Thanks for visiting a Media in Motion LLC ("Company") website, including magcast.co, magcastapp.com, digitalpublishingblueprint.com or scrivcast.com (Collectively "Site" or "Sites").
Your access to and use of the Sites is governed by this Subscriber Agreement ("Agreement").
The Agreement below is the Agreement you consented to upon subscribing to the Sites and doesn't apply to use of the publicly available Sites maintained by Company.
1. Access and PasswordsAs part of the subscription process for the Sites, you've selected or been assigned a particular password in accordance with our password guidelines.
YOU AGREE THAT YOU'RE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITES USING YOUR EMAIL ADDRESS AND PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR EMAIL ADDRESS OR PASSWORD WITHOUT YOUR AUTHORITY.
You agree that all actions taken by you, or any other user that accesses the Sites using your email address and password, at or through the Sites will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Sites and any services available on it by you or others using your email address and password.
If you lose or forget your password, please click the "forgot your password" link on the login page of either of the Sites or contact us at: [email protected]
2. Subscription Fees and PaymentsYou can always find the current Subscription Fees posted on our site. Your subscription will continue and renew automatically, unless terminated by Company or until you notify Company by email or as designated on the Sites of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card account or other payment method designated during the registration process for the Sites or subsequently designated by you to Company, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.
You agree to pay or have paid all fees and charges incurred in connection with your account for the Sites (including any applicable taxes) at the rates in effect when the charges were incurred.
Except as specified during the initial 30-day period after your purchase, all fees and charges are nonrefundable.
Company may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your Site account will be billed to the credit card account or other payment method designated during the registration process for the Sites or subsequently designated by you to Company.
If you cancel your subscription, or miss any subscription payments, your Site account will be made inactive.
If you have any questions about this, please email [email protected] In the case of a MagCast purchase, your MagCast app will also be made inactive.
If applicable, you're solely responsible for any sales tax, use tax, VAT, GST or other consumption tax due for your license or subscription.
YOU, AND NOT Company, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
4. User ConductThe Site may contain or link to community, commenting, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others.
You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You're prohibited from submitting to, posting or transmitting through Company any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically derogatory, or otherwise objectionable material.
Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Company nor its affiliates, not any of their officers, directors, employees, or agents.
You acknowledge that Company doesn't screen all content and that Company and its designees shall have the right (but not the obligation) to refuse or move any content that is made available via the Communication Services. Company is not responsible for any content sent using and/or included in the Site by any third party.
5. Copyright and RestrictionsThe Sites contain proprietary material of Company (or material that other suppliers have licensed to Company for its use) which is protected by copyright, trademark, and other laws.
Company retains all rights in the material and media, including all copyright and other proprietary rights worldwide. You may not use MagCast except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the software licensed herein is prohibited.
End users who are duly authorized may access MagCast for individual use, i.e. may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print copies for personal use.
You acknowledge that the information (and the licensed materials contained therein) is proprietary and that unauthorized copying, transfer, or use may cause Company and/or MagCast suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Company and/or any of MagCast's suppliers, by means of equitable relief in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to:
- reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on these Sites in any manner that may infringe any copyright or proprietary interest of Company
- distribute the information contained in and/on these Sites to other users not duly authorized to Access the Sites
- distribute, rent, sublicense, lease, transfer or assign the information or Agreement
- decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on these Sites or any software contained therein
- alter, translate, modify, or adapt it to create derivative works.
You're expressly prohibited from placing or installing any portion of the information on any Internet-enabled service outside of the Communication Services expressly provided by Company without its written consent.
If you breach any provision of this Agreement, Company may terminate this Agreement with you and all licenses granted hereunder without notice and may seek other remedies.
Company grants a revocable license to users to create a single application ("App") and to publish the App on Apple Newsstand. Users can purchase additional licenses to create additional Apps.
6. Limitations on UseThe following activities are prohibited. You agree not to:
- Use Web-accelerated browsers or products (i.e. NetJet, NetSonic, MSIECrawler, Teleport-Pro, or other applications) capable of copying large portions of content from the Site. Company can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
- Use robots and crawlers (bot[s]), or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We can detect robots violating the guidelines and will ban offenders. If you're using a bot to check MagCast links, it must operate according to the robot guidelines (see above). Don't leave new robots unattended; allow a minimum of 15 seconds between automated requests.
- Use any device, software or routine or the like to interfere or attempt to interfere with any of the Sites functionality.
- Take any action that imposes an unreasonable or disproportionately large load on the Sites infrastructure.
- Use any email addresses appearing on the Sites for purposes not relating specifically to the Sites.
