These Terms of Service apply to the Joomag web site located at joomag.com, and all associated sites linked to joomag.com by Joomag, its subsidiaries and affiliates, (the “Site”) and related services, applications, domains and networks offered by Joomag, which is a platform for creating, distributing, monetizing and measuring publications on line as well as other add-on services, including, but not limited to, publications and active readers upgrades, custom domain linking, storage upgrades, and branded applications, collectively constitute the “Service(s)”. The Site and Services are owned and operated by Joomag, Inc. (referred to herein as “Joomag”, “we”, “us”, “our”) and its licensors. The Services provide you the capability to interact, order, subscribe to and receive the delivery of various magazines, books, news, catalogs, brochures, magazine and publication-related content (collectively known as "Publications") and to have these digital versions of the Publications delivered to you. Joomag reserves the right to immediately terminate your access to the Site or Services, if you do not comply with these Terms.
Creating an account with Joomag or otherwise using the Service will signify that you (“you”, “your” or “Customer”) have read, understood, and agree to be bound by these Terms, certify that you are at least 18 years of age and agree to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and Joomag. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF JOOMAG, SO PLEASE READ THESE TERMS IN THEIR ENTIRETY.
Depending on which Service you use, additional terms and policies (including rules, guidelines and other similarly named documents) presented with those Services may apply (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. We refer to the combination of these Terms of Service and any applicable Additional Terms collectively as these “Terms”.
BY REGISTERING AT JOOMAG OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE JOOMAG SERVICE, YOU CONSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
“Account” is defined as any accounts or instances created by or on behalf of Customer or its Agents within the Services.
“Agent” is defined as an individual authorized to use a Service through your Account as an agent and/or administrator as identified through a unique login.
“Applicable Data Protection Law” means the following data protection law(s): (i) where you (acting as data controller or data processor) are established in an European Economic Area (“EEA”) member state or where your Agents or End-Users access the Services from an European Economic Area (“EEA”) member state: (a) prior to May 25, 2018, the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, entitled “On the protection of individuals with regard to the processing of personal data, and on the free movement of such data.” (as implemented into the relevant national laws of the member state in which you are established), and (b) on and after May 25, 2018, the EU Regulation 2016/679 (and any applicable national laws made under it); and (ii) where you are established in Switzerland, the Swiss Federal Act of 19 June 1992 on Data Protection (as may be amended or superseded).
“Confidential Information” is defined as all information disclosed by you to Joomag or by Joomag to you which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to, information relating to Joomag’s security policies and procedures. For purposes of this Terms, this Terms as well as Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of this Terms or another valid agreement between the parties; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
“Digital Content” as used herein means all the materials that you upload to Joomag such as PDF files, SVG and SWF files, video and audio files, images and photos, fonts and other related materials, as well as all materials that you create using Joomag’s online editing tools, such as Crater Editor and Enhancer.
“Digital Magazine Subscriptions” is defined as the digital publishing service offered to you by Joomag whereby you authorize Joomag to sell, distribute and promote your Digital Content.
“Digital Magazine” as used herein means the collection of your Digital Content which Joomag adapts, compiles and modifies into its proprietary format, to be distributed to the End-User.
“End-User” is defined as the end-user who has access to your Digital Magazine, either on a paid subscription basis or provided free or private basis.
“Materials” is defined as the visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Joomag Service.
“Premium Plan Subscriptions” is defined as the digital publishing services offered to you by Joomag for a recurring fee.
“Personal Data” is defined as any information relating to an identified or identifiable natural person where an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity.
“Service Data” is defined as electronic data, text, messages, communications, Digital Content or other materials submitted to and stored within a Service by you, Agents and End-Users in connection with your use of such Service, which may include, without limitation, Personal Data.
“Third Party Content” as used herein means the digital content such as PDF files and Word documents, images, photos and other multi-media files provided by third party users of the Joomag Service.
If you have been issued an account by Joomag in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You are responsible for all activity occurring in your account whether or not you authorized that activity (excluding activity that Joomag is directly responsible for which is not performed in accordance with the Customer’s instructions). If you become aware of any unauthorized access to your account, you should notify Joomag immediately. Accounts may not be shared and may only be used by one individual per account except as described in Section 1.4 and 1.5 below.
Joomag occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
Joomag may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
Several Premium Plan Subscriptions allow you to add users to your Account and specify roles for them, such as Editor, Content Writer, etc. You may invite a person to join your Account through the Admin Console. Upon acceptance of an invitation, the person will receive access to your Account based on the role specified.
