These Terms and Conditions govern the use of the website, applications, mobile downloads, platforms, services and Publications (our "Services"). Please read them carefully.
By using the Services you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Services. If you wish to buy and use our Services, you will be asked to give your express consent to these Terms and Conditions. The full name of our company is Pixel Mags, Inc. We are registered in Delaware, USA. Our office address is 4204 Riverwalk Parkway, Suite 380, Riverside, CA 92505, USA. You can contact us by writing to that address or by email to [email protected] or [email protected] We will not file a copy of these Terms and Conditions specifically in relation to each user or customer and, if we update these Terms and Conditions, the version to which you originally agreed may no longer be available on the website, applications or platform. For this reason, we recommend that users and customers print and file a copy of these Terms and Conditions for future reference. These Terms and Conditions are provided in the English language only.
PART A: TERMS AND CONDITIONS OF SALE
This Part A governs the sale and purchase of Services upon the Website or in the application.
(1) Eligibility to buy Services
You must be 13 years old or older to purchase Services, and must be situated in one of the permitted jurisdictions listed on the website or in the application.
(2) System requirements
Use of the Services requires a compatible device such an iPad, iPod touch or iPhone or similar device, internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and internet access, your ability to use the Services may be affected by the performance of these factors. You agree that such requirements are your responsibility.
(3) How to buy Services via the website or through the application
You may purchase the Services by following one of the purchase procedures described on the website or in the application, including the Apple app Store. You will have the opportunity to identify and correct input errors prior to ordering the Services. You agree to provide true, accurate, current and complete information about yourself when you register or order Services from us, and to promptly update such information to ensure that it remains true, accurate, current and complete.
(4) Description of Services
The Services may consist of: (a) access to one or more published issues of a Publication (in accordance with the EULA);and/or (b) a subscription allowing access to one or more published (or to be published) issues of a Publication (in accordance with the EULA).
(5) Charges and payments
The charges in respect of our Services will be as set out on the website or in the application from time to time. All subscription charges are stated inclusive of any applicable VAT or sales taxes. You must pay to us the charges in respect of Services, in cleared funds, in accordance with the instructions on the website or in the application, in advance of the provision of any Services. We may vary subscription charges from time to time by posting new charges on the website or in the application. However, such variations will not affect Services for which you have already paid.
(6) Access to the service
You will be able to access the Services following receipt of your payment in cleared funds. Where you have subscribed to the Services, the Services will continue to be provided for the relevant subscription period, subject to early termination in accordance with these Terms and Conditions.
(7) EU and other distance selling legislation
Consumers within the EU may have a right to cancel contracts for services entered into at a distance under applicable distance selling legislation. The right of cancellation usually commences upon the conclusion of the contract, and continues for a period of 7 working days beginning on the day after the day of the commencement of the contract. However, this cancellation right ceases where the performance of the contract begins with the consumer's agreement before the expiration of that period. You hereby acknowledge and agree that we will make available to you the Services immediately following the conclusion of a contract under these Terms and Conditions, and accordingly you will have no right to cancel such a contract under applicable distance selling legislation. Other jurisdictions may have right to cancel provisions. To the extent that they are applicable, we will comply with those rights in those jurisdictions.
(8) Use of Services and EULA
You must only use our Services in accordance with the terms of the EULA. In addition, Services purchased via the website or in an application may only be used in the permitted jurisdictions specified on the website or in an application.
PART B: EULA
This Part B governs the use of our Services, including where these are purchased through the website, in an application, or elsewhere.
(1) Acceptance of this EULA
By utilizing our Services, either through a website, an application, or otherwise, you agree to the terms of the EULA. If you do not agree to the terms of this EULA, you may not access our Services. If you purchase the Services via the website or in an application, you are agreeing to the terms of this EULA before making the purchase.
You may only use the Services for your own private and non-commercial purposes and in accordance with the provisions of this EULA. Subject to the payment by you of the relevant charges in respect of the Services and the other provisions of the EULA, we grant to you a non-exclusive non-transferable license to: (a) download, install and use the application on any Permitted Device;(b) download, install and view, on one (1) Permitted Device only, one (1) instance of each Publication that you have purchased or in respect of which you have purchased a subscription;(c) , to the extent then available, view each Publication that you have purchased, or in respect of which you have purchased a subscription, upon the website using the website's publication viewing functionality only or through an application;and (d) share each such Publication in accordance with the sharing rules set out in Section 3 below, in each case subject to the usage rules set out in Section 4 below. This license (including the sharing rules and usage rules) may be enforced by us using technological protection measures.
(3) Sharing rules
You may share a Publication with another person who has installed the application on a Permitted Device by means of the sharing function in the application. While the Publication is shared with another person, you will not have access to Publication. Sharing will continue until the sharing is cancelled by the sharer, or until the period of 30 days expires. If another person shares a Publication with you, you must only use that Publication in accordance with the terms of this EULA, providing that you will have no right to share the Publication. Sharing may be subject to such other limitations and technological protection measures as we may introduce from time to time, and the right to share may be terminated at any time without notice.
