These terms (“Terms of Service”) govern your use of this web site located at www.harris-pub.com (the “Site”) or applications provided to you by Harris Publications, Inc. or its subsidiaries or affiliates (“Harris Publications,” “we,” “us,” or “our”) and any content, features or functionality made available from or through this Site or applications (collectively, the “Service”). Your access and use of the Service is subject to these Terms of Service and all applicable laws. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION, THESE TERMS OF SERVICE. If you do not agree to these Terms of Service, you may not access or otherwise use the Service.
Important Safety Information and Disclaimer. There may be products represented on this Service, for e.g., guns and other weapons, whose sale, possession or interstate transportation may be restricted, prohibited or subject to special licensing requirements. Users should read and understand the laws and regulations in their geographic area and/or consult law enforcement agents for information and guidance. The information and reviews on this Service are based on the personal experience of individuals who may be using or testing products, equipment and tools under conditions that may not be explicitly reported or that this Service has not separately verified. Harris Publications disclaims all warranty as to the accuracy or reliability of any information provided on this Service. No information on this Service is intended to or does serve as an instruction for the use of any product or the carrying out of any procedure. Users should carefully review and understand all applicable manufacturers’ instructions and legal requirements prior to handling any gun, ammunition or weapon, and users should carefully follow all safety instructions and other warnings intended to prevent personal injury and property damage. Please be advised that failure to follow all safety protocols may result in serious harm to the users and others.
Proprietary Rights: As between you and Harris Publications, Harris Publications is the sole and exclusive owner of all rights, title and interest in and to, all parts of the Service, including all text, photographs, illustrations, software, graphics, video, designs and all copyrights, trademarks, service marks, trade names, logos, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Service and other intellectual property or proprietary rights contained therein. Some materials on the Service may belong to third parties that Harris Publications is authorized to use and display. You may access and view the content on the Service on your computer or other device for your personal, non-commercial use only. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of Harris Publications. None of the material contained on the Service may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Harris Publications. Except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms of Service are reserved by Harris Publications.
Applications: Subject to the terms of this Agreement, Harris Publications grants you a non-transferable, non-exclusive, license to install and use the software Harris Publications makes available for mobile devices (“Apps”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. For the avoidance of doubt, Apps are deemed part of the Service. You acknowledge and agree that the availability of the Apps is dependent on the third party from which you receive the App, e.g., the Apple iPhone store (“Application Store”). You acknowledge that this Agreement is between you and Harris Publications and not with the Application Store. Each Application Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable terms and conditions of the applicable Application Store. You are responsible to pay carrier data, messaging, and other fees resulting from accessing any Apps.
Additional terms for users of Apple devices
If you have downloaded any Apps via the iTunes Store, the following shall apply: You acknowledge and agree that these Terms of Service are solely between you and us, not Apple, and that Apple has no responsibility for the Services. Your use of the Apps must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Apps to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of the Apps including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software 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 this Terms of Service and any law applicable to us as provider of the Apps. You acknowledge that, in the event of any third party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Terms of Service. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Apps, and that, upon your acceptance of the terms and conditions of this Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Service as relates to your license of the Apps against you as a third party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
Registration and Passwords: In order to access certain services on the Service, you will be required to provide specific information and/or register for an account. All information you provide must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use (authorized or unauthorized) under such access codes or passwords. We may suspend or terminate your access at any time with or without notice.
Authorized Use of Service: This Service is provided for your personal use only and is not intended for persons under the age of 18. Any other use of the Service requires the prior written consent of Harris Publications. We may modify or discontinue the Service, with or without notice to you, and we will not be liable to you or any third party as a result of such modification or discontinuation.
Unauthorized Use of Service: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service.
Certain pages on the Service may allow you to post or submit videos, audio, photographs, text, or other content (“Content”). You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Harris Publications. You may not post or distribute Content that is illegal or that violates these Terms of Service. By posting or distributing Content to the Service, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Service and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By submitting or posting Content to the Service, you grant Harris Publications the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Service, Harris Publications does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Harris Publications owns all right, title, and interest in any compilation, collective work, or other derivative work created by Harris Publications using or incorporating Content posted to the Service. You are solely responsible for anything you may post on the Service and the consequences of posting anything on the Service.
