THESE TERMS AND CONDITIONS (“TERMS”) ARE BETWEEN YOU (“YOU”) AND EMAGS, (“WE” OR “US”) AND DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS AND USE OF EMAGS AND APPLICATION FOR MOBILE DEVICES (THE “APPLICATION”), WHICH CAN BE DOWNLOADED FROM VARIOUS MOBILE APP STORES AND THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE EMAGS SITE, APPLICATION OR USE THE SERVICES.
Note: This Agreement includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.
You agree that we may provide notices, disclosures and amendments to these Terms, and other information relating to eMags by electronic means, including via email and posting such materials online at emags.com.
The Services (defined below), are provided to you by eMags through an application which can be downloaded from various mobile app stores and a website at www.emags.com (including any web site, web widget, mobile application, or any other similar platform, owned, controlled, operated or offered by eMags) (collectively the “Site”), subject to the these terms (the “Terms”), which may be updated from time to time by posting a revised version of the Terms, which may be posted without advance notice to You. Accordingly, please review the Terms posted at this location on a periodic basis.
In order to use the Service you must be at least 18 years old or older (or have your parent or guardian’s consent) and have a smart phone/tablet or computer with an internet connection.
2 ABOUT THE SERVICE
To get access to the Service you must accept and agree to the entire Agreement and create a user account by registering certain personal data (including but not limited to email address, country etc.). See also section 2.8 below.
You will get access to the Service by:
- downloading the Application to a smart phone, tablet or computer ( “Mobile Device”) (or by access through the Website);
- logging on to your user account via the Application or the Website.
You can log on to the Application or Website with your username or through “Apple”, “Google Sign-In” and such other login authentication mechanisms as shown on the Application. Under “My Account” you may order and subscribe to magazines in a digital format (and in applicable cases digital products in a readable form) (the “Subscription”). The Website and/or the Application outline which titles eMags from time to time offers for each Subscription (the “Content”).
By logging on to the Application (or if applicable on the Website) on your User Account you can access, stream as well as download, the Content included in the Subscription you have chosen.
You are responsible for updating your Mobile Device with the software program that is needed from time to time, in order to access the Service.
You are responsible for submitting complete, true and correct information and for making sure such information is kept up to date. eMags does not have any obligation to make any inquiries to assess the accuracy of the information provided. Usernames shall be stored securely. You are responsible for all use of the Service that occurs under your username. If your username is lost or stolen or if you have any reason to believe that there has been an unauthorized access to your User Account, please notify eMags immediately and change your username as soon as possible.
If you wish to subscribe to a Subscription you are in certain cases required to register your current payment information (such as debit or credit card information or invoicing information) with eMags (see 3.2 below).
3 PRICE AND PAYMENT FOR SUBSCRIPTION
eMags offers ongoing Subscriptions against payment in advance of a fixed fee each term.
You are required to register current and valid payment information in accordance with any of the payment methods which are offered from time to time and which correspond to the country chosen by you when creating your User Account. This means that when a credit or debit card is needed, you need a credit or debit card issued in the same country that you are resident in or provide other information required for the payment method in question.
The price for each Subscription is published on the Website (the “Fee”). All prices include value added tax (VAT) (where applicable). By subscribing to a Subscription for a specific country you are confirming that you live and pay tax in such country.
When you are creating your Subscription you will provide payment information in accordance with the instructions on the Application. Payment shall be made through the payment methods offered by eMags from time to time for the Subscription in question.
In order to receive continuous access to the Content, you are required to ensure that you have paid the Fee according to the payment method that applies to the Subscription in question. If you are paying by debit or credit card you are obligated to ensure that the balance, before each new Subscription Period, covers the Fee. If your account cannot be charged, eMags will send you a message thereof and try to charge your account again. As regarding payment with a debit or credit card, new attempts can be made each day during a period of up to ten (10) days. You will automatically cease to have access to the Content if the Fee has not been paid after the last such attempt.
IMPORTANT NOTICE: eMags WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AT THE END OF EACH SUBSCRIPTION PERIOD (THE “RENEWAL DATE”) AND, AS AUTHORIZED BY YOU DURING THE SIGN-UP PROCESS, eMags WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR FEE (UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE IN ACCORDANCE WITH SECTION 4 BELOW). EACH SUBSCRIPTION RENEWAL PERIOD IS TYPICALLY FOR ONE (1) YEAR. IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE-TRIAL PERIOD, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, eMags WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST YEARLY SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE-TRIAL PERIOD AND EACH SUBSEQUENT YEARLY SUBSCRIPTION FEE FOR EACH RENEWAL DATE THEREAFTER UNTIL YOU CANCEL.
