BY ACCESSING OR USING THE MAGAZINE SERVICES, YOU ACCEPT AND
AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE MAGAZINE
SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL
DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING
ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS
ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU.
In the Highlights section, we provide an overview of the terms
and conditions that apply to your access to or use of our U.S. website, mobile
application, digital membership product, other digital service, or a print
or online magazine subscription (each a “Magazine Service”).
Highlights
Application and Acceptance of the Terms of Use
- Each
time you access or use the Magazine Services, you agree to be bound by the
Terms of Use along with our Privacy Notice and any additional guidelines,
terms, procedures or rules that may apply to a specific feature of the
Magazine Services that are owned or operated by Hawtal Magazine Media,
Inc. or its affiliates (“we”, “us”, “our” or “Hawtal”).
- You
acknowledge that we will use information we obtain about you in connection
with your access to and use of the Magazine Services in accordance with
our Privacy
Notice.
- If
you purchase a digital membership and/or subscription products (referred
below as a Digital Membership Product), additional terms apply, including
regarding the auto-renewal of your membership or subscription.
- If
you purchase a print subscription, additional terms regarding the
auto-renewal and continuous service of your subscription (“Continuous
Service Program”) apply.
Your Responsibilities
- You
are responsible for maintaining the accuracy of any information you submit
to us in relation to your access to and use of the Magazine Services.
- You
are solely responsible for any user content you provide to us.
- You
are responsible for your conduct in relation to the Magazine Services, and
your access to or use of the Magazine Services and Content (as such term
is defined in the full Terms of Use) is subject to the rules described in
the section entitled “Your Conduct and Responsible Use of the Magazine
Services” of the Terms of Use below.
Intellectual and Other Proprietary Rights
- Your
access and use of the Magazine Services and Content is for personal and
noncommercial purposes only.
- As
between Hawtal and you, Hawtal owns all right, title and interest in and
to the copyrights, trademarks, service marks, trade names, patents and all
other intellectual and proprietary rights throughout the world associated
with the Magazine Services and Content except, if applicable, with respect
to your User Content.
- You
may not build a business, in whole or in part, resell, redistribute,
recirculate or make any other commercial use of, or create derivative
works or materials utilizing any portion of the Magazine Services
(including any code used in any software) or Content, whether or not for
profit.
- If
we become aware that any of our users has repeatedly infringed the
proprietary rights of any third party, we may take steps to terminate that
user’s access to the Magazine Services. We reserve the right (but have no
obligation) to review any User Content, investigate, and/or take
appropriate action against you in our sole discretion.
Release, Indemnity, Disclaimers and Limitation of Liability
- You
agree to indemnify and hold Hawtal (and its affiliates and its and their
officers, directors, employees, contractors, and agents) harmless,
including costs and reasonable attorneys' fees, from any claim or demand
made by any third party due to or arising out of (a) your use of the
Magazine Services or Content, (b) your User Content, (c) your violation of
the Terms of Use; or (d) your violation of applicable laws or regulations.
- Hawtal
disclaims any warranties and provides the Magazine Services “as is”.
- Our
liability is limited as described in the Limitation of Liability section
in the Terms of Use below.
Third Parties
- Hawtal
is not responsible for any links to third-party websites, apps or other
services, including social media platforms.
- We
participate in affiliate marketing and may allow third-party affiliate
links to be encoded on some of our Magazine Services. This means that we
may earn a commission when you click on or make purchases via third-party
affiliate links.
Termination
- Hawtal
may, in its sole discretion, terminate your password, account (or any part
thereof), access to or use of the Magazine Services, or remove and discard
any User Content (as such term is defined in the Terms of Use below) or
information stored, sent, or received via the Magazine Services without
prior notice and for any reason or no reason.
Changes to the Terms of Use
- We
may revise the Terms of Use prospectively by posting an updated version on
the Magazine Services.
- Your
continued use of the Magazine Services will be deemed as irrevocable
acceptance of any revisions.
Governing Law and Severability
- The
Terms of Use shall be governed by and construed solely and exclusively in
accordance with the laws of the State of New York, USA without giving
effect to any law that would result in the application of the law of
another jurisdiction.
- The
Terms of Use (including the Privacy Notice) constitutes the entire
agreement between you and us regarding the use of the Magazine Services.
- If
any provision of the Terms of Use is, for any reason, held to be invalid
or unenforceable, the other provisions of the Terms of Use will be
unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and enforceable to the maximum extent
permitted by law.
Copyright Policy
- If
you believe your copyright has been infringed, you may provide us with
notice in accordance with the process described in the corresponding
section of the Terms of Use below.
