1. Purpose and Scope of this Privacy Policy. This privacy policy describes how Hearst Communications, Inc. and its Affiliates (collectively, “Hearst”) treat the Personally Identifiable Information that is collected about you when you visit the web sites, mobile-optimized versions of the web sites, and digital applications to which this policy is linked (collectively, “Covered Sites”). For the purposes of this policy, an entity controlling, controlled by, or under common control with another entity shall be deemed to be an “Affiliate”, where control means ownership of 15% or more of the voting stock or other ownership interests. For the purposes of this policy, “Personally Identifiable Information” is information that we can use to identify or contact you as an individual, and includes your name, email address, address, telephone number and any other information that we associate with any of the foregoing. By submitting Personally Identifiable Information through any of our Covered Sites, you agree to the terms of this privacy policy and you expressly consent to the collection, use and disclosure of your Personally Identifiable Information in accordance with this privacy policy. This privacy policy does not apply to information collected about you by anyone except Hearst and only applies to the Covered Sites (defined above). This privacy policy does not apply to Hearst websites which are not linked to this policy and does not apply to non-Hearst websites, including those linked to or advertised on a Covered Site. Any information you provide when you visit websites other than those covered by this policy will be subject to the privacy policies posted on those sites. We may offer our Magazines through certain third party websites via a subscription page on such third party websites that is linked to this policy. For the avoidance of doubt, such subscription page is a “Covered Site” and this policy applies to information collected through the subscription page, but does not apply to information collected through the third party website. Except as specified herein, this policy also does not apply to information you may provide to us offline; however please do be aware that if you subscribe offline to one of the magazines published by Hearst (“Magazines”), from time to time we make your postal addresses available to companies for marketing purposes. Certain features of the Covered Sites may be subject to additional or different privacy provisions, which will be posted on the Covered Site in connection with such features. All such additional or different privacy provisions are incorporated by reference into this privacy policy. 2. Collection of Information Information You Provide. Hearst generally collects Personally Identifiable Information that you voluntarily provide. For instance, when you enter a sweepstakes or contest, complete a survey, participate in a reader panel, register for those portions of our Covered Sites that may require registration, make a purchase, participate in our social networking features, request back issues of our Magazines, subscribe to our Magazines, subscribe to receive newsletters, promotional correspondence, or other electronic services, or send us an email or feedback, you may be asked to provide information such as your e-mail address, name, phone number, shipping address, and billing information, and we will collect such information as well as any other content you provide us in engaging in any of the above activities. Information such as your age, gender, hobbies or interests may also be requested. If you elect to post material to any blogs, forums, participate in our social networking features or other community boards that may be offered on our Covered Sites, then such materials will be collected and may be publicly available for others to view. Cookies. Hearst (or third party service providers on our behalf) may set and access cookies and similar technologies on your computer. A cookie is a small amount of data (often including a unique identifier), that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Some of our cookies may be local shared objects, also known as Flash cookies. Cookies may be session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them). Hearst uses cookies to understand site usage and to improve the content and offerings on our Covered Sites and in other media. We may use cookies to control the display of ads, to track usage patterns on the sites, to deliver editorial content, to record requests for subscriptions and to personalize information. Our cookies may contain Personally Identifiable Information and such cookies may be shared with others to the same extent indicated in Section 4. Hearst (or third party service providers on our behalf) may also use cookies to collect aggregate information about web site users on an anonymous basis (“Anonymous Information”). We may share aggregate demographic and usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose. Some of our third party partners (including advertisers and marketing services companies) may set and access cookies and similar technologies on your computer as well, or we may do so on their behalf. We do not have control over how these third parties use such cookies and similar technologies or the information derived therefrom. If you don’t want cookies, most Web browsers include an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of our Covered Sites may not function efficiently. Flash cookies may regenerate HTTP cookies that you have affirmatively deleted. Deleting, rejecting, disabling or turning off HTTP cookies as described above will not remove flash cookies. We use flash cookies as an alternative method to HTTP cookies for storing information about your web browsing history across unaffiliated domains, unrelated to the delivery of content through the Flash Player or the performance of the Flash Player in delivering such content. Gifs. We may use “clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies, in the sites and in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a web page or message. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personally Identifiable Information. IP Address. Your Internet Protocol (“IP”) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on our Covered Sites, the web sites you visit after this web site; the ads you see; the ads you click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this web site or a referral site; and other web usage activity and data logged by our web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our Covered Sites. We may also link this information with your Personally Identifiable Information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our Covered Sites, customers or others. Location Information. We may, and may enable our advertisers to, collect your location via certain services we provide through digital applications, wireless access protocol services (“WAP Services”) or mobile phone service (“Mobile Services”). We, or the service provider, will inform you of such collection at the time you use the service. By using such service, you hereby consent to our collection, use and disclosure of your location information as described. Third Parties. We may receive information from third parties, including demographic information from your mobile carrier, and information from third parties that solicit subscriptions to our magazines. Those third parties have privacy policies that differ from this Privacy Policy. Tracking Requests. Hearst does not act on Do Not Track requests from your browser. For more information click here. Effect of Tracking Requests. Hearst does not act on Do Not Track requests from your browser because, this way, we are able to personalize your experience on our sites and tailor content to your interests. 3. Use of Information. Hearst uses information we collect from you in part to provide you with the service you have requested. If you subscribe to any of our Magazines, we may also use your e-mail address to send you a confirmation notice and your mailing address to send you your Magazine. Similarly, if you enter online sweepstakes, we will also use this information to notify you if you are a winner. We also use your information to register you, identify you as a user, improve our Covered Sites and services, send you administrative notifications, and respond to your inquiries. We might also send out e-mails to users and sweepstakes/contest entrants to announce special offers, services and announcements from our Covered Sites, our partners and/or our advertisers. We also use information in connection with advertising and to serve other content, as described in section 4(d) below. We may combine and use any and all information we collect on you either online or otherwise, including from third parties, for marketing purposes. When you provide us your email address (e.g., to subscribe to our Magazines) but are not already a registered user of one of our Covered Sites, some of our Covered Sites may assign you a user name and password so that we can enhance your user experience by facilitating easy entry into other features and offers on the Covered Sites and saving your preferences. Certain areas on our Covered Sites require registration, and in those areas, you will be asked to establish your own user name and password or you can elect to use the one we’ve assigned. Your user name and password (“User Registration”) will function across many of our Covered Sites, regardless of brand. Your User Registration will also be recognized at some of our Affiliate sites and sites which we partner with so that you may easily access features on those sites using your User Registration (“Shared Registration Sites”); however the information we provide and your actions on those Shared Registration Sites will be governed by the separate privacy policies of those Shared Registration Sites. A list of those Shared Registration Sites is set forth below, and may be updated from time to time. Current Shared Registration Sites are: The National Magazine Company Limited. You may elect to change your User Registration at any time by logging in and editing your User Registration (each of our Covered Sites will contain log-in information). You may also log-in to cancel any User Registration that you may have selected or that we may have assigned. If you cancel your User Registration, we will retain your email address, user name and assigned user ID on file and use them only for the purpose of assuring you are not automatically registered again, against your wishes. You may request deletion of your Personally Identifiable Information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purposes. In addition, we may use information you provide us through emails, Q&A, blogs, forums, in response to polls, or through any other user generated submission for editorial purposes, and may use your name and any stories you provide us in articles published online and in our Magazines. If you provide us with personal anecdotes, they may be attributed to you. Hearst can edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Magazines, and in trade media, and advertising. We may create Anonymous Information from Personally Identifiable Information by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Information for any purpose and disclose Anonymous Information to third parties in our sole discretion. 4. Disclosure of Your Information In addition to the other disclosures described in this policy, Hearst may (and you authorize us to) share or disclose Personally Identifiable Information about you to other companies or individuals in the following situations: We utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or processing credit cards or fulfilling subscriptions), and ask these service providers to agree to maintain the confidentiality of your Personally Identifiable Information and not to use your Personally Identifiable Information for any reason except to carry out the purpose(s) for which we hired them (“Service Provider Exception”). You have entered a contest or sweepstakes sponsored by a third party, in which case the information you provide via the contest or sweepstakes may be shared by us with that third party for their use in their discretion, including direct marketing. Some of our contests and sweepstakes will ask you at the time of entry whether you would like to have your personal information shared with the sponsor, in which case we will honor your selection. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest. The privacy policies of such third party companies apply to their use and disclosure of your information that we collect and disclose to such third party companies. The entity to whom the information is disclosed is a Shared Registration Site (as defined in Section 3(c) above). The entity to whom the information is disclosed is an Affiliate of Hearst. In accordance with your indicated preferences (e.g., you indicated you wanted to receive promotional materials directly from a third party partner). The entity is a third party who wants to promote goods and services we think would be of interest to you. You have furnished us Personally Identifiable Information with the intent that it be forwarded to a third party for use in connection with a specified service you are electing to participate in (examples include, without limitation, e-commerce partners, services to help old friends locate you online, etc.); We need to protect our legal rights (for example, if we are trying to collect money you owe us); we must comply with applicable laws, regulations, or legal or regulatory process, or comply with subpoenas or warrants served on us, or in connection with a legal investigation; or we have reason to believe that someone may be causing injury to someone or interfering with our rights or the rights of our users, or general public, or using our services in violation of a legal or personal right, including our Terms of Use (collectively, the “Legal Exceptions”). In connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise, including via bankruptcy) of all or a portion of the business conducted by the Covered Site to which this policy applies, in which case the company will possess the Personally Identifiable Information collected by us and will assume the rights and obligations regarding your Personally Identifiable Information as described in this privacy policy ; Social Networks. If you use your login credentials from a social networking site (e.g., Facebook or Twitter) (“SNS”) on a Covered Site, we may receive information from such SNS in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If you elect to share your information with these SNS, we will share information with them in accordance with your election. The SNS Terms of these SNS will apply to the information we disclose to them. Third Party Partners. Some of our Covered Sites may from time to time partner with a retailer or other third party to offer online shopping opportunities, games, services, subscriptions and other applications on a co-branded or cross-promotional basis. Those transactions may take place on a Covered Site, or the site of the third party. In either case, Personally Identifiable Information you provide in connection with the transaction may be collected directly by, or shared by Hearst with, the third party, as well as with any participating sponsors or advertisers of such opportunities and features. Some of our Covered Sites may offer you the ability to access a third-party site with whom we have a relationship to access both sites through a co-branded registration or password; in that event, your applicable registration information may be collected directly by, or shared by Hearst with, the third-party partner. We will notify you at the applicable point of sign up if any such co-branded registration or password practices will be in effect. These third parties will use your information in accordance with their own privacy policy. Delivery of Advertising and Other Content. In addition to ads and content that we serve you directly, we use third-party advertising companies and marketing services companies to serve ads and other content when you visit our Covered Sites and elsewhere on the internet and in other media. Both we and these companies may use information about your visits to this Covered Site and elsewhere to serve ads and other content to you. In the course of doing so, a unique third-party cookie may be placed or recognized on your browser by such companies. In addition, we and these companies may use Web beacons to help manage our online advertising and content. These Web beacons enable us and the third-party companies to recognize a browser’s cookie when a browser visits this site and to learn which banner ads bring users to our website and to serve you ads that you may find of interest elsewhere on the internet and in other media. Both Hearst and these companies may use information obtained from your visits to the Covered Sites (including your status as a customer of Hearst), other websites, and information received from you offline in order to provide advertisements about goods and services and other content of interest to you across the internet and in other media. If you would like more information about this practice and to know your choices about not having this information used in this manner by our third party advertising companies please visit In addition, we may provide Personally Identifiable Information and Anonymous Information to marketing services companies. This may include information we received from you offline or online. These companies may combine information we provide (including Personally Identifiable Information and Anonymous Information) with personal and anonymous information they may have about you, using cookies they place or that we place on their behalf, as described in Section 2(b). We require these companies to delete the Personally Identifiable Information we provide them. These companies may use the resulting non-personal information and such cookies for their own marketing purposes, and they may provide the same to their customers for their customer’s marketing purposes. If you would like to know your choices about not having this information used by such companies, please visit: alc-opt-out.com. Subscription Video Services. We may offer the right for you to access video content as a paid subscription service . As a condition of becoming a subscriber, you must grant your consent to allow us to share information about the content you have viewed to third parties in order to provide you with the service, for our and others’ marketing purposes and to help you inform others about your experiences on social media services such as Facebook and Twitter. If you no longer