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TERMS OF USE

Last Revised AUGUST 16, 2018

These Terms of Use ("Agreement") describe the terms and conditions (the "Terms") applicable to your use of the services of BMK PUBLISHING LLC (dba "Four Magazines" or "FOUR"), available at www.fourmagazines.com, as well as any other websites and online magazines owned and/or operated by BMK PUBLISHING LLC (collectively, the "Site"). By using the Site, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use this Site. We reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Site. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner.

THE COVERED SITES OF FOURFL.COM, FOURMAGAZINES.COM, FOURWEDDINGS, AND ALL MAGAZINES ASSOCIATED ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE COVERED SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. BMK PUBLISHING LLC ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. HEARST IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE COVERED SITES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE COVERED SITES OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL BMK PUBLISHING LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE COVERED SITES, ANY CONTENT POSTED ON OR THROUGH THE COVERED SITES, OR CONDUCT OF ANY USERS OF THE COVERED SITES, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE COVERED SITES. YOU USE THE COVERED SITES AT YOUR OWN RISK. SOME AREAS OF OUR COVERED SITES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH BMK PUBLISHING LLC OR MEMBER OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. BMK PUBLISHING LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE COVERED SITES.

We and the Site function solely as a neutral venue and digital clearinghouse where Visiting Guests/Users, Sponsors and/or Preferred Vendor Members ("said parties") may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between said Parties. As a result, We have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Website, the accuracy of listings, the ability of Preferred Vendors and/or Sponsors to provide items or perform services, the ability of Users, Sponsors and/or Preferred Vendor Members to pay for any goods and services, and we make no representations or warranties and are not liable or responsible for the actions or inactions of Visiting Guests/Users, Sponsors and/or Preferred Vendor Members. FOUR Magazines does not endorse any particular Preferred Vendor Member and/or Sponsor exclusively.

We use techniques to help verify the identity of Sponsors and/or Preferred Vendor Members when they register for memberships on our Site; however, FOUR MAGAZINES cannot and will not guarantee each service provider's identity; capabilities, or that it has obtained all required permits, licenses or consents or that it complies with all applicable laws.  You acknowledge that participation in certain programs, when and if available, may under certain circumstances result in  Sponsors and/or Preferred Vendor Members receiving contact information for you in accordance with the terms and conditions governing these programs.

Any dispute you have with a Visiting Guests/Users, Sponsors and/or Preferred Vendor Members is between you and that party, and We will not be a party to that dispute. Sponsors and/or Preferred Vendor Members must list the true and correct name of their business on the Site and if there is a change to that business name, the Sponsors and/or Preferred Vendor Members must promptly update FOUR MAGAZINES and may need to provide additional documentation for proof of name change. After FOUR MAGAZINES and the Vendor Member have terminated their relationship, FOUR MAGAZINES shall be entitled to retain all reviews associated with a Vendor Member on the Site as well as basic directory information, including, without limitation, business name, mailing address, website address and telephone number.

Prohibited Activities.  Visiting Guests/Users, Sponsors and/or Preferred Vendor Members of the Site may not:
- Create an account in another's name
- Create more than one account
- Use another's account
- Impersonate another person or entity
- Use the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so
- Offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively "Laws"), or offer any products or services in a manner that violates any Laws
- Conduct any type of sweepstakes, promotion or contest without posting official rules
- Collect or harvest information about Site Members, including but not limited to use of robots, spiders, or similar means
- Use information on the Site to send unsolicited email to Members
- Do anything that interferes with or places an undue burden on the Site (as determined by FOUR MAGAZINES in our sole discretion)
- Use the Site if your membership has been temporarily or permanently suspended or revoked
- Include promotional text or endorsements in Member’s storefront name or Member storefront picture(s)
- Violate any terms of this Agreement

Vendor Fees. There are currently NO minimum fees to submit to FOUR MAGAZINES for Vendors. Optional fee-based services are available but participation is NOT mandatory to submit material for editorial consideration.  Preferred Vendor Members with valid Vendor Accounts may opt into additional paid services ("Preferred Vendor / Premium Services"). FOUR MAGAZINES may list the prices for these Premium Services on the Site, but it reserves the right to change non-premium and premium services, perks and change these prices, offer discounts and temporary promotions as needed without notice. 

 

Charged in error. In the event you believe that FOUR MAGAZINES has charged you in error, you must contact FOUR MAGAZINES Member Services at info AT fourmagazines DOT com within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old. 

 

Unpaid Fees. If, for any reason, any vendor/sponsor advertising fees you owe FOUR MAGAZINES have not been received or in any manner realized by FOUR MAGAZINES ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. In addition, FOUR MAGAZINES may charge a back charge any volume discounts received and/or interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Members will first be applied to the most recent fees owed to FOUR MAGAZINES, including interest. FOUR MAGAZINES reserves the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

 

Limitation of Liability

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE COVERED SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Sites & Ads.

 

The Covered Sites might contain links to third party websites, services, and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of BMK Publishing LLC is not responsible for any Third Party Sites & Ads. BMK Publishing LLC provides these Third Party Sites & Ads only as a convenience.  You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

Term & Termination.

 

Subject to this Section, this Agreement will remain in full force and effect while you use the Covered Sites.  We may (a) suspend your rights to use the Covered Sites (including your User Information) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Covered Sites in violation of this Agreement.  Upon termination of this Agreement, your User Information and right to access and use the Covered Sites will terminate immediately.  You understand that any termination of your User Information involves deletion of your User Content associated therewith from our live databases.  BMK Publishing LLC will not have any liability whatsoever.

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