Terms of Use
Last revised on: July 8, 2020
1. Application and Acceptance of this Agreement
These Terms of Use along with our Privacy Notice and
any additional guidelines, terms, procedures or rules that may apply to a
specific feature of the Magazine Services that are owned or operated by Hawtal
Magazine Media, Inc. or its affiliates (“we”, “us”, “our” or “Hawtal”), are a
contract in electronic form between you (“you,” “your,” and “yourself”) and Hawtal
(the “Agreement”). This Agreement sets forth the legally binding terms
governing your access and use of the Magazine Services. This Agreement applies
to Hawtal and its affiliates only and does not cover other companies, including
third parties that may advertise or sponsor content, products or services on
the Magazine Services or any third-party platforms (such as social media
platforms or app stores) or other channels that you may use to access the
Magazine Services or any Content (as defined below).
The Magazine Services and Content are for general information,
discussion and entertainment purposes only. The term “Content” includes,
without limitation, information, data, text, photographs, videos, audio clips,
written posts, articles, comments, software, scripts, graphics and interactive
features generated, provided, or otherwise made available through or in connection
with the Magazine Services. We make no representations or guarantees about any
aspect of the Magazine Services and Content and do not endorse any opinions
expressed by any users. THE MAGAZINE SERVICES AND ALL CONTENT ARE PUBLISHED “AS
IS” AND YOUR USE OR RELIANCE ON THE MAGAZINE SERVICES OR ANY CONTENT IS AT YOUR
OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING
ON THE MAGAZINE SERVICES OR ANY CONTENT.
2. Privacy Notice
In connection with your access to or use of the Magazine
Services, we may obtain information from or about you. We will use your
information in accordance with our Privacy Notice,
which describes our privacy practices as well as choices you may have with
respect to the collection and processing of some of your information. Please
take a moment to review our Privacy Notice. The Privacy Notice is incorporated
into this Agreement and forms part of the Agreement.
3. Accuracy of Your Information & Communication Methods
The information you submit to us through the Magazine Services,
including as part of your account creation, registration or membership, must be
truthful, accurate and current. You are responsible for maintaining the
accuracy of such information. If we believe that your information is not
truthful, accurate or current, we have the right to terminate, suspend or
refuse you access to the Magazine Services.
We may send you information relating to your use of the Magazine
Services (e.g., payment authorizations, invoices, changes in password or
payment method, confirmation messages, notices) in electronic form only, for
example via emails to your email address provided during registration, if
applicable. You agree that any notices, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in writing.
4. Age Eligibility and Legal Capacity
The Magazine Services are not intended for access or use by
children, especially those under the age of 13. If you are under the age of 13,
you may not access or use the Magazine Services or provide information to us.
By accessing or using the Magazine Services, you represent that
you have legal capacity to enter into this Agreement and to fulfill your
obligations set out in this Agreement. If you are not of an age old enough to
enter into contracts in your state (i.e., a minor), you need to review this
Agreement with your parent or guardian before using the Magazine Services; if
your parent or guardian do not agree with the Agreement as applied to you, then
you are not authorized to access or use the Magazine Services.
5. Username, Password and Other Credentials
You are responsible for maintaining the confidentiality of your
username, password and other credentials (your “Credentials”) that you may be
asked to create to access the Magazine Services or certain features or portions
thereof. We are not responsible for any misuse of your Credentials by any third
party, whether authorized by you or not. You agree to immediately notify Hawtal
of any actual or suspected unauthorized use of your Credentials or any other
breach of security. We are not responsible or liable for any loss or damage
resulting from unauthorized use of your Credentials or for your failure to
follow the requirements set out in this Agreement.
6. Intellectual and Other Proprietary Rights
Your access and use of the Magazine Services and Content is for
personal and noncommercial purposes only. The rights granted to you in this
Agreement are subject to the following restrictions:
- The
Magazine Services include Content that is derived in whole or in part from
content or materials supplied and owned by Hawtal, Hawtal’s licensors or
third parties. As between Hawtal and you, Hawtal owns all right, title and
interest in and to the copyrights, trademarks, service marks, trade names,
patents and all other intellectual and proprietary rights throughout the
world associated with the Magazine Services and Content except, if
applicable, with respect to your User Content (as defined below).
- You
acknowledge Hawtal’s valid intellectual and proprietary property rights in
the Magazine Services and Content and that your use of the Magazine
Services is limited to accessing, viewing and downloading of the Magazine
Services and Content, as authorized by Hawtal. Nothing in this Agreement
shall be deemed to convey to you any right, title or interest into such
intellectual and proprietary property rights or to the Magazine Services
or Content, or to any portion thereof, except for the limited rights
expressly granted herein.
- You
may not either directly or through the use of any computer, tablet, phone
or other device (each a “Device”) or other means (including the use of a
browser, software, program or code), remove, alter, interfere with or
circumvent (i) any copyright, trademark, or other proprietary notices
marked on the Magazine Services or Content, or (ii) any digital rights
management mechanism, device, or other content protection or access
control measure associated with the Magazine Services or Content. You may
not modify, make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Magazine Services (including any code
used in any software) or Content.
