This is a legal agreement between you and Mag2 that states the material terms and conditions that govern your use of the Services. This agreement, together with all updates, supplements, additional terms, and all of Mag2’s rules and policies collectively constitute this “agreement” between you and Mag2. BY ACCESSING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEB SITE.
In order to access and use the Service, You must:
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Mag2 may refuse service, close accounts, and change eligibility requirements at any time.
The applicability of these Terms begins when you register with Mag2 and continues as long as you use the Service. Registering an account or subscribing to the Service means that you’ve officially “signed” the Terms. If you register for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
By registering for the Service, you agree that you will receive your DigiLetters through the email address with which you registered. You may also receive occasional notifications and announcements from Mag2. Mag2 reserves the right to suspend or terminate your registration under the following circumstances:
- Your email address is entered incorrectly;
- Your email inbox is full and won’t accept new email;
- Your email server rejects email from the Service;
- The Service has been discontinued; and
- Any other circumstances where a registration is no longer applicable.
* Activities prohibited by Mag2 include the following:
- Registering an email address other than your own;
- Registering an email address that was illegally obtained or automatically generated;
- Registering for the explicit purpose of acquiring a writer’s personal information;
- Attempting to gain unauthorized access to Mag2 servers, intentionally tampering with or causing a high load on the Mag2 servers, or causing any Mag2 system failure or obstruction;
- Modifying, selling, or redistributing any or all parts of a DigiLetter without a writer’s prior approval; and
- Publicly disclosing a writer’s reply to a question or opinion without the writer’s prior approval.
4. Closing Your Account
You may terminate this agreement at any time and for any reason by closing your account. In order to close your account you must contact Mag2 support (all other account changes can be made via the website). If your use of the Service is terminated by Mag2, you will be entitled to receive a refund of any prepaid subscription fees which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for the use of any account that you have access to, whether or not you authorized it. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to log on to the Service using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
6. Access License
Mag2 grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Service and its Content (defined herein) and not to modify all or any portion of the Service and Content. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Service and/or any portion of the Service may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Mag2’s express written consent.
7. Fees and Payments
You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service. Fees will not be collected prior to the launch of a DigiLetter even if you have already subscribed. Excluding the following circumstances, subscription fees will only be collected on the first of each month:
- If you push the cancel button for a subscription, from the following month you will no longer be billed. If you cancel before a billing period, you will no longer receive any content for that DigiLetter.
- You can also click the cancel link found at the end of each DigiLetter issue. Cancellation is immediate and thereafter you will no longer be billed.
- If Mag2 is unable to successfully bill you on the first of the month using your registered payment information, Mag2 may immediately cancel your subscription as well as remove said payment information.
- If you are unable to receive your DigiLetter at the email address you registered and you do not contact Mag2 within one month, Mag2 reserves the right to immediately cancel your subscription as well as remove said payment information.
- If for any reason a writer or Mag2 decides to suspend publication of a DigiLetter, Mag2 will immediately suspend your subscription or billing.
- If for any reason a writer or Mag2 decides to cease publication of a DigiLetter, Mag2 will immediately cancel your subscription or billing.
8. Cancellation and Renewal
Your subscription will renew automatically, unless it is cancelled in accordance with these Terms. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. We may cancel your subscription at any time by notifying you.
We may occasionally suspend some or all services in the case of system maintenance. We will provide you with advanced notification, except in the cases of emergency maintenance or brief maintenance that will not affect the operation of services. We may also suspend some or all services without notice due to circumstances beyond our reasonable control, including, without limitation, natural disaster, power failure, disrupted communications, rioting, fire, acts of God, civil commotions, war or changes in applicable law.
10. Proprietary Rights Owned By Us
All of the content featured or displayed through the Service and our website, including without limitation, DigiLetters, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Mag2, its licensors, vendors, agents and/or its Content providers. All elements of the website, including without limitation the general design, the technology platform and the Content, are protected by trade dress, copyright, moral rights, trademark, patent and other laws relating to intellectual property rights. The Service and the website may only be used for the intended purpose for which our website and Service are being made available. Except as may be otherwise indicated in specific documents within the website, a DigiLetter or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video made available to you as part of the Services for personal, informational, and noncommercial purposes only. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Service. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website and the Services.
In particular, but without limiting the general application of the restrictions above, you may not do any of the following without prior written permission from Mag2:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Content; or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including as part of any library, archive or similar service) without the prior written consent of Mag2; or
- remove the copyright or trade mark notice from any copies of Content made under these Terms.
Any use of Content not specifically permitted above is expressly prohibited. You shall
respect our proprietary rights in the website, all Content, and the software used to provide
11. Trademarks / No Endorsement
All trademarks, service marks and trade names of Mag2 used herein (including but not limited to: the Mag2 name, Mag2 corporate logo, the website name, the website design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Mag2 or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way, including in advertising or publicity pertaining to the Service without the prior written consent of Mag2. The use of the Marks on any other website or network computer environment is not allowed. You shall not use Mag2’s name or any language, pictures or symbols which could, in Mag2’s judgment, imply Mag2’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
YOUR USE OF THE SERVICE IS AT YOUR RISK. THE DIGILETTERS AND ALL OTHER INFORMATION, MATERIALS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER MAG2, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
In addition, we expressly disclaim and shall not be responsible for the acts or omissions of any advertisers, linked websites or other Members. We also bear no responsibility for the credibility, accuracy, or validity of DigiLetter content. Furthermore, we bear no responsibility for any of the following damages suffered by Members:
- Damages incurred by system outages or subscription cancellations;
- Damages incurred through the usage of information acquired from a DigiLetter;
- Damages incurred due to notices or communications from Mag2 that were unable to be transmitted for any reason;
- Damages incurred by mis-delivery, late delivery, or non-delivery of DigiLetter Content; and
- Damages incurred through the leak of a Member’s login credentials attributed to acts or omissions of the Member.
14. Limitation of Liability
Mag2 does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of the Service or any DigiLetter, or browsing the website, or your downloading of any information or materials from the website. IN NO EVENT WILL MAG2, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, ANY WEBSITES LINKED TO OUR WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT MAG2 SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
If, notwithstanding the above, Mag2 is found liable for any loss or damage which arises out of or is in any way connected with the Service, as described herein, the liability of Mag2 shall in no event exceed the greater of (a) the aggregate monthly fees paid by you to Mag2 for the Services in the two (2) months immediately preceding the event giving rise to the claim, or (b) $50.00 (US).
15. Indemnity and Release
You agree to defend, indemnify and hold Mag2 and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Service or the Internet or your placement or transmission of any message or information on our website by you or your authorized users; (ii) your violation of any term of this agreement; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more other Members of the Service, you release Mag2 (and our shareholders, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The laws of the State of Washington shall govern all claims in any way related to your use of the Service. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. Digital Millennium Copyright Act (“DMCA”) Notice
In operating our Service, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Service. Mag2 has in place certain legally mandated procedures regarding allegations of copyright infringement occurring in the provisioning of the Service. Mag2 has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Mag2 or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this agreement. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:
3217 West Smith Street, #4
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Sites that you claim is infringing, with enough detail so that we may locate it on the Sites;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, 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 an infringement 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 any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.