Legal

Legal

The terms, “We”, “Us”, “Our”, refer to TryBelle Magazine, the site TryBelleMag(dot)com, TryBelle, owner(s), and employees.  The terms “You”, “Your”, refer to you the reader, writer, user, contributor, commentor, and/or author.

Privacy Policy

TryBelle Magazine is committed to protecting its readers’ privacy. This policy outlines the handling of personal information about TryBelle’s readers, authors and users who register for the site.

Creating an account

In order to access a profile and post comments on TryBelle you should, but are not required to first create an account with a username and password. The registration and comment system requires that a valid email address be used to confirm the account. It is advised that you should choose a username that does not include your last name and does not specify your city or your address. TryBelle asks that you use your first name only or an alias for your display name. This is for your own protection.

TryBelle accounts are backed up regularly. If a user changes the information on her or his account, TryBelle’s stored data backups may include the user’s original information. If you email anyone at TryBelle, a record of the addresses and correspondence will continue to exist. We save this information so that we can respond to you and have a record of that correspondence.

Kinds of Information
Personally identifiable information

We never share personally identifiable information with third parties, with one exception: if TryBelle has a good faith belief it must do so to meet a legal requirement, such as pursuant to a subpoena or other judicial or administrative order. Please be advised, however, that although we take technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, TryBelle cannot warrant that your information will be absolutely secure. Any transmission of data is at your own risk.

Aggregate information (non-personally identifiable information)
We may collect and provide aggregate information (that is not linked to any personally identifiable information) about our visitors, to our advertisers, sponsors, promotional partners and affiliates, such as how many persons visited a particular page or activity, the average age of our visitors on the site or page, or the likes and dislikes of our visitors. We use log files, like most websites. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track users’ movement in the aggregate, and gather broad demographic information for aggregate use. This information isn’t linked to personally identifiable information and does not include any personal information about any individual visitor.

Links

Our site will contain links to other sites. Please know that TryBelle Magazine is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any website that collects personally identifiable information.

Changes to our Privacy Policy

We may periodically modify, alter, or update this Privacy Policy. We will alert readers to any material changes to this policy by posting the revised information here. We encourage you to review our Privacy Policy on a regular basis to stay informed about how we are protecting the personal information we collect. Your continued use of our site constitutes your agreement to this Privacy Policy and any updates.

In the Event of a Sale, Merger, Acquisition or Closure

In the event of a change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets or a bankruptcy, Trybelle Magazine reserves the right to transfer your personal information to the new party in control or the party acquiring assets. We will only do that if the party we transfer the information to agrees that they will abide by our Privacy Policy for as long as they hold the information, and that they will not transfer the information to any other party who will not abide by our Privacy Policy.

Children’s Privacy

If you are under 13 years of age, you are not allowed to register for TryBelle. We never knowingly collect personal information from persons under the age of 13. If we learn that we have any information or content from anyone under the age of 13, we will delete that information immediately.

Sharing of Information with Partners

As stated above, we may collect and provide aggregate information about our visitors to our advertisers, sponsors, promotional partners, and affiliates, such as how many persons visited a particular page or activity, the average age of our visitors on the site or page, or the likes and dislikes of our visitors, but this information does not include personal information about any individual visitor.

Online advertising for TryBelle is self-administered and may also be delivered by third-party advertising companies or applications. These companies facilitate the delivery of ads and conduct market research, and make a cookie—a small text file that’s stored on a user’s computer—for record-keeping purposes. These cookies sometimes enable the companies to serve you ads tailored to things you have shown interest in based on your web activity. So it’s possible that if you frequently read beauty product reviews, you might see ads relating to beauty products. Online advertising companies generally conduct this activity in an anonymous format, with online information not combined with information that would allow for your identification.

The third-party companies that may be serving advertisements on TryBelle may include DoubleClickGoogle and Blue Kai. If you would like more information about the collection, use and disclosure practices of these companies and want to know your options for not having this information used by these companies, click on the company names above and follow the links to the company websites.

The Site’s third party advertising company partners typically belong and/or conform to the standards and principles of the Network Advertising Initiative (NAI). The NAI allows you to opt out of the cookies used to tailor advertisements to you through the NAI website. If you would like to opt out of the storage of anonymous information used by our third party advertising company partners, visit www.nai.org. The NAI opt-out tool is cookie based. In order for it to work on your computer, your browser must be set to accept third-party cookies. You also have the option to opt out of cookies in your Internet browser. You can do this by following directions in your browser’s “help” file. If you choose to opt out through your Internet browser, TryBelle will still be usable and accessible, but a user’s ability to use some features of the site, such as commenting, may require logging in for each action.

Terms of Use

Please read the following Terms of Use before using TryBelle Magazine (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. If you don’t agree to the Terms of Use, please don’t use this Site. Every time you use the Site, the Terms of Use that are current at that time will apply.