wish us to share information about what you have watched on our service, you can cancel your subscription at any time. A list of those Paid Video Subscription Services, together with information on how to contact customer service about your account, will appear here. 5. Right to Opt-out California & Canadian Users: Your California Privacy Rights. California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. We have such a policy in place. Sections 4(d) and 5(d) explain our practices and how you can opt-out of having your information shared with third parties for the third parties’ direct or indirect marketing purposes, in accordance with such laws. In addition to reviewing Sections 4(d) and 5(d), if you wish to find out about any rights you may have under California Civil Code section 1798.83, you may notify us in writing at Mail Preference Service, P.O. Box 6000, Harlan, Iowa 51593 or contacting us at customercare@hearstmags.com. Canadian residents also have certain rights to know how their information may be shared with third parties who engage in direct marketing activities. Again, Sections 4(d) and 5(d) explain our practices and how you can opt-out of having your information shared for such purposes, in accordance with such laws. For the avoidance of doubt, these opt-out options are available for all users and are not limited to Californian and Canadian users. Mobile Opt-out. We may provide you messages, including marketing, via your wireless email address or by short message service (“SMS Service”), WAP or Mobile Services as described in Section 6. You may opt-out of these messages from us by replying “STOP” or following the instructions provided in the message. Marketing provided by Hearst. From time to time we may send you promotional materials on behalf of Hearst and/or third parties. If you want us to stop sending you promotional materials to your email, you may follow the unsubscribe instructions in the email or manage your preferences at If you want us to stop sending you promotional materials to your postal mailing address, you may notify us in writing by sending a notice to Mail Preference Service, P.O. Box 6000, Harlan, Iowa 51593 or contacting us at customercare@hearstmags.com . Certain Covered Sites may include a customer service link at the bottom of such site. If so, you may also manage your email preferences through that link. Marketing provided by Third Parties. From time to time we may disclose your contact information to third parties to allow them to market their products or services to you or for other marketing purposes. This may be information we received from you offline and online. If you want us to stop further sharing your email contact information with third parties (if we have your email contact information), If you want us to stop further sharing your postal mailing contact information with third parties (if we have your postal address), you may notify us in writing by sending a notice to Mail Preference Service, P.O. Box 6000, Harlan, Iowa 51593 or contacting us at customercare@hearstmags.com. If you wish to opt out of having your information shared with marketing services companies, please see section 4(d) abovePlease follow the instructions provided to you by third parties to unsubscribe from their messages. Exceptions. If you have opted-out as described above, and thereafter you elect to use a service or promotion that requires us to contact you or share your information with a third party (e.g., you enter into a contest or sweepstakes or use an ecommerce service after opting-out), then your previous opt-out preferences will not apply to such service. Despite your indicated preferences, we may send you service related communications, including notices about your subscription, and we may continue disclosing your information to third parties under the Service Provider Exception, Legal Exceptions, and Acquisition Exception described above. Device Settings. Our digital applications may provide you alerts and you can change your preferences regarding these alerts through your device settings. 6. Wireless Email Address, Short Message Services and WAP. If the email address you provide to us is a wireless email address, you agree to receive messages at such address from Hearst or from third parties. Similarly, we may make available services through which you can receive messages on your phone or wireless device SMS Service or WAP Services. We may also make available content and versions of our Covered Sites available via WAP and Mobile Services. If you subscribe to one of our SMS, WAP or Mobile Services, you thereby agree to receive services and messages at the address you provide for such purposes. Such messages may come from Hearst, or from third parties. To use the wireless email address, SMS, WAP, or Mobile Service, you must reside in the United States. We may also obtain the date, time and content of your messages. We will use the information we obtain in connection with these services in accordance with this Privacy Policy. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. By providing us your wireless email address or by signing up for any SMS, WAP, or Mobile Service, you consent to receiving messages as described above. You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. 7. Security of Your Personally Identifiable Information. We use a variety of industry-standard security technologies and procedures to help protect your Personally Identifiable Information from unauthorized access, use, or disclosure. We also require you to enter a password to access your registration information. Please do not disclose your registration password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Hearst uses reasonable efforts to protect your Personally Identifiable Information, Hearst cannot guarantee its absolute security. 8. Kids And Parents. The Covered Sites are not intended for use by children, especially those under age 13. If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your children’s exposure to material online. 