1. Description of Service.
The Service is operated by Next Issue Media LLC. The Service includes the Sites that provide you access to a variety of content and information, including the capability to order, subscribe to and receive the delivery of various magazines and other publications, content and products (collectively, the “Publications”) including digital versions of the Publications delivered to you.
2. Acceptance of Terms.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, terms, conditions, policies and procedures that may be published from time to time on the Sites by Company, which are incorporated herein by this reference.
The Service is available only to individuals who are at least 13 years old. Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org. You represent and warrant that if you are an individual, you are (i) at least 18 years old or (ii) if you are between the ages of 13 and 18, you have parental permission to enter into this Agreement and to use the Service. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
You represent and warrant that you are of legal age to form a binding contract or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
6. Rules and Conduct.
By way of example, and not as a limitation, you represent, warrant, and agree that you shall not (and shall not authorize or permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service or otherwise use the Services or interact with the Services in a manner, that:
(a) infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other intellectual property right of any other person or entity (including Company);
(b) violates any law or regulation, including any applicable export control laws;
(c) transfers or stores material that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, harmful, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane, or otherwise objectionable;
(d) Runs Maillist, Listserv, any form of auto-responder, unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(e) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(f) jeopardizes the security of your Company account or anyone else’s (such as allowing someone else to log in to the Services as you);
(g) attempts, in any manner, including without limitation post or transmit, or cause to be posted or transmitted, any communication or solicitation, to obtain the password, account, private information, or other security information from any other user of the Services;
(h) violates the security of any computer network, or cracks any passwords or security encryption codes;
(i) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
(j) impersonates any person or entity, including any employee or representative of Company.
(k) use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or content (through use of manual or automated means);
(l) copies or stores any significant portion of the Content (except as expressly authorized by these Terms);
(m) deciphers, decompiles, disassembles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information, or algorithms of or relating to the Services.
(n) takes any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure;
(o) interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Service;
(p) bypasses any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
(q) modifies, translates, or otherwise creates derivative works of any part of the Service;
(r) copies, rents, leases, distributes, or otherwise transfers any or all of the rights that you receive hereunder;
(s) or engage in any kind of illegal activity is expressly prohibited by all applicable local, state, national and international laws and regulations.
A violation of any of the foregoing is may be grounds for termination of your right to access or use the Services.
7. Limitation on Use.
8. Third Party Software.
You acknowledge that software you may download from the Site or through the Service (“Software”) includes certain third party software which is governed by the applicable license terms thereof. A complete list of such third party software included in the Software, including the applicable terms governing such third party software, can be found athttp://www.nextissue.com/legal/third-party-software/. The use of the third party software bundled within the Software is subject to the provisions of such license agreements, and in the event of any contradiction between the provisions of this Agreement and the provisions of such applicable license agreement, the provisions of the applicable third party license agreement shall prevail solely with respect to that specific third party software component. Company makes no indemnity, representation or warranty with respect to any third party software included within the Software.
Company reserves the right to refuse registration of, or cancel a Company User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You may not transfer your account to anyone else without prior written permission from the Company, You will not share your account or password with anyone, and you must protect the security of your account and your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware. If you access the Service through a third party site or service, you will provide your third party account credentials to Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
10. Fees and Payment.
We automatically bill your Payment Method periodically, based on the length of your subscription. For example, for a one-month subscription we bill your Payment Method each month, and for a six-month subscription we bill your Payment Method at six month intervals. We will bill you in each payment month on the calendar day corresponding to the commencement of your Subscription. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event your Subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, for a monthly subscription, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed for each payment period may vary due to promotional offers, changes in your Subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Company changes the subscription fee or other charges for Services from time to time, we will give you advance notice of these changes.
11. Rewards Points.
12. Gift Plans.
13. Interactions with Third Parties.
The Service may permit you to link to other websites or resources on the Internet that are not owned or operated by Company, and other websites or resources that are not owned or operated by Company may contain links to the Sites and Service. When you access third party websites, you do so at your own risk, and that Company is not responsible for such risks. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site or service. The inclusion of any such link does not imply endorsement by Company or any association with its operators. By using the Services, you further acknowledge and agree that Company 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Your interactions with Loyalty Providers, Participating Publishers and other organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If you have a dispute with any Loyalty Provider, Participating Publisher, another use of the Service or any other third party, you understand and agree that Company is under no obligation to become involved. In the event that you have any such dispute, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”
14. Company and Site Content.
You agree that the Service contains Content specifically provided by Company, Participating Publishers and Company’s other partners, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, broadcast, transmit, publicly display, publicly perform, upload, publish, translate, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, or (ii) in any way that violates any other party (including Company’s) right.
You understand that Company owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.
15. User Submissions and Content from Third Party Sites.
The Service may also provide you with the ability to provide, upload, submit, disclose, distribute, share, store or otherwise post (hereafter, “posting”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Services (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service:
- You represent and warrant (and will promptly demonstrate to Company’s satisfaction upon request): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity; (b) that You have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her username(s), on the Service; and (c) that You are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;
- You are responsible for all Content you contribute, in any manner, to the Services. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
- You agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
- You understand that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that Company, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so;
- You acknowledge that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
You acknowledge that Company does not endorse and has no control over any User Submission; and that Company cannot guarantee the authenticity of any data which users may provide about themselves; and that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under the Digital Millennium Copyright Act (the “DMCA”), Company, as an online service provider, is required to remove material that allegedly violates anyone’s copyright. Accordingly, Company reserves the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here http://www.nextissue.com/legal/copyright-policy/.
Company has the right, but not the obligation, to monitor the Site, Service, Content, or User Submissions. Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Company is a distributor (not a publisher) of the Content (including Publications). Accordingly, we have no editorial control over the Publications or any other Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in Publications or other Content, offered by the Service, are those of the respective author(s) or publisher(s) and not of Company and Company will not be liable therefor.
Company does not guarantee the accuracy, completeness or usefulness of any Content, including Publications. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any loss or damage caused by your reliance on information obtained through the Service or from the Content (including Publications), any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
16. Material Changes; Termination. Company may suspend or discontinue any part of the Services, or may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Where it is practical, Company will give you notice when it makes a material change to the Services that would adversely affect you. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, violation of these Terms), in our sole discretion, and without notice.
17. Warranty Disclaimer.
Company and Content providers have no special relationship with or fiduciary duty to you. You acknowledge that Company and Content providers have no control over, and no duty to take any action regarding: which users gains access to the Sites or Service; what Content you access via the Sites and Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company, Participating Publishers and all other Content providers from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Neither Company nor Content providers make any representations concerning any content contained in or accessed through the Service, and neither Company nor Content providers will be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites or the Service.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.
18. Photosensitive Seizure.
A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Sites and Service and consult a doctor.
20. General Content Disclaimer.
The Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that Company shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk.
21. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, PARTICIPATING PUBLISHERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (C) FOR YOUR RELIANCE ON THE SERVICE, (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF ONE-HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (V) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
22. International Use.
Company makes no representation that the Content is appropriate or available for use in locations outside of the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
23. Dispute Resolution.
24. Integration and Severability.
26. Apple App Store
These Terms apply to your use of all the Services, including the applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
(a) Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
(c) You will only use the Application in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(j) Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
27. Copyright and Trademark Notices.
Next Issue Media, Next Issue and the Next Issue logo are either trademarks or registered trademarks of Company. The names of actual companies and products mentioned at the Sites and through the Services may be the trademarks of their respective owners.
You may contact Company at the following address: 4600 Bohannon Dr. #100, Menlo Park, CA 94025 or email@example.com.
Version Effective Date: November 6, 2014