Intellectual Property
 Rights

The data and materials on the Site, except User Submissions (as defined below), as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the “Content”) are the intellectual property of TryBelle Magazine (“TryBelle,” “we,” or “us”), our licensors and our contributors. The Content is protected by copyright and other intellectual laws and all ownership rights remain with us, our licensors or our contributors, as the case may be.

User Comments

Users may be required to register to comment on TryBelle. A user must be at least 13 years old to register for TryBelle. For more on this, please read the above Privacy Policy. TryBelle advises that no commenter use their last name when choosing a display name – use your first name or an alias. Do not enter your street address. Users should include no information that makes them publicly identifiable. All comments are moderated by TryBelle Magazine, and we reserve the right to refuse comments and to remove comment accounts entirely at our discretion, including but not limited to for alleged violation of Terms of Use.

User Submissions

TryBelle permits the submission of communications, including images, comments, and text (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. Please follow TryBelle’s advisements when both commenting and submitting—no last names, no addresses, no personally identifiable information. Your user submissions will go only to TryBelle for moderation, but will be public once approved. What this means: We reserve the right to not publish your comments.

You agree that if you submit a User Submission to the Site that you shall be solely responsible for your own User Submission and the consequences of posting or publishing such. In connection with User Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.

You retain all of your copyright rights in your User Submissions, except as set forth herein. By submitting User Submissions to TryBelle Magazine, you (1) hereby grant TryBelle a worldwide, non-exclusive, royalty-free, sub-licenseable, assignable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, perform, edit and disseminate by all media, whether now known or hereafter devised, create derivative works based thereon, and/or insert the User Submissions in connection with TryBelle’s (and our subsidiaries’, derivatives’, or successor’s) business (what this means in short: you continue to own the work, and are legally responsible for it and any and all copyright and consent issues, and TryBelle has the right to feature that submission on our site and in any TryBelle-branded derivative work in perpetuity); (2) grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, publish, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use; (3) you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to by the written consent of all parties; (4) we do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.

We will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right, at our sole discretion, to remove Content and User Submissions without prior notice.

What all this means: if you send us a picture or other submission, you are agreeing that you own whatever you sent us, and have the right to distribute and otherwise use it. In sending it to TryBelle, you are giving us the right to feature it on our site and in any TryBelle branded derivative work (eg: print publications or videos) in “perpetuity,” or “for as long as we’d like to.” Payment for any submission must be agreed upon in writing by both you and TryBelle. TryBelle also reserves the right to take down submissions at any point.

Author Submissions

 TryBelle permits the submission of articles, information and content, including images, comments, and text (“Author Submissions”) and the hosting, sharing, and/or publishing of such Author Submissions. Author Submissions must be made directly to TryBelle by email.  Your author submissions will go only to TryBelle and, like user comments, will be moderated. What this means: We reserve the right to not publish your articles.

You agree that if you submit an Author Submission to the Site that you shall be solely responsible for your own Author Submission and the consequences of posting or publishing such. In connection with Author Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Author Submissions to enable inclusion and use of the Author Submissions in the manner contemplated by the Site and these Terms of Use.

You relinquish all of your copyright rights in your Author Submissions. By submitting Author Submissions to TryBelle Magazine, you (1) hereby grant TryBelle a worldwide, non-exclusive, royalty-free, sub-licenseable, assignable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, perform, edit and disseminate by all media, whether now known or hereafter devised, create derivative works based thereon, and/or insert the Author Submissions in connection with TryBelle’s (and our subsidiaries’, derivatives’, or successor’s) business (what this means in short: we continue to own the work, however you are legally responsible for it and any and all copyright and consent issues, and TryBelle has the right to feature that submission on our site and in any TryBelle-branded derivative work in perpetuity); (2) grant each user of the Site access your Author Submissions through the Site. (3) you are not entitled to any compensation for any Author Submissions for any reason, unless expressly agreed to by the written consent of all parties; (4) we do not endorse any Author Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Author Submissions.

TryBelle Magazine reserves the right to authenticate, edit, and reformat all submissions be they written, images or video.  An original document of the submission will be archived, and will remain the property of TryBelle Magazine.

We will remove all Content and Author Submissions if properly notified that such Content or Author Submission infringes on another’s intellectual property rights. We reserve the right, at our sole discretion, to remove Content and Author Submissions without prior notice.

Regular authors/contributors may be given access to the site in order to upload and edit their own articles.  You agree not to misuse this privilege and not to use this access to destroy, decimate, corrupt, or cause any harm, by any method to any portion of the site.  Acceptance of access by signing on to the author’s section of the site means that you agree to all clauses of this document in its entirety.

Advertisers and Sponsors

TryBelle Magazine offers the use of advertising space as well as sponspored (paid for) and unsponsored reviews on our site and other media channels.  Services offered will be pre-negotiated and based on specific services as outlined in our invoice to you.  For sponsored reviews and advertisements, payments must be received prior to the start of your campaign. Campaign dates will be outlined in our invoice to you. No extensions will be given to campaign dates or timelines once payment has been received.  We work on a tight publishing and advertising calendar, if adjustments to dates need to be made after agreement has been reached we will endeavour to meet your needs, however sponsorship of your brand will be based on date and time availability. TryBelle Magazine nor its owner(s), employees, social media managers or others working for, with, or related to TryBelle offer any warranties or guarantees as outlined in our services.  We provide promotion of your product, however do not offer any guarantees as to the effectiveness of the agreed upon promotion.  Promotional campaigns may include on site advertising, social media posts, and paid advertising on other sites.  We reserve the right to use your logo, images, text and other materials for promotional purposes only.