Refund policy for iTunes and Google play purchases: iTunes and Google play purchases are subject to their respective third party terms and conditions and cannot be refunded by eMags.
4 NO RIGHT OF WITHDRAWAL
By creating a User Account and accepting this Agreement, you expressly accept and approve that you have immediate access to the Service via your User Account, which means that you do not have any right of withdrawal from the Agreement because the Service is delivered immediately to you. You agree and approve that you do not have any right of withdrawal except as provided for in accordance with section 5 below.
5 TERMINATION AND SUSPENSION FROM THE SERVICE
You have the right, at any time, to terminate your Subscription via the “Subscription Settings” section on your device. If you cancel your subscription, you will have access to the Service until the end of the Subscription Period that you have paid for. After the end of the current Subscription Period you will no longer have access to the Service and will no longer be able to access the Content. eMags does not refund any Fee for the remaining Subscription Period.
eMags recommends that you terminate your Subscription via “Subscription Settings” on your device. A termination can be made at any time during the current Subscription Period, in order not be charged and not prolonging your Subscription for another Subscription Period. Termination can also be made via eMags’s support or email. eMags requires a reasonable amount of time to process your request and it may take up to three (3) business days before your termination is registered. See section 6 below for information regarding eMags’s support. For current support hours, see https://emagazines.zendesk.com.
eMags has the right to suspend your access to the Service for your breach of this Agreement, or any applicable law or regulation.
Your access to the Service may also be temporary suspended if the Fee cannot be charged for a reason beyond eMags’s control. When the Fee has been paid, your access to the Content in your Subscription will be reinstated.
eMags has the right to suspend your access to the Service for your breach of this Agreement, or any applicable law or regulation.
If you have any questions or problems with the Service, please contact eMags support service. Information regarding the different ways to contact the support is available on https://emagazines.zendesk.com. Any complaints are handled by the support team. The contact information is set out in section 20 below.
7 AMENDMENTS TO THE SERVICE, PRICE AND AGREEMENT
eMags strives to continually improve its Content and therefore reserves the right to update and/or change the number of issues available in an annual subscription. This may for example imply that Content which initially was available in your Subscription may no longer be made available or is deleted. eMags will not refund any balance of pre-paid subscriptions as a result of the above during a current Subscription Period, provided that the change does not cause unreasonable disadvantage for you.
eMags has the right to change the Fee for future Subscription Periods by giving written notice at least thirty (30) days before it takes effect, due to changes or increased costs for providing the Content. Notifications regarding such price changes are sent to you either in the Application and/or via the contact information provided by you when registering your User Account. You have the right to terminate your Subscription at any time and to withdraw from this Agreement with effect on the end of the Subscription Period which you have paid for. You will be asked to accept such change of the price by accepting the new price the next time you log on.
eMags may from time to time make changes to this Agreement provided that the changes are reasonable for you under consideration of the interest of you and eMags. In such case, you will be notified of such changes. Notification is sent to you, either in the Application or by the contact information provided by you when registering your User Account, at least thirty (30) days prior to the changes enter into effect. You always have a right to terminate this Agreement should you not agree to the changes made. The termination will be effective at the end of the current Subscription Period. When you are notified of any changes, eMags will remind you of this cancellation right. Upon any material changes to the Agreement, you will be asked to accept the new terms and conditions the next time you log on.
eMags may from time to time make changes to this Agreement provided that the changes are reasonable for you under consideration of the interest of you and eMags. In such case, you will be notified of such changes. Notification is sent to you, either in the Application or by the contact information provided by you when registering your User Account, at least thirty (30) days prior to the changes enter into effect. You always have a right to oppose to the changes if you do not agree to them. Upon any material changes to the Agreement, you will be asked to accept the new terms and conditions the next time you log on. If you do not accept the changes, they will not enter into force.
8 INTELLECTUAL PROPERTY RIGHTS
The content of the Service, including but not limited to text, graphics, logos, button icons, images, document, as well as the arrangement and compilations of these, all software used in the Service, and the Content, are the sole property of eMags, eMags’s licensors or suppliers (the “Intellectual Property”). The Intellectual Property is, or may be, protected by applicable international laws, including, without limitation, copyright and other laws and agreements that protect intellectual property and proprietary rights. You agree to comply with all such applicable laws and agreements, and not to alter, obscure or remove the notices regarding copyright or ownership rights in such Intellectual Property.
eMags is a trademark of Contrail Inc. in the United States. Other trademarks, names and logos on this Website, Service and Application are the property of their respective owners. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted or trademarked material is strictly prohibited without the express written consent of the copyright owner or licensor.
