USER AGREEMENT
This page describes the terms and conditions that govern your use of and relationship with Frederic Magazine (“Frederic”, “we”, “us” or “our”), including use of our website, fredericmagazine.com (the “Site”); and any Frederic products and/or services, whether now existing or which shall be in the future existing.
1. LEGAL NOTICE
Your purchase of any Frederic Magazine (each a “Magazine”), whether individual purchase or by subscription, and your use the Site, and the content contained therein or related thereto, and any other services offered by Frederic and our parents, subsidiaries, and other affiliates (collectively, “Frederic”, “we”, “our”, or “us”) is subject to the terms and conditions stated herein (this “Agreement”). By accessing this Site and/or using such content, you agree to be bound by each provision of this Agreement. This Agreement also governs your use of and purchase of the Magazine. Your purchase of any Magazine is subject to and constitutes express consent of this Agreement. No other agreement relating to the Site or our services will be effective and any attempt by you to create such an agreement between us shall be invalid. This Agreement may be changed by us at any time without notice to you and, therefore, it is your responsibility to abide by this Agreement each time you access the Site or purchase a Magazine or otherwise engage in any Services.
You understand and agree that by accessing the Site, creating an account thereon (an “Account”), purchasing a magazine, or otherwise using our services (described below), you are agreeing to enter into this Agreement with us (even if you are using our Services on behalf of a company). If you do not agree to this Agreement do not access the Site or otherwise use any of our Services. If you wish to terminate this Agreement, at any time you can do so by closing your account (if any) and no longer accessing or using our Services. You further agree to be bound to our Privacy Policy.
2. SERVICES AND LIMITATIONS
a. This Agreement applies to Frederic Magazine, fredericmagazine.com, and any of our apps (if any), and other Frederic-related sites, including our predecessors, parents, affiliates and partners, and their respective heirs, assigns, or agents, and all communications, networks, and other services that are offered in connection therewith, whether explicitly stated in this Agreement or otherwise (collectively, the “Services”), including the offsite collection of data for those Services.
b. We reserve the right to limit your use of the Services, the right to restrict, suspend, or terminate your Account, deny your purchase of any Magazine, or otherwise pursue our rights if you breach this Agreement, our Privacy Policy, or the law or are misusing the Services.
c. THIRD PARTY SITES: This site may contain links to sites owned or operated by parties other than Frederic or parents, subsidiaries, or affiliates. Such links are provided for your reference only. Frederic does not control outside sites and is not responsible for their content or operation. The inclusion of links to an outside site does not imply any endorsement of the material on that site (unless expressly disclosed otherwise), any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of such links imply that Frederic is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. You are prohibited from linking any other web site or other electronic medium to this site or any other site owned or operated by Frederic or our parents, subsidiaries, and affiliates without our express written permission.
d. The content of the Services, including the Site and Magazine, are intended for your personal, noncommercial use only. Any violation of this provision shall be a breach of this Agreement and we will pursue all rights and remedies at law or otherwise.
3. INTELLECTUAL PROPERTY RIGHTS:
a. The content of the Site, including all text, photographs and graphics, and its compilation are the property of Frederic, its affiliates, parents, subsidiaries, or associates, or its content suppliers, as well as any print content we may provide, including the Magazine in its entirety, and protected by U.S. and international copyright laws and may not be used except as set forth herein. Any designs, text, and any other content featured on the Site or in the Magazine are the sole and exclusive property of their respective copyright holders and/or are subject to copyright protection. You do not have the right, and agree not, to copy, reproduce, modify, adapt or otherwise use any designs in any manner, except as a purchaser and user of their respective products and then only in accordance with applicable law. All software used on this site is the property of Frederic or that of our software providers.
b. TRADEMARK NOTICE: SCHUMACHER®, PATTERSON FLYNN®, BACKDROP®, FREDERIC®, and PERFECT BASICS® are trademarks of F. Schumacher & Co. and may not be used in any way without our prior written permission. We vigorously enforce our rights in our trademarks and other intellectual property to the fullest extent permitted by law. All other trademarks not owned by F. Schumacher & Co. which appear on this site are the property of their respective owners.
c. Nothing in this Agreement or your use of the Site or the Services shall be deemed a license, right to use, or other consent for your use of any of our property.
4. PRIVACY: Your use of this web site is also subject to our Privacy Policy, which is set forth on the Site, and which is incorporated herein by reference. Please review the Privacy Policy thoroughly, as it describes the use of your Personal Information, communications, and other data. Your use of the Services and acceptance of this Agreement is express consent to the Privacy Policy.
5. PROHIBITED USE OF THE SERVICES:
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. Without our prior written consent, you shall not: (i) access any part of the Services, Content, data or information you do not have permission or authorization to access or for which we have revoked your access; (ii) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means; (iii) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services; (iv) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices); (v) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and (vi) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.
Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
6. TERMINATION:
a. Both you and Frederic may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services, including your Account.
b. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
c. The following shall survive termination:
i. Our rights to use and disclose your feedback;
ii. The terms of paragraphs 3, 5, 6, 7, 8, and 9;
iii. Any amounts owed by either party prior to termination remain owed after termination.
7. DISCLAIMER AND LIMITATION OF LIABILITY
a. No Warranty: ALL MATERIAL, INCLUDING THE TEXT, PICTURES AND STORE REFERENCES, ON THIS SITE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH MATERIAL, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS, AND ALL WARRANTIES WHICH MAY BE IMPLIED FROM COURSE OF CONDUCT OR COURSE OF DEALING. WE DO NOT REPRESENT THAT THE INFORMATION CONTAINED ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL PRICES AND PRODUCTS ARE SUBJECT TO CHANGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
b. Limitation of Liability: WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES DUE TO ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR ANY DELAY OR INABILITY TO USE THIS SITE EXPERIENCED BY YOU, OR DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THIS SITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF YOUR USE OF THIS SITE OR THE MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. USE OF THE SITE SHALL CONSTITUTE YOUR EXPRESS CONSENT TO THIS LIMITATION OF LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. INDEMNIFICATION: You agree to hold harmless and indemnify us and our representatives and affiliates, at your own expense, from any and all claims and actions brought against us or any third-party, and anything libelous or defamatory, or that otherwise causes damage to Frederic or a third-party, whether it be sole or in concert with others, which results from your use of the Site, the Services, or any violation of any of the terms of this Agreement, including without limitation, any violations of any intellectual property rights of others. We reserve the right to handle our own defense if we see fit to do so, including the selection of our own counsel, with our attorneys fees being paid by you.
9. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, 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.
10. MISCELLANEOUS:
The Agreement between us as set forth in this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles thereof. Any dispute between us arising out of or relating to your use of the Services, including your purchase of any of our products, shall be exclusively subject to the jurisdiction of the New York State and Federal courts sitting in New York County, New York, and by using this Site you hereby consent to such jurisdiction.
Severability. The determination that any provision of this Agreement is invalid or unenforceable shall not invalidate this Agreement, all of said provisions being inserted conditionally on their being considered legally valid and this Agreement shall be construed and performed in all respects as if any invalid or unenforceable provisions are omitted provided the primary purpose of this Agreement is not thereby impeded.
Non-waiver. Failure or neglect of either Party hereto in any instance to exercise any right, power or privilege hereunder or under law shall not constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either Party hereto must be contained in a written instrument signed by the Party to be charged.