Effective Date: May 17, 2012
Term. This Agreement will remain in full force and effect while you use the Services. Men's Journal can suspend or terminate your access to the MJ Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Electronic Form/Communications. By accessing the MJ Applications or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
2. Use of the MJ Applications and Services
Carrier Charges. You are responsible to pay carrier data, messaging, and other fees resulting from accessing any MJ Applications. Data and messaging (including SMS text messages) plans may be required to use mobile features of the MJ Applications. Standard data and messaging charges, fees, and taxes from your carrier may apply.
Personal Use. The MJ Applications, the content offered in its print and electronic publications ("Content") and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or MJ Applications, in any medium, without Men's Journal's prior written consent, or (ii) alter or modify any part of the MJ Applications other than as may be reasonably necessary to use the MJ Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content or to manipulate the MJ Applications or Services.
No Interference. You will take no action to interfere with, interrupt, destroy or limit the functionality of the MJ Applications or any computer software or hardware or telecommunications equipment. You may not use the MJ Applications or Services in any manner that could damage, disable, overburden, or impair any Men's Journal server, or the network(s) connected to any Men's Journal server, or interfere with any other party's use and enjoyment of any MJ Applications or Services. You may not attempt to gain unauthorized access to any MJ Applications or Services, other accounts, computer systems or networks connected to any Men's Journal server or to any of the MJ Applications or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MJ Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through MJ Applications or Services, including any proprietary communications protocol used by Men's Journal.
Modification to Services. Men's Journal has the right to modify the MJ Applications and Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Men's Journal in providing its products, services, Content or any Services is to cancel your subscriptions or stop using the Services as set forth herein.
Accurate Information. For purposes of identification and billing, you agree to provide Men's Journal with accurate, complete, and updated information required when subscribing or making any other purchase, including your name, email, delivery address, and applicable payment information (e.g., credit/debit card number, email address, and expiration date) (collectively, "Billing Information") and provide Men's Journal and its third party payment processor express authorization to charge said fees at the time of purchase or renewal. Failure to comply with this provision (including without limitation falsification of any Billing Information) may, at Men's Journal's option, result in immediate suspension or termination of your right to use the Services.
Payment. If you sign up for a subscription we will bill you for the term you select using the Billing Information you provide for the term of Services you select. You agree to pay Men's Journal all charges at the prices then in effect for your use of the Services using the payment method from the choices accepted by Men's Journal, and any applicable taxes, and you authorize Men's Journal to charge the card you provide (your "Payment Card") through your chosen Payment Card provider for the Services. You agree to pay the monthly, annual or other term charges as set forth on any offer you accepted, applicable taxes, and other charges incurred on your account. If the offer you accept includes an automatic renewal feature, at the end of each term you select, Men's Journal will automatically charge your Payment Card account for renewal of your subscription term. The renewal charge will be the current renewal rates for the term of your subscription. Men's Journal reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. In the event Men's Journal cannot charge the Payment Card, we reserve the right to bill you or terminate your subscription(s). All prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
Refund Policy. If you purchase a subscription and cancel during the term of subscription, Men's Journal will refund the remainder of your paid subscription on a pro-rata basis that will cover the unserved issues of your subscription.
Cancelation; Subscription Issues. If you want to cancel your subscription(s) or have another issue regarding your subscription, you can go to www.mensjournal.com/subscriber-services and follow the instructions that are set forth on those pages. Or you can call customer service at 800-677-6367.
Account Updates. If your Payment Card expires you are responsible for updating your Billing Information. Account updates should be made online via at www.mensjournal.com/subscriberservices. You agree that Men's Journal may continue charging your Payment Card for any use of the Service unless you provide new Billing Information to Men's Journal or Men's Journal has evidence that you have cancelled your subscription(s).
Unauthorized Use. You are responsible for promptly updating your Billing Information in the event of any known or suspected unauthorized use of your Billing Information, including loss, theft, or unauthorized disclosure of your Billing Information.
Payment Method. The terms of your payment will be determined by agreements between you and the financial institution, credit/debit card issuer or other provider of your chosen Payment Card (the "Payment Card Provider"). If Men's Journal does not receive payment from your Payment Card Provider, Men's Journal reserves the right to bill you and you agree to pay all amounts due on your account upon demand.
Change in Fees. If the amount to be charged to your Payment Card varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), Men's Journal will provide notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction.
Security. Men's Journal has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Promotions, Contests and Sweepstakes. You agree not to discuss the mechanics of sweepstakes, contests, or similar promotions available on or through the Service, or attempt to manipulate, corrupt or otherwise affect the outcome of, any such promotions, or post, upload, transmit, send, or otherwise make available on or through the Service any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotion.
3. User Submissions
Communication Services. The Services may contain e-mail services, chat areas and/or other message, communication or other mechanisms designed to enable you to communicate with others or to post content on the Sites (the "Communication Services"). All such communications, information and content, including the ideas contained in such materials, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, "Distribute") is referred to as "User Content." You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the User Requirements set forth below, and, when applicable, is related to the particular Communication Service.
Removal. Men's Journal has no obligation to monitor the User Content. However, Men's Journal reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. Men's Journal specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Men's Journal representatives may monitor your User Content on the MJ Applications but we cannot monitor all of the User Content on the MJ Applications and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to email@example.com.
