MagazineGallery.com Membership and Web Site Terms and Conditions

The following terms and conditions (the "Terms and Conditions") govern your membership in the MAGAZINEGALLERY.COM service and your use of this Web site and content available from or through this Web site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR MEMBERSHIP IN MAGAZINEGALLERY.COM AND USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web site. MAGAZINEGALLERY.COM Membership is available for United States billing and shipping addresses only. In signing up for the MAGAZINEGALLERY.COM magazine membership service, you agree to the following terms and conditions:

1. Continuing Membership. We will continue to send magazines to you without interruption unless you cancel your membership or tell us to stop. You authorize MAGAZINEGALLERY.COM to charge your credit/debit card when you sign up at the price indicated in your sign-up process and then monthly at the price in effect for your selections. If you change the number of magazines or add premium magazine titles, you authorize us to charge your credit/debit card the new amounts indicated. You can cancel at any time by contacting MAGAZINEGALLERY.COM Customer Care at 1-866-924-4503, or as indicated in account management area of the website. You may cancel your membership at any time. If you cancel you will not be billed again; however you will continue to receive service equal to total payments made.

2. Price changes. If you change your number of magazines you subscribe to on MAGAZINEGALLERY.COM, the amount of the monthly MAGAZINEGALLERY.COM charge to your credit/debit card will change to the amount for the new number of magazine titles. The price for your selected magazine titles may change if you change your individual magazine selections by adding or subtracting premium priced magazine titles. You agree that MAGAZINEGALLERY.COM will charge your credit/debit card the new reflected prices that are displayed with your changes. You understand that MAGAZINEGALLERY.COM may also change the prices of magazine titles, the designation of which magazines shall carry premium pricing or the amount of premium pricing for any individual magazine titles. Should MAGAZINEGALLERY.COM make any of these price changes that affect your membership, MAGAZINEGALLERY.COM will notify you in advance, via the email address you have provided, your new monthly price. You will not be charged the new monthly price until you have had an opportunity to cancel your MAGAZINEGALLERY.COM membership. If you do not cancel your membership by the deadline stated in your advance notification, your membership will continue at the new price. If you register for MAGAZINEGALLERY.COM, you will not be charged a membership fee. Membership on MAGAZINEGALLERY.COM is free, but entitles you to special member pricing.

3. Billing. MAGAZINEGALLERY.COM will make best reasonable efforts to accommodate mid-month account changes. The amount of your monthly charge for your current and future months will be displayed on your MY MEMBERSHIP screen.

4. Cancellation. You may cancel your membership at any time. If you cancel you will not be billed again, however you will continue to receive service equal to total payments made.

5. Problem With Your Card. If we are unable to charge your credit/debit card, we will put your account in Suspend Status and notify you via email and via an alert when you log in to MAGAZINEGALLERY.COM. If you fail to update your billing information within 30 days, your magazines will be cancelled and you will receive service equal to total payments made. If you reactivate your membership with updated information, your service will be restarted.

6. Magazine Publication Schedules and Substitutions. Magazines are published on varying schedules. They may be published weekly, every other week, monthly, quarterly, etc. In addition, magazines may skip publication in some weeks or months. MAGAZINEGALLERY.COM will do its best to display the current publication schedules of the magazines offered. However, since these schedules are controlled by the magazine publishers, not by MAGAZINEGALLERY.COM, delivery times may differ from what we display. Based on these varying publication schedules, you may not receive the same number of issues each month, but your membership charges will remain the same. Magazine publication schedules are controlled by and at the discretion of the magazine publishers, not MAGAZINEGALLERY.COM. If a magazine publisher changes a title's publication schedule, MAGAZINEGALLERY.COM will do its best to update the description of that magazine on the MAGAZINEGALLERY.COM Web site. If a publisher ceases publication of a magazine you have selected, MAGAZINEGALLERY.COM will notify you of the replacement title. You have the option to change your switch any of your titles at any time, including replacement titles for ceased publications.

7. Existing Subscriptions. MAGAZINEGALLERY.COM will not cancel any magazine subscriptions you may already have. If you order a magazine from MAGAZINEGALLERY.COM you are already subscribing to, you may receive duplicate copies. To cancel any preexisting magazine subscriptions, you must contact the publisher of those magazines.

8. Lost, Late or Damaged Issues. Simply notify us of any lost, late or damaged copies and we will request an adjustment with the publishers to extend your service accordingly so that you will receive service equal to amounts paid.
9. Magazine Information/Content. All content of and information about magazines offered by MAGAZINEGALLERY.COM, including, but not limited to, publication schedules, features and content, and appropriateness for particular audiences is provided to MAGAZINEGALLERY.COM by the publishers of those magazines and is the sole responsibility of those publishers. MAGAZINEGALLERY.COM assumes no responsibility for magazine content or the accuracy of information provided to it by the magazine publishers.

10. Suspension or Rejection of Membership. MAGAZINEGALLERY.COM reserves the right to suspend or not accept any membership, for any reason in its sole discretion. Some of the reasons for suspension or refusal to accept a membership may include, but are not limited to: use of MAGAZINEGALLERY.COM membership for the purpose of or as a device for the reselling of the magazines obtained through MAGAZINEGALLERY.COM membership; inability of MAGAZINEGALLERY.COM to charge the credit/debit card provided by the member; any abuse of the MAGAZINEGALLERY.COM service, such as fraud or misrepresentation by the member to MAGAZINEGALLERY.COM or any attempt at or suspicion of such abuse, fraud, or misrepresentation. MAGAZINEGALLERY.COM may terminate, change, suspend or discontinue any aspect of the Web site or the Web site's services at any time. MAGAZINEGALLERY.COM may restrict, suspend, or terminate your access to the Web site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.

