Terms & Conditions

in general… This website, moderntonic.com (sometimes referred to as the “Website”), is fully owned, operated and controlled by Music in a Different Kitchen, LLC (along with its owners, affiliates, subsidiaries, managers, members, employees, officers, successors, representatives, licensees and assigns, “we”, “us” or the “Company”).  Your use of the Website is explicitly conditioned upon your agreement to the terms herein. We may modify these terms at any time at our discretion, and any such modifications will be posted here. If you have any questions about the Website or our policies, please send us an email through the form on the Contact page of this website.

rights… Unless specifically noted differently, all materials appearing on the Website , except third party advertisements, are authored and owned by the Company. All rights in and to the Company and the Website, and all elements therein (except public domain material), including, without limitation, titles, are fully protected by Copyright, Trademark and/or other intellectual property laws and may not be copied, distributed, performed, exhibited or otherwise exploited (except pursuant to our written authorization – you may contact us  through the form on the Contact page to request permission).

restrictions on use… This Website may not be used or viewed  in any manner by anyone who would be legally designated a “minor” in their applicable jurisdiction or by anyone in a jurisdiction in which any material thereon would be legally characterized as obscene or otherwise illegal for that particular user. By opting to view or use the Website or Subscription Service, you warrant and represent that (a) you are 18 years or age or older; (b) you do not reside in a jurisdiction in which any materials on the Website would be legally characterized as obscene or otherwise forbidden and (c) you are not a minor as defined by the laws of your jurisdiction. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website, with or without notice, and shall incur no liability as a result. The Website is for your private, non-commercial use only. You will not represent that any of your statements, products or services are endorsed by us. You will not interfere with the Website or the attendant servers, or networks. You shall not download, disassemble, damage, alter or otherwise interfere with the Website or the software used to operate it. Your usage shall not violate the terms hereof or any applicable law. You shall not use any information we provide to stalk or otherwise harm or damage any person, entity or body.

third party materials on the site… While we will sell ad space to third parties, we will not allow our advertisers at any time to influence the materials on our Website, including, without limitation, the views expressed therein. We are not responsible for the content of any third party advertisements or the representations made therein. Your use of the Website is conditioned upon your agreement that you will in no way hold the Company responsible for any ads or their content. Further, at our discretion, from time to time, you may be able to link to third party websites from our Website or Emails. These third party websites are not reviewed by us and we do not control them in any way, nor can we make any representation about them. We are not responsible for their content, advertising, products or materials, and a link does not imply our endorsement. Your use of the Website is conditioned upon your agreement that you will not hold us responsible for any damage, loss or other liability you suffer, nor shall you make any claim, complaint, action or suit against us, based upon the any third party advertisement or website. Further, your use of any third party website is conditioned upon your warranty that such use does not violate the applicable laws of your jurisdiction. The terms of this Agreement, including our privacy policies, will not apply to your use of other websites.

limitation on liability… Except in jurisdictions where such provisions are restricted, and in no way meant to limit the terms of the following paragraph, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including also lost profits arising from your use of the Website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to monetary damages at law, and you shall not pursue or obtain injunctive or equitable relief. You agree that any suit, action, complaint or claim between us shall be resolved by arbitration pursuant to AAA rules in New York City, and the resultant decision shall be enforceable in any court having jurisdiction over the party to be bound. The arbiter(s) will be directed to award attorneys fees to the prevailing party. You expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree to indemnify and hold us harmless from and against any claims, actions, suits, complaints, costs, fees, losses, damages or other liability resulting from your breach of these terms and conditions or from your intentional misconduct or negligence attendant to your use of the Website.

no guarantee or warranty… Except in jurisdictions where such provisions are restricted, views, advice, opinions, statements or other information, material or content made available through the Website are those of their respective authors, for entertainment purposes only and should not be relied upon. The Website is offered only “as is,” “where is” and “as available” and we make no warranties, express or implied, and disclaim all liability in connection therewith, including, without limitation, in relation to failure of performance or to achieve desired results, access, safety, non-infringement, privacy and publicity laws (including invasion of privacy, slander, libel, defamation, exposure and revelation), infection, contamination, deletion, interruption, merchantability, suitability, fitness, defect, delay, error, omission, originality, usefulness, accuracy or suitability, and any resultant damage, loss, injury or liability, including, without limitation, from breach of contract, tort, negligence, infringement, defamation or any other claim, action, suit or complaint.

other… You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. This Agreement contains the entire agreement between you and us regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Except for amendments by the Company as noted above, this Agreement may not be changed except pursuant to the written agreement of both parties hereto.