The software which is included in the Service and Application is licensed, and not sold, to you. By signing up for the Service you are given a personal, non-exclusive, non-transferable, non-assignable, non-sub-licensable right, which is limited in time, to use the software. eMags retains ownership of all copies of the software, even after the software has been installed on your Mobile Device. eMags has the right to assign this license or any part thereof to any third party without restrictions.
You may only use the Content for personal use and only make a few copies of the magazines in accordance with the applicable laws. Further statutory rights of reproduction (copies) under the mandatory copyright law remain unaffected. Unless otherwise stipulated in mandatory copyright law you do not have the right to change or amend the work that constitutes the Content, rent or lease, sell, sublicense or in any other way distribute the Content or created copies of the Content. eMags’s status (and that of any identified contributors) as the authors of the Content on the Website and/or Application must always be acknowledged.
9 TERMS FOR THE APPLICATIONS
You acknowledge and understand that eMags from time to time may issue updated versions of the Application and that eMags may perform automatic electronic updates of the version of the Application that you are currently using in your Mobile Device. You consent to all such automatic updates in your Mobile Device and that this Agreement applies to all such updates.
In accordance with section 8 above, you are only granted a limited license to the Application. eMags, eMags’s licensors and/or suppliers maintains ownership to the Application (and any copy of the Application). Standard fees for internet traffic may apply upon using the Application.
This section sets forth the additional terms and conditions that apply with respect to any Application that eMags provides to you designed for use on an Apple iOS-powered Mobile Devices which are downloaded via App Store (” eMags iOS App”):
- You acknowledge that these terms are between you and eMags only, and not with Apple, Inc. (“Apple”).
- Your use of eMags iOS App must comply with Apple’s then-current App Store Terms of Service.
- eMags, and not Apple, is solely responsible for eMags’s iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to eMags’s iOS App or this Agreement.
- You agree that eMags, and not Apple, is responsible for addressing any claims by you or any third-party relating to eMags’s iOS App or your possession and/or use of eMags iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to eMags as provider of eMags iOS App.
- You agree that eMags, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to eMags iOS App or your possession and use of eMags’s iOS App.
- You agree to comply with all applicable third-party terms of agreement when using eMags’s iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as they relate to your license of eMags iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of eMags iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Application that eMags provides to you designed for use on an Android-powered mobile device (” eMags Android App”):
- You acknowledge that these terms are between you and eMags only, and not with Google, Inc. (“Google”).
- Your use of eMags’s Android App must comply with Google’s then-current Google Play’s Terms of Service.
- Google is only a provider of the Google Play where you obtained eMags’s Android App. eMags, and not Google, is solely responsible for eMags’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to eMags’s Android App or this Agreement.
- You acknowledge and agree that Google is a third-party beneficiary to the terms as they relate to eMags’s Android App.
10 PERSONAL DATA
The Service is usually available 24 hours per day, all days a week. However, eMags cannot guarantee that the use of the Service will be uninterrupted or faultless. The Service may from time to time be completely or partially unavailable upon carrying out necessary backup copying, maintenance, improvements, security updates or the like. eMags will, to the extent possible, inform you of any planned interruptions.
If you send or transmit any communications, comments, questions, suggestions, or related materials to eMags, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Website, Application or the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and eMags is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that eMags is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
13 NO WARRANTY
eMags endeavors to provide the best service possible, however, you agree that THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT PERMITTED BY LAW, eMags DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER, TABLET, SMART PHONE OR MOBILE DEVICE. NEITHER WE, OUR LICENSORS NOR THE SUPPLIERS CAN GUARANTEE, EXPRESSLY OR BY IMPLICATION, THAT THE SERVICE OR ITS CONTENTS (INCLUDING NEWSPAPERS, MAGAZINES AND BOOKS) WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS OR THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION, OR BE FAST, SECURE OR ERROR-FREE.
You are solely responsible for your internet connection. eMags is not at any time responsible for you not being able to download or otherwise access the Service or the Content. Content which is downloaded or otherwise obtained through the use of Service is available at your own risk and we are not responsible for any damage to your computer, smart phone, tablet or other device, or loss of data that occurs as a result of downloading or use of such material.
14 LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, eMags EXCLUDES ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICES OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
TO THE EXTENT PERMITTED BY LAW eMags IS NOT LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
- USE OF, OR INABILITY TO USE, eMags SERVICES; OR
- USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE WEBSITE.
EMAGS WILL NOT BE LIABLE FOR:
- INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE;
- LOSS OF PROFITS;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTA-TION; OR
- LOSS DUE TO DOWNTIME, LOSS OF DATA AND SIMILAR LOSSES.
