TERMS OF USE

Welcome to this Boston magazine/Metro Corp. Web site (the “Site”). Boston 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.

We reserve the right to modify the Terms and Conditions at any time. Please do not use this Site if you do not accept such changes.

Restrictions on Use

Everything you see or read on the Site is the property of Boston magazine, is protected by copyright and trademark laws, and may not be used except as provided in the Terms and Conditions without the written consent of Boston magazine.

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 Boston magazine’s written permission. This includes the Site’s test, images, audio, and video.

Images of people or places displayed on the Site are either the property of, or used with permission by, Boston magazine. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific written permission is provided by Boston magazine.

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,” “Best of Philly,” “New England Travel & Life,” “Elegant Wedding,” “Boston Magazine Concierge,” “Philly Cooks,” “Philadelphia,” “Boston,” “Boston Home,” “Design Home,” “Philadelphia Magazine Traveler,” “Phil,” “Citymagnet.com,” “Citymagnet,” “Philly’s Most Wanted Singles,” “Boston’s Most Wanted Singles,” “DC,” “Metrocorp Marketing,” “Metrocorp Publishing,” “Philadelphia Home,” “Philadelphia Wine Festival,” “Boston, Inc.,” “Phillyphone,” 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 Boston magazine.

Notice of Copyright Infringement

To notify us of an alleged copyright infringement found on this Site, please contact our designated agent for notification of claimed infringement: Robert A. Bertsche, Esq., Prince, Lobel, Glovsky & Tye LLP, 585 Commercial St., Boston, MA 02109. Telephone number: (617) 456-8018. Email: rbertsche@plgt.com.

Be sure to include the following information:

1. Identification of the copyrighted work and the copyright owner.

2. Identification of the material you claim infringes the copyrighted work, including its URL.

3. Your contact information (name, mailing address, telephone number, and e-mail address).

4. A statement that you have 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.

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.

6. Your signature (physical or electronic).

After receiving notification of an alleged copyright infringement, Boston magazine will remove or disable access to such material pending further review. Boston magazine reserves the right to remove posted materials and to terminate a party’s access to this Site due to copyright infringement(s).

Disclaimers of Warranties and Limitations of Liability

Metro Corp. d/b/a Boston magazine and its parents, subsidiaries, affiliates, partners, employees, agents, and independent contractors (collectively “Boston 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, or infringement. In no event shall Boston 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 Boston magazine has been advised of the possibility of such damages.

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.

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 Boston magazine’s endorsement or sponsorship of, or our affiliation with, such sites, and Boston magazine neither has control over, nor is responsible for, their content.

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

Chats, Clubs, Forums, and Message Boards

We encourage you to use the Boston magazine chats, clubs, forums, 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 below. Any visitor who fails to comply with these Terms and Conditions may be expelled from a Forum by a Boston 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.

No child under age 13 may participate in a Boston magazine Forum. Please review the Prohibited Conduct described below before using a Boston magazine Forum.

Although we may from time to time monitor or review User Content, Boston magazine has no obligation to do so and assumes no responsibility or liability arising from User Content nor for any error, defamation, omission, falsehood, obscenity, pornography, profanity, or inaccuracy contained in User Content.

We will fully cooperate with any law enforcement authorities or court order requesting or directing Boston magazine to disclose the identity of anyone posting any such information or materials. You expressly acknowledge and agree that Boston 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 Boston magazine, users of the Site, and the public. You further acknowledge and agree that data collected and maintained by Boston magazine with regard to its users may be disclosed in accordance with Boston magazine’s Privacy Policy.

Prohibited Conduct

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

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

2. Post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, scandalous, inflammatory, obscene, vulgar, pornographic, 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;

3. 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;

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

5. Post or transmit any unsolicited advertising.

Ideas You Send to Us

Boston magazine is 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.

Privacy Policy

Boston 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 Boston magazine, and that only Boston 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.

Miscellaneous

These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, 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 Boston, Massachusetts, 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.