- You
may not either directly or through the use of a Device or other means
copy, download, stream, reproduce, duplicate, archive, distribute, upload,
publish, modify, translate, broadcast, perform, display, sell, transmit or
retransmit the Magazine Services or Content unless expressly permitted by Hawtal
in writing. You may not incorporate the Magazine Services or Content into,
or stream or retransmit the Magazine Services or Content via, any hardware
or software application or make the Magazine Services or any Content
available via frames or in-line links, and you may not otherwise surround
or obfuscate the Magazine Services or Content with any third-party
content, materials or branding. You may also not use any software robots,
spider, crawlers, or other data gathering or extraction tools, whether
automated or manual, to access, acquire, copy, monitor, scrape or
aggregate the Magazine Services, Content or any portion thereof. You may
not knowingly or intentionally take any action that may impose an
unreasonable burden or load on the Magazine Services or its servers and
infrastructures.
- You
may not build a business, in whole or in part, resell, redistribute,
recirculate or make any other commercial use of, or create derivative
works or materials utilizing any portion of the Magazine Services
(including any code used in any software) or Content, whether or not for
profit.
- To
the extent we make the Magazine Services or Content available to you via a
widget, embedded player or other technology that allows you to embed or
stream Content on or to another online service, you may not modify,
enhance, remove, interfere with, or otherwise alter in any way any portion
of such technology, any digital rights management mechanism, device, or
other content protection or access control measure associated with
Content.
- You
are prohibited from disabling, modifying, interfering with or otherwise
circumventing any technology to view the Magazine Services or Content
without: (i) displaying visibly both Content and all surrounding elements
and (ii) having full access to all functionality permitting viewing of
Content, including, without limitation, all video quality and display
functionality, and interactive or click-through functionality.
Any future release, update, or other addition to functionality
of the Magazine Services or Content shall be subject to this Agreement. All
copyright and other proprietary notices on any Magazine Services content or
materials must be retained on all copies thereof. Modification or use of the
Magazine Services (including any content or materials published thereon) for
any purpose not permitted by this Agreement is prohibited and may be a
violation of the copyrights and/or trademarks protected by law and this
Agreement.
If you provide Hawtal any feedback or suggestions for improving
or regarding your use of the Magazine Services (“Feedback”), you hereby assign
to Hawtal all rights in the Feedback and agree that Hawtal shall have the right
to use such Feedback and related information in any manner it deems
appropriate. Hawtal will treat any Feedback you provide to Hawtal as
non-confidential and non-proprietary. You agree that you will not submit to Hawtal
any information or ideas that you consider to be confidential or proprietary.
7. User Content
“User Content” means any and all information and content that a
user submits to, or uses with, the Magazine Services (e.g., photos, audio,
video, messages, text, files, or other content you provide us), except any
Feedback. You are solely responsible for your User Content. User Content may
include unsolicited or invited submissions. You assume all risks associated
with use of your User Content, including any reliance on its accuracy,
completeness or usefulness by others, or any disclosure of your User Content
that makes you or any third party personally identifiable. You may not state or
imply that your User Content is in any way provided, sponsored or endorsed by Hawtal.
Because you alone are responsible for your User Content (including backing up
your data), you may expose yourself to liability. Under no circumstance will Hawtal
be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have
the right to grant, to Hawtal an irrevocable, nonexclusive, royalty-free and
fully paid, worldwide license to reproduce, distribute, publicly display and
perform, prepare derivative works of, incorporate into other works, and
otherwise use your User Content, and to grant sublicenses of the foregoing, for
any lawful purpose. You agree to irrevocably waive (and cause to be waived) any
claims and assertions of moral rights or attribution with respect to your User
Content.
Because we do not control User Content, you acknowledge and
agree that we are not responsible for any User Content and we make no
guarantees regarding the accuracy, currency, suitability, or quality of any
User Content, and we assume no responsibility for any User Content. Your
interactions with other users of the Magazine Services are solely between you
and such user. You agree that Hawtal will not be responsible for any loss or
damage incurred as the result of any such interactions. If there is a dispute
between you and any user of the Magazine Services, we are under no obligation
to become involved. You acknowledge that other users may post comments about
your User Content which may be derogatory, and Hawtal has no obligation to
monitor or delete any such User Content. Hawtal may remove or modify any User
Content without notice or liability at any time in Hawtal’s sole discretion.
8. User Submissions
Unsolicited Submissions
You agree that we may use information/User Content you provide
us through emails, Q&A, blogs, forums, polls, or through any other user
generated submission, and may use your name and any stories you provide us in
articles or other features published on the Magazine Services or in our
publications, advertising or sponsored content. If you provide us with personal
anecdotes, they may be attributed to you. Hawtal can edit, rewrite, use, and
reuse the User Content, including your name, likeness, photograph, and
biographical information you provide, with or without attribution, including
publication in the Magazine Services or our publications, advertising or
sponsored content.
