TERMS OF USE

 

Effective Date: July 20, 2013

 

  1. 1.Acceptance of Terms of Service 

 

These Terms of Use (the “Agreement” or “Terms”) are an agreement between you and Musinart LLC (“Musinart”, “us”, “our” or “we”) and set forth the legally binding terms for your use of respect-mag.com, and any other websites owned by Musinart and successor websites (individually and collectively, the “Site(s)”), and other interactive properties, including but not limited to our mobile websites and applications (the Sites and other Musinart interactive properties are each referred to herein as a “Musinart Application” and collectively as the “Musinart Applications”).  These Terms apply to the services, software, and applications the Musinart Applications provide online and goods and services Musinart makes available offline (individually and collectively, the “Service(s)”).  By accessing the Musinart Applications or using the Services you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its Terms whether or not you become a subscriber to any Musinart goods or services. This Agreement governs the acceptable use of the Musinart Applications, the Services and content accessed through the Musinart Applications, and your rights, obligations and restrictions regarding your use of such Musinart Applications, Services and content.  Please see Musinart’s Privacy Policy found at http://respect-mag.com/privacy-policy/, which is incorporated into these Terms by reference, for more information about how we collect, use, and share information about our subscribers and visitors to our Musinart Applications.

 

Updates to Terms.  Musinart reserves the right to update or change these Terms at any time by posting the most current version of the Terms on Musinart Applications with a new Effective Date shown.  All such changes in the Terms shall be effective from the Effective Date. Your continued use of the Musinart Applications after we post any changes to the Terms signifies your agreement to any such changes.  If you do not agree to these Terms, you must discontinue using the Musinart Applications and/or Services.  Note that special terms or rules may apply to some services offered on the Musinart Applications, such as rules for particular promotions, applications or other features or activities.  Any such terms are in addition to these Terms.  In the event of any conflict or inconsistency between these Terms, our Privacy Policy, or any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Musinart Applications or otherwise communicated to users of the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination

 

Term.  This Agreement will remain in full force and effect while you use the Musinart Applications and Services.  Musinart can suspend or terminate your access to the Musinart Applications or Services, in whole or in part, at any time, immediately and without notice.  All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

 

Electronic Form/Communications.  By accessing the Musinart Applications or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically.  We may communicate with you by postal mail, e-mail or by posting notices on the applicable Musinart Application.  You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

  1. 2.Use of the Musinart Applications and Services 

Carrier Charges.  You are responsible to pay carrier data, messaging, and other fees resulting from accessing any Musinart Application.  Data and messaging (including SMS text messages) plans may be required to use mobile features of the Musinart Applications.  Standard data and messaging charges, fees, and taxes from your carrier may apply.

 

Personal Use.  The Musinart Applications, the content offered in its print and electronic publications (“Content”) and the Services offered are intended for your personal, non-commercial use in accordance with these Terms.  You agree that you will not, without our prior written consent in each instance: (i) copy, display or distribute any part of the Content or Musinart Applications, in any medium, or (ii) alter or modify any part of the Musinart Applications.  You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content or to manipulate the Musinart Applications or Services.

 

Permission to Reprint.  Requests to use the Content for any purpose other than as permitted in these Terms of Use should be directed to support@respect-mag.com.

 

No Interference.  You will take no action to interfere with, interrupt, destroy or limit the functionality of any Musinart Application, Services or any computer software or hardware or telecommunications equipment.  You may not use the Musinart Applications or Services in any manner that could damage, disable, overburden, or impair any Musinart server, or the network(s) connected to any Musinart server, or interfere with any other party’s use and enjoyment of any Musinart Applications or Services.  You may not attempt to gain unauthorized access to any Musinart Applications or Services, other accounts, computer systems or networks connected to any Musinart server or to any of the Musinart Applications or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Musinart Applications or Services.  You may not reverse engineer, decompile or disassemble any software accessed through Musinart Applications or Services, including any proprietary communications protocol used by Musinart.

 

Modification to Services.  Musinart has the right to modify the Musinart Applications, Services and Content at any time in its sole discretion.  Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Musinart in providing its products, services, Content or any Services is to cancel your subscriptions or stop using the Musinart Applications and/or Services as set forth herein.

 

Accurate Information.  For purposes of identification and billing, you agree to provide Musinart with accurate, complete, and updated information required when subscribing or making any other purchase, including your name, e-mail, delivery address, and applicable payment information (e.g., credit/debit card number, e-mail address, and expiration date) (collectively, “Billing Information”) and provide Musinart and its third party payment processor express authorization to charge said fees at the time of purchase or renewal.  Failure to comply with this provision (including without limitation falsification of any Billing Information) may, at Musinart’s option, result in immediate suspension or termination of your right to use the Musinart Applications and the Services.

 

Payment.  If you sign up for a subscription we will bill you for the term you select using the Billing Information you provide for the term of Services you select.  You agree to pay Musinart all charges at the prices then in effect for your use of the Services using the payment method from the choices accepted by Musinart, and any applicable taxes, and you authorize Musinart to charge the card you provide (your “Payment Card”) through your chosen Payment Card provider for the Services.  You agree to pay the monthly, annual or other term charges as set forth on any offer you accepted, applicable taxes, and other charges incurred on your account.  If the offer you accept includes an automatic renewal feature, at the end of each term you select, Musinart will automatically charge your Payment Card account for renewal of your subscription term.  The renewal charge will be the current renewal rates for the term of your subscription.  Musinart 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 Musinart cannot charge the Payment Card, we reserve the right to bill you or terminate your subscription(s).  All prices are in US Dollars and do not include internet service provider, telephone, and other connection charges.  Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.