If you are using or opening this account with Joomag on behalf of a company, entity, or organization including your subsidiaries and affiliates (collectively, a “Subscribing Organization”) then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to lawfully bind such organization to these Terms; and agree to these Terms on behalf of such Subscribing Organization
You agree to pay to Joomag any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Some of our Services are billed on a subscription basis (referred to here as “Premium Plan Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are defined in your Order Form or can be found in the account management, in case you have an active subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, by contacting our customer support team, or in case if you pay using PayPal, canceling from PayPal directly. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle. Once your Premium Plan Subscriptions end, you’ll lose all the Services which were associated with them.
Unless otherwise stated, you are responsible for any taxes (other than Joomag’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Joomag for the Services without any reduction for Taxes. If Joomag is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Joomag with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. Joomag will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from Joomag Germany for business reasons, or are located in a different European Union member state from Joomag Germany. If you are required by law to withhold any Taxes from your payments to Joomag, you must provide Joomag with an official tax receipt or other appropriate documentation to support such payments.
Joomag may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Joomag will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
Joomag also provides a platform for the sale of subscriptions and individual issues of digital magazines (such Services collectively referred to herein as “Digital Magazine Subscriptions”) and the following rules and restrictions apply:
You are solely responsible for setting the price of the Digital Magazine. Once a Digital Magazine is purchased by an End-User, you may not remove it from the Service.
Joomag may display Digital Magazines for sale in several currencies, which are converted to U.S. Dollars at the time of transaction. However, Customer will be paid in the respective currency based on his/her region.
Joomag will handle the administration of Digital Magazine Subscriptions sales and will process payment by Readers and will transfer Earnings (as defined below) from such sales to you on a monthly basis. Joomag will charge you a commission of up to fifty percent (50%) (“Commission”) of the selling price of the applicable Digital Magazine. The Commission is based on the Premium Plan Subscription you currently have. Included in this Commission are all the payment processor and exchange rate conversion charges.
If the purchaser of the Digital Magazine is located in a region which charges sales tax or value added taxes for such Digital Magazines, Joomag may add sales tax and VAT to the sale price of such Digital Magazine. You will be responsible for all other taxes, including taxes on your net income, corporate franchise taxes and the like.
Joomag will be responsible for all customer service issues, including technical, sales and billing questions/issues related to Digital Magazine Subscriptions with End-Users. In case of fraud or return requests from Readers, Joomag will process refunds for those Readers. You will not receive Earnings on orders which refunds are issued.
Subject to the express permissions of this Terms, both Joomag and you will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to this Terms, each party may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under this Terms and shall disclose such Confidential Information (a) solely to the employees and/or non-employee service providers and contractors who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information; (b) as necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction; or (c) as reasonably necessary to comply with any applicable law or regulation. The provisions of this Section 4.1 shall supersede any non-disclosure agreement by and between the parties and such agreement shall have no further force or effect.
Joomag will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Service Data, as described in the Terms and our Security Practices. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Service Data by personnel except (a) to provide the Services and prevent or address service, support or technical problems; (b) as compelled by law in accordance with Sections 4.1(b) or 4.1(c); (c) in accordance with the provisions of Section 4.4; or (d) as you expressly permit in writing. Joomag’s compliance with the provisions of Sections 4.2 through 4.5 shall be deemed compliance with Joomag’s obligations to protect Service Data as set forth in the Terms.
To the extent Service Data constitutes Personal Data, you and Joomag hereby agree that you shall be deemed to be the data controller and the relevant entity in Joomag shall be deemed to be the data processor as those terms are understood under the Applicable Data Protection Law. Unless otherwise specifically agreed to by Joomag, Service Data may be hosted by Joomag or their respective authorized third-party service providers in the United States, the EEA or other locations around the world. In providing the Services, Joomag will engage entities within Joomag and other authorized service providers, to process Service Data, including and without limitation, any associated Personal Data pursuant to this Terms within the European Economic Area (the “EEA”), the United States and in other countries and territories. Under no circumstances will any entity of Joomag be deemed a data controller with respect to Service Data under Applicable Data Protection Law or any relevant law or regulation of any Member State as defined in Applicable Data Protection Law.
If Personal Data originates from an Agent or End-User in the EEA, we will ensure, pursuant to Applicable Data Protection Law that, to the extent that any Service Data constitutes Personal Data, if Service Data is transferred to a country or territory outside of the EEA (a “non-EEA country”), that such transfer will only take place if: (a) the non-EEA country in question ensures an adequate level of data protection; (b) one of the conditions listed in Article 26(1) of Directive 95/46/EC (or its equivalent under any successor legislation) is satisfied. Upon your request and subject to your entry into Joomag’s Data Processing Addendum (“DPA”) we will further ensure that the transfer is subject to the standard contractual clauses designed to facilitate transfers of Personal Data from the EEA to all third countries that have been adopted by the European Commission (known as the, “Model Clauses”), which have been incorporated into the DPA. As a Customer, you can execute our DPA by emailing your request to us at privacy@joomag.com.
