Terms of Use and Service

Introduction

This Site is operated by MagMag LLC (“MagMag”). Throughout the Site, the terms “we,” “us,” and “our” refer to MagMag. MagMag offers this Site, including all information, tools, and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. Your continued use of this Site constitutes your agreement to these Terms of Use.

We encourage you to review the agreement whenever you the Site. If you do not agree to these terms, please do not use the Site.

These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appears at the end of this document) and review any changes since the last version. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

This Agreement is effective on March 12, 2020, for current users and as of the first use of the Site or Services by new users. Any user who is found to be in violation of the following Agreement and any other policies posted on the Site may be banned, at the sole discretion of MagMag, from using the Site or any Services.

 

Site Contents

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement) is the exclusive property of and owned by MagMag, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of the content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to MagMag, is expressly prohibited. MagMag neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with MagMag.

You may not use the contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. MagMag reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which MagMag may be entitled, at law or in equity.

We prohibit crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, prices and images (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).

The content on this site does not constitute medical advice. MagMag is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

The Terms and conditions of Use and Terms and Conditions of Sale do not grant you or any other person any entitlements of any kind to the intellectual property rights held by MagMag or any MagMag group companies.

 

User Comments and Feedback

If you send certain specific submissions at our request (for example, contest entries, customer reviews or photographs), or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. MagMag is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments.

All Comments, postcards, and other submissions disclosed, submitted or offered to MagMag on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site shall be and remain MagMag’s property.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead MagMag or third-parties as to the origin of any Comments.

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this Site any content that (1) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (2) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (3) may contain software viruses, political campaigning, commercial content, chain letters, mass mailings, or any form of spam.

 

Errors and Inaccuracies of the Information on This Site

Excluding Member Content, the information we provide in connection with the Services is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (1) revoke any stated offer; (2) correct any errors, inaccuracies, or omission; and (3) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise and suspend at any time without notice (including after an order has been submitted and/or acknowledged). The offer of any products, services and/or experiences at a particular time do not guarantee that the products, services and/or experiences will be available. To the fullest extent permitted by law, if a product, service and/or experience offered and sold by us is not as described, your sole remedy is to return it subject to the terms set forth herein.

 

Right to Change Site Content

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Third-Party Links and Service Providers

The Sites may contain links to other Sites that are not under the control of MagMag Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked Sites. MagMag is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites. Links are provided solely for your convenience and information.

 

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor has any neither control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

Membership Eligibility

The Services are available to Members who are 18 years and older, who have properly registered and who have not been suspended or removed by MagMag for any reason (a “Member”). By registering as a Member you represent that you are of legal age. Membership is available only by a valid invitation to users who have completed the information required by our registration form. If you do not qualify, you may not use the Services. As a Member, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form. MagMag reserves the right to revoke or prohibit your membership for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.

Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the User and is responsible for any and all activities of any minors. If you are a parent or guardian that provides consent to a minor’s registration with and use of the services and Site, you agree to be bound by these terms.

 

Registration, Account Settings and Security

In order to access some features of the MagMag Site, you may be required to register and submit an email address (“User ID”) and select a password. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. We reserve the right to refuse registration of, or cancel a User ID in our discretion.

By providing magmag.co your email address and/or mobile phone number, you consent to our using that email address and/or mobile phone number to send you Service-related notices via e-mail or text message, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and/or mobile telephone number to send you other messages via e-mail or text message, such as changes to features of the Service and special offers. If you do not want to receive such email or text messages, you may opt-out or change your preferences in your account settings at magmag.co. You can also opt-out of mobile phone messaging by replying to the text with “STOP”. Opting out may prevent you from receiving email or text messages regarding updates, improvements, or offers.

MagMag recommends the following guidelines when establishing your Modere Site password:

  • At least 8 characters
  • At least 1 uppercase letter (A-Z(
  • At least 1 lowercase letter (a-z(
  • At least 1 numeric value (0-9(

It is also a sound practice to differentiate passwords across multiple online accounts. Using the same credentials for multiple online accounts creates the potential for security breaches.

Each time you use your User ID and password to access your MagMag Site account, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the user id and password assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the User ID and password assigned to you. You shall immediately notify us of any unauthorized use of your User ID and password or any other breach or threatened breach of this Site’s security.

Personal Information

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Sites (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

 

Products and Services

Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display of the colors of products offered on this Site may influence your review or perception of the products.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Modifications in the Services and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Right to Refuse Service

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination

 

Accuracy of Billing

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

 

User Conduct and Prohibited Use

You are solely responsible for your conduct and activities on the Site and interactions with MagMag or MagMag’s Services, and all User Submissions that you submit, post, and display on Site or Services.

Without notice, MagMag reserves the right to remove, block access to, or otherwise make unavailable any User Submission or other content that is (1) in violation of the Agreement; (2) the subject of a court order or request from a governmental agency or law enforcement; or (3) otherwise unlawful, unethical, immoral, or improper for the MagMag community, as determined by MagMag in its sole discretion. Further, we may block users that repeatedly violate the Agreement or engage in other behavior necessitating the removal of a User Submission.

 

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States.

Those who choose to access the Services from outside the United States do so on their own initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Disclaimer

Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. MagMag expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing; that if you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information obtained by you from MagMag or through or from the site shall create any warranty of any kind. MagMag does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

 

Indemnification

You agree to defend, indemnify, and hold harmless MagMag and its affiliates, and their directors, officers, employees, parents, subsidiaries, stockholders, and agents, from and against all claims, demands, liabilities, costs, taxes, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Services or Site or your breach of the Agreement, including any dispute with another user, the collection, payment or failure to collect or pay taxes if applicable, or claim from a third party. MagMag may elect to assume the defense and control of such claim and, in such case, you agree to cooperate with MagMag in the defense of such claim and to reimburse MagMag for all reasonable expenses and fees incurred in the course of defending such claim.

If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. MagMag reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with MagMag in the defense of such matter.

 

Severability

If any provision of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, are determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

 

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part).

 

Applicable Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States

If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Contact Us

Questions about the Terms of Service should be sent to us at info@magmag.co