Terms of Service
Last updated May 17, 2018
THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF ZINIO. PLEASE READ THESE TERMS IN THEIR ENTIRETY.
1.Description Of Service
The Service is operated by Zinio, and includes the Site through which you order, subscribe to and receive various digital magazines and other publications, content and products (collectively, the "Publications"), Z-Pass, Zinio Unlimited and the Zinio Reader applications. Use of the Zinio Reader software is also subject to the Zinio Reader License Agreement.
Certain portions of the Service are available only to individuals who have registered with and obtained a password from Zinio. You may not provide or use a password, email address, or any other information of anyone else in connection with the Services. 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, licensing and use of all content and services.
The Service is only available to persons over the age of 18. By registering with Zinio, you certify that you are at least 18 years of age. The Service may contain material which is deemed unsuitable for minors and which may be perceived by others as obscene or disturbing. The Service is not intended to be used by children without the involvement, supervision and consent of parents or guardians. Parents or guardians who allow children to use the Service shall bear sole responsibility for determining whether the content of the Service is suitable for such child.
3. User Conduct
You may only use the Service for lawful purposes and in accordance with these Terms, any operating rules established by Zinio from time to time and the Zinio Reader License Agreement. Zinio reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms or applicable laws and regulations.
4. International Users
The Service is controlled, operated and administered by Zinio from its offices and servers located within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all applicable local laws and regulations. You agree that you will not use the Service or any Publications accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws or regulations.
5. Intellectual Property
All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as compilations
thereof, and all software used on the Site, is the property of Zinio or its suppliers or licensors, and is protected by
United States law, and applicable international laws and treaties, including without limitation copyright and other laws
and treaties that protect intellectual property and proprietary rights. You agree to observe and abide by all such applicable
laws and treaties, and to not alter, obscure or remove any copyright and other proprietary notices, legends (whether outlining
restrictions on use or otherwise) contained in any such content.
Each third-party content provider owns the copyright in and to all content original to it, including without limitation the Publications delivered or otherwise made available to you through the Service. Except as permitted by the Publication's lawful owner, you acknowledge that you do not acquire any ownership rights in a Publication by downloading a Publication accessed through the Service.
Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Service and Zinio Reader software, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the Site, the Publications, or any portion of them without the express permission of Zinio and the owner of such content.
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. Accordingly, we have no editorial control over the Publications.
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 Service, are those of the respective author(s) or publisher(s)
and not of Zinio. Zinio does not guarantee the accuracy, completeness, truthfulness, or usefulness of all or any portion
of any Publication or any services or offers made by third parties, nor will we be liable for any loss or damage caused
by your reliance on information contained in any Publication, or your use of services offered, or your acceptance of any
offers made through the Service or the Publications.
The 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 through 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 for products or services through, or otherwise use a third-party site.
7. Modifications To Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) if there are reasonable circumstances justifying it, including the removal of Publications, with or without notice. Your continued use of the Service shall serve as your consent to any such modifications to the Service. To the maximum extent permitted by applicable law, 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
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ZINIO, ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM 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, SUPPLIERS, PUBLISHERS, LICENSORS OR
AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINED IN
THE PUBLICATIONS WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PUBLICATIONS OR THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. ZINIO IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR OTHERWISE ACCESS CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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 OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZINIO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
9. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ZINIO NOR ITS AFFILIATES, SUPPLIERS LICENSORS, OR AGENTS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ZINIO FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO ZINIO FOR THE PORTION OF THE SERVICE OR PUBLICATION GIVING RISE TO THE CLAIM.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Zinio, its licensors, suppliers and any third-party content providers and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including attorney's fees, arising out of or resulting from (a) your use of the Service or the Publications, (b) your violation of these Terms, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service or the Publications using your account.
Zinio may monitor the Service to determine compliance with these Terms and any operating rules established by Zinio, to insure accurate and proper delivery and functionality of the Services, and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Zinio may retain 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 or its licensors' obligations.