You agree that the Joomag and the third-party service providers that are utilized by the Joomag to assist in providing the Services to you shall have the right to access your Account and to use, modify, reproduce, distribute, display and disclose Service Data to the extent necessary to provide the Services, including, without limitation, in response to your support requests. Any third-party service providers utilized by Joomag will only be given access to your Account and Service Data as is reasonably necessary to provide the Services and will be subject to (a) confidentiality obligations which are commercially reasonable and substantially consistent with the standards described in Section 4.2; and (b) their agreement to comply with the data transfer restrictions applicable to Personal Data as set forth in Section 4.4.
Whenever you, your Agents or End-Users interact with our Services, we automatically receive and record information on our server logs from the browser or device, which may include IP address, “cookie” information, the type of browser and/or device being used to access the Services. “Cookies” are identifiers we transfer to the browser or device of your Agents or End-Users that allow us to recognize Agent or End-User and their browser or device along with how our Services are being utilized. We use the collected information mainly for analytical purposes.
We receive and store any information that you knowingly provide to us. For example, through the registration process for our Services and/or through your Account Settings, we may collect Personal Data such as your name, email address, phone number, credit card information and third-party account credentials (for example, your log-in credentials for third party sites that integrate with the Services as further detailed in Section 4.9) of you and your Agents. In addition, we may communicate with you and your Agents. For example, we may send you and your Agents product announcements and promotional offers or contact you and your Agents about your use of the Services. If you or an Agent does not want to receive communications from us, please indicate this preference by sending an email to privacy@joomag.com and provide us with the name and email address of each Agent that no longer wishes to receive these communications.
We neither rent nor sell your Personal Data in personally identifiable form to anyone. However, we may share your Personal Data with third parties in the following ways:
Joomag may also obtain other information, including Personal Data, from third parties and combine that with information we collect through our Services such as in the case where you use a third party service or where we may have access to certain information from a third party social media or authentication service if you log into our Services through such service or otherwise provide us with access to information from such service. Any access that we may have to such information from a third party social or authentication service is in accordance with the authorization procedures determined by that service. By authorizing us to connect with a third party service, you authorize us to access and store Your name, email address(es), current city, profile picture URL, and other Personal Data that the third party service makes available to us, and to use and disclose it in accordance with this Terms and the Joomag Privacy Policy as in effect from time to time and available here.
You retain ownership of all of your intellectual property rights in your Content. Joomag does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
You hereby grant to Joomag a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, adapt, modify and reformat, distribute, and otherwise exploit your Digital Content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Digital Content through the Joomag Service. The foregoing license includes the right for Joomag to convert your Digital Content to Joomag’s proprietary format, or such other file formats as may be used by Joomag, and to display and make your Digital Content available, in whole or in part, on the Joomag Service in association with other content and advertising that may appear on the Joomag Service. The foregoing license granted by you terminates as to a specific Digital Content once you remove or delete such Digital Content from the Joomag Service or your Service is terminated.
You represent and warrant that your Digital Content does not and will not: (i) infringe, violate, or misappropriate 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 or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your Digital Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Joomag Service. Violators of these third-party rights may be subject to criminal and civil liability. Joomag reserves all rights and remedies against any users who violate these Terms.
Joomag has the right to use your names and logos for marketing or promotional purposes.
In addition, you warrant that you have the right to authorize Joomag to use the trademarks and logos of the
magazine brands for advertising and marketing purposes as part of providing the Services to you.
It is Joomag's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Joomag will promptly terminate without notice your access to the Joomag Service and remove your infringing Digital Content as reasonably determined by Joomag. For more information about submitting DMCA claims click here.
Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Joomag Inc. located at 75 E. Santa Clara St., Floor 6, San Jose, CA 95113, United States of America.
For customers in Germany, Liechtenstein, Austria and Switzerland, your Services are provided by Joomag Services GmbH, located at Bülowstraße 27, 81679 München, Deutschland.
For customers in Russian Federation, Belarus and Kazakhstan, your Services are provided by Joomag RU LLC, located at Dmitrovskoye highway, 163A, bld. 2, SK Plaza, Suite 24.2, 127495 Moscow, Russian Federation.
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use Joomag’s trademarks or other brand elements.
