terms of use

 

Introduction

You are advised to read these terms of use carefully, because they govern the access and use of this Destiny (or Destiny Magazine) website, a Silvertrust Communications asset. By using the website, you affirm that you agree to these terms of use. If you do not agree to these terms of use, please discontinue your use of the website.

Definitions

"We", "us" and "our" mean Destiny and by implication, the Silvertrust Communications organization. We may refer to you or any person that uses our Website as "you" or "your" or a "user." When we use the term “Website” we mean all the individual URL(s) or Internet address locations, sites and pages within our principal domains and materials provided with our web sites.

The website includes without limitation, our applications, content, information, graphics, multimedia materials, code, logos, service and trademarks, designs, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions, tools and services in, on or associated with our Website.

These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Website ("Additional Terms"), all of which are incorporated by reference and form a part of our Terms of Use for all purposes.

License

You may use the Destiny website only for personal, non-commercial purposes. You may not use the Website in a manner that exceeds the rights granted for your use. Unless otherwise specifically provided, you may not use any data mining, robots, or similar data gathering and extraction tools on the Website, frame any portion of the Website, scrape our Website or databases, or reproduce, reprint, redistribute, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Website (or any portion) without our prior written consent.

Proprietary Rights

You acknowledge and agree that the Destiny website is and shall remain the exclusive property of our organization. All rights are reserved. We own the copyright in the contents of the Website as a collective work and/or compilation in the selection, coordination, and arrangement of the Website. We and all other names, logos, and icons identifying our organization and our services are proprietary trademarks, and any use of such marks without our express written permission is prohibited.

No Warranty

We provide the website “as is”, “with all faults” and “as available”. Destiny excludes any express or implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. Nothing in this agreement is intended to affect any applicable rights you may have under local law.

Limitation of Liability

Diversity will not be liable to you for any lost profits, data or other consequential, special, indirect or incidental damages arising out of your use of this website or in connection with these terms of use, even if we have been advised of such damages. Some jurisdictions do not allow exclusions of certain warranties or limitations on certain damages, so some of these exclusions and limitations may not apply to you.

We are entitled to the maximum limitation permitted, if any limitation or exclusion of damages or liability is restricted by law in the applicable jurisdiction. In no event shall our total liability to you exceed the total amount you paid to us in connection with the subject matter of the dispute.  

Changes to Our Website and Terms of Use

Destiny may modify all or any part of our Website, as well as our Terms of Use at any time. The changes are effective after we post the changes or notify you. If you use our Website after the date we say the changes are effective, it means you are agreeing to be bound by the Terms of Use with all the changes we posted.

You agree that we may provide to you required notices, agreements and other information concerning the Website electronically, and that these Terms of Use has the same effect as an agreement in writing. We will post a notice of material changes to our Terms of Use on our Website. We encourage you to check back here frequently so you remain aware of the current Terms of Use that apply to you.

We Have the Right to Terminate

We have the right to discontinue, suspend or terminate our Website or your use of our Website at any time, including any time we determine, in our sole judgement, your use of our Website does or may violate our Terms of Use. We may use technological, legal, operational or other means available to enforce our Terms of Use.

Governing Law and Disputes

Our Terms of Use and your use of this Destiny Website shall be construed, governed by and enforced under substantive laws of the United States and Canada, without regard to its conflict of law provisions. You agree to submit to the exclusive personal jurisdiction of the pertinent laws, for the purpose of litigating any and all disputes arising out of these Terms of Use or your use of the Website.

Other Provisions

The Terms of Use constitute the entire agreement you have with Destiny regarding the subject matter and supersede any and all prior and/or inconsistent understandings. The unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. You may not assign your obligations to anyone else. If we fail to enforce any portion of the Terms of Use, it shall not be considered a waiver. These Terms of Use do not confer any third party beneficiary rights.

All Rights Reserved © October 2012 to Present