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CMYK MAGAZINE AUTOMATIC-RENEWAL FEATURE:
CMYK magazine offers 12-month subscriptions for $29.99. Payment will be charged to iTunes Account at confirmation of purchase. Your digital subscription to CMYK magazine automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your iTunes account will be charged for renewal 24 hours prior to the end of the current period for the digital subscription price for 12 months. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. No cancellation of the current subscription is allowed during active subscription period. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication
CMYK Magazine, Inc. (“CMYK”, or “we”) provides our users the ability to view material, from either social networking services (“SNSs”) or the Internet generally, in an innovative way. The services offered by CMYK include our software applications (including any updates, new versions or new releases thereof), including but not limited to applications for mobile devices such as Apple’s iPad and iPhone, and devices running the Android operating system (each a “CMYK Application”), our website located at www.cmykmag.com (the “Site”) and any other services offered by CMYK in connection with our CMYK Application or the Site (any and all of the foregoing are referred to as the “Services”). The Services do not include any SNS or other third-party service you interact with via the Services.
Eligibility and Access
The Site, Services and CMYK Content are intended solely for persons who are 13 or older. Any access to or use of the Site, Services and CMYK Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and CMYK Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the Site, Services and CMYK Content.
In order to use certain current or future portions or functionalities of the Site, Services or CMYK Content, you may be required to register for a user name and password (creating a “CMYK Account”). CMYK reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in CMYK ’s sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your CMYK Account credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your CMYK Account through a combination of upper and lower case letters, numbers and other characters. You agree to notify CMYK immediately of any unauthorized use of your CMYK Account credentials or any other breach of security with respect to your CMYK Account. CMYK will not be liable for any loss or damage arising from unauthorized use of your CMYK Account credentials prior to you notifying CMYK of such unauthorized use or loss of your credentials.
You agree to provide accurate, current, complete and non-misleading information to CMYK in connection with your creation of a CMYK Account and during your use of the Services. CMYK reserves the right to suspend or terminate your access to the Site and/or Services if any information provided to CMYK in connection with your CMYK Account or use of the Site and/or Services proves to be inaccurate, not current, incomplete or misleading. If messages sent to an email address provided by you and associated with your CMYK Account are returned as undeliverable, CMYK reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party. You agree that you will not use the CMYK Application to access or use third party services to which you do not have the right to access. If you are not a CMYK App User, then you may be permitted to browse all areas of the Site or use the parts of the Services that are not limited to CMYK App Users only, except as otherwise limited by the functionalities of the Site or Services (e.g., a CMYK Account may be required for access to certain Services).
Third Party Materials and Agreements
You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the CMYK Application to find and view material on the Internet, you are directing CMYK to present the Third Party Materials that you have selected to you and enable other users to discover such materials in accordance with your preferences. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials or User Content (defined below), and CMYK disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content via a CMYK Application. You further assume all responsibility for any data charges that you may incur for use of the CMYK Application and/or access to any Third Party Materials or User Content. Your ability to access or link to Third Party Materials, User Content, or third party services (including any SNS) does not imply any endorsement by CMYK of Third Party Materials, User Content or any such third party services. You acknowledge and agree that CMYK : (a) is not responsible for the availability or accuracy of such Third Party Materials or User Content or the products or services on or available from such Third Party Materials or User Content; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Materials or User Content; (c) does not undertake or assume any duty to monitor the CMYK Application for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Materials or User Content from being accessed through the Services. Notwithstanding the foregoing, CMYK reserves the right to block or remove User Content or Third Party Materials at any time in CMYK’s sole discretion.
Certain types of content are made available through the Site and Services. “CMYK Content” means CMYK proprietary content, including but not limited to, CMYK trademarks and logos made available through the Site and Services, excluding Third Party Materials and User Content. “User Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that a CMYK user uploads, posts, flips, compiles or provides to CMYK via the Site and Services, as applicable.
CMYK claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
CMYK Application License
Proprietary Rights. The copy of the CMYK Application is licensed, not sold, to you. You agree that CMYK and its licensors own all right, title and interest in and to the CMYK Application, including all intellectual property rights therein, and that CMYK retains ownership of all copies of the CMYK Application even after installation on your mobile device. The CMYK Application is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the CMYK Application as delivered to you.
Export Control. You may not use, export, re-export, import or transfer the CMYK Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the CMYK Application, and any other applicable Laws. In particular, but without limitation, the CMYK Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the CMYK Application, you represent and warrant that you are not located in any such country or on any such list. You also may not use the CMYK Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Copyrighted Materials: No Infringing Use
You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. CMYK has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of CMYK and you hereby irrevocably assign to CMYK and agree to irrevocably assign to CMYK all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights therein. At CMYK ’s request and expense, you will execute documents and take such further acts as CMYK may reasonably request to assist CMYK to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Interactions Between Users
You agree not to do any of the following while using the Site, Services or CMYK Content:
Sweepstakes and Contests
Following termination your account, or if you remove any User Content from CMYK, we may retain your User Content for a commercially reasonable period of time for backup, archival or audit purposes, and we may retain an archived copy of your records as required by law or for legitimate business purposes. Furthermore, CMYK and its users may retain and continue to use, store and display any of your User Content that other users have stored or shared through CMYK .
THE SITE, SERVICES, CMYK CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CMYK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CMYK MAKES NO WARRANTY THAT THE SITE, SERVICES, CMYK CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CMYK OR THROUGH THE SITE, SERVICES, CMYK CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
IN NO EVENT WILL CMYK ’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CMYK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of CMYK used herein are trademarks or registered trademarks of CMYK Magazine, Inc. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND CMYK AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to CMYK, to you via any other method available to CMYK, including via e-mail. The Notice to CMYK =should be addressed to: CMYK =Magazine, Inc., 214 Homer Avenue, Palo Alto, CA 94301, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and CMYK do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CMYK may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against CMYK, then CMYK will promptly reimburse you for your confirmed payment of the filing fee upon CMYK’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and CMYK agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions. YOU AND CMYK AGREE THAT YOU AND CMYK MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN YOU FURTHER AGREE THAT THE PROVISIONS OF THIS AGREEMENT CONCERNING MANDATORY ARBITRATION SHALL NOT APPLY TO ANY ACTION INVOLVING A PURPORTED CLASS OR REPRESENTITIVE PROCEEDING, AND SUCH ACTIONS BETWEEN YOU AND CMYK SHALL PROCEED, IF AT ALL, IN STATE OR FEDERAL COURT, AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA.
Improperly Filed Claims. All claims you bring against CMYK must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, CMYK may recover attorneys’ fees and costs up to $5,000, provided that CMYK has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Certain Third Party Software
Portions of the CMYK Application are subject to the following licenses:
All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the organization nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JOHN ENGELHART BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright © 2017 CMYK Magazine, Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.