9. Non-U.S. Users. If you are located outside of the United States, please note that the information you provide to us will be transferred to and processed in the United States, where laws regarding processing of Personally Identifiable Information may be less stringent than the laws in your country. By using this Covered Site, you consent to this transfer and processing. You also consent to the adjudication of any disputes arising in connection with this Covered Site in the federal and state courts of, and in accordance with the laws of, the state of New York. 10. Changes to This privacy policy. This privacy policy is subject to occasional revision, and if we make any material changes in the way we use your Personally Identifiable Information, we will prominently post notice of the changes on our Covered Sites. Any changes to this privacy policy will be effective upon thirty (30) calendar days following our posting of notice of the changes on our Covered Sites. These changes will be effective immediately for new users of our Covered Sites. Continued use of our Covered Sites, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Terms of Use This Terms of Use covers Hearst Communications, Inc.’s and its Affiliates’ (collectively, “Hearst”) web sites, mobile-optimized versions of the web sites, and digital applications to which this Terms of Use is linked (collectively, “Covered Sites”). As used in this Terms of Use, an entity controlling, controlled by, or under common control with another entity shall be deemed to be an “Affiliate”, where control means ownership of 15% or more of the voting stock or other ownership interests. Certain features of the Covered Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Covered Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. Capitalized terms not otherwise defined in this Agreement have the meaning given to such term in the Hearst privacy policy. The privacy policy is hereby incorporated by this reference into this Agreement. THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE COVERED SITES. BY ACCESSING OR USING THE COVERED SITES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE COVERED SITES. 1. Username and Passwords. When you create a User Registration (as described in the Privacy Policy), you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You will be responsible for maintaining the confidentiality of your User Registration, and we will not be responsible for misuse of your User Registration by any third party, whether authorized by you or not. You are responsible for all activities that occur under your User Registration. You agree to immediately notify Hearst of any unauthorized use, or suspected unauthorized use of your User Registration or any other breach of security. Hearst cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. 2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Covered Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Covered Sites; (c) you shall not access the Covered Sites in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Covered Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Covered Sites shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Covered Sites content must be retained on all copies thereof. 2.3 Open Source Software. Certain items of independent, third-party code may be included in the App that are subject to open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. 2.4 Application Store. You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone store (“Application Store”). You acknowledge that this Agreement is between you and Hearst and not with the Application Store. Each Application Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable terms and conditions of the applicable Application Store. 2.5 Wireless Addresses, Short Message Services and Wireless Internet. By providing us your wireless email address or by signing up for any SMS, WAP, or Mobile Service (each as described in the Privacy Policy), you agree to the following: Our wireless carriers and providers are not responsible for the content of our wireless services or any of the messages you may receive from us. You acknowledge and agree that the wireless email, SMS, WAP and Mobile Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of such services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the services. 2.6 Modification. Hearst reserves the right, at any time, to modify, suspend, or discontinue the Covered Sites or any part thereof with or without notice. You agree that Hearst will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Covered Sites or any part thereof. 3. Ownership and Feedback 3.1 Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Covered Sites are owned by Hearst or Hearst’s licensors. The provision of the Covered Sites does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Hearst and its suppliers reserve all rights not granted in this Agreement. 3.2 If you provide Hearst any feedback or suggestions regarding the Covered Sites (“Feedback”), you hereby assign to Hearst all rights in the Feedback and agree that Hearst shall have the right to use such Feedback and related information in any manner it deems appropriate. Hearst will treat any Feedback you provide to Hearst as non-confidential and non-proprietary. You agree that you will not submit to Hearst any information or ideas that you consider to be confidential or proprietary. 4. User Content 4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Covered Sites (e.g., photos, audio, video, messages, text, files, or other content you provide us). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Hearst. Because you alone are responsible for your User Content (and not Hearst), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Hearst is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will Hearst be liable for any inaccuracy or defect in any User Content. 4.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Hearst an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. 