The Services display content provided by third parties which is not owned by Joomag. Such third party
content is
the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your
own
Content and you must ensure that you have all the rights and permissions needed to use that Content in
connection with the Services.
Joomag is not responsible for the accuracy, content, usefulness, or intellectual property rights of or
relating
to such Third Party Content. You further understand and acknowledge that you may be exposed to Third Party
Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby does
waive,
any legal or equitable rights or remedies you may have against Joomag with respect thereto. Joomag does not
endorse any Third Party Content or any opinion, recommendation or advice expressed therein, and Joomag
expressly
disclaims any and all liability in connection with Third Party Content. If notified by a content owner of
Third
Party Content that allegedly does not conform to these Terms, Joomag may investigate the allegation and
determine in its sole discretion whether to remove the Third Party Content, which it reserves the right to
do at
any time and without notice. For clarity, Joomag does not permit copyright infringing activities on the
Joomag
Service
You acknowledge that, in order to ensure compliance with legal obligations, Joomag may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Joomag otherwise has no obligation to monitor or review any content submitted to the Services.
Joomag may publish links in its Services to internet websites maintained by third parties. Joomag does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
You must use the Services in compliance with, and only as permitted by, applicable law.
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
Joomag may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes liability to us or disrupts others’ use of the Services. Joomag may also suspend providing the Services to you if we are investigating suspected misconduct by you. However, there may be time sensitive situations where Joomag may decide that we need to take immediate action without notice. Joomag has no obligation to retain your Content upon termination of the applicable Service and you agree that Joomag will not be liable to you or any third party for any such termination.
If Joomag stops providing the Services to you because you repeatedly or egregiously breach these Terms, Joomag may take measures to prevent the further use of the Services by you, including blocking your IP address.
Upon any termination of your account for any reason, any continued use of the Joomag Service is subject to
Joomag’s sole discretion.
For Digital Magazine Subscriptions: In the event of any termination, Joomag will retain all funds, which
accrue
in your account after the date of such termination. Upon termination of the account, Joomag shall remove all
your content including data, 30 days after the date of termination (excluding any magazines which were sold
prior to termination).
Joomag may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted on the Joomag website. Joomag may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. Your access or use of the Service subsequent to such an update will signify your assent to be bound by such changes. If you do not want to agree to any changes made to the Terms for a Service, you should stop using that Service.
Joomag constantly changes and improves the Services. Joomag may add, alter, or remove functionality from a Service at any time without prior notice. Joomag may also limit, suspend, or discontinue a Service at its discretion. If Joomag discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Joomag may remove Content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
You agree to indemnify and hold Joomag, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Joomag by any third party due to or arising out of or in connection with your use of the Service and the Site.
JOOMAG DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION
PROVIDED
ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. JOOMAG CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU
DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JOOMAG DISCLAIMS ALL
WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR
A
PARTICULAR PURPOSE. JOOMAG DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY JOOMAG SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JOOMAG FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION
OF
RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance,
error,
omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication
line
failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of
contract, tort, negligence or any other cause of action.
To the maximum extent permitted by law, in no event will Joomag be liable to you for any indirect,
consequential, exemplary, incidental or punitive damages, including lost profits, even if Joomag has been
advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, Joomag is found to be liable to you for any damage
or
loss which arises out of or is in any way connected with your use of the Site or any Content, Joomag’s
liability
shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to
any
Service or feature of or on the Site paid in the six months prior to the date of the initial claim made
against
Joomag, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing
limitation
may not apply to you.
Joomag reserves the right at all times to disclose any information that Joomag deems necessary to comply
with
any applicable law, regulation, legal process or governmental request. Joomag also may disclose your
information
when Joomag determines that applicable law requires or permits such disclosure. , and may also disclose such
data if required to do so by law or Joomag determines that such preservation or disclosure is reasonably
necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such
data
violates the rights of others, or (4) protect the rights, property or personal safety of Joomag, its
employees,
users of or visitors to the Site, and the public. You also agree that any violation by you of these Terms
will
constitute an unlawful and unfair business practice, and will cause irreparable harm to Joomag, for which
monetary damages would be inadequate, and you consent to Joomag obtaining any injunctive or equitable relief
that Joomag deems necessary or appropriate in such circumstances. These remedies are in addition to any
other
remedies Joomag may have at law or in equity.
If Joomag does take any legal action against you as a result of your violation of these Terms, Joomag will
be
entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action,
in
addition to any other relief granted to Joomag. You agree that Joomag will not be liable to you or to any
third
party for termination of your access to the Site as a result of any violation of these Terms.
Except for Services provided by Joomag Germany and Joomag Russia, you agree that all matters relating to
your access to or use of
the Site and Services, including all disputes, will be governed by the laws of the United States and by the
laws
of the State of California without regard to its conflicts of laws provisions. You agree to the personal
jurisdiction by and venue in the state and federal courts in Santa Clara County , California, and waive any
objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a
consumer based in the European Union. If you are a consumer based in the European Union, you may make a
claim in
the courts of the country where you reside. Any claim under these Terms of Use must be brought within one
(1)
year after the cause of action arises, or such claim or cause of action is barred. Claims made under the
separate terms and conditions of purchase for goods and services are not subject to this limitation. No
recovery
may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party
will
be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Joomag and you
arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good
faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time
(not
to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the
dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
For any Service provided by Joomag Germany, the following provisions will apply to any terms governing that
Service:
For any Service provided by Joomag Russia, the following provisions will apply to any terms governing that Service:
Joomag administers and operates the www.Joomag.com Site from its location in San Jose, California USA; other Joomag sites may be administered and operated from various locations outside the United States such as Joomag Germany and Joomag Russia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Joomag reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any content or any copy or adaptation of such content, or any product
or
service offered on the Site, in violation of any applicable laws or regulations, including without
limitation
United States export laws and regulations.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to
be
void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and
replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall
remain
in full force and effect. These Terms constitute the entire agreement between you and Joomag with regard to
your
use of the Site and the Services, and any and all other written or oral agreements or understandings
previously
existing between you and Joomag with respect to such use are hereby superseded and cancelled. Other than as
provided in a purchase agreement you enter into with Joomag, Joomag will not accept any counter-offers to
these
Terms, and all such offers are hereby categorically rejected. Joomag’s failure to insist on or enforce
strict
performance of these Terms shall not be construed as a waiver by Joomag of any provision or any right it has
to
enforce these Terms, nor shall any course of conduct between Joomag and you or any other party be deemed to
modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights
or
remedies on any third parties.
Any feedback you provide at this site shall be deemed to be non-confidential. Joomag shall be free to use
such
information on an unrestricted basis.
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
If you are located in one of the following locations, the following terms apply.
If you are a consumer (that is, you are not using Joomag Services primarily for business or professional
activities), who has signed up for a new, paid Joomag subscription and are located in Austria, Belgium,
Bulgaria, France, Ireland, Lithuania, Luxembourg, the Netherlands, Slovakia, Spain, UK, Hungary, Greece,
Italy,
Poland, Romania, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Portugal, Sweden, Latvia,
Malta,
Slovenia or Croatia, you have a right to cancel your subscription within 14 calendar days. If you exercise
this
right, we will refund the subscription fees you have paid and your account will be downgraded to a FREE
plan.
You must exercise this right of cancellation by sending a written notice of cancellation to billing@joomag.com
and providing the following details:
If you are a consumer (that is, you are not using Joomag Services primarily for business or professional activities), you may withdraw your contractual declaration within 14 days without giving reasons in text form (e.g. by mail, fax, email). The time period commences upon your receipt of this information notice in textual form, but not before the conclusion of your Subscription and also not before we have met our information requirements as set forth under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 of the Introductory Act to the German Civil Code and our information requirements under § 312 g paragraph 1, first sentence German Civil Code in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code. The declaration of withdrawal has to be emailed to support@joomag.com.
In the case of a valid withdrawal, the mutually received deliverables shall be returned and any benefits obtained, if any (e.g. interest), shall be handed over. To the extent that you are unable to return or, where applicable, to deliver up the received deliverable and benefits obtained (e.g. use and enjoyment) in whole or in part, or only in a deteriorated condition, you may have to compensate us accordingly for loss of value, if any. This may possibly lead to the result that you will nevertheless have to fulfill the contractually owed payment obligations for the time period until withdrawal. Any obligation to reimburse payments must be fulfilled within 30 days. The period for the payment of costs will begin, in your case, with the dispatch of your declaration of withdrawal and in our case, upon receipt of same.
Your right of withdrawal expires prematurely if the contractual relationship was fully discharged by both sides at your explicit request before you have exercised your right of withdrawal.
A failure to comply with these Terms must be material, repeated, or persistent before Joomag may exercise its right of termination under Section 9.1 (By Joomag).
Joomag is not obliged to create any specific works for you.
For EU Customers the following limitation of liability applies: Joomag’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) Joomag will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) Joomag shall not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The foregoing limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that Joomag has assumed a specific guarantee. The foregoing shall apply accordingly to Joomag’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.
If you have any questions regarding our Terms, please email us at legal@joomag.com
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