Terms of Use and Conditions

Terms of Use and Conditions

Agreement between user and www.msinthebiz.com

Welcome to www.msinthebiz.com. The www.msinthebiz.com website (the “Site”) is comprised of various web pages operated by Ms. In The Biz, LLC (“Ms. In The Biz”). www.msinthebiz.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.msinthebiz.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.msinthebiz.com is a Blog Site
Ms. In The Biz is a magazine style blog written by and for women in the entertainment business. Our purpose is to provide information to the general public about the experiences of women working in this field.

Privacy

Your use of www.msinthebiz.com is subject to Ms. In The Biz’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.msinthebiz.com or sending emails to Ms. In The Biz constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Ms. In The Biz does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.msinthebiz.com only with permission of a parent or guardian.

Links to third party sites/Third party services

www.msinthebiz.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ms. In The Biz and Ms. In The Biz is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ms. In The Biz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ms. In The Biz of the site or any association with its operators.

Certain services made available via www.msinthebiz.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.msinthebiz.com domain, you hereby acknowledge and consent that Ms. In The Biz may share such information and data with any third party with whom Ms. In The Biz has a contractual relationship to provide the requested product, service or functionality on behalf of www.msinthebiz.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.msinthebiz.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Ms. In The Biz that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Ms. In The Biz or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ms. In The Biz content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ms. In The Biz and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ms. In The Biz or our licensors except as expressly authorized by these Terms.

Image and Video Terms of Use

Ms. In The Biz often display images, audio, and video (the “Material”). The types of Material authors are authorized to use on Ms. In The Biz include Material commissioned by Ms. In The Biz, LLC, embedded material, or material Ms. In The Biz believes to be covered by the Fair Use Doctrine, taking into account factors such as: (1) the purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody; (2) the nature of the copyrighted work (i.e. factual or newsworthy versus creative works); (3) the effect on the potential market for the copyrighted work (for example, use that is not substitutive for the original, or would never be licensed in any event), material from photographic archive and video vendors, Material supplied to our editors or released into the public domain by public relations and marketing companies for press purposes.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Ms. In The Biz has no obligation to monitor the Communication Services. However, Ms. In The Biz reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Ms. In The Biz reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Ms. In The Biz reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ms. In The Biz’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Ms. In The Biz does not control or endorse the content, messages or information found in any Communication Service and, therefore, Ms. In The Biz specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Ms. In The Biz spokespersons, and their views do not necessarily reflect those of Ms. In The Biz.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to www.msinthebiz.com or posted on any Ms. In The Biz web page

Ms. In The Biz does not claim ownership of the materials you provide to www.msinthebiz.com (including feedback and suggestions) or post, upload, input or submit to any Ms. In The Biz Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ms. In The Biz, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Ms. In The Biz is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ms. In The Biz’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Ms. In The Biz account to third party accounts. By connecting your Ms. In The Biz account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Ms. In The Biz from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ms. In The Biz Content accessed through www.msinthebiz.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Ms. In The Biz, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ms. In The Biz reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ms. In The Biz in asserting any available defenses.

Copyright Notices

If Ms. In the Biz publishes Material you think infringes your copyright, please email us at contact [at] msinthebiz.com and we’ll address your concerns. If we determine we’ve made a mistake, we’re sorry and we’ll take it down.

However, if we believe that our use is legitimate, we may not remove it from the site. If you’ve corresponded with Ms. In The Biz and thereafter choose to pursue a copyright notice, please note that we’ll respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site.

To file a notice of infringement with us, you must provide a written communication (by email—to contact [at ] msinthebiz.com—with an attached and signed PDF) that sets forth the items specified below. If we do not respond in 10 business days, please write again—high volume and spam means we sometimes miss emails.

To enable us to address your concerns, please provide the following information:

– For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the material.

– Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone number.

– For images, provide the following, detailing your claim to ownership of the copyright in the allegedly infringing image:

1. Proof of copyright in the image concerned, namely proof of registration of the Image under the DMCA; or, absent such registration, a detailed description the photograph—where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.

2. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

3. Sign the document and email it to contact [at] msinthebiz.com

You acknowledge that if you fail to comply with all of the requirements of this Section 3.D., your DMCA notice may not be valid. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on Ms. In The Biz infringes your copyrights.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MS. IN THE BIZ, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MS. IN THE BIZ, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MS. IN THE BIZ, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MS. IN THE BIZ, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MS. IN THE BIZ, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Ms. In The Biz reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ms. In The Biz as a result of this agreement or use of the Site. Ms. In The Biz’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ms. In The Biz’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ms. In The Biz with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ms. In The Biz with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ms. In The Biz with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Ms. In The Biz reserves the right, in its sole discretion, to change the Terms under which www.msinthebiz.com is offered. The most current version of the Terms will supersede all previous versions. Ms. In The Biz encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Ms. In The Biz welcomes your questions or comments regarding the Terms:

Ms. In The Biz, LLC
1976 S La Cienga Blvd, #393 Los Angeles, California 90034

Email Address: contact@msinthebiz.com

Telephone number: 424-235-0540

Effective as of April 15, 2013