4.3 Acceptable Use Policy.The following sets forth Hearst’s “Acceptable Use Policy”: (a) You agree not to post, email, or otherwise make available User Content: that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that includes personal or identifying information about another person without that person’s explicit consent. that is false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity; that contains your own or a third party’s advertising, branding or promotional content; that is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; restrict or inhibit any other user from using and enjoying the Hearst sites or the Hearst services offered on them; that includes your personal information, such as telephone number, street address, last name, URL or email address; that is a “cut and paste” of private messages from other users; that re-broadcasts any User Content that violates these terms; or that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (b) In addition, you agree not to use the Covered Sites to: upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; interfere with, disrupt, or create an undue burden on servers or networks connected to the Covered Sites or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Covered Sites, other computer systems or networks connected to or used together with the Covered Sites, through password mining or other means; tamper with any copyright protection mechanisms applicable to content on any Covered Sites; introduce software or automated agents or scripts to the Covered Sites so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Covered Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). 4.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Registration, and/or reporting you to law enforcement authorities. If Hearst elects to modify User Content, Hearst nonetheless assumes no responsibility for the User Content. 4.5 Other Users. Each Covered Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Covered Site users are solely between you and such user. You agree that Hearst will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Covered Site user, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and Hearst has no obligation to monitor or delete any such User Content. 4.6 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Covered Site users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 5. Indemnity. You agree to indemnify and hold Hearst (and its officers, employees, contractors, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Covered Sites, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Hearst reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Hearst. Hearst will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 6. 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 Hearst and Hearst is not responsible for any Third Party Sites & Ads. Hearst provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. 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. 7. 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 Registration) 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 Registration and right to access and use the Covered Sites will terminate immediately. You understand that any termination of your User Registration involves deletion of your User Content associated therewith from our live databases. Hearst will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Registration or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3-11. 8. Copyright Policy 8.1 In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Covered Sites have designated an agent to receive notices of claims of copyright infringement: Copyright Agent, 300 West 57th Street, New York, New York, 10019, fax: 212-649-2035; copyright@hearst.com. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following: A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. We have a policy of terminating access to our Covered Sites of any user who repeatedly infringes the proprietary rights of any third party. 9. General 9.1 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Covered Sites. Continued use of our Covered Sites following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. 10.2 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Hearst arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Covered Sites. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HEARST ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND HEARST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Hearst must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York. This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction. 10.3 Entire Agreement. This Agreement (including the Privacy Policy) constitutes the entire agreement between you and us regarding the use of the Covered Sites. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Hearst is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Hearst’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. 11.4 Copyright/Trademark Information. Copyright © 2012, Hearst Communications, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Covered Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. 12. Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using an App from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 12, the more restrictive or conflicting terms and conditions in this Section 12 apply, but solely with respect to Apps from the Apple App Store. 12.1 Acknowledgement: Hearst and you acknowledge that this Agreement is concluded between Hearst and you only, and not with Apple, and Hearst, not Apple, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies. 12.2 Scope of License: The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. 12.3 Maintenance and Support: Hearst is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. Hearst and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App. 12.4 Warranty: Hearst is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Hearst’s sole responsibility. 12.5 Product Claims: Hearst and you acknowledge that Hearst, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Hearst’s liability to you beyond what is permitted by applicable law. 12.6 Intellectual Property Rights: Hearst and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Hearst, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 12.7 Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 12.8 Developer Name and Address: Hearst’s contact information for any end-user questions, complaints or claims with respect to App is: Hearst at 300 W. 57th Street, NY, NY 10019 or email rakibutuc@yahoo.com 12.9 Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using App. 12.10 Third Party Beneficiary: Hearst and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

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