Acceptable Use Policy: The following are illustrative lists of the types of Content and conduct that are illegal or prohibited on the Service.
You agree not to post, submit, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
- that contains your own or a third party’s advertising, branding or promotional content;
- that is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- that restricts or inhibits any other user from using and enjoying the Site or Service;
- that is a “cut and paste” of private communication (including private messages) from other users;
- that re-broadcasts any Content that otherwise violates these Terms of Service; or
- that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to use the Service to:
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Site and Service including via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service;
- attempt to gain unauthorized access to the Service, other computer systems or networks connected to or used together with the Service, through password mining or other means;
- tamper with any copyright protection mechanisms applicable to content on the Service;
- introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Service (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- to automate what are otherwise manual or one-off procedures; and
- to frame portions of the Service within another web site. You may not resell use of, or access to, the Service to any third party without our prior written consent.
We reserve the right (but have no obligation) to review any Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms of Service or otherwise create liability for us or any other person. Such acts may include removing or modifying your Content, terminating your registration, and/or reporting you to law enforcement authorities. If we elect to modify your Content, we nonetheless assume no responsibility for the Content.
Disclaimer of Liability for Content. You are solely responsible for any and all of your Content. Because we do not control your Content, you acknowledge and agree that we are not responsible for any Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Content, and we assume no responsibility for any Content. Your interactions with other users are solely between you and such user. You agree that Harris Publications will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved. You acknowledge that other users may post comments about your Content which may be derogatory, and Harris Publications has no obligation to monitor or delete any such Content.
No Ideas Accepted: Harris Publications does not accept any unsolicited ideas from outside including without limitation suggestions about advertising, promotion or merchandising of our products, services, additions to our product/service lines, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Service and/or Harris Publications, you understand and acknowledge that such idea is not submitted in confidence and Harris Publications assumes no obligation, expressed or implied, by considering it. You further understand that Harris Publications shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Harris Publications. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Harris Publications an irrevocable, perpetual, worldwide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Links: This Service may contain links to third party web sites, services and advertisements for third parties (“Third Party Sites and Ads”). We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites. The Covered Sites might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Harris Publications and Harris Publications is not responsible for any Third Party Sites & Ads. Harris Publications provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
Paid Service: We reserve the right at any time to charge fees for access to portions of the Site or Service or the Site or Service as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
Purchases and Subscriptions: Certain sections of this Service may allow you to purchase different products and services (including digital products and services) that are provided by us or by third parties such as Apple iTunes, Google Play, Nook and Amazon Appstore (“Third Party Stores”) via links to such Third Party Stores. You may not, under any circumstances, use any products you purchase from or through the Service or any Third Party Stores for a commercial purpose.
Purchases of print editions made on the Service
You may purchase or subscribe to print editions of our products on the Service. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service, and to purchase services or products through the Service, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase products or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s information that personally identifies such third party (“Personally Identifiable Information”), you represent that you have obtained the express consent of such third party to provide such third party’s Personally Identifiable Information.
In addition, when you purchase products or services on or through the Service, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services that will be notified to you at the point of purchase. It is your responsibility to ascertain and comply with all applicable laws with regard to the receipt, possession and use of any item purchased from this Service. A purchase may not be fulfilled if you are located outside our authorized shipping area. Excluded territories may change at any time in our sole discretion.
- Processing and Payment
We will process your purchase as promptly as possible. There may be a delay in shipping your product while payment details are verified. For all online transactions, we accept major credit (Visa, MasterCard, Discover, and American Express) (“Payment Card(s)”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARDS USED BY YOU, OR ANY INFORMATION PROVIDED BY YOU IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of your purchase. We may require verification of information prior to the acknowledgment or completion of any purchase. We reserve the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your product or subscription will be terminated. Contact our Customer Care at email@example.com, 212.462.9525 if you believe your access was terminated in error.