Social Media:

We provide promotion on all our social media including Instagram, Facebook, Pinterest, Google Plus and YouTube.  Occasionally we promote our giveaways and run challenges on these platforms.  It is important to understand that entering a challenge or giveaway is absolutely optional and done so at your own risk.  We do not encourage you to perform any level of fitness, or yoga pose without first consulting with your medical advisor.  It is important to understand your own health and your own body prior to participating in any fitness, yoga, SUP or other challenge or giveaway.  We do not accept any liability or obligation, and you agree to release and hold harmless TryBelle Magazine and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the giveaway/contest/sweepstakes/challenge.

Giveaways Contests and Promotions:

Entrants:  Contest and Giveaway rules as stated in the contest/giveaway outline provided with each contest/giveaway, and are to be strictly adhered to.  We reserve the right to remove, delete, and cancel any contest, at any time, for any reason.  We reserve the right to disqualify any entrant, at any time, for any reason whatsoever. Decision on a winner is full and final.  Winning products cannot be transferred substituted, or supplemented. Winner will be picked for each contest based upon dates, geographic region, and demographic as pre-negotiated with the sponsor.  We do not accept any responsibility for the status of the item, whether it has been received, is defective, is unusable or any other such matter, or reason.  Prize/Giveaway may be sent directly from the sponsor, in that event we do not accept any liability or obligation, and you agree to release and hold harmless TryBelle Magazine and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the giveaway/contest/sweepstakes/challenge and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.

Sponsors/Advertisers/Brands: TryBelle reserves the right to cancel any promotional campaign at any time, for any reason whatsoever.  Contests/Giveaway campaigns will run based on a given set of rules.  Entrants will adhere to these rules in order to qualify for the contest/giveaway.  You the sponsor/advertiser/brand agree to fulfil your obligation of shipping the prize directly to the winner within an agreed upon time frame.  Failure to fulfil the winning prize will result in financial charges against you, which will be used as award to the winning entrant as compensation in substitution for the prize.  Charges will be billed to you based on the retail cost of the prize to be awarded.  Failure to fulfil the prize may also result in state/provincial and/or federal legal liability.  In the event that the prize is shipped from TryBelle.  We will not be held responsible for any charges, shipping, brokerage, duties and taxes, these will be charged directly to you and prize will not be fulfilled to the winner until payment has been received in full.  Failure to fulfil the prize and or payment may result in further financial and legal damages against you from us, the winner and state/provincial and/or federal law.  TryBelle Magazine does not offer any warranties or guarantees of any kind and you agree to release and hold harmless TryBelle Magazine and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the giveaway/contest/sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.

 

Image and Video Terms of Use

TryBelle often displays images, audio, and video (the “Material”). The types of Material editors are authorized to use on Trybelle include Material commissioned by TryBelle, embedded material, or material we believe 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, reader-submitted Material, with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to us for use on TryBelle Magazine (see above under “User submissions” and “Author Submissions).

Copyright Notices

If TryBelle Magazine publishes Material you think infringes your copyright, please email us at Hello [at] TryBellemag.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 the material falls into one of the categories listed above, we believe that our use is legitimate and we may not remove it from the site. If you’ve corresponded with TryBelle 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 Hello [at ] TryBellemag.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 Hello [at] TryBellemag.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 TryBelle infringes your copyrights.

Accuracy of Information

While we strive for accuracy, information on the site may contain errors or inaccuracies; TryBelle does not make any warranty as to the correctness or reliability of the site’s content.

Email Correspondence

Emails sent to any TryBellemag.com email address, or to any email address at TryBelle Magazine are considered our property. You can read more about this in the Privacy Policy, but all correspondence is considered available for publication. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.

Links

TryBelle will contain links to and quotation of material from other sites. Please know that TryBelle is responsible for neither the content of nor the privacy practices of other sites. We encourage our users to be aware when they leave TryBelle Magazine, and to read the privacy statements of any website that collects personally identifiable information.

Information Security

As stated in our Privacy Policy, no data transmission over the Internet can be guaranteed to be 100% safe, so we cannot warrant that your information will be absolutely secure. But TryBelle does have a variety of safeguards—technical, administrative, and physical—in place to help protect against unauthorized access to, use or disclosure of user information.

Changes to our Terms of Use

We may periodically modify, alter or update the Terms of Use. We will alert readers to any material changes to this policy by posting the revised information here. We encourage you to review our Terms of Use on a regular basis to stay informed. Your continued use of TryBelle constitutes your agreement to these Terms of Use and any updates therein.

Dated this day October 26, 2015

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