EMAGS’S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE SUBSCRIPTION FEE YOU PAY TO US IN RELATION TO THE PART OF THE SERVICE WHICH HAS GIVEN RISE TO THE CLAIM OVER THE LAST 24 MONTHS.
15 THIRD PARTY LINKS AND RESOURCES IN APPLICATION AND WEBSITE
Where eMags’s Application and/or Website contains links to other sites and resources provided by third parties, these links are provided for your information only. eMags has no control over the contents of those sites or resources.
16 USERS ACCESS AND VIRUSES
You are responsible for configuring your information technology, computer and mobile device in order to access the Services, the Application and/or the Website. You should use your own virus protection software.
You must not misuse eMags Application or Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain access to eMags Application, Website, the server on which they are stored or any server, computer or database connected to them. You must not attack eMags Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable law. eMags will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use eMags Services will cease immediately.
17 TRANSFER OR ASSIGNMENT
eMags is entitled to transfer or assign all or parts of its rights and obligations under this Agreement. You are not entitled to transfer or assign any rights or obligations under this Agreement.
Notices. We may send you notice with respect to the Site by sending an email message to the email address you have provided when redeeming your Voucher or by posting a notice on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) the date we post the notice to the Site, or (ii) the date of transmittal if sent via email.
Severability. No Waiver. If any provisions of these Terms, either in whole or in part, is held to be illegal, invalid, void as against public policy, or unenforceable for any reason under present or future law, such provision shall be fully severable without effect on the remaining provisions, which shall continue in full force and effect and remain legal, valid, effective, and enforceable as if the illegal, invalid, void, or unenforceable provision(s) had never comprised a part of such provision or these Terms, as applicable. In lieu of the illegal, invalid, void, or unenforceable provision, there shall be added a provision as similar in terms and legal effect to the illegal, invalid, void, or unenforceable provision as may be possible and which may be legal, valid, effective and enforceable.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion
Arbitration. No Class Action. Unless otherwise required by applicable law, any controversy or claim arising out of or relating to the Site, Services, Terms or breach of Terms (each a “Dispute”) shall be settled exclusively by Arbitration administered by the American Arbitration Association (“AAA”) under its commercial arbitration rules, and where appropriate, the AAA’s supplementary procedures for consumer related disputes (“AAA Consumer Rules”) both of which are available at the AAA website at www.adr.org. You understand that absent this section you would have the right to sue in court and have a jury trial and are hereby waiving that right.
To begin an arbitration proceeding, you must send a letter requesting arbitration, including a description of your claim, to our registered agent. Either party may be able to recover attorney’s fees in arbitration as if the dispute were in court as available under applicable law. The arbitration will be conducted solely based on written submissions unless the arbitrator determines that a telephone or in-person hearing is necessary. A decision by the arbitrator (including all findings of fact and conclusions of law) shall be confidential unless otherwise required to be disclosed by law. A decision may also not be used in any litigation or arbitration involving any other person.
Notwithstanding anything to this contrary in this section, each of us may bring a suit in court where otherwise stated, including to enjoin, infringement, unauthorized access or improper use of computer networks, customer data, misappropriation or theft of intellectual property, or other violation of your obligations under Section 7 Intellectual Property, of these Terms.
All arbitration proceedings shall be individual arbitration. You expressly agree that no other claims may be joined with your claims. You further agree that you have voluntarily waived the right to file or join a lawsuit in state or federal court, a right to a jury trial, and the right to file or join a class action lawsuit, and expressly acknowledge that the parties reject class arbitration. Neither you nor we shall be entitled to join, sue on behalf of a putative class or consolidated claims, or arbitrate any claim as a representative or in a class action.
If any part of this Section of this Agreement, with the exception of the waiver of class action or class arbitration, is deemed invalid or unenforceable by any arbitrator or court, that provision shall be severed and the balance of this Agreement shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not included. If the class action or class arbitration waiver is found to unenforceable, then the entire arbitration provision shall be null and void.
The location of any dispute resolution, by arbitration or litigation, shall be in Chicago, IL in the United States. Similarly, any action to enforcement an arbitration award must be brought in the state courts of the State of Illinois located in Chicago, IL. You irrevocably consent to the jurisdiction of such courts.
Governing Law. The validity, construction, and interpretation of the Terms, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Illinois in the United States, excluding its conflicts of laws principles.
Contact. If you have any questions regarding these Terms, and/or the Site please contact eMags at firstname.lastname@example.org
18 CONTACT INFORMATION
40 E Chicago Ave., #429
Chicago, IL 60611
Last updated: 2020-09-05