This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with My Mag Spread and set up an Account). The term “User” refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.
Amendments. My Mag Spread may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by My Mag Spread on the Website, (2) for existing Users, thirty (30) days after posting by My Mag Spread on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after My Mag Spread sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your My Mag Spread Account (the “Account”) may be deleted without warning if we believe that you are younger than thirteen (13).
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the “My Account” page. MY MAG SPREAD MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 21 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your My Mag Spread profile information from our live databases as well as any Content that you uploaded to the My Mag Spread Website using such Account. My Mag Spread will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees. You acknowledge that My Mag Spread reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by My Mag Spread on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to My Mag Spread as set forth on the Website.
4. Conditions of sale.
4.1 Eligibility; Credit Card Terms. To order any Magazines, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Magazines or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. My Mag Spread currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before My Mag Spread invoices the credit card for all amounts due and payable. By providing My Mag Spread with your credit card number and associated payment information, you agree that My Mag Spread is authorized to immediately invoice your account for all fees and charges due and payable to My Mag Spread as a result of your purchase of any Magazines or other products. You agree to immediately notify My Mag Spread of any change in your billing address or the credit card used for payment hereunder. My Mag Spread reserves the right, at any time, to change its prices and billing methods for Magazines and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes. My Mag Spread may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Magazines or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Magazines or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as My Mag Spread has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Magazines or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following e-mail address: firstname.lastname@example.org. If My Mag Spread does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by My Mag Spread or its agents.
4.4 Returns. All sales of Magazines and other products are subject to My Mag Spread’s then-current return policies, as posted on the Website.
5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify My Mag Spread’s acceptance of your order, nor does it constitute confirmation of our offer to sell. My Mag Spread reserves the right at any time after receipt of your order to accept or decline your order for any reason. My Mag Spread further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by My Mag Spread upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Password. When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify My Mag Spread immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
7. Your Magazine Content.
7.1 Definitions. “Content” includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your “Magazine Content” includes Content that you include in the Magazines, submit to My Mag Spread for Magazines and print services.
7.2 Content Acknowledgement. You hereby acknowledge that any magazine you order is a fictitious and/or novelty item. You also hereby acknowledge that all content, advertisements, promotions, articles, stories, recommendations, suggestions, solicitations, and any other aforementioned content is fake and fictitious in its form as depicted in the magazine. You hereby agree not to promote, distribute, and present the content within the magazine as facts to any other third party, including any person that you give the magazine as a gift. You agree not to distribute, resell, promote, or present the magazine in any other form as described above. Any violation of section 7.2 shall be subjected to the Hold-Harmless and Indemnity conditions stated in section 15.
7.3 Ownership of Your Magazine Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Magazine Content that you provide to and post on the Services, or provide for our print services to have them printed in a Magazine, and (ii) your Magazine Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
7.4 License. In order for My Mag Spread to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Magazine Content:
7.4.1. License to print your Magazines. You hereby grant to My Mag Spread a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Magazine Content for the purpose of printing the Magazines that you order. You agree that My Mag Spread reserves the right to maintain the electronic files for any Magazine(s) to fulfill any further orders which may be placed for such Magazine(s) and to maintain an archival copy of the printed Magazine.
7.4.2. License to use your Magazine Content for optional My Mag Spread features. In the event you decide to use any optional feature that My Mag Spread may offer, such as allowing others to search for and see an electronic preview of your Magazine(s) or applications to use the Services in connection with other services and online communities, you hereby grant to My Mag Spread a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Magazine(s), any Magazine Content therein, and any other data and information you provide in connection with the optional feature, as required for My Mag Spread to provide such optional feature.
8. Other Content. Notwithstanding Section 7.3.2 above, You hereby grant to My Mag Spread an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content that you upload, post, email, transmit or otherwise make available on the Website or “Other Content”. Examples of Other Content include your digital correspondences with My Mag Spread via social media, any public information you upload about a Magazine through our Website, and public profile information you provide through our Website. We may use Other Content in our internal and external marketing materials as well as to provide You with better service and support.