One Time Purchases (including Back Issues):
When you make a one-time purchase of single or multiple copies we will charge your Payment Cards at the time of purchase. Available back issues can be purchased on the Site or by calling 212.462.9525. Prices may vary, and the availability of an issue may vary according to consumer demand. You will need to provide the name of the magazine, exact cover date of the issue(s), and the number of copies you wish to order.
If you sign up for a subscription we will bill you for the term you select using the billing information you provide. We will charge Payment Card at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue on a weekly, monthly, annual or other basis according to the cycle stated at the time of your order. You agree to pay the subscription charges, applicable taxes, and other charges incurred on your account.
Harris Publications 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 Harris Publications cannot charge the Payment Card, we reserve the right to bill you or terminate your subscription(s). All prices are in U.S. Dollars and do not include Internet service provider, telephone, and other connection charges. If your Payment Card expires or is otherwise invalid, we reserve the right to terminate your subscription or order for a product. Regardless of whether we decide to terminate or not, you will remain responsible for all charges incurred on your account. You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
- Cancellation and Refund Policy:
Magazines received as part of your subscription, cannot be returned. However, you may cancel your subscription by calling us at 212.462.9525 or emailing firstname.lastname@example.org. For purchases of print copies made on the Service, if you cancel during the term of subscription, Harris Publications will refund you for the remaining copies that have not been mailed at the time of cancellation on a pro-rata basis. Magazines (including back issues) purchased as part of a one-time purchase may be returned for a refund in full if returned post-paid, in an unused condition within 30 (thirty) days of the date of purchase. We do not take title of and are not bound to issue a refund until the magazine is returned to the address designated by us for returns. You are fully responsible for any damage to or loss of the magazine during transit.
- Change in Fees and Taxes:
We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. If you are shipping to a state imposing sales tax, the appropriate charges will be added to your order total and displayed on your final order confirmation.
- Promotional offers:
We may occasionally run promotional offers. The specific terms of each promotional offer are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined. You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, you will automatically be signed up for the related subscription or purchase that will begin at the end of the promotional period. We will not notify you in advance that the promotion is about to end. To cancel and avoid being charged, you must notify us before the promotion ends.
Purchases made on a Third Party Store
You may purchase or subscribe to digital editions of our products on Third Party Stores. Such Third Party Stores may have privacy and data collection practices as well as subscription terms that are different from this Service. Harris Publications has no responsibility or liability for these independent policies. For more information regarding a Third Party Store, its privacy policies, and/or any additional terms and conditions that may apply, visit that Third Party Store’s web site and click on its information links or contact the Third Party Store directly. Your subscription may not include access to all areas of the digital product, and you may have to pay additional fees to fully access those products. These additional charges will be clearly stated. Additionally, when you use your digital product purchased from a Third Party Store, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges. Third Party Stores may allow you to choose subscription terms with an automatic renewal feature. If you pick the automatic renewal feature, at the end of each term you select, you will be automatically charged for renewal of your subscription term. Third Party Stores will also have their own cancellation and refund policies and you are advised to read those policies prior to making any purchase on a Third Party Store. You release Harris Publications and its affiliates from any damages that you incur, and agree not to assert any claims against Harris Publications or any of its affiliates, arising from your purchase or use of any products or services made available by Third Party Stores. When you cancel a digital subscription, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Magazine Descriptions and Pricing: We describe our products and include pictures and photographs on our Service, but sometimes the product may vary from the picture or description we are not liable for any non-material variations. All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Service are subject to change at any time without notice. The inclusion of any products on this Service at a particular time does not guarantee that such products will be available.
In addition, the Service may include inaccuracies or errors including pricing errors. Harris Publications reserves the right to correct any pricing errors on the Service and/or pending orders made under an incorrect price. In such event, if available, Harris Publications will offer you the opportunity to keep your pending order at the correct price or Harris Publications will cancel your order without penalty.