 

Refund Policy.  If you purchase a print subscription and cancel during the term of subscription, Musinart will refund the remainder of your paid subscription on a pro-rata basis that will cover the unserved issues of your subscription.

 

Cancelation; Subscription Issues.  If you want to cancel your print subscription(s) or have another issue regarding your subscription, you can contact us by clicking here.

 

Payment Method.  The terms of your payment will be determined by agreements between you and the financial institution, credit/debit card issuer or other provider of your chosen Payment Card (the “Payment Card Provider”).  If Musinart does not receive payment from your Payment Card Provider, Musinart reserves the right to bill you and you agree to pay all amounts due on your account upon demand.

 

Security.  Musinart has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure.  However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.  You acknowledge that you provide your personal information at your own risk.

 

RSS Feeds

 

Musinart provides the RSS feeds for personal use only, and they may not be modified in any way (including the stripping of ads), posted on any website, or redistributed in any manner.  Musinart reserves the right to object to your use of the RSS feeds and the right to require you to cease using the RSS feeds at any time.  Musinart further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you.  Musinart provides this content “as is” and Musinart shall not be held liable for your use of the information or the feeds.  By accessing the RSS feeds, you indicate that you understand and agree to these terms and conditions.

 

Promotions, Contests and Sweepstakes.  You agree not to discuss the mechanics of sweepstakes, contests, or similar promotions available on or through the Musinart Applications and/or Services, or attempt to manipulate, corrupt or otherwise affect the outcome of, any such promotions, or post, upload, transmit, send, or otherwise make available on or through the Musinart Applications and/or the Services any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotion.

 

  1. 3.User Submissions 

 

Communication Services.  The Musinart Applications and/or Services may contain e-mail services, chat areas and/or other message, communication or other mechanisms designed to enable you to communicate with others or to post content on the Musinart Applications (the “Communication Services”).  All such communications, information and content, including the ideas contained in such materials, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, “Distribute”) is referred to as “User Content.”  You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the User Requirements set forth below, and, when applicable, is related to the particular Communication Service.

 

Removal.  Musinart has no obligation to monitor the User Content.  However, Musinart reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion.  Musinart specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services.  Musinart representatives may monitor your User Content on the Musinart Applications but we cannot monitor all of the User Content on the Musinart Applications and we do not attempt to do so.  If you encounter something you find objectionable and in violation of these Terms, you can report it to support@respect-mag.com.

 

Disclaimer of Endorsement.  You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Musinart, and such communications shall not be considered reviewed, screened or approved by Musinart.  User Content, including statements made in public forums, reflect only the views of their authors.  Musinart specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services.  Managers and hosts of Communications Services are not authorized Musinart spokespersons, and their views do not necessarily reflect those of Musinart.

 

License and Warranties.  By using the Communication Services and submitting User Content to the Musinart Applications, you grant to Musinart, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the Musinart Applications, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial or non-commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice.  You also grant each user of the Musinart Applications a non-exclusive license to access your User Content as permitted through the functionality of the Musinart Applications and under these Terms.  To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.

 

No Confidentiality.  You acknowledge and agree that your communications via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content.  You acknowledge that personal information that you communicate on the Communications Services may be seen and used by Musinart and others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on any Musinart Applications or Services.  Musinart is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.  All User Content must comply with the User Requirements.

 

User Requirements.  You agree that you may not access or use the Musinart Applications, the Services and/or related Communication Services, in order to:

 

• Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).

 

• Publish, post, upload, transmit, distribute or disseminate content that is illegal, harmful, abusive, threatening, vulgar, sexually explicit, defamatory, obscene, embarrassing, unwanted, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable or encourage others to do so.

• Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity.

 

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Musinart Applications or Services or other users’ computers.

 

• Except as expressly authorized by Musinart, advertise or offer to sell or buy any goods or services for any purpose.

 

• Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

 

• Collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited e-mails.

 

• Impersonate or create a false identity (such as a celebrity or Musinart representative) for the purpose of misleading others.

 

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Musinart Applications, Services or Communication Services or other user or usage information or any portion thereof.

 

• Improperly use support or complaint buttons or make false reports to Musinart administrators.

 

• Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.

 

• Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).

 

• Use the Services for fraudulent transactions.

 

• Sell, buy, or transfer access to your account.

 

• Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.

 

  1. 4.Proprietary Rights 

 

The Musinart Applications and Services and all material published on the Musinart Applications, including, but not limited to photographs, video, text, graphics, music, images, animations, audio, “applets” incorporated into the software, data, sounds, messages, comments, ratings, and other materials on the Musinart Applications (together “Content”) is owned by Musinart or its licensors and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights.  In addition, Musinart owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Musinart Applications.  All trademarks, service marks, trade names, and trade dress appearing on Musinart Applications (“Marks”) are proprietary to Musinart and/or our licensors or licensees.  You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Musinart Applications or the Services, in whole or in part, without Musinart’s prior written consent.  You may not download any Content, unless specifically and only to the extent permitted by Musinart from time to time.  You acknowledge that you do not acquire any ownership rights in any Content downloaded from Musinart Applications.  Copying or storing of Content for other than personal, non-commercial use is expressly prohibited without prior permission from us or the owner of the Content.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Musinart without Musinart’s prior written consent.  You may not use any meta tags or any other “hidden text” utilizing Musinart’s name or trademarks without the prior written consent of Musinart.  You may not use any Musinart logo or other proprietary graphic or trademark as part of the link without Musinart’s prior written