PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICE (DEFINED BELOW) OFFERED BY MAGAZINE SUBSCRIPTION CLUB, A DBA OF INSTANT RETAIL SOLUTIONS, LLC (“COMPANY”).
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY COMPANY, INCLUDING, WITHOUT LIMITATION, THE WWW.MAGAZINESUBSCRIPTIONCLUB.COM WEBSITE, AND ANY OTHER SUB-DOMAINS THEREOF AND ALL MOBILE APPLICATIONS AND OTHER METHODS OF CONTENT DISTRIBUTION (“SITES”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY, WITH THE SITES, “SERVICE”). YOU MUST AGREE TO AND ACCEPT ALL THE TERMS, OR YOU DON’T HAVE THE RIGHT TO USE THE SERVICE. BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND THESE TERMS OF USE REMAIN IN EFFECT WHILE YOU USE THE SERVICE. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY SERVICE AND CONTENT PROVIDED TO YOU THROUGH THE SERVICE, ARE BEING PROVIDED TO YOU BY COMPANY AND THE PARTICIPATING PUBLISHERS.
1. Description of Service
The Service is operated by Magazine Subscription Club. 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 print magazines and other publications, content and products (collectively, the “Publications”) including digital versions of the Publications that may be provided as a free benefit to print subscribers of the participating Publications.
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 maybe 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 Service. If you are under 13, please do not attempt to register for the Service 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 Service. 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 support@magazinesubscriptionclub.com 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 Service and take full responsibility for the selection and use of and access to the Service. 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 Service and your parent or guardian has agreed 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).
3. Modification of Terms of Use
Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or through the Service or by sending you an email or other communication.
It is your responsibility to check the Terms of Use periodically for changes. You are free to reject the new Terms, provided you discontinue your use of the Service. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIBING TO ANY PRINT MAGAZINE AND CONTENT IN CONNECTION WITH THE SERVICE ARE GOVERNED BY COMPANY’S TERMS OF USE, PRIVACY POLICY, AND OTHER SUCH AGREEMENTS AS MAY APPLY, AND THAT ANY INFORMATION AND PERSONAL DATA PROVIDED TO PUBLISHERS WILL BE SUBJECT TO SUCH PUBLISHER’S PRIVACY POLICY.
4. Privacy
Company’s current privacy statement is located at http://magazinesubscriptionclub.com/ (the “Privacy Policy”) and is incorporated into these Terms of Use by this reference. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact support@magazinesubscriptionclub.com
5. Registration
As a condition to using certain aspects of the Service, you will be required to register with Company and select a password and user name (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Company User ID a name that is otherwise offensive, vulgar or obscene.
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.
6. Fees and Payment
Company requires payment of fees for print magazine Subscription Services. Should you elect to subscribe to such features (“Subscriptions”), you shall pay all applicable fees, as described on the Sites in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to you. You shall pay for such Subscriptions with a credit card or other payment method accepted by Company (“Payment Method”) that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity, you may edit your Payment Method information by clicking on Payment Methods upon logging into your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue to charge or invoice, and you will remain responsible for any uncollected amounts, or, at our sole discretion, we may cancel or suspend your account and cancel all subscriptions linked to a past due account. All fees paid hereunder are non-refundable. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The fee for Subscriptions will be billed at the beginning of your Subscription term and at the beginning of each monthly renewal term thereafter unless and until you cancel your Subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. We automatically bill your Payment Method monthly for the amount so designated by the number of magazine subscriptions in your plan.
However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. 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 the Service from time to time, we will give you advance notice of these changes.
7. Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or any applicable laws. The Service (including, without limitation, any Content, or User Submission as defined below) is provided only for your own internal, personal, non- commercial use, not on behalf of or for the benefit of any third party, and only in a manner that complies with all the applicable laws. You are solely responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any Publications, advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service by Company, those publishers whose publications are offered on the Site (“Participating Publishers”), or Company’s other partners.
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 Service or interact with the Service in a manner, that:
- 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);
- violates any law or regulation, including any applicable export control laws;
- 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;
- runs Maillist, Listserv, any form of auto-responder, unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’ infrastructure);
- involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- jeopardizes the security of your Company account or anyone else’s (such as allowing someone else to log in to the Service as you);
- 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 Service;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- 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 impersonates any person or entity, including any employee or representative of Company;
- uses manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Service or content (through use of manual or automated means);
- copies or stores any significant portion of the Content (except as expressly authorized by these Terms of Use);
- 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 Service; 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;
- interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Service;
- 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);
- modifies, translates, or otherwise creates derivative works of any part of the Service;
- copies, rents, leases, distributes, or otherwise transfers any or all of the rights that you receive hereunder;
- or engage in any kind of illegal activity that 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 Service.
Company reserves the right to remove any Content from the Sites or Service 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 Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all.
8. Company and Site Content
This site and all of its contents, including magazine cover images and descriptive copy and other materials that are part of this site are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents or the site.
9. Material Changes; Termination
Company may suspend or discontinue any part of the Service including subscriptions to any Publication in the event the publication ceases publication or withdraws their association with Company. Where it is practical, Company will give you notice when it makes a material change to the Service that would adversely affect you. Company reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, violation of these Terms), in our sole discretion, and without notice.
10. Warranty Disclaimer
Company makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site or content distributed through email or other social media activities. To the full extent permissible by applicable law, Company disclaims all warranties, express or implied. You acknowledge, by your use of the Company site, that your use of the site is at your sole risk. This disclaimer does not apply to any warranty offered by the Publishers of the item. This disclaimer constitutes an essential part of these terms of use.
11. Idemnification
Under no circumstances shall Company or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this site or the Content provided through this site as part of a subscription service plan.
This is comprehensive limitation of liability applies to all losses and damages of any nature (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorize representative of Company has been advised of or should have known of the possibility of such damages.
12. 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.
13. Integration and Severability
The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may contact Company at the following address: Magazine Subscription Club, 1 International Blvd., Suite 1200, Mahwah NJ 07495, ATTN: Legal; or support@magazinesubscriptionclub.com
Effective Date: June 6, 2019