Invited Submissions
From time to time, the Magazine Services may expressly request
submissions of concepts, stories, or other potential content from you (“Invited
Submissions”). Please carefully read any specific rules or other terms and
conditions that appear in connection with such Invited Submissions as such
terms and conditions will govern the submissions and may affect your legal
rights. If no such additional terms govern those submissions, then this
Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT,
ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of
any industry custom or practice, we will not pay you for the use of any content
that you submit to through the Magazine Services.
9. Enforcement
If we become aware of a user’s violation of this Agreement,
including the rights of any third party, we may take certain remedial steps,
including refusing access to the Magazine Services to any person or entity and
change eligibility requirements at any time.
If we become aware that any of our users has repeatedly
infringed the proprietary rights of any third party, we may take steps to
terminate that user’s access to the Magazine Services. We reserve the right
(but have no obligation) to review any User Content, investigate, and/or take
appropriate action against you in our sole discretion. Such acts may include
removing or modifying your User Content, terminating your access to the
Magazine Services (including any user account, registration or membership),
legal action and/or reporting you to law enforcement authorities. If Hawtal
elects to modify User Content, Hawtal nonetheless assumes no responsibility for
the User Content.
Hawtal reserves the right to investigate suspected violations of
this Agreement, including without limitation, any violation arising from any
User Content (including unsolicited or invited submissions), postings or emails
you make on or send through the Magazine Services. Hawtal may seek to gather
information from the user who is suspected of violating this Agreement and from
any other user. Hawtal may suspend any users whose conduct or postings are
under investigation and may remove such material from its servers as it deems
appropriate and without notice. If Hawtal believes, in its sole discretion,
that a violation of this Agreement has occurred, it may edit or modify any
submission, posting or emails, remove the material permanently, cancel
postings, warn users, suspend users and passwords, terminate accounts, or take
other corrective action it deems appropriate. Hawtal may cooperate with law
enforcement authorities or court order requesting or directing Hawtal to
disclose the identity of anyone posting any emails, or publishing or otherwise
making available any materials that are believed to violate this Agreement. BY
ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS HAWTAL (and its
affiliates and its and their officers, directors, employees, contractors, and
agents) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HAWTAL (AND ITS
AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND
AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER HAWTAL OR LAW ENFORCEMENT
AUTHORITIES.
10. Your Conduct and Responsible Use of the Magazine
Services
Please act responsibly when using the Magazine Services. The
following rules are a condition of your access to or use of the Magazine
Services and Content:
- No
Criminal or Unlawful Conduct. You may only use the Magazine Services and
Content (including any information contained therein) for lawful purposes,
in accordance with this Agreement, applicable laws and regulations, and obligations
or restrictions imposed by any third party. You may not encourage conduct
that would constitute a criminal offense or give rise to civil liability.
- Your
Materials Must be Lawful and Appropriate. You may not store, upload, post,
transmit or otherwise distribute or facilitate the distribution of any
unlawful, harmful, threatening, abusive, harassing, libelous, defamatory,
obscene, pornographic, profane, indecent, invasive of another person’s
privacy or otherwise inappropriate User Content or other material or
information of any kind, including, without limitation, any images or
other material of a sexual nature, harmful to minors in any way, or that
harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability. You recognize that storing,
distributing or transmitting unlawful User Content, material or
information could expose you to criminal and/or civil liability.
- Content
Posted by You Must be Yours. You may not store, upload, post, transmit or
otherwise distribute or facilitate the distribution of User Content,
material or information that is fraudulent or infringes the rights of any
third party, including without limitation, patent, trademark, copyright,
right of publicity or other proprietary rights. You agree that if a third
party claims that User Content, material or information you have posted on
or contributed to the Magazine Services is unlawful, you will bear the
burden of establishing that it is lawful. You understand and agree that
all User Content, material or information publicly posted or privately
transmitted on or through the Magazine Services are the sole
responsibility of the sender, not Hawtal, and that you are responsible for
all User Content, material or information you upload, publicly post or
otherwise transmit to or through the Magazine Services. If we become aware
that any of our users has infringed the proprietary rights of any third
party, we may take steps to terminate that user’s access to our Magazine
Services. If any third party provides you compensation or other value for
your User Content, you are responsible for making any appropriate or
required disclosures regarding such compensation or other value.
