Terms of Use

Terms of Use

Welcome to one of Absolutely Magazine’s community websites. The following are the rules ("Terms") that govern use of the abmags.com, absolutelymags.com, abkaty.com, katyfinder.com, absolutelykatymagazine.com, abmemorial.com, absolutelymemorial.com, absolutelyintheloop.com, Web sites ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Absolutely Magazines, dba of Community Innovations Group, L.L.C., owner, reserves the right to change these Terms at any time, effective immediately upon posting on the Site.

Permitted Use
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by Absolutely Magazines.

USE VOID WHERE PROHIBITED
Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

Registering with Site
In order to take advantage of certain features on the Site, you may be required to register with Site. For example, you may be required to register with Site if you want to set up a "My Abmags" account, where you can save your favorite restaurant profiles, receive discount offerings or other information from Site, or save your consumer reviews. You may also be required to register with Site if you want to post consumer reviews of certain events, movies, or businesses in your community. You may also be required to register to receive newsletters with local event information from Site. Site’s use of any personal information that you provide to Site during any registration process is governed by Site’s privacy policy.

My Abmags Account
If you register for a "My Abmags" account, you will be may be allowed to save and personalize Site content, receive and view offers from businesses listed on the Site system, and post ratings and reviews about Site businesses and other user reviews. By having a "My Abmags" account with Site, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, Absolutely Magazines may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that Absolutely Magazines believes is appropriate.

 Posting Reviews on Site
Absolutely Magazines reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following:

§                                 Unacceptable Content:

Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)

References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)

Reviews submitted by the reviewed business's employees (past or present) or competitors as determined by Absolutely Magazines.

Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "this place is great!") as determined by Absolutely Magazines in its sole discretion.

Reviews commenting on other users.

Content that contains personal attacks or describes physical confrontations and/or sexual harassment.

Excessive damage caused by business or service to person or property.

Personal information or messages including email addresses, URLs, phone numbers and postal addresses.

Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.

Language that violates the standards of good taste or the standards of this website, as determined by Absolutely Magazines in its sole discretion.

Content determined by Absolutely Magazines to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.

Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.

Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

·                                  Blogger / Podcast Content Policy

Blogging & Podcasting is intended for communication, self-expression and freedom of speech. We believe Blogging & Podcasting increases the availability of information, encourages healthy debate, and makes possible new connections between people.

We respect our users' ownership of and responsibility for the content they choose to share. It is our belief that censoring this content is contrary to a service that bases itself on freedom of expression. However, Absolutely Magazines, at its sole discretion, may remove blogs & podcasts deemed inappropriate for our community building site.

In order to uphold these values, we need to curb abuses that threaten our ability to provide this service and the freedom of expression it encourages. As a result, there are boundaries on the type of content that can be hosted with or presented by Site. The boundaries we've defined are those that both comply with legal requirements and that serve to enhance the community as a whole.

Content Boundaries

Our content policies play an important role in maintaining an enriching experience for you, the users. Please respect these guidelines. From time to time, we may change our content policies so please check back here. But, remember that Absolutely Magazines, at its sole discretion, reserves the right, for any reason, to remove blogs & podcasts deemed inappropriate for our community building site.

PORNOGRAPHY AND OBSCENITY:

Pornography and Obscenity: Image and video content that contains nudity, sexually graphic material, or material that is otherwise deemed explicit by Absolutely Magazines should be made private. Otherwise, we may put such content behind an interstitial.

Pedophilia, Incest and Bestiality: Users may not publish written, image or video content that promotes pedophilia, incest and bestiality.

Commercial Pornography: We do not allow content that exists for the primary purpose of monetizing porn content or driving traffic to a monetized pornography site.

Child Pornography: Absolutely Magazines has a zero-tolerance policy against child pornography, and we will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

HATEFUL CONTENT: Users may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.

VIOLENT CONTENT: Users may not publish direct threats of violence against any person or group of people.

COPYRIGHT: It is our policy to respond to clear notices of alleged copyright infringement. More information about our copyright procedures can be found here.

PRIVATE AND CONFIDENTIAL INFORMATION: We do not allow the unauthorized publishing of people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers.

IMPERSONATION: We do not allow impersonation of others through our services in a manner that is intended to or does mislead or confuse others.

UNLAWFUL USE OF SERVICES: Our products and services should not be used for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.

SPAM, MALICIOUS CODES AND VIRUSES: We do not allow spamming or transmitting malware and viruses.

§                                 Reviews are not endorsed by Absolutely Magazines
Reviews do not reflect the views of Absolutely Magazines; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.

Absolutely Magazines does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

§                                 Reviews are owned by Absolutely Magazines
Reviews that are submitted to Site shall be owned exclusively and in perpetuity by Absolutely Magazines. Such exclusive ownership means that Absolutely Magazines, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. Absolutely Magazines is under no obligation to give credit or pay any consideration to you for your Reviews.

§                                 Contact Us
If you see objectionable content or have any questions about these Terms of Use, please contact Site at info@abmags.com

Links and Search Results
The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Absolutely Magazines has no control over these sites or the content within them. Absolutely Magazines cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Absolutely Magazines does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Absolutely Magazines for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify Absolutely Magazines at info@abmags.com and Absolutely Magazines will investigate your claim and take any actions Absolutely Magazines deems appropriate at our sole discretion.

Business listings located on Site are selected for display in search results based primarily on their content in relation to the user-provided search terms or users’ purchased ad size and content.  However, due to the fact that Site customers typically provide more content relative to their non-customer counterparts (e.g., in the form of offers, business biographies, etc.), it is possible that Site customers will be displayed at a higher ranking in a search results page.

Offline Conduct
Although Absolutely Magazines cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of Absolutely Magazines.

Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Children
You may not use the Site if you are under thirteen (13) years of age.

Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Absolutely Magazines for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.

DISCLAIMERS
ABSOLUTELY MAGAZINES DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ABSOLUTELY MAGAZINES CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABSOLUTELY MAGAZINES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

Absolutely Magazines disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Site users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. Absolutely Magazines is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Absolutely Magazines at info@abmags.com. Absolutely Magazines may investigate the claim and take appropriate action, at its sole discretion.

LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL ABSOLUTELY MAGAZINES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ABSOLUTELY MAGAZINES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas, City of Houston Tx.

Indemnity
You agree to indemnify and hold Absolutely Magazines, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.