9. Your Content and Activity. You are solely responsible for any and all Magazine Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Magazines submitted by you for print services. You agree that My Mag Spread retains the right to create limits on My Mag Spread’s archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
9.1 Prohibited Content. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content”includes Magazine Content or Other Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of My Mag Spread; or (xii) otherwise violates this Agreement or creates liability for My Mag Spread. MY MAG SPREAD RESERVES THE RIGHT TO REFUSE TO PRINT ANY MAGAZINE THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold My Mag Spread and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
9.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
9.3 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
9.4 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of My Mag Spread. You will use the Services in a manner consistent with any and all applicable laws and regulations.
9.5 Enforcement by My Mag Spread. My Mag Spread has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of My Mag Spread violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for My Mag Spread, its suppliers, service providers, partner companies, or any User. My Mag Spread reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
10. Copyright Policy. It is My Mag Spread’s policy to terminate membership privileges of any Member who infringes copyright upon prompt notification to My Mag Spread by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Magazine in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please submit this information to email@example.com.
11. Third Parties and Other Users.
11.1. Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because My Mag Spread does not control such Content, you agree that My Mag Spread is not responsible for any such Content, including advertising and information about third party products or services. Because My Mag Spread does not have control over such Content, My Mag Spread makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and My Mag Spread assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
11.2. Responsibility. Your interactions with other Users or third parties, or with advertisers, 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 the other User, the advertiser, or third party. You agree that My Mag Spread will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), My Mag Spread is under no obligation to become involved; however, My Mag Spread reserves the right to monitor disputes between you and other Users.
12. Limited Warranty.
12.1. Limited Warranty for Magazines. My Mag Spread warrants that, subject to minor differences across products and printing partners as described in My Mag Spread’s Return Policy available at https://www.mymagspread.com/returns. In addition, you also agree to My Mag Spread’s Shipping Policy available at https://mymagspread.com/shipping-policy/. Magazines will be free of any material defects in materials and workmanship. My Mag Spread will, at its own expense and at its sole obligation and your exclusive remedy, replace any materially defective Magazines which you report to My Mag Spread via My Mag Spread’s Order Support within fourteen (14) days of your receipt thereof in accordance with the Return Policy.
12.2. Exceptions to Warranty. YOUR MAGAZINE CONTENT CANNOT BE EDITED ONCE YOU HAVE SUBMITTED APPROVAL. Therefore, you agree that you will not approve Magazine Content unless you are satisfied that it is ready to be printed.
12.3. Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 14.1 ABOVE, (B) MY MAG SPREAD EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
13. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, MY MAG SPREAD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MY MAG SPREAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY MAG SPREAD’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO MY MAG SPREAD IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE MY MAG SPREAD’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MY MAG SPREAD OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Release. You hereby release My Mag Spread, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, 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.”
15. Indemnity. You agree to defend, indemnify, and hold My Mag Spread, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
16. Electronic communications. The communications between you and My Mag Spread use electronic means, whether you visit the Website or otherwise use the Service or send My Mag Spread e-mails, or whether My Mag Spread posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from My Mag Spread in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that My Mag Spread provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
17. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Georgia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and My Mag Spread agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Atlanta, Georgia (USA) in such legal action or proceeding. Any claim or dispute in connection with this Agreement will be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Magazines and other products from the My Mag Spread Services.
18. Notices. My Mag Spread may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with My Mag Spread, or by written communication sent by first class mail or pre-paid post to your address on record with My Mag Spread. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email).
20. Copyright/Trademark Information. Copyright © 2019, My Mag Spread. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website or in connection with the Services are the property of My Mag Spread or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
21. International Provisions. The following provisions shall apply only if you are located in the countries listed below.
21.1. United Kingdom. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.