- No
Collection of Personal Information from Others. You may not, through
manual or automated means, collect, harvest, gather, assemble or store
personal information about other users of the Magazine Services (including
their email addresses or other contact information) without their explicit
consent. You may not use any such information to transmit or facilitate
transmission of unauthorized or unsolicited advertising, junk or bulk
email, chain letters, or any other form of unauthorized solicitation. You
agree not to send, create, or reply to so called mailbombs (i.e., emailing
copies of a single message to many users, or sending large or multiple
files or messages to a single user with malicious intent) or engage in
spamming (i.e., unsolicited emailing for business or other purposes) or
undertake any other activity which may adversely affect the operation or
enjoyment of the Magazine Services by any other user or third party,
including placing malware on the Magazine Services.
- No
Bullying, Impersonation or Interference. You may not use the Magazine
Services to threaten, abuse, harass, or invade the privacy of any other
user or third party. You may not impersonate any person or entity or
falsely state or otherwise misrepresent your professional or other affiliation
with Hawtal or with any other person or entity. You may not restrict,
inhibit or interfere with any other user or third party from using or
enjoying the Magazine Services.
- No
System Abuse. You may not upload, post or otherwise distribute or
facilitate the distribution of a software virus or any other computer code
that is designed or intended to disrupt, damage, or limit the functioning
of the Magazine Services, any other online services, or to obtain
unauthorized access to the Magazine Services or Content or any data or
other information of any third party. You may not interfere with, disrupt,
or create an undue burden on servers or networks connected to the Magazine
Services.
- No
Violations of Security Systems. You are prohibited from using the Magazine
Services to compromise the security or tamper with, or gain unauthorized
access to, the Magazine Services, Content, online accounts or any other
computer systems, resources or networks. The use or distribution of tools
designed for compromising security (e.g., password guessing programs,
cracking tools, malware, or network probing tools) is strictly prohibited.
If you become involved in any violation of systems security, Hawtal
reserves the right to release your details to relevant third parties, law
enforcement and/or governmental authorities in order to assist them in
resolving security incidents.
We may require, at any time, proof that you are following these
rules. We reserve the right to take, or refrain from taking, any and all steps
available to us, including suspending or terminating your access to the
Magazine Services or seeking other legal or equitable remedies, once we become
aware of any violation of this Agreement.
11. Availability of and Modification to the Magazine Services
and Content
We do not guarantee that the Magazine Services or any Content
will be made available through the Magazine Services. We may change, modify,
edit, suspend, discontinue or otherwise manipulate the Magazine Services,
Content or any part, feature or service of the Magazine Services at any time
with or without notice to you. You agree that Hawtal will not be liable to you
or to any third party for any modification, suspension, or discontinuance of
the Magazine Services, Content or any part thereof.
12. Purchases
a) We may make certain products, features and services available
for purchase or download (“Purchases”) on or through the Magazine Services. You
agree to pay any applicable fees for any Purchases you make, including, without
limitation, any applicable sales, uses or similar taxes or charges. Certain
products, fee-based services or features that you purchase, access or download
via the Magazine Services may be subject to additional terms and conditions
presented to you at the time of purchase, access or download.
b) Digital Membership Products
This section governs the sale of digital membership and/or
subscription products (“Digital Membership Products”). The Digital Membership
Products include all or portions of a Magazine Service that offers such Digital
Membership Products. You are not required to purchase anything for certain
limited uses of the Magazine Services. However, if you do not purchase a
Digital Membership Product, your access to certain content and services will be
limited or restricted.
- Overview.
We reserve the right to modify the content, type and availability of any
Digital Membership Product at any time. Additionally, we reserve the right
to change or terminate any offered subscriptions or promotions at any
time. For details about your purchases of Digital Membership Products,
including payment methods and billing cycles, email us at membersupport@hawtal.com
or login to your user account for the relevant Digital Membership Product
if you have created one. When you make a one-time purchase of a
Digital Membership Product (for example, a 30 day subscription or
standalone product such as an article from our archives or a gift
subscription), we will charge or debit your payment method at the time of
purchase.
- Auto-renewing
Subscription. Unless you cancel your Digital Membership Product, it will
be automatically renewed at the end of each subscription term, at the
rate(s) then in effect. You will receive an auto-renewal reminder
notice with the then current rate(s) (i) 5 days prior to charging your
credit/debit card/3rd party payment account for a monthly Digital
Membership Product and (ii) 30 days prior to charging your credit/debit
card/3rd party payment account for an annual Digital Membership Product. You
may opt out of the automatic renewal at any time by contacting customer
service at membersupport@hawtal.com and (i) your monthly Digital
Membership Product will continue until the end of the then current month
and (ii) your annual Digital Membership Product will continue until the
effective date of your cancellation and you will receive a pro-rated
refund for all remaining months.
