PROUDMAGAZINE.COM TERMS OF SERVICE/ACCEPTANCE
1. ACCEPTANCE OF TERMS
Proudmagazine.com (Proud) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice†
to you. You can review the most current version of the TOS at any time at: http://www.proudmagazine.com. Your use of the Site constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").
2. DESCRIPTION OF SERVICE
Proudmagazine.com provides users with access to its site and contents through its network of properties (the "Service"). The Service includes a full copy of the current proudmagazine.com site and special content features. Proud offers access to its content through and by subscription only. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Proud properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Proud assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service by subscribing through Proudís registration page and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the service.
3. MODIFICATIONS TO SERVICE
Proud reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Proud shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Proud may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Proud after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
Proud will charge you fees to become a subscriber. In order to use the Service or designated portions of the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Proud reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
In order to set up a subscription with Proud you must provide Proud with valid credit card information or a valid check. By submitting such credit card information, you give Proud permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. All Fees (other than renewal fees) will be charged at the time they are incurred.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to Proudís Service, you will select a subscriber ID (username) and a password. You will provide Proud with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our Edit Account page). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your Proud account including, but not limited to, use of the account by any person authorized by you to use your subscriber ID and password.
6. NON-TRANSFERABILITY OF SUBSCRIPTION
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.
7. SUBSCRIPTION RENEWAL AND CANCELLATION
Proud will automatically renew and charge your account upon every one-year anniversary of the date on which you subscribed depending on the subscription program that you chose during enrollment. You give permission to Proud to automatically charge your subscription fee to your credit card annually depending on your subscription program. However, you may "opt out" of this automatic renewal at any time by visiting your Edit My Account page here and indicating your preference. Or, at any time prior to the end of the applicable billing period you may give Proud notice by e-mail to firstname.lastname@example.org that you do not wish to renew your account. Also,
Proud will e-mail one and two year subscribers approximately one month before such a renewal and give them the opportunity to cancel their subscriptions. Proud will cancel your account upon receipt of such notification from you.
The renewal charge will be equal to your original sign-up price, unless you are otherwise notified in advance (electronically) by Proud.
You may cancel your subscription and receive a full refund if you make your cancellation and refund request to this e-mail address, email@example.com, within 30 calendar days from the day you signed up.
†You may cancel a monthly subscription at any time but will not receive a refund for your subscription fee.
8. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Proud shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
9. SPECIAL OFFERS
From time to time Proud may offer limited-time incentives that subscribers may choose to opt-in to receive as part of their subscription. These incentives may include, but are not limited to, free books, magazine subscriptions, music CDs, software, special discounts and various services. The following restrictions apply to these incentives:
- Cost considerations dictate that shipping must be restricted to addresses within the United States.
- Current subscribers to Proud are not eligible for these offers.
- †By choosing to receive these incentives as part of a subscription you forgo your right to a refund if you cancel your annual subscription within the first 30 days of your subscription period.
†Proud may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Proud has no control over such sites and resources, you acknowledge and agree that Proud 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, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Proud 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.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROUD EXPRESSLY DISCLAIMS 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.
b. PROUD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROUD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, OR OTHER INFORMATION CREATED BY PROUD OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT 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.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY PROUD AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROUD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
14. TRADEMARK INFORMATION
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Proud or by other parties that have licensed their material to Proud. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
Proud subscription Services, proudmagazine.com, PROUD Magazine, and other proudmagazine.com and PROUD logos and product and service names are trademarks of PROUD Magazine, proudmagazine.com and Status Symbol Publishing Co. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that Proud is a news and information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. Proud will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that Proudís content or trademarks are being misused please contact firstname.lastname@example.org as soon as possible.
The failure of Proud to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
†Please report any violations of the TOS to email@example.com.
You agree to indemnify, defend and hold Proud harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
19. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR
Any comments, materials, or letters sent by you to Proud regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. Proud shall have no obligation of any kind with respect to such Received Materials and Proud will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, Proud is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Proud for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
20. PRIVACY/ RESTRICTIONS ON USE:
You may not use Proud or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use Proud solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
22. ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service on http://www.proudmagazine.com constitutes the entire agreement between you and Proud and govern your use of the Service.
23. REFUSAL OR DISCONTINUANCE OF SERVICE:
Proud reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
24. CHOICE OF LAW AND FORUM:
This Agreement will be governed by the laws of the State of New Jersey. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of New Jersey and you agree to personal jurisdiction by the state and federal courts sitting in Flemington, New Jersey. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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