Our Terms of Use

These Terms and Conditions of Use apply to the Hayden’s website located at www.haydensm.com and all associated sites linked to www.haydensm.com by Elf, its subsidiaries and affiliates, including Elf sites around the world (collectively, the “Site”). The Site is the property of Elf 1 LLC (“Elf”). By using the site, you agree to the terms of use. If you do not agree, do not use the site.

Elf reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Elf grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Below are general terms regarding usage of the Hayden’s website (Hayden’s):

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Elf, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Hayden’s express prior written consent.

Artist Contributions

Hayden’s is a free magazine that supports the work of artists around the world. Using any image, graphic, illustration, sound or music clip, logo, artwork, article or other material outside of our website www.haydensmagazine.com requires the DIRECT permission of that artist. No visitor to the website may duplicate or sell content from this site. Use of any artist content requires permission directly from the artist. All contact information is provided directly by the artist’s profile and feature in each magazine issue. For any further questions regarding usage, please contact us directly at hello@elf.agency.

Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Elf reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Elf server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Elf’s systems or networks, or any systems or networks connected to the Site or to Elf.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Elf on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Elf or others.

Privacy Policy

Hayden’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Links to Other Sites and to Hayden's Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Elf’s control, and Hayden’s is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Elf does not promise that the site or any content, service or feature on the site will be error-free or uninterrupted or that any defects will be corrected or that the use of the site will provide specific results. This site and its content are delivered on an “as is” and “as available” basis. All information provided on this site is subject to change without notice. Elf cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destruction features. Elf disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Elf disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Elf services. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against Elf for any dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Elf reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Void Where Prohibited

Elf administers and operates the www.haydensmagazine.com Site from its location in Coral Gables, FL; other Elf sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Elf reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Elf with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Elf with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Elf, Elf will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Elf’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Elf of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Elf and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Elf provides access to Elf international data and, therefore, may contain references or cross references to Elf products, programs and services that are not announced in your country. Such reference does not imply that Elf in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Elf shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.