- Recurring
Billing. By placing an order for a Digital Membership Product, you
authorize us to charge you the subscription fee then in effect at the
beginning of each billing period to your payment method. For example, you
authorize us to charge your payment method the promotional rate disclosed
on the subscription screen in the initial billing period (if applicable)
and the regular subscription rate in subsequent billing periods. We
reserve the right to change the timing of our billing, in particular, in
the event your payment method has not successfully settled. If your
payment method is declined for a recurring payment of your subscription
fee, provide us a new payment method promptly or your subscription will be
canceled. You acknowledge that the amount charged each billing period may
vary for reasons that may include price changes or changing your
subscription, and you authorize us to charge your payment method for such
varying amounts each billing period.
- Price
Changes. We reserve the right to change subscription fees for Digital
Membership Products at any time. We will notify you of any changes if the
regular fee for your subscription changes from what was stated at the time
of your initial order. You will have an opportunity to cancel your
subscription. If you do not cancel your subscription, you will be charged
the new subscription fee at your next billing period.
- Cancellations.
When you cancel a Digital Membership Product, you cancel only future
charges associated with your subscription. You may notify us of your
intent to cancel at any time, but the cancellation will become effective
at the end of your current billing period.
- Refunds.
Except as may otherwise be provided for in these Terms of Use, we reserve
the right to issue refunds or credits for Digital Membership Products at
our sole discretion. If we issue a refund or credit, we are under no
obligation to issue the same or similar refund in the future.
c) Print Subscriptions – Automatic Renewal and Continuous
Service (“Continuous Service Program”)
This section governs print subscriptions, whether ordered online
or offline. If you have enrolled in the Continuous Service Program in
connection with your print subscription, it will be automatically renewed at
the end of each subscription term, at the rate then in effect, unless you tell
us otherwise. You authorize us to fulfill your subscription and charge the
credit/debit card/3rd party payment account if provided, or send you a bill if
not. You will not receive any renewal notices; instead, you will receive a
clearly marked reminder notice with the then-current rate about 30 days prior
to charging your credit/debit card/3rd party payment account or receiving
a bill. You may opt out of the automatic renewal at any time by contacting
customer service at hawtalcustserv@cdsfulfillment.com and
receive a refund for all undelivered issues.
13. Release
If you have a dispute with one or more users of the Magazine
Services (including merchants), you release Hawtal (and its affiliates and its
and their officers, directors, employees, contractors and agents) from claims,
demands, liabilities, costs, or expenses and damages (actual and consequential
of every kind and nature, known and unknown, arising out of or in any way
connected with such disputes). In entering into this release, you expressly
waive any protections (whether statutory or otherwise) to the extent permitted
by applicable law that would otherwise limit the coverage of this release to
include only those claims which you may know or suspect to exist in your favor
at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU
HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE
FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.”
14. Indemnity
You agree to indemnify and hold Hawtal (and its affiliates and
its and their officers, directors, employees, contractors, and agents)
harmless, including costs and reasonable attorneys' fees, from any claim or
demand made by any third party due to or arising out of (a) your use of the
Magazine Services or Content, (b) your User Content, (c) your violation of this
Agreement; or (d) your violation of applicable laws or regulations. Hawtal
reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us and you agree
to cooperate with our defense of these claims. You agree not to settle any
matter without the prior written consent of Hawtal. Hawtal will use reasonable
efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
15. Disclaimers
THE MAGAZINE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”
AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE
NO WARRANTY THAT THE MAGAZINE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B)
WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR
(C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE,
COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE
THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON
OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY
OTHERS. HAWTAL ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY
USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT
YOUR SOLE RISK. HAWTAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT ON THE Magazine Services or any online
services linked to the Magazine Services in terms of their correctness,
accuracy, reliability, or otherwise. UNDER NO CIRCUMSTANCES SHALL HAWTAL BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH,
RESULTING FROM USE OF THE MAGAZINE SERVICES, ANY CONTENT POSTED ON OR THROUGH
THE MAGAZINE SERVICES, OR CONDUCT OF ANY USERS OF THE MAGAZINE SERVICES,
WHETHER ONLINE OR OFFLINE. YOU USE THE MAGAZINE SERVICES AT YOUR OWN RISK. SOME
AREAS OF OUR MAGAZINE SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO
MAY BE AFFILIATED WITH HAWTAL OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS
FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL
CIRCUMSTANCE. HAWTAL CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS
FROM USE OF THE MAGAZINE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
16. Limitation of Liability
IN NO EVENT SHALL WE (AND OUR affiliates and OUR and their
officers, directors, employees, contractors and agents ) OR OUR SERVICE
PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT
LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR
DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA
LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS
AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE MAGAZINE SERVICES INCLUDING
FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF
ORIGINATION), 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 DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL
TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS
YOU'VE PAID HAWTAL IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN
ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS
WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
17. Third Party Services and Ads
The Magazine Services might contain links to third-party
websites, apps or other services (e.g., social media platforms), and
advertisements for third parties (collectively, “Third-Party Services &
Ads”). Such Third-Party Services and Ads are not under the control of Hawtal
and Hawtal is not responsible for any Third-Party Services and Ads. Hawtal
provides these Third-Party Services and Ads only as a convenience and does not
review, approve, monitor, endorse, warrant, or make any representations with
respect to Third-Party Services and Ads. When you use Third-Party Services and
Ads, you do so at your own risk. When you link to Third-Party Services and Ads,
the applicable third party's terms and policies apply, including the third
party's privacy policies.
