Zinio Legal Notices


Terms of Service

Last updated May 17, 2018

Welcome to Zinio! Access to, and use of Zinio's website located at www.zinio.com (the “Site”) and other Zinio services (together with access to, and use of the Site, the “Service”) are subject to the following Terms of Service (these “Terms”) and subject to our  Privacy Policy. Please read these Terms carefully. Creating an account with Zinio or otherwise accessing or using the Service will signify that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and Zinio LLC (“Zinio” or “we” or "our"). If you do not agree to these Terms, you may not use the Service.

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.

2.Your Account

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.

10. Indemnification

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.

11. Monitoring

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.

12. Termination

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.

13. Subscriptions

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 support@zinio.com

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

19. Miscellaneous

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

From time to time, Zinio may revise these Terms and our Privacy Policy to keep them up to date with Zinio's products and services. Please refer to the Site periodically for any changes. The update date first written above is used to alert you to recent modifications. Your access or use of the Site or the Service subsequent to such an update will signify your consent to be bound by such changes.

21. Our Address

Zinio LLC
575 Lexington Ave,17th Floor
New York, NY 10022
www.zinio.com

Privacy Policy

Last updated May 17, 2018

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 Privacy Policy (this "Policy") explains Zinio's treatment of information that we collect when you are on our website located at  www.zinio.com (the "Site") and when you use our products and services (collectively, the " Service"). By using our Site and the Service, you are accepting the practices described in our Policy. This Policy does not apply to the practices of other divisions of Zinio LLC ("Zinio") or to the practices of any person or entity other than Zinio, including operators of websites you may visit before or after visiting the Site and the owners or publishers of the Publications you purchase, download or otherwise access through the Service. Each of these may have their own policies to which you may subject.

Data Controller

Zinio LLC, a company with registered office in the United States and domiciled at 575 Lexington Avenue, 17th Floor, New York, NY 10022, informs you that the personal data that the User provides or that he may provide in the future shall be processed in accordance with this Privacy Policy.

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 Collected Automatically: We receive and store certain types of information whenever you interact with us via the Site or the Zinio Reader software. To do this, we use cookies and other techniques to gather this information. 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:

Legal basis

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.

Data storage

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:

International transfers.

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.

 

Updating data

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  support@zinio.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.

 

Security measures.

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.

 

Rights.

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 dataprotection@zinio.com or by mail to Zinio’s establishment in the European Union:

 

Zinio International S.L.U.

Avenida Diagonal 605, 8ª planta

08028 Barcelona, Spain

 

 

Cookies Policy.

Last updated May 17, 2018

 

Cookies are alphanumeric identifiers that a website can store on your computer's hard drive. When you visit the Site, create a user account, download, subscribe to, or purchase a product or Publication from us, or sign-in to the Zinio Reader software, or perform other tasks we may set cookies or other tracking tools on your personal computer or in your computer's memory. We require that cookies be enabled in your Web browser so that we can identify you as a repeat visitor or customer and maintain session information for logged-in users. We also use cookies to track usage trends and patterns in order to better understand and improve areas of the Site. 

Zinio may allow other companies that are providing content on the Site to set and access their own cookies on your computer. Other companies' use of cookies is subject to their respective privacy policies.

Attached below are the types of cookies used:

You can choose whether you wish to accept cookies. Most web browsers allow control of the above listed cookies through the browser settings. By adjusting your web browser, you may avoid receiving cookies. However, this might result in the services on the Website not functioning optimally. The method used to block cookies will depend on the web browser used. Consult the “Help” or corresponding menu in your web browser for instructions. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.

Please note that if cookie settings in your browser are changed, some of the functions of the website may not be available.