Disclaimer of Endorsement. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Men's Journal, and such communications shall not be considered reviewed, screened or approved by Men's Journal. User Content, including statements made in public forums, reflect only the views of their authors. Men's Journal specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Managers and hosts of Communications Services are not authorized Men's Journal spokespersons, and their views do not necessarily reflect those of Men's Journal.
License and Warranties. By using the Communication Services and submitting User Content to the MJ Applications, you grant to Men's Journal, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the Sites, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial or non-commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the MJ Applications a non-exclusive license to access your User Content as permitted through the functionality of the MJ Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
No Confidentiality. You acknowledge and agree that your communications via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by Men's Journal and others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Men's Journal is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with the User Requirements.
User Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
4. Proprietary Rights
The Services and all material published on the MJ Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, "applets" incorporated into the software, data, sounds, messages, comments, ratings, and other materials on the MJ Applications (together "Content") is owned by Men's Journal or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. In addition, Men's Journal owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the MJ Applications. All trademarks, service marks, trade names, and trade dress appearing on the Sites ("Marks") are proprietary to Men's Journal and/or our licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, MJ Applications or the Services, in whole or in part, without Men's Journal's prior written consent. You may download Content for your personal, non-commercial use only as provided in these Terms, or as may be otherwise permitted by Men's Journal from time to time, provided that do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of Men's Journal or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from MJ Applications. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Men's Journal without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Men's Journal's name or trademarks without the express written consent of Men's Journal. You may not use any Men's Journal logo or other proprietary graphic or trademark as part of the link without express written permission. If you engage in any uses not permitted by these Term, all permissions or licenses granted by Men's Journal in these Terms shall automatically terminate.
No Other License Granted. Except for allowing you to use the MJ Applications and Service for your personal use as set forth in the paragraph above, when you use the MJ Applications or Service, you are not receiving a license or any other rights from Men's Journal, including intellectual property or other proprietary rights of Men's Journal. You understand that you have no rights to the MJ Applications or Services or any other Men's Journal property except as we indicate in these Terms.
5. Digital Millenium Copyright Act ("DMCA") Notice
Men's Journal has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Men's Journal has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Further, we reserve the right to terminate, discontinue, suspend and/or restrict the ability to visit and/or use the Service or remove, edit, erase or disable any User Content on the MJ Applications which allegedly infringes another person's copyright. It is out policy to terminate the access of repeat offenders. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the MJ Applications or the Service. If you believe any materials on the MJ Applications or the Services infringe a copyright, you should provide us with written notice that at a minimum contains:
Men's Journal's Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent
Attn: Legal/DMCA Complaints
Men's Journal LLC
1290 Avenue of the Americas
New York, NY 10104
By email: firstname.lastname@example.org
Age Requirements. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the MJ Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Men's Journal Application and Services.
Links. You may be able to access other websites or resources through links on the Site. Because Men's Journal has no control over such sites and resources, you acknowledge and agree Men's Journal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does Men's Journal endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Men's Journal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Third Party Opinions. The MJ Applications may contain views, opinions and statements of various third party individuals and organizations. Men's Journal neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of the MJ Applications. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or contents available through the MJ Applications and to seek appropriate advice of professionals, as appropriate.
Disclaimer of Warranties. MEN'S JOURNAL WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THE MJ APPLICATIONS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON MJ APPLICATIONS, WHICH ARE PROVIDED "AS IS." MEN'S JOURNAL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN MJ APPLICATIONS AT ANY TIME INCLUDING CHANGES TO THESE TERMS. MEN'S JOURNAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, LINKS OR OTHER ITEMS CONAINED HEREIN. MEN'S JOURNAL DOES NOT MAKE ANY REPRESENTATIONS THAT MJ APPLICATIONS OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT MJ APPLICATIONS SHALL BE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE MEN'S JOURNAL APPLICATIONS, OR OBTAINED FROM A SITE TO WHICH THE MEN'S JOURNAL APPLICATIONS ARE LINKED, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. MEN'S JOURNAL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE MEN'S JOURNAL APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL MEN'S JOURNAL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE MEN'S JOURNAL APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE MEN'S JOURNAL APPLICATIONS OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEN'S JOURNAL OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE MJ APPLICATIONS OR THE SERVICES, EVEN IF MEN'S JOURNAL HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MEN'S JOURNAL 'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $20. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the MJ Applications or using the Services and agree to indemnify and hold Men's Journal, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties"), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the MJ Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Access to Services. Men's Journal reserves the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Men's Journal also reserves the right to change, modify, discontinue, suspend or abandon the MJ Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The MJ Applications and Services are controlled from facilities in the United States. Men's Journal makes no representations that the MJ Applications or Services are appropriate or available for use in other locations. Those who access or use the MJ Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Men's Journal ("Dispute") will rest, and you and Men's Journal each agree to submit to the exclusive jurisdiction of, the courts of the State of New York and the federal courts of the southern district, located in New York City, New York. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated, and you waive your right to trial by jury. Any cause of action you may have with respect to Men's Journal, the Services, the content or the MJ Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and Men's Journal. They supersede any and all prior or contemporaneous agreements between you and Men's Journal relating to your use of the MJ Applications or the Services. Men's Journal may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Men's Journal to partially or fully exercise any rights or the waiver of Men's Journal of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Men's Journal or be deemed a waiver by Men's Journal of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Men's Journal under these Terms and any other applicable agreement between you and Men's Journal shall be cumulative, and the exercise of any such right or remedy shall not limit Men's Journal's right to exercise any other right or remedy.
Copyright (c) 2012 Men's Journal LLC. All rights reserved.