(4) Usage rules
You may not: (a) copy or reproduce the application or any Publication, other than in accordance with the license granted in Section 2; (b) supply, distribute, redistribute, publish or re-publish the application or any Publication, other than in accordance with the sharing rules set out in Section 3; (c) sell, resell, rent, lease or loan the application or any Publication;(d) modify, alter, adapt, translate or edit, or create derivative works of, the application or any Publication; (e) reverse engineer, decompile, disassemble the application or any Publication; (f) use the application or any Publication, other than in accordance any guidelines for use issued by us from time to time or; (g) circumvent or remove or attempt to circumvent or remove the technological measures applied to the application or any Publication for the purposes of preventing unauthorized use, providing that nothing in this Section 4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law. You will not access or attempt to access the Services by any means other than through the application or the website. Save as expressly permitted by the sharing rules, you must not permit any other person to use the application or any Publication or to exercise any of the other rights granted by us to you under this EULA. All intellectual property rights and other rights in the application and the Publications are reserved and will remain our property and the property of our licensors. Your use of the Services will be subject to any technical or contractual limitations imposed by Apple in relation to the Services.
You acknowledge that from time to time we may apply upgrades or bug fixes to the application, without giving you further notice or seeking any further consent. These Terms and Conditions will apply to such upgrades and bug fixes as if they were part of the original application.
(6) No support
You acknowledge that we do not undertake to provide any support in relation to the application or the use of the application.
(7) Accounts and security
As a user of the Services, you will be able to establish an account on the website or through an application. You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your account information to anyone else, or use anyone else's account. You are entirely responsible for all activities that occur on or through your account, and you agree to immediately notify us of any unauthorized use of your account or any other breach of security relating to your account. We shall not be responsible for any losses arising out of the unauthorized use of your account (subject to the first paragraph of Part D, Section 3).
(8) Warranties relating to the Services
We will use reasonable care and skill with respect to the provision of the Services to you. However, we do not make any other promises or warranties about the Services and in particular we do not warrant that: (a) your use of the Services will be uninterrupted or error-free;or (b) the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and, subject to the first paragraph of Part D, Section 3, we disclaim all liability relating thereto. You will be responsible for backing up your own system, including any application that is stored on your system. You understand that by using any of the Services, you may encounter content that may be explicit, offensive, indecent, or objectionable, which content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk and that, subject to the first paragraph of Part D, Section 3, we shall not have any liability to you for content that may be explicit, offensive, indecent, or objectionable.
(9) Export and legal restrictions
You may not use or otherwise export or re-export the application or any Publication except as authorized by United States law and other applicable laws. In particular, the application and Publications may not be exported or re-exported (a) into any U.S. 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 Denied Person's List or Entity List. By using the application and Publications, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the application or Publications for any purposes prohibited by United States law or other applicable law.
(10) Termination of EULA
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may terminate the EULA immediately by sending to you written notice of termination (which may be given by electronic transmission). Where we terminate a EULA for this reason, we will not refund to you the charges or any element of the charges you have paid. We may also terminate the EULA in respect of a Publication by immediate written notice where we lose (for whatever reason) the contractual right to continue to distribute the relevant Publication. Where we terminate a EULA on this basis, we will refund to you all subscription charges paid by you to us in respect of any Publications that you had not received as the date of termination (which amount will be calculated by us using any reasonable methodology), or we may provide equivalent value to you by means of access by you to other publications chosen in our reasonable discretion.
(11) Apple-Required Provisions
As required by Apple, the following terms and provisions apply to any usages by or through the Apple app store, to which you agree: (a) You acknowledge that we (and not Apple), are solely responsible for our application and its contents; (b) Any license to use granted herein is a non-transferable license to use our application on an iPhone, iTouch or iPad OS product or other authorized device that you own or control and is subject to the usage rules set for in the Apple app Store terms of service; (c) We (and not Apple) are solely responsible for any maintenance and support services (if any) with respect to our application set forth in this EULA or as required by applicable law; (d) To the extent that there are any product warranties, express or implied by law, we (and not Apple) are solely responsible for them. In the event of any failure of the application to conform to any warranty specifically granted herein or by applicable law, you may notify Apple, and Apple may refund the portion of the purchase price applicable to such failure, which refund will satisfy any obligations whatsoever from Apple to you, to the extent permitted by law, including any obligations for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty; (e) To the extent that there is any responsibility to address any of your claims relating to our Application or your possession and/or use of our Application, or claims of third parties, we (and not Apple) are responsible to address such claims. Such potential claims may include, but are not limited to: (i) product liability claims; (ii) any claim that our application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) In the event of any third party claim that the application or your possession and use of the application infringes that third party's intellectual property rights, we (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (g) You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (h) You must comply with applicable third party terms of agreement when using our application; (i) You acknowledge that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you and against any third-party beneficiary of yours. None of the provisions of this Part B(11) will expand any rights that you may have against us, and all rights of indemnity, claims, losses, liabilities, damages, costs, expenses or other claims are subject to applicable law, and to limitations set forth in these Terms and Conditions, including, but not limited to, the terms and limitations set forth in Part D of these Terms and Conditions.