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Terms of Use

Acceptance of Terms of Use
Please read through these Terms of Use carefully. By accessing and/or using CremeMagnolia’s website at www.CremeMagnolia.com (the “Site”), or by otherwise accessing any content found on the CremeMagnolia Site, you are deemed to (i) have entered into an agreement with CremeMagnolia.com or one of its affiliates; (ii) have represented that you are an adult in your country of residence and are at least 18 years old; (iii) have represented that you have the legal authority to accept the Terms of Use; and, (iv) have agreed to be bound by the terms set out below. If you do not agree with the Terms of Use, you are not authorized to use the Site.

Intellectual Property Protection
Copyright:
The contents and design of the Site and any material electronically provided to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the “Content”), are protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries and are owned by CremeMagnolia, the applicable authors of the content and/or the other contributors to CremeMagnolia, including contributors to the Site.
Trademarks:
You may not use or reproduce or allow anyone to use or reproduce any trade marks (including, without limitation, the “CremeMagnolia” name and logo or other trade names found in the Content, including appearing on the Site) for any reason without written permission from CremeMagnolia or the identified owner.

Reporting Violations:
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), CremeMagnolia’s designated agent for notice of alleged copyright infringement in connection with the Site is: Roxanne Weber, 1304 N. Homestead Circle, Sioux Falls, SD 57103, Editor in Chief, CremeMagnolia.net, Telephone number: (605) 336-0868, E-mail address: roxanne@CremeMagnolia.com. To file a notice of infringement with CremeMagnolia, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.

Use of Content
Subject to the Terms of Use and to the payment of any applicable fees specified by CremeMagnolia, CremeMagnolia grants you a limited, personal, nontransferable, non-sublicensable, nonexclusive license to use the Content. You may retrieve and display the Content on a computer screen, print the Content on paper (but not photocopy it) and store the Content in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from

CremeMagnolia:

  1. reproduce or store in or transmit to any other Web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network, or regularly or systematically store in electronic or print form, all or any part of the Content, unless explicitly approved of by the CremeMagnolia community or community policy or
  2. modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including use as part of any library, archive or similar service) without the prior written consent of CremeMagnolia, or
  3. remove the copyright or trade mark notice from any copies of the Content made under these Terms of Use.
    Any use of the Content not specifically permitted above is expressly prohibited.

Requests for permission for other uses may be sent to CremeMagnolia by email at information@crememagnolia.net, or faxed to 605-336-0868.

User Content
You acknowledge and agree that CremeMagnolia shall own and have the unrestricted right to use, copy, distribute, display, publish, create derivative works of and otherwise exploit any and all information that you post or otherwise publish on the Site in questions and answers, postings, survey responses, and otherwise, and you hereby waive any claims against CremeMagnolia for any alleged or actual infringements or any rights of privacy or publicity, moral rights, or rights of attribution in connection with CremeMagnolia’s use of such submissions.

Third Party Transactions
You may use the Site to purchase products or services from CremeMagnolia’s third party partners. In that event, your contract for such products will be with the third party partner and not with CremeMagnolia. You acknowledge and agree that CremeMagnolia has no responsibility or liability in connection with any such products or services.

Term and Termination
CremeMagnolia may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Content). CremeMagnolia reserves the right to refuse to offer access to the Site and/or Content to anyone at anytime without notice.

The rights of termination are in addition to all other rights or remedies of CremeMagnolia provided in these Terms of Use or by law.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law, and the content you have provided must remain on the site as is.

Changes to the Site
CremeMagnolia reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Content available on the Site at any time. CremeMagnolia reserves the right to add to or change the Site or cease offering the Site at any time and without liability.

Registration, Passwords and Responsibilities
Parts of the Site may only be open to you if you register with us. If you do register with us, you will receive a user name and sign-on password. You are solely responsible for the confidentiality and use of and access to the Content and the Site using your user name and sign-on password. CremeMagnolia will not be liable for any losses incurred by you or another party due to someone else using your user name and sign-on password.

You agree to immediately notify CremeMagnolia if you become aware of any loss or theft of any sign-on password or any unauthorized use of a sign-on password, user name, or of the Content or the Site. You will provide CremeMagnolia with accurate, complete registration information (including in particular your e-mail address) and inform CremeMagnolia of any changes to such information. CremeMagnolia reserves the right to monitor and record activity on the Site, including access to the Site for the purposes of confirming your compliance with the terms of these Terms of Use, and to ensure proper site operation and performance.

Each registration is for a single user only. You may not share your user name and password with any other person. CremeMagnolia does not permit access through a single name and password being made available to multiple users on a network. CremeMagnolia may cancel or suspend your access to the Site if you do this without further obligation to you.

Member Code of Conduct
All members of the CremeMagnolia community who access the Site agree to abide by basic rules of conduct set out in CremeMagnolia’s Member Code of Conduct, as may be changed by CremeMagnolia from time to time. If any changes are made, CremeMagnolia shall post the revised Member Code of Conduct on the Site.

Privacy Policy
The information that you provide about yourself to CremeMagnolia will only be used in accordance with CremeMagnolia’s Privacy Policy Statement, as may be changed by CremeMagnolia from time to time. If any changes are made, CremeMagnolia shall post the revised Privacy Policy Statement on the Site.

Community Forums
The Site may include Group discussion areas, bulletin boards or forum discussion groups, blogs, chats and other areas that allow and interaction between members of the CremeMagnolia community (“Forums”). While CremeMagnolia does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums in the event the Messages violate the rules set out below. CremeMagnolia does not and cannot review all Messages posted by users and is not responsible for such information, including any advice or suggestions made by members of the CremeMagnolia community.