11. Proprietary Rights. MagazineGallery.com owns, solely and exclusively, all rights, title, and interest in and to the Web site; all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design, and organization of the Web site; and the compilation of the content, code, data, and materials on the Web site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the Web site does not grant to you ownership of any content, code, data, or materials you may access on or through the Web site.

12. Limited License. You may access and view the content on the Web site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web site, make single copies or prints of the content on the Web site for your personal, internal use only. Use of the Web site and the services offered on or through the Web site are only for your personal, non-commercial use.

13. Prohibited Use. Any commercial or promotional distribution, publishing, or exploitation of the Web site, or any content, code, data, or materials on the Web site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of MagazineGallery.com, or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Web site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web site. If you make other use of the Web site, or the content, code, data, or materials thereon or available through the Web site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

14. Trademarks. The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the Web site or on content available through the Web site are registered and unregistered Trademarks of MagazineGallery.com, and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by MagazineGallery.com, that appear on the Web site or on or through the Web site's services, if any, are the property of their respective owners. Nothing contained on the Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web site without the written permission of MagazineGallery.com, or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web site or on or through any of the Web site's services is strictly prohibited.

15. User Information. In the course of your use of the Web site and/or the services made available on or through the Web site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). MagazineGallery.com’s information collection and use policies with respect to the privacy of such User Information are set forth in the Web site's Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

16. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information, or other material from you through the Web site, by email or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you send to us via email) ("Submitted Materials") will be deemed not to be confidential or secret and may be used by us in any manner consistent with the Web site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, nonexclusive and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

17. Prohibited User Conduct. You warrant and agree that, while using the MAGAZINEGALLERY.COM membership service and the Web site and the various services and features offered on or through the Web site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web site's content, materials, or services or use, redistribute, republish, or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web site. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web site or the services offered on or through the Web site, including without limitation any information residing on any server or database connected to the Web site or the services offered on or through the Web site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web site or the services made available on or through the Web site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Web site or the Web site's services or features in violation of MagazineGallery.com or any third party's intellectual property or other proprietary or legal rights; or (v) use the Web site or the Web site's services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web site or the Web site's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web site in any manner that could damage, disable, overburden, or impair the Web site or interfere with any other party's use and enjoyment of the Web site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web site.

18. Linking to the Web Site. You agree that if you include a link from any other Web site to the Web site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web site. You are not permitted to link directly to any image hosted on the Web site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Web site. You agree not to download or use images hosted on this Web site on another Web site for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other Web site to this Web site in any manner such that the Web site or any page of the Web site is "framed," surrounded, or obfuscated by any third- party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web site be discontinued and to revoke your right to link to the Web site from any other Web site at any time upon written notice to you.

19. Indemnification. You agree to defend, indemnify, and hold MagazineGallery.com and its affiliates' directors, officers, employees, and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Web site, your placement or transmission of any message, content, information, software, or other materials through the Web site, or your breach or violation of the law or of these Terms and Conditions. MagazineGallery.com, reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MagazineGallery.com defense of such claim.

20. Third Party Web Sites. You may be able to link from the Web site to third-party Web sites and third-party Web sites may link to the Web site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials that may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Web sites or the information, content, products, services, advertising, code, or other materials presented on or through such Web sites. The inclusion of any link to such sites on our Site does not imply MagazineGallery.com endorsement, sponsorship, or recommendation of that site. MagazineGallery.com disclaims any liability for links (1) from another Web site to this Web site and (2) to another Web site from this Web site. MagazineGallery.com cannot guarantee the standards of any Web site to which links are provided on this Web site nor shall MagazineGallery.com be held responsible for the contents of such sites or any subsequent links. MagazineGallery.com does not represent or warrant that the contents of any third-party Web site are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, MagazineGallery.com is not responsible for or any form of transmission received from any linked Web site. Any reliance on the contents of a third-party Web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

21. DISCLAIMER OF WARRANTIES. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE MAGAZINEGALLERY.COM MEMBERSHIP SERVICE, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MAGAZINEGALLERY.COM ENTERPRISES, INC., ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR THE MAGAZINEGALLERY.COM SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE OR YOUR MEMBERSHIP IN THE MAGAZINEGALLERY.COM SERVICE.
22. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MAGAZINEGALLERY.COM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO MAGAZINEGALLERY.COM FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.

23. Applicable Laws. We control and operate the Web site from our offices in the United States of America. We do not represent that materials on the Web site are appropriate or available for use in other locations. Persons who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

24. Termination. MagazineGallery.com may terminate, change, suspend, or discontinue any aspect of the Web site or the Web site's services at any time. MagazineGallery.com may restrict, suspend, or terminate your access to the Web site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. MagazineGallery.com maintains a policy that provides for the termination in appropriate circumstances of the Web site use privileges of users who are repeat infringers of intellectual property rights.

25. Changes to Terms of Use. MagazineGallery.com reserves the rights, at its sole discretion, to change, modify, add, or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web site and/or the services made available on or through the Web site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

26. Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Florida, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Florida, County of Palm Beach, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Palm Beach County in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

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