- Access the Sites by any means other than through the interface that is provided by Company or attempt or access any area of the Sites to which your access is not authorized.
- Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Sites, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of InformationThe Sites contain database information and other content compiled by Company. While we use commercially reasonable efforts to provide accurate information, Company gives no warranty as to the accuracy of the database and other content on the Site and reserves the right to withdraw or delete information or content from the Sites at any time.
8. Links to Third Party SitesCompany doesn't endorse the content on any third-party Web site, including Web sites of MagCast's affiliates ("Third-Party Sites"). Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites.
9. Modifications to the Service and PricesCompany reserves the right to modify or discontinue, temporarily or permanently, use of the MagCast Technology and Service (or any part thereof).
Prices of the MagCast Technology and Service are subject to change upon 30 days notice from Company.
Such notice may be provided at any time by posting the changes to the MagCast Web site or the MagCast Technology and Service itself.
Company shall not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of the MagCast Technology and Service.
10. Representations and WarrantiesYou represent and warrant to Company that:
- you possess the legal right and ability to enter into this Agreement
- all information submitted by you to the Sites is true and accurate
- you're responsible for all use of your usernames and passwords even if such use was conducted without your authority or permission
- you're at least 18 years old
- you won't use the Sites for any unlawful or prohibited purpose
11. Disclaimer of WarrantiesYou acknowledge that MagCast is a mere service provider and isn't responsible for any content, including Magazine, prepared by, used by, or offered through MagCast and made available on Apple Newsstand/App Store and/or Google Play.
All Magazine content you publish using MagCast is your responsibility and not Company's.
Your reliance upon any information through MagCast or made available via Apple Newsstand/App Store and/or Google Play is at your risk.
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY COMPANY ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
COMPANY MAKES NO WARRANTIES ABOUT THE:
- AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME
- ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE
- TRANSMISSIONS TO, FROM, OR WITHIN THE SITE
- LACK OF VIRUSES OR OTHER MALWARE
- COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS
- THAT THE SOFTWARE, CONTENT, OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
12. Limitation of DamagesIN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR LICENSE OR SUBSCRIPTION MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU'LL ONLY BE PERMITTED TO SEEK RELIEF ON AN INDIVIDUAL BASIS.
13. Earnings DisclaimerPlease see the Earnings Disclaimer.
14. Limitation of Liability; Exclusive RemedyIN NO EVENT WILL COMPANY BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY COMPANY FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
15. IndemnityYou agree to indemnify and hold us harmless and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in writing signed by an authorized representative of Company.
16. Consent to Electronic Notices and Other CommunicationsYou agree that all of your transactions relating to the Sites may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing".
For example, we may send you notices via postings at the Sites or via email to any email address that you provide to us during registration as a Site member. If you don't wish to deal with us electronically, you shouldn't use the Sites or enter into this Agreement.
If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we're notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
17. Print a Copy for Your RecordsYou may print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also may also make a copy of any other information that we deliver to you in writing.
18. TerminationCompany may terminate your subscription and/or access or suspend access to all or part of the Sites, without notice, for any conduct that Company believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Company. Company may also elect not to renew your subscription and access by providing a notice of non-renewal prior to the end of your current subscription term.
Applicable sections of this agreement will survive any termination or expiration of this Agreement.
MagCast retains ownership over the source code utilized in the MagCast publishing platform.
If your MagCast license is terminated for any reason you lose access to the App and no longer able to use MagCast to publish on Apple Newsstand / App Store and/or Google Play.
19. AssignmentYou agree not to assign your rights under this Agreement without the consent of an authorized representative of Company and any assignment without Company's consent will be voidable at Company's option.
This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
20. Applicable Law and DisputesThis Agreement is governed by the laws of the State of California without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate Company's intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Los Angeles, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Los Angeles, California, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
21. AmendmentsCompany may change the provisions of this Agreement. When Company changes the terms of this Agreement, Company will notify you by email or online postings on the Sites.
The changes will also appear in this document, which you can access any time. If you don't agree to be bound by the changes, you shouldn't use the Sites again and you should cancel your subscription to the Sites.
Even if you have not clicked on the "I Agree" button or checked the "I Agree" box when subscribing, if you use the Sites after you've been notified of a change to this Agreement, you're agreeing now to be bound by that change.
22. Entire Agreement; Severability; No WaiverThis Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Company except in a signed, non-electronic writing signed by an authorized representative of Company.
23. GeneralIf any provision of this Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Company or its affiliates as a result of this Agreement or your use of the Sites.