Terms of Use

ACCEPTANCE OF TERMS THROUGH USE

By using Richardson Living's Web site, www.richardsonliving.com (the "Site"), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

PERMITTED USE

You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. The content on this Site is the property of Richardson Living and is protected by U.S. and international copyright laws.

LIMITED LICENSE

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Ten10 Magazine may change, suspend, or discontinue any aspect of the Site at any time. Richardson Living may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents  in whole or in part.

VIOLATION OF THE TERMS OF USE

You understand and agree that in Richardson Living's sole discretion, and without prior notice, Richardson Living may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Richardson Living believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Richardson Living  or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Richardson Living for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Richardson Living may release user information about you if required by law or subpoena.

BLOGS AND COMMUNITY AREAS

Readers and Site users are solely responsible for the content of the text, photographs, music or other content they post, upload or submit to our onlin epublication, blogs and community areas. All such content is subject to the site’s terms and conditions of use and do not necessarily reflect the opinion or approval of Richardson Living. Users must abide by our Community Guidelines.  

Richardson Living may add, change, discontinue, remove, edit or suspend such content at any time for any reason without notice to you, without your permission, and without liability.

COPYRIGHT POLICY

We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.

REPRESENTATIONS BY YOU

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

ACCOUNTS

During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the person who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (iv) you will ensure that you exit from your account at the end of each session. Please notify us at admin [at] richardsonliving.com of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Richardson Living in its sole discretion deems offensive.

USER GENERATED CONTENT: Submissions including comments, reader reviews and more

You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services. Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. Richardson Living encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.

The Services shall be used only in a noncommercial manner. You shall not, without the express approval of Richardson Living, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Richardson Living and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to Richardson Living may also be included in our RSS feeds, APIs and made available for republishing through other formats.

You grant Richardson Living a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Richardson Living or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other Web site owned by Richardson Living, including any Submission posted on or to the Services through a third party.

You are solely responsible for the content of your Submissions. However, while Richardson Living does not and cannot review every submission and is not responsible for the content of these messages, Richardson Living reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.

Any person involved in or affiliated with the production of a work reviewed on Richardson Living.com may not submit a Readers’ Review for that work or competing works.

NO COMMERCIAL USE

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Richardson Living’s  prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Richardson Living will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

LINKS AND SEARCH RESULTS

The Site contains links to sites operated by third parties throughout the World Wide Web. Richardson Living has no control over these sites or the content within them. Richardson Living does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Richardson Living does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they 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 Richardson Living for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. 

INTELLECTUAL PROPERTY

You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Ten10Magazine or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. Richardson Living,  our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by Richardson Living. The use or misuse of any of these materials is strictly prohibited.

DMCA POLICY

If Richardson Living determines that an account holder is a repeat infringer under the Digital Millennium Copyright Act, Richardson Living will remove or prohibit access to the infringing activity and will terminate that account holder’s ability to upload, post or submit content to the Site.

If you are notifying Richardson Living of alleged copyright infringement, please be sure to provide all of the following information to the designated agent for notification in the form required by 17 U.S.C. Section 512:

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

* A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

* A description of the allegedly infringing material and information sufficient to permit us to locate the material;

* Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

* A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

* A statement by you that the information in the notification is accurate and that, under the penalty of perjury, you have the authority to enforce the copyrights that are claimed to be infringed.

DESIGNATED AGENT FOR NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

NAME: DMCA Agent Richardson Living 

ADDRESS: P.O. Box 833623, Richardson, Texas 75083

EMAIL: legal [at] richardsonliving.com

PHONE: 972.342.8165

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER TEN10 MAGAZINE, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL RICHARDSON LIVING, RICHARDSON LIVING L.L.C., WHICHBOX MEDIA, INC., OUR SUBSIDIARIES OR OUR LICENSORS, VENDORS OR OTHER SERVICE PROVIDERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold Richardson Living, richardson Living, LLC, WhichBox Media, Inc,  and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

CHOICE OF LAW

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Texas, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Dallas County, Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY

If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

HEADINGS

Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.