General Disclaimer of Warranties: THE SERVICE, ITS CONTENTS AND ALL TEXT, IMAGES, PRODUCTS (INCLUDING MAGAZINE(S) AND MAGAZINE SUBSCRIPTIONS), ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, HARRIS PUBLICATIONS DOES NOT REPRESENT OR WARRANT THAT: (I) THE INFORMATION AVAILABLE ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE, CURRENT OR FREE OF ERRORS; (II) THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF HARRIS PUBLICATIONS INC., ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE (THE “RELEASED PARTIES”) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (INCLUDING PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) RESULTING FROM YOUR USE OF THE SERVICE AND/OR THE DIGITAL AND THE PRODUCTS AND SERVICES (INCLUDING THE DIGITAL AND PRINT MAGAZINES) PROVIDED BY THE RELEASED PARTIES IN CONNECTION WITH YOUR ORDER, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE RELEASED PARTIES IN CONNECTION WITH THE APPLICABLE PRODUCTS (INCLUDING MAGAZINES), SERVICE, OR PROMOTION GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE COMPANY. ADDITIONALLY, IN NO EVENT SHALL HARRIS PUBLICATIONS BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SERVICE, ITS CONTENTS AND ALL TEXT, IMAGES, PRODUCTS (INCLUDING MAGAZINES), ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE, EVEN IF HARRIS PUBLICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Service. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you (if any, for accessing this Service, or purchasing any products) in the three (3) months preceding the date on which we are found to be liable to you.
Contests and Sweepstakes: We may, from time to time, sponsor Contests and/or Sweepstakes (“Promotions”). The Promotions will be governed by these Terms of Service, while each individual Promotion will prominently feature additional rules (including but not limited to run-period, eligibility requirements, entry locations, prizes, etc.) (“Official Rules”). By participating in the Promotions, each entrant agrees to be bound by these Terms of Service and the Official Rules and by the decisions of Harris Publications, which shall be final and binding on all matters pertaining to the Promotions. The Promotions shall be subject to all federal, state and local laws and regulations and shall be void where prohibited by law.
Changes: All information posted on the Service is subject to change without notice. In addition, these Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Service. You should check the Service for such changes frequently. Your continued access of the Service after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold harmless Harris Publications, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, your use of the Service, including but not limited to, any breach by you of any of these Terms of Service.
Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies: The failure of Harris Publications to partially or fully exercise any rights or the waiver of Harris Publications of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Harris Publications or be deemed a waiver by Harris Publications of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of Harris Publications under these Terms of Service and any other applicable agreement between you and Harris Publications shall be cumulative, and the exercise of any such right or remedy shall not limit Harris Publications’s right to exercise any other right or remedy.
Digital Millennium Copyright Act (“DMCA”) Notice: Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Copyright Claims c/o Legal Department
1115 Broadway, 8th Floor
New York, NY 10010
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Survival: The provisions “General Disclaimer of Warranties,” “Choice of Law, Arbitration, Class Action Waiver,” “Indemnification” and “Proprietary Rights” will survive the termination of these Terms of Service.
International Access: Our Service is provided from the U.S.A. and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Governing Law and Venue; Class Action Waiver (Important – Please Review as This Affects Your Legal Rights).
The laws of the State of New York shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.
Waiver of Right to be a Plaintiff or Class Member in a Class Action.
YOU AND HARRIS PUBLICATIONS AGREE TO BRING ANY ACTION ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS OR COLLECTIVE ACTION. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY ACTION TO BE BROUGHT OR HEARD AS A CLASS OR COLLECTIVE ACTION (“CLASS ACTION WAIVER”).
Should you have any questions regarding these Terms of Service you may contact us at email@example.com
These Terms of Service are effective and were last updated on October 13, 2015.
All users agree to assume full liability for any injury, damage or other harm that may result from their actions taken in connection with this Service, and agree to release Harris Publications in full for all such liability.