Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the HOW Media LLC website (the “Site”) or any HOW Media LLC applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to HOW Media LLC and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the HOW Media LLC/SelectCityMag.com website (the “Site”) or any HOW Media LLC applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to HOW Media LLC and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

SelectCityMag.com provides generalized thoughts and suggestions regarding possible dining, entertainment, lifestyle, trend, and nightlife options. The Site includes general information on topical issues. At no time do we review content for officially-licensed or legal sufficiency, draw officially-licensed or legal conclusions, or provide officially-licensed advice, opinions or recommendations, which readers and users are free to consult other sources for opinions on, including officially-licensed and -trained professionals. HOW Media LLC, its Services, are not a substitute for the advice or services of an officially-certified, -licensed, or -trained professional.

HOW Media LLC strives to keep its information accurate, current and up-to-date. However, because the law changes rapidly, HOW Media LLC cannot guarantee that all of the information on the Site or Applications is completely current. Furthermore, information contained on the Site and Applications is not officially-licensed/-certified advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need official advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed professional in your area.

  1. Privacy Policy. HOW Media LLC respects your privacy and permits you to control the treatment of your personal information. A complete statement of HOW Media LLC’s current Privacy Policy can be found by clicking here. HOW Media LLC’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify HOW Media LLC immediately of any unauthorized use of your account, user name or password. HOW Media LLC shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by HOW Media LLC, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain HOW Media LLC products or services, you may be asked to provide personal information and editorial content or original works of authorship in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant HOW Media LLC a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information and works of authorship in perpetuity for any and all purposes.

  1. Ownership. This Site and Applications are owned and operated by HOW Media LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by HOW Media LLC or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by HOW Media LLC, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of HOW Media LLC’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. HOW Media LLC does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by HOW Media LLC. Any rights not expressly granted herein are reserved by HOW Media LLC. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
  2. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than HOW Media LLC (each a “Third Party Site”). HOW Media LLC works with a number of partners and affiliates whose sites are linked with HOW Media LLC. HOW Media LLC may also provide links to other citations or resources with whom it is not affiliated. HOW Media LLC is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. HOW Media LLC makes no guarantees about the content or quality of the products or services provided by such sites. HOW Media LLC is not responsible for webcasting or any other form of transmission received from any Third Party Site. HOW Media LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HOW Media LLC of the Third Party Site, nor does it imply that HOW Media LLC sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that HOW Media LLC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
  3. No warranty. The site, applications, and all materials, documents or forms provided on or through your use of the site or applications are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, HOW Media LLC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

HOW Media LLC makes no warranty that: (a) the site, applications, or the materials will meet your requirements; (b) the site, applications, or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the site, applications, or any materials offered through the site or applications, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you through the site, applications, or in reliance on the materials will meet your expectations.

Obtaining any materials through the use of the site or applications is done at your own discretion and at your own risk. HOW Media LLC shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

  1. Limitation of liability and indemnification. Except as prohibited by law, you will hold HOW Media LLC and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if HOW Media LLC has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of HOW Media LLC, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
  2. Unsolicited Submissions. Except as may be required in connection with your use of HOW Media LLC Services, HOW Media LLC does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information, editorial content, submissions, creative works, or material submitted to HOW Media LLC through or in association with this Site shall be considered non-confidential and HOW Media LLC’s sole and exclusive property. By providing such submissions to HOW Media LLC you hereby assign to HOW Media LLC, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. HOW Media LLC shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
  3. Compliance with Intellectual Property Laws. When accessing HOW Media LLC or using the HOW Media LLC Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your HOW Media LLC user account.

HOW Media LLC has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of HOW Media LLC or of a third party or that violate intellectual property rights generally. HOW Media LLC’s policy is to remove such infringing content or materials and investigate such allegations immediately.

Copyright Infringement:

Notice. HOW Media LLC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) 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; and (6) 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 an exclusive right that is allegedly infringed. The above written information must be sent to our registered Copyright Agent:

Copyright Agent
c/o HOW Media LLC.com, Inc.
P.O. Box 20142

New York, NY 10021

  1. Inappropriate Content. When accessing the Site, any Applications, or using HOW Media LLC’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. HOW Media LLC reserves the right to terminate or delete such material from its servers. HOW Media LLC will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  2. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
  3. Personal Use. The site is made available for your personal use on your own behalf.
  4. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
  5. Governing Law; Venue.  Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials will be governed by Arbitration in the venue of HOW Media LLC’s sole choosing. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
  6. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, HOW Media LLC.com. ALL RIGHTS RESERVED.
  7. Trademarks. HOW Media LLC, SelectCityMag.com, SEECT: Your City’s Secrets Unlocked™, logos, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of HOW Media LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
  8. Right to Refuse.You acknowledge that HOW Media LLC reserves the right to refuse service to anyone and to cancel user access at any time.
  9. Acknowledgement. BY USING HOW MEDIA LLC’S SERVICES OR ACCESSING THE HOW MEDIA LLC/SELECTCITYMAG.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Updated 5/01/17