Effective Date: September 6, 2019
These Terms apply to your use of the Sites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Services.
We recommend that you read these Terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these Terms which apply to you, we have divided up the document into the following sections:
We are a US-based company that facilitates the sale of magazine subscriptions from magazine publishers through our marketing partners directly to you and potentially other goods and services.
The content offered on the Sites and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Sites, in any medium, without Magazine Order Center’s prior written consent, or (ii) alter or modify any part of the Sites other than as may be reasonably necessary to use the Sites for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content or to manipulate the Sites or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Sites or any computer software or hardware or telecommunications equipment. You may not use the Sites or Services in any manner that could damage, disable, overburden, or impair any Magazine Order Center server, or the networks connected to any Magazine Order Center server, or interfere with any other party’s use and enjoyment of any Sites or Services. You may not attempt to gain unauthorized access to any Sites or Services, other accounts, computer systems or networks connected to any Magazine Order Center server or to any of the Sites or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or Services. You may not reverse engineer, decompile or disassemble any software accessed through Sites or Services, including any proprietary communications protocol used by Magazine Order Center.
The Services and all material published on the Sites, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, software, sounds, messages, comments, ratings, and other materials on the Sites and all trademarks, service marks and logos is owned by Magazine Order Center or its licensors (collectively, the “Content”), and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Magazine Order Center owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Content, in whole or in part, without Magazine Order Center’s prior written consent. You acknowledge that you do not acquire any ownership rights in any Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Magazine Order Center without express written consent. Except for allowing you to use the Sites and Service for your personal use as set forth in the paragraph above, when you use the Sites or Service, you are not receiving a license or any other rights from Magazine Order Center, including intellectual property or other proprietary rights of Magazine Order Center. You understand that you have no rights to the Sites or Services or any other Magazine Order Center property except as we indicate in these Terms.
YOU UNDERSTAND THAT YOUR USE OF THE SITES AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING SITES AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Magazine Order Center MAKES NO WARRANTY THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Magazine Order Center DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITES AND SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAGAZINE ORDER CENTER, OR ITS AFFILIATES OR AGENTS, BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITES OR THE SERVICES, EVEN IF MAGAZINE ORDER CENTER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MAGAZINE ORDER CENTER’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $25. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
The Sites and Services are controlled from facilities in the United States. Magazine Order Center makes no representations that the Sites or Services are appropriate or available for use in other locations. Those who access or use the Sites and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You may be able to access other websites or resources through links on the Sites. Because Magazine Order Center has no control over such sites and resources, you acknowledge and agree Magazine Order Center is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does Magazine Order Center endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Magazine Order Center shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Magazine Order Center (‘Dispute”) shall lie in the state or federal courts located in New York County, New York. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Magazine Order Center, the Services, the Content or the Sites must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
These Terms and policies incorporated herein (“Policies”), are the entire agreement between you and Magazine Order Center. They supersede any and all prior or contemporaneous agreements between you and Magazine Order Center relating to your use of the Sites or the Services. Magazine Order Center may assign these Terms in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of Magazine Order Center to partially or fully exercise any rights or the waiver of Magazine Order Center of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Magazine Order Center or be deemed a waiver by Magazine Order Center of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Magazine Order Center under these Terms, its Policies and any other applicable agreement between you and Magazine Order Center shall be cumulative, and the exercise of any such right or remedy shall not limit Magazine Order Center’s right to exercise any other right or remedy.