Zinio may terminate the Service 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 reasonably 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 involve that Zinio may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Sections 2, 4, 5, 6 and 8 through 17 shall survive termination of these Terms.
Certain of our Services are offered on a subscription basis ("Subscription"). A valid credit card or other payment method ("Billing Method") accepted by Zinio is required at the time of registration for such Services, and you agree to be billed periodically, based on the length of your Subscription. You agree to keep all Billing Method and other required information current. All Subscriptions will include "Continuous Service" which enables you to receive uninterrupted access to such Service, and delivery of associated Publications until you cancel your Subscription. Before the end of the initial subscription period, Zinio will inform you in written of the termination date of such period, allowing you to cancel the subscription before any charge is made. You will be billed automatically, at the end of your then-current offer terms applicable to that Service, The end date of your current Subscription period is available in your account settings. You will be billed each month on the calendar day that your Subscription commenced. Where your Subscription began on a day not contained in a given month, you will be billed on the last day of such month. If your Billing Method has expired at the time of Subscription renewal, Zinio may immediately suspend, deactivate or delete your account and access to the Service. You may cancel a Subscription at any time. Where a Subscription is for a particular Publication, you will receive a refund for any unserved issues (see Refund Policy below). Where the Subscription is for access to Zinio Unlimited or Z-Pass, such access will continue until the end of the then-current subscription period and no refund will be offered.
14. Zinio Unlimited
Zinio Unlimited allows you to access a selection of Publications only while you have an active Subscription. Upon cancellation of your Subscription, you will no longer have any rights to access any Publications downloaded or otherwise accessed while your Subscription was active. You shall not login to Zinio Unlimited on more than 5 devices for the purposes of accessing Publications. Your use of the Zinio Unlimited applications is subject to the Zinio Reader License Agreement.
15. Free Trials
If you purchase a Subscription to a Service that includes a free trial, you will receive free access to the Publication during the free trial period. If you cancel the Subscription during the free trial period, you will not be billed. If you do not cancel the Subscription during the free trial period, you will be billed at the end of the free trial period for the first Subscription period occurring thereafter applicable to the Service that you purchased. Free trials are limited to one per user per Service. Before the end of the initial subscription period, Zinio will inform you in written of the termination date of such period, allowing you to cancel the subscription before any charge is made.
16. Pricing And Tax
All pricing featured on the Site is exclusive of VAT, GST and indirect tax. Purchase transactions will include VAT, GST or
indirect tax based on your billing address and the tax rates in effect at the time your transaction is completed. Zinio
will only charge tax in countries or states where digital goods are taxable. No customers are eligible for the tax exemptions
for transactions made on the Service.
All pricing and tax on the Zinio iPad and iPhone apps will follow Apple's iTunes Terms and Conditions.
17. Facebook Connect And Passive Sharing
You can register on Zinio using your Facebook account. For security reasons, Zinio will not access your Facebook password. Zinio will only access the Facebook information that you permit to be shared with us in order to facilitate Zinio account creation and to provide you with more targeted communications and promotions. Also, Zinio is compliant with Facebook guidelines and will not publish any reading or sharing action on your Facebook timeline without your permission. You can remove any read action to Facebook from the Zinio website, at any time. If you allow Zinio to publish on your timeline, there will be a delay of 10 seconds before any action is published, and you will be notified when it occurs.
18. Right of withdrawal and Refund policy
You have the legal right to cancel your subscription without need to invoke any reason during 14 days following your subscription provided that no Publication has been read, however, Zinio has a more generous policy as outlined below. In order to exercise this right, please contact Zinio through the email address firstname.lastname@example.org
1. Refund policy for credit card purchases: Zinio will provide a refund for all unserved issues of Publications to the original credit card used for purchase. Single copy purchases will only be refunded in the event that you are unable to download the issue. Please go to Zinio’s help page to request a refund.
2. Refund policy for PayPal purchases: Zinio will provide a refund for all unserved issues to your PayPal account within 60 days of purchase. Due to PayPal’s policy, after 60 days all PayPal sales are final.
3.Refund policy for iTunes and Googleplay purchases: iTunes and Googleplay purchased are subject to their terms and conditions and can not be refunded by Zinio
These Terms, the Zinio Reader License Agreement and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Zinio and you with respect to your use of the 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 New York, without regard to the conflicts of laws principles thereof, except where you are a EU-resident consumer and therefore local imperative law may apply;, and the parties submit to the exclusive jurisdiction of the Superior Court of New York and the United States District Court for the Southern District of New York with respect to any dispute arising under or relating to your use of the Service or these Terms, except where you are a EU-resident consumer and therefore local law apply recognizing your right to submit the conflicts before the courts of the country where you reside or to alternative conflict resolution systems. 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.
20. Notification Of Changes
21. Our Address
575 Lexington Ave,17th Floor
New York, NY 10022
Last updated May 17, 2018
Information We Collect
Zinio collects information from users, which may include personally identifiable information ("Personal Information"), at different points on the Site and through the Service or the Zinio Reader software as follows:
Information You Give Us: We receive and store information you enter on the Site or give us in any other way. This information includes but is not limited to:
Information We Get From Other Sources: We may receive information about you from other sources, add it to your account information and treat it in accordance with this Policy. This information includes but is not limited to:
Purposes Of Processing
Zinio uses information about you to:
The legal basis for the processing of the user’s personal data is the performance of the contractual relationship between Zinio and the user when using the Site or the Service, as well as the user’s consent provided upon registration into the Service.
The personal data provided will be stored while it is necessary for the fulfilment of the legal obligations of Zinio regarding the Service, and even after the termination of the contractual relationship, for the purposes of ensuring the fulfilment of the legal obligations corresponding to Zinio. Also, the usage data collected automatically by Zinio may be stored indefinitely, after being duly anonymized.
Communication of data
We inform you that your personal data may be communicated to other companies within the Zinio group of companies for the fulfilment of the purposes above. Additionally,, we may share your Personal Information as follows:
Email Communications From Zinio To Our Users
Zinio does not send unsolicited email, but we do send email communications to our users in connection with the provision of the Service. The following outlines the types of email Zinio sends to our users and the choices you have about which messages to receive:
We remind you that the personal information you provide us as a user will be stored in the United Stated. However, if you are a EU resident, Zinio guarantees its full compliance of the European Union regulations concerning personal data protection, and namely the obligations contained within the Regulation (EU) 2016/679, of 27 April 2016, or General Data Protection Regulation (GDPR). We inform you that Zinio holds an establishment within the European Union, to which you can address as indicated below.
The User undertakes to notify Zinio immediately of any change in his/her personal data so that the information held in Zinio’s
filing systems remains up-to-date at all times and does not contain any errors. To review or update your Personal
Information, or to alter your email preferences, or preferences regarding how we share your Personal Information, go to
"email preferences" in the "account settings" area of the Site.
If at any time you would like to close your account, send email to email@example.com. Please be aware that any unfulfilled subscriptions may be cancelled without refund and you will have to re-register in order to use the Service. It is your responsibility to request a refund from Zinio or the appropriate merchant.
Zinio hereby informs the User that it has implemented the technical and organisational security measures required to ensure the security of his/her personal data and to safeguard it from unauthorised changes, loss, processing and/or access, having regard to the state of the technology, the nature of the data that is being stored, and the risks to which it is exposed, whether as the result of human action or the physical or natural environment.
The User may at any time, on the terms and conditions laid down in the data protection legislation for the time being in force and in accordance with the legislation, revoke authorisation to process and disclose his/her personal data, and may also exercise the rights of access, rectification, deletion and objection, the right to request the restriction of the processing of his/her personal data, the right to data portability and the right to complain to a supervisory authority. He/She may do so by contacting firstname.lastname@example.org or by mail to Zinio’s establishment in the European Union:
Zinio International S.L.U.
Avenida Diagonal 605, 8ª planta
08028 Barcelona, Spain
Last updated May 17, 2018
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