1. Agreement. Welcome to MYMAG (also “We,” “Us,” and “the Service”), a service of MYMAG, LLC. By using this Service, you agree to be bound and abide by all terms of this User Agreement. In addition, when using specific services or features, you agree to abide by any guidelines or rules posted in connection with such services or features, all of which are hereby incorporated by reference into this User Agreement. By your acceptance of this agreement and use of the Service, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with Us, including login information. If you do not agree with any posted guidelines or rules, or with any part of this Agreement, you must not use this Website.
2. Acceptable Use Policy. By using the Service, you agree that:
This Site and any and all content on or available throughout the Site, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, “Content”) is owned by MYMAG, LLC, its licensors or content providers. Your use of this Service, including, without limitation, any of its elements or content, is solely for your own noncommercial use and benefit. Neither you nor any third party will make use of the contents of this Service in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by Us. You understand that all content is the sole responsibility of the person from which such content originated. You will be solely responsible for content that you create, transmit or display and the consequences of posting the content. By posting or submitting content, you are giving MYMAG and its affiliates the worldwide, perpetual, non-exclusive right to use, post, display, perform, reproduce, print, store, distribute, adapt, compile, create derivative works, modify or otherwise exploit your submissions. In connection with each of your content submissions, you affirm, represent and/or warrant that you have all rights necessary to authorize MYMAG to use the content in a manner contemplated by MYMAG and this User Agreement. You will not, without express written permission granted by MYMAG, submit, post, upload, distribute, or otherwise make available any submission that contains, in the opinion of MYMAG: (1) personal and/or private information about another person or entity; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, violent, offensive, or otherwise objectionable or unlawful material; (3) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity; or (4) any information intended to promote and/or generate revenue for any third party business activity. You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify.
You agree to use the Service only for purposes that are legal, proper and in accordance with this User Agreement and any applicable policies or guidelines. You will not use this Service for any unlawful purpose, including engaging in (or attempts to engage in) any criminal activity.
MYMAG reserves the right, but shall have no obligation to pre-screen, or to refuse to remove or to remove any content available on the Service, with or without notice. You understand that by using the Service you may be exposed to Content that is objectionable, and that you use the Service at your own risk.
You will not interfere with any other user’s use and enjoyment of this Service. You will not use this Service or the information contained therein in unsolicited mailings or spam material. In particular, you will not use any of our trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using this Service. You will not collect or store personal data about other users without their express permission.
You will not post, upload, email or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, or spamming the Service. You will not attempt to gain unauthorized access to MYMAG’s computer systems or server. You recognize that not all areas of this Service may be available to you.
3. Disclaimer of Warranty and Limitation of Liability. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. MYMAG DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECT, OR THAT THIS SERVICE, THE WEBSITE WWW.MYMAG.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, VIRUSES, OR OTHER MATERIAL OR INFORMATION THE USER RECEIVES DIRECTLY OR INDIRECTLY THOURGH THE SERVICE.
THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCUARAIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE. CONTENT AVAILABLE THROUGH THIS SERVICE IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY MYMAG AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE DO NOT ENDORSE THE ACCURACY, COMPELTENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THROUGH LINKS IN THIS SERVICE, NOR ARE WE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH SERVICES.
WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE. MYMAG RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE OR ANY PART THEREOF WITHOUT NOTICE. MYMAG RESERVES THE RIGHT TO CORRECT ERRORS OR OMISSIONS IN THIS SERVICE. IF YOU RELY ON THIS SERVICE AND ANY MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. MYMAG SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER MYMAG WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Applicable Law. The use of the Service shall be governed by the laws of the New York, without regard to conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the State of New York. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this User Agreement, including without limitation, this paragraph. All Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
5. Indemnification. You agree to indemnify and hold MYMAG, LLC its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any violation by you of this Agreement or of any law or the rights of any third party. We reserve the right to take over defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
6. Severability. If any provision of this User Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement shall be enforceable and remain in effect to the greatest extent possible.
7. Termination. We reserve the right to terminate access to the Service for any reason, and to take any other actions that MYMAG, in its discretion, believes to be in the interest of the Service and of its users as a whole. We reserve the right to modify these disclaimers, terms and conditions of access, without advance notice. This Agreement may be terminated by either party for any reason at any time. Sections 3-7 survive Termination of this User Agreement.