You are solely responsible for the content of your Messages. You must comply with any rules posted by CremeMagnolia on a Forum, Group, or chat. You may not:

  1. post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
  2. post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, hateful, defamatory, obscene, pornographic, sexually explicit or racially, ethnically or otherwise offensive;
  3. post or otherwise publish any Messages that contain a virus or other harmful component;
  4. disguise the origin of any Messages;
  5. impersonate any person or entity (including, without limitation, CremeMagnolia staff or other members of the CremeMagnolia community) or misrepresent any affiliation with any person or entity;
  6. post or otherwise publish any Messages unrelated to the Forum or the Forum’s topics;
  7. knowingly post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
  8. collect or store other users’ personal data;
  9. restrict or inhibit any other user from using the Forums;
  10. upload, post, email, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity;
  11. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication;
  12. use the Site for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government;
  13. upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
    CremeMagnolia may modify the rules related to Forums at any time without prior notice to you.

By submitting Messages to any Forum you agree to indemnify and hold harmless CremeMagnolia from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of these Terms of Use.

The Forums contain Messages submitted by users over whom CremeMagnolia has no control. CremeMagnolia cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.

It is not possible for CremeMagnolia to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a Message infringes your legal rights, you should notify CremeMagnolia immediately.

No Warranty, Disclaimer of Liability and Indemnity
CREMEMAGNOLIA MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE CONTENT, THE SITE, SOFTWARE OR PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE (THE “SITE SERVICES”), WHICH ARE PROVIDED “AS IS” CREMEMAGNOLIA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. IN NO EVENT WILL CREMEMAGNOLIA, ITS AFFILIATES OR OTHER SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE SITE SERVICES, EVEN IF CREMEMAGNOLIA HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. CREMEMAGNOLIA DOES NOT GUARANTEE THE ACCURACY, CONTENT, OR TIMELINESS OF THE CONTENT OR SITE SERVICES OR THAT THEY OR RELATED SYSTEMS ARE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES.

IN NO EVENT WILL ANY LIABILITY OF CREMEMAGNOLIA, ITS AFFILIATES, AGENTS AND LICENSORS TO YOU (AND/OR ANY THIRD PARTY) ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SITE SERVICES OR BREACH OF THESE TERMS OF USE BY CREMEMAGNOLIA EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO CREMEMAGNOLIA IN RESPECT OF THE PARTICULAR SITE SERVICE TO WHICH THE CLAIM RELATES.
UPON CREMEMAGNOLIA ‘S REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CREMEMAGNOLIA FROM ANY CLAIMS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, RELATED TO ANY BREACH OF THESE TERMS OF USE BY YOU OR YOUR USE OF ANY SITE SERVICES.

Legal Disclaimer
Materials on the Site have been prepared by CremeMagnolia members and various sources for informational purposes only and do not constitute advertising, a solicitation, or legal advice by CremeMagnolia. Transmission of the materials, discussion groups, posts and information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship with any CremeMagnolia user. CremeMagnolia users should not act or rely upon this information for any purpose without seeking legal advice from a licensed attorney in the user’s state. The information contained in the Site is provided only as general information that may or may not reflect the most current legal developments; accordingly, information on this website is not promised or guaranteed to be correct or complete. CremeMagnolia expressly disclaims all liability whatsoever in respect to actions taken or not taken based on any or all the content on this website. CremeMagnolia does not verify or necessarily endorse, and is not responsible for, any members or third-party content that may be posted or accessed through this website.

No Tax Advice (Required Tax Disclosure – Circular 230)
Any tax information presented on the Site by a member or other various sources is not intended to constitute a complete analysis of all tax considerations. Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. The information presented on the Site does not meet those requirements. Accordingly, such information is not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or for the purpose of promoting, marketing or recommending to another party any tax-related matters.

Force Majeure
CremeMagnolia, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content ##resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, fire, flood or other natural disasters, strikes or other labor problems, wars, civil unrest, acts of terrorism or governmental restrictions.

Changes to these Terms
CremeMagnolia may, in its discretion, change these Terms of Use (including those relating to your use of Site and/or the Content). When the Terms of Use are changed, CremeMagnolia will notify you by e-mail or by publishing details of those changes by including them in these Terms of Use. If you use the Site after CremeMagnolia has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain of the Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web sites
Parts of the Site may contain advertising or third party content. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CremeMagnolia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. CremeMagnolia is not responsible for any third party content, including advertisements. The Site may contain links to other Web sites. CremeMagnolia is not responsible for the availability of these Web sites or their contents.

Non-Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices
Notices to CremeMagnolia must be given in writing to CremeMagnolia by fax at 605-336-0868, Attention Editor in Chief, CremeMagnolia.net.

Violations
Please report any violations of these Terms of Use by fax to CremeMagnolia at 605-336-0868, Attention Editor in Chief, CremeMagnolia.net.

Severability/Survival/Statute of Limitations
If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid but rather the Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in San Francisco, California, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Entire Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.

Headings
Headings in these Terms of Use are for convenience only and have no legal meaning or effect.

Relationship Between the Parties
There is no agency, partnership, joint venture, or employee-employer relationship between any user or Member and CremeMagnolia arising solely through the use of the Site.

Export Controls
You shall comply with all export laws and restrictions and regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and not export or re-export Visage Content in violation of any such restrictions, laws, or regulations. By downloading or using the Content, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.

Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the law of the State of Missouri. The parties irrevocably agree that the courts of the State of Missouri shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the State of Missouri courts.

For the exclusive benefit of CremeMagnolia, CremeMagnolia shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Use are entered into in the course of your trade or profession, the country of your principal place of business.