18. Third Party Affiliate Marketing
We participate in affiliate marketing and may allow third-party
affiliate links to be encoded on some of our Magazine Services. This means that
we may earn a commission when you click on or make purchases via third-party
affiliate links.
19. Local Regulations
- Hawtal
makes no representation that the Magazine Services or Content are
appropriate or available for use outside the United States, its
territories, possessions, and protectorates. If you choose to access the
Magazine Services or Content from other locations, you do so on your own
initiative and at your own risk.
- You
are responsible for complying with local laws, if and to the extent local
laws are applicable. You specifically agree to comply with all applicable
laws concerning the transmission of technical data exported from the
United States or the country you reside in.
20. Termination
Hawtal may, in its sole discretion, terminate your password,
account (or any part thereof) or use of the Magazine Services, or remove and
discard any User Content or information stored, sent, or received via the
Magazine Services without prior notice and for any reason or no reason,
including, but not limited to: (i) permitting another person or entity to use
your identification to access the Magazine Services, (ii) any unauthorized
access or use of the Magazine Services, (iii) any violation of this Agreement,
or (iv) tampering with or alteration of any of the software, data files, and/or
Content contained in or accessed through, the Magazine Services. You may
terminate your account for any reason or no reason. Termination, suspension, or
cancellation of this Agreement or your access rights to the Magazine Services
shall not affect any right or relief to which Hawtal may be entitled, at law or
in equity. Upon such termination, suspension, or cancellation, all rights
granted to you will automatically terminate and immediately revert to Hawtal
and its licensors and all rights granted by you to Hawtal shall survive in
perpetuity.
Notwithstanding any termination, suspension, or cancellation of
this Agreement or your access rights to the Magazine Services, the following
provisions of this Agreement will survive: Sections 2 – 29.
21. Entire Agreement
This Agreement (including the Privacy Notice) constitutes the entire
agreement between you and us regarding the use of the Magazine Services. Our
failure to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. The section titles in this
Agreement are for convenience only and have no legal or contractual effect. The
word including means including without limitation. If any provision of this
Agreement is, for any reason, held to be invalid or unenforceable, the other
provisions of this Agreement will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and
enforceable to the maximum extent permitted by law.
22. Changes to this Agreement
We may revise, prospectively, this Agreement by posting an
updated version on the Magazine Services. You consent and agree to receive
notices of updates to this Agreement through our posting of an updated
Agreement on the Magazine Services. You should visit this page or section
regularly to review the current version of the Agreement. Your continued use of
the Magazine Services will be deemed as irrevocable acceptance of any
revisions.
23. Dispute Resolution (Arbitration Clause and Class Action
Waiver)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
23.1 Except for either party's claims of infringement or
misappropriation of the other party's patent, copyright, trademark, or trade
secret, any and all disputes between you and Hawtal arising under or related in
any way to this Agreement, must be resolved through binding arbitration as
described in this section. This agreement to arbitrate is intended to be
interpreted broadly. It includes, but is not limited to, all claims and
disputes relating to your use of any of the Magazine Services.
23.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HAWTAL
ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
ACTION. YOU AND HAWTAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE
PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT
PERMITTED.
23.3 The arbitration will be governed by the Commercial
Arbitration Rules and the Supplementary Procedures for Consumer Related
Disputes of the American Arbitration Association (“AAA”), as modified by this
section. For any claim where the total amount of the award sought is $10,000 or
less, the AAA, you and Hawtal must abide by the following rules: (a) the
arbitration shall be conducted solely based on written submissions; and (b) the
arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties. If the claim exceeds
$10,000, the right to a hearing will be determined by the AAA rules, and the
hearing (if any) must take place in your choice of the following locations: San
Francisco, CA, Denver, CO, or New York, NY. The arbitrator's ruling is binding
and may be entered as a judgment in any court of competent jurisdiction. In the
event this agreement to arbitrate is held unenforceable by a court, then the
disputes that would otherwise have been arbitrated shall be exclusively brought
in the state or federal courts located in New York City, New York. Claims of
infringement or misappropriation of the other party's patent, copyright,
trademark, or trade secret shall be exclusively brought in the state and
federal courts located in New York City, New York.
24. No Waiver
No failure or delay by Hawtal in exercising any right, power or
privilege under this Agreement will operate as a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any other
or further exercise thereof or the exercise of any other right, power, or
privilege under this Agreement.
25. Governing Law
This Agreement shall be governed by and construed solely and
exclusively in accordance with the laws of the State of New York, USA without
giving effect to any law that would result in the application of the law of
another jurisdiction.
26. Notice to California Users
Under California Civil Code Section 1789.3, California users of
the Magazine Services are entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs may be contacted in writing at
400 R Street, Suite 1080, Sacramento, California 95814, or by telephone
at (916) 445-1254 or (800) 952-5210.
27. Copyright Infringement Claims Policy
In accordance with the provisions of the Digital Millennium
Copyright Act, 17 USC sec. 512, our Magazine Services have designated an agent
to receive notices of claims of copyright infringement: Copyright Agent, 300
West 57th Street, New York, New York, 10019, fax: 212-649-2035; copyright@hawtal.com. If you
believe your copyright has been infringed, you may provide us with notice. To
be effective, the notification must be a written communication that includes
the following:
- A
physical or electronic signature of person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
- Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
- Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
material;
- Information
reasonably sufficient to permit us to contact you, including an address,
telephone number, and, if available, an electronic mail address at which
the complaining party may be contacted;
- A
statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
- A
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice
of infringement by means of a general notice on our site, electronic mail to a
user's e-mail address in our records, or by written communication sent by
first-class mail to a user's physical address in our records. If you receive
such a notice, you may provide counter-notification in writing to the
designated agent that includes the information below. To be effective, the
counter-notification must be a written communication that includes the
following:
- Your
physical or electronic signature;
- Identification
of the material that has been removed or to which access has been
disabled, and the location at which the material appeared before it was
removed or access to it was disabled;
- A
statement from you under the penalty of perjury, that you have a good
faith belief that the material was removed or disabled as a result of a
mistake or misidentification of the material to be removed or disabled;
and
- Your
name, physical address and telephone number, and a statement that you
consent to the jurisdiction of a Federal District Court for the judicial
district in which your physical address is located, or if your physical
address is outside of the United States, for the judicial district in
which our offices are located, and that you will accept service of process
from the person who provided notification of allegedly infringing material
or an agent of such person.
We have a policy of terminating access to our Magazine Services
of any user who repeatedly infringes the proprietary rights of any third party.
28. Apple App Store Additional Terms and Conditions
The following additional terms and conditions apply to you if
you are using an app from the Apple App Store (an “Apple App”). To the extent
the other terms and conditions of this Agreement are less restrictive than, or
otherwise conflict with, the terms and conditions of this Section 28, the more
restrictive or conflicting terms and conditions in this Section 28 apply, but
solely with respect to Apple Apps from the Apple App Store.
Acknowledgement: Hawtal and you
acknowledge that this Agreement is concluded between Hawtal and you only, and
not with Apple, and Hawtal, not Apple, is solely responsible for the Apple App
and the content thereof. To the extent this Agreement provides for usage rules
for Apple App that are less restrictive than the usage rules set forth for the
Apple App in, or otherwise is in conflict with, the App Store Terms of Service,
the more restrictive or conflicting Apple term applies.
Scope of License: The license granted
to you for the Apple App is limited to a non-transferable license to use the
Apple App on an iOS Product that you own or control and as permitted by the
usage rules set forth in the App Store Terms of Service.
Maintenance and Support: Hawtal is solely
responsible for providing any maintenance and support services with respect to
the Apple App, as specified in this Agreement (if any), or as required under
applicable law. Hawtal and you acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the Apple
App.
Warranty: Hawtal is solely responsible for any
product warranties, whether express or implied by law, to the extent not
effectively disclaimed. In the event of any failure of the Apple App to conform
to any applicable warranty, you may notify Apple, and Apple will refund the
purchase price for the Apple App to you; and to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with
respect to the Apple App, and any other claims, losses, liabilities, damages,
costs or expenses attributable to any failure to conform to any warranty will
be Hawtal's sole responsibility.
Product Claims: Hawtal and you
acknowledge that Hawtal, not Apple, is responsible for addressing any claims of
you or any third party relating to the Apple App or your possession and/or use
of the Apple App, including, but not limited to: (i) product liability claims;
(ii) any claim that the Apple App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation. This Agreement does not limit Hawtal's liability to you
beyond what is permitted by applicable law.
Intellectual Property Rights: Hawtal and you
acknowledge that, in the event of any third-party claim that the Apple App or
your possession and use of the Apple App infringes that third party's
intellectual property rights, Hawtal, not Apple, will be solely responsible for
the investigation, defense, settlement and discharge of any such intellectual
property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement: You
must comply with applicable third-party terms of agreement when using the Apple
App.
Third-Party Beneficiary: Hawtal and you
acknowledge and agree that Apple, and Apple's subsidiaries, are third-party
beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, Apple will have the right (and will be deemed
to have accepted the right) to enforce this Agreement against you as a
third-party beneficiary thereof.
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