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Zinio Legal NoticesPlease review Zinio's Terms of Service, Privacy Policy, and Refund Policy below.
Terms of Service Last updated August 3, 2008 Click here to view the previous Terms of Service. Welcome to Zinio! Access to and use of Zinio's Web site and other Zinio Internet services are subject to the following Terms of Service. Please read these Terms of Service ("Terms") carefully. Creating an account with Zinio or otherwise using or accessing the Zinio Service will signify your acceptance of these Terms and constitute a binding agreement between you and Zinio ("Agreement"). If you do not agree to these Terms, discontinue use of the Zinio Service immediately. Zinio's acceptance is expressly conditioned on your assent to these terms. 1. Description of Service The Zinio Service is operated by Zinio, LLC, Inc. ("Zinio" or "We"). The "Zinio Service" (or "Service") includes the Zinio Web site that provides you the capability to order and subscribe to various magazines and other publications, and have digital versions of those publications or products delivered to you. Use of the Zinio Reader software is further subject to the Zinio Reader License Agreement. 2. Your Account Certain portions of the Zinio Service are available only to individuals who have registered with and obtained a password from Zinio. By registering with Zinio, you certify that you are at least 18 years of age. You may not provide or use a password, email address, or any other information of anyone else without the owner's authorization. You agree to provide true, accurate, current and complete information about yourself when you register with or order publications from Zinio, and to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services. 3. User Conduct You may only use the Zinio Service for lawful purposes and in accordance with these Terms, any operating rules established by Zinio and the Zinio Reader License Agreement. Zinio reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms. 4. International Users The Zinio Service is controlled, operated and administered by Zinio from its offices within the United States of America. If you access the Zinio Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Zinio Service or any Publications or other content accessed through the Zinio Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations. 5. Intellectual Property All content included as part of the Zinio Service, such as text, graphics, logos, button icons, images, as well as the compilation thereof, and all software used on this site, is the property of Zinio or its suppliers and protected by United States and international copyright laws. You agree to abide by all copyright notices, legends or other restrictions contained in any such content and will not make any changes thereto. Each third-party content provider owns the copyright on content original to it including, without limitation, on the magazines and other publications delivered or otherwise made available to you by the Zinio Service (the "Publications"). Except as permitted by the Publication's lawful owner, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Except as explicitly permitted under copyright law and by the features of the Zinio Service and Zinio Reader software, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way commercially exploit or provide to a third party the content of the Zinio Web site, the Publications, or any portion of them without the express permission of Zinio and the copyright owner. We do not grant you any licenses, express or implied, to the intellectual property of Zinio or our licensors except as expressly authorized by these Terms or the Zinio Reader License Agreement. 6. Third-Party Content Zinio is a distributor (not a publisher) of the Publications or other content supplied by third parties. Accordingly, we have no editorial control over such content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in Publications offered by the Zinio Service, are those of the respective author(s) or publisher(s) and not of Zinio. Zinio does not guarantee the accuracy, completeness or usefulness of any content, nor will we be liable for any loss or damage caused by your reliance on information obtained through the Zinio Service. The Zinio Service may contain links to other Internet sites and third-party resources. Zinio does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order with a third-party site. 7. Modifications to Service We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Zinio Service (or any part thereof) with or without notice. You agree that Zinio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 8. Disclaimer of Warranties THE ZINIO SERVICE AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZINIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.WITHOUT LIMITING THE FOREGOING, NEITHER ZINIO NOR ITS AFFILIATES, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE ZINIO SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE ZINIO SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR -FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ZINIO SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ZINIO SERVICE WILL MEET YOUR EXPECTATIONS. YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. ZINIO IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZINIO SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZINIO OR THROUGH OR FROM THE ZINIO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 9. Limitation of Liability IN NO EVENT WILL ZINIO OR ITS AFFILILATES, LICENSORS, OR AGENTS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 10. Indemnification You agree to defend, indemnify and hold harmless Zinio, its licensors, suppliers and any third-party content providers to the Service and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including reasonable attorney's fees, arising out of your use of the Zinio Service and resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account. 11. Monitoring Zinio has the right, but not the obligation, to monitor the Zinio Service to determine compliance with these Terms and any operating rules established by Zinio; and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of Zinio's licensors' obligations. 12. Termination Either Zinio or you may terminate this Agreement at any time. Without limiting the foregoing, Zinio may, in its sole discretion and without liability, terminate your password, or use of the Service for any reason, including, without limitation, if Zinio believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and Zinio may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Sections 4, 5, 6 and 8-13 shall survive termination of this Agreement. 13. Auto-renew Option Zinio's auto-renew option allows you to receive uninterrupted delivery of your magazines without having to renew your subscriptions. When purchasing a subscription, if you choose to use the auto-renew option, your auto-renewal of that subscription will be billed at(the publication's market rate at the time the term of your subscription expires). You will be notified by email of the renewal rate for the magazine and the credit or debit card you used for your initial subscription will be automatically charged (at the end of the follow month's billing cycle). If your credit or debit card has expired or the account has closed, you will receive a renewal notification by email that will give you an opportunity to update your billing information. If you change your mind and decide you do not want to auto-renewa particular magazine, contact customer support [at (phone number) or customersupport@zinio.com] with your request. You may cancel your subscription at any time and receive a full refund for any undelivered issues. To check the auto-renew status of your subscriptions, go to "Manage your subscription" in the "My Account" area at Zinio.com. Note that auto-renew may not be available for every magazine. Please contact customer support for availability of this option for a particular title. 14. Miscellaneous These Terms, the Zinio Reader License Agreement and the other rules, guidelines, licenses and disclaimers posted on the Zinio Web site constitute the entire agreement between Zinio and you with respect to your use of the Zinio Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 15. Notification of Changes From time to time, Zinio may revise these Terms to keep them up to date with Zinio's products and services. Please refer to www.zinio.com/policy periodically for any changes. The update date is used to alert you to recent modifications. In addition if Zinio makes any material changes to these Terms, you will be sent a notification describing such changes to the email address where your magazines are delivered. If you do not wish to accept the changed Terms, you may immediately cancel your Zinio subscriptions. Your access or use of the Zinio Service subsequent to such an update or email notification will signify your assent to be bound by such changes. 16. Our Address Zinio, LLC 114 Sansome Street, 10th Floor San Francisco, CA 94104 www.zinio.com Return to Top Privacy Policy Last updated August 3, 2008 Click here to view the previous Privacy Policy Zinio knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Policy explains Zinio's treatment of information that we collect when you are on the Zinio Web site and when you use our products and services (collectively, the "Zinio Service"), which may include personally identifiable information ("Personal Information"). By using Zinio's products and services, you are accepting the practices described here. This policy does not apply to the practices of companies that Zinio does not own or control, or to individuals that Zinio does not employ or manage, including operators of Web sites you may visit before or after visiting the Zinio Web site and the owners or publishers of the magazines and other products ("Publications") you purchase, download or otherwise access through the Zinio Service. Information We Collect We receive and store information you enter on our Web site or give us in any other way.
How We Use Cookies Zinio may allow other companies that are providing content on our site to set and access their own cookies on your computer. Other companies' use of cookies is subject to their respective privacy policies. How We Use the Information We Collect
How We Share the Information We Collect We may share your Personal Information only as follows:
Refund Policy Last updated January 4, 2005 |
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