Philadelphia magazine or Metro Corp. Please review the Prohibited Conduct described in these Terms of Use before using a Philadelphia magazine Forum.

Neither Philadelphia Magazine nor Metro Corp. assumes any responsibility for the content of the Forums. Although we may from time to time monitor or review User Content, Philadelphia Magazine has no obligation to do so and assumes no responsibility or liability arising neither from User Content nor for any error, defamation, omission, falsehood, obscenity, pornography, profanity, or inaccuracy contained in User Content. Philadelphia Magazine and/or Metro Corp. shall have the right, in its sole discretion to edit, refuse to post or remove any material submitted or posted. TO THE FULLEST EXTENT POSSIBLE, PHILADELPHIA MAGAZINE AND METRO CORP. DISCLAIMS ALL RESPONSIBILITY FOR THIRD-PARTY CONTENT, WHICH MAY, BY ITS VERY NATURE, CARRY OFFENSIVE, INACCURATE, MISLEADING, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE MATERIAL.

By submitting User Content to this site, you hereby grant Philadelphia Magazine and Metro Corp. an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Content (or any portion thereof) in perpetuity, and Philadelphia Magazine and Metro Corp. may sublicense all or part of its rights under this license or assign them to third parties.

By submitting User Content to this site, you represent and warrant that the User Content is your original work, that the User Content does not violate any agreement between you and a third party, and that the User Content shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless Philadelphia Magazine and Metro Corp. and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys' fees and costs) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.

You should be aware that when submitting User Content, your submissions are public, not private communications. It is important to remember that when you voluntarily disclose personal information, that information can be collected and used by others and may result in unsolicited messages from other people. Philadelphia Magazine and/or Metro Corp. are not liable for any voluntary disclosure of personal information on the Site by you.

You agree not to interrupt, or attempt to interrupt, the operation of the Site or Public Forums in any way. Unauthorized use or modification of any information stored on the Site or Public Forums may result in criminal and/or civil prosecution under federal, State and local law. You may not use the Site or Public Forums for anything other than a lawful and legitimate purpose, nor use the Site or Public Forums in violation of local, state, national or international laws, and you will not submit material that encourages any other person to violate such laws. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site or Public Forums.

You agree that you will not pose as another person or allow any other person or entity to use your identification for posting or viewing comments. You will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Site, or engage in conduct that exposes Philadelphia or its visitors to liability or detriment of any kind.

You acknowledge that you have no expectation of privacy with regard to any submission to a Philadelphia Forum. It is advisable that you do not post comments that you will later regret since we will not remove your comments simply because you have a change of heart about making them. You agree that no content submitted by you will include a photograph of another person that you have posted without that person's consent.

Additionally, entries that are unsigned or contain "signatures" by someone other than the actual author may be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or any other policies governing this site.

Philadelphia reserves the right to remove any user submission entirely at its discretion, including for alleged violations of terms of service.

We expect that you will exercise caution, common sense, and proper judgment when using the Site or Public Forums. If you disagree with any material you find on the Site or Public Forums, we recommend that you respond by noting your disagreement in civil terms in an appropriate forum or comment posting. We also invite you to bring to our attention any material you believe to be factually inappropriate or in violation of the Terms of Use Agreement by contacting us at: privacy@phillymag.com. If at any time you become dissatisfied with the content of Philadelphia, please immediately discontinue your use.

Philadelphia assumes no responsibility for actively monitoring the Public Forums for inappropriate Content. If at any time Philadelphia chooses, in its sole discretion, to monitor the Public Forums, Philadelphia nonetheless assumes no responsibility for the user Content submitted to the Public Forums, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user supplying the Content to the Public Forums. You agree that Philadelphia accepts no liability whatsoever if it determines to prevent any user Content from being submitted, or if it edits, or removes the Content.

We will fully cooperate with any law enforcement authorities or court order requesting or directing Philadelphia magazine to disclose the identity of anyone posting any such information or materials. You expressly acknowledge and agree that Philadelphia Magazine may preserve and disclose any User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms and Conditions; (3) respond to claims that any User Content violates the rights of third parties; or (4) protect the rights, property, or personal safety of Philadelphia Magazine, users of the Site, and the public. You further acknowledge and agree that data collected and maintained by Philadelphia Magazine with regard to its users may be disclosed in accordance with Philadelphia Magazine's Privacy Policy.

Ideas You Send to Us

Philadelphia Magazine and/or Metro Corp. is/are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, publishing, and marketing products using such information, without compensation to you.

Indemnification

You hereby agree to indemnify and hold harmless Philadelphia Magazine and/or Metro Corp., its affiliates and their respective directors, officers, employees, agents and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any acts through your use of the Site.

Termination

Philadelphia Magazine and/or Metro Corp may terminate this Agreement at any time, for any reason, with or without notice.

Privacy Policy

Philadelphia magazine is committed to protecting your privacy and security. We have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Orders for Subscriptions and/or Merchandise

We use a secure protocol to provide that ordering information including credit card information is sent directly to Philadelphia Magazine, and that only Philadelphia Magazine can decode it. We are not responsible for the loss of such information as a result of technical problems or theft. We have no responsibility for the shipping or performance of products provided by third parties.

Legal Disclaimer

The Contents of this Site contain information regarding for the convenience of Philadelphia users and other interested users. The Content of this Site is provided only for informational purposes. Philadelphia endeavors to maintain the Content of the Site in an accurate and up to date fashion, however, Philadelphia makes no guarantee nor any warranty is made as to the accuracy of the Content. All content is subject to change.

As the Content is for general informational purposes only, the Content is not offered for nor should be construed as advice, including but not limited to investment or legal advice, or a substitute for consultation with legal counsel or investment professionals for specific advice.

Miscellaneous

These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the any principles of conflicts of law rules. You agree that any litigation that arises out of or related to these Terms and Conditions will be filed only in the state or federal courts located in Philadelphia, PA, and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigation. If any provision of these Terms and Conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions, and will not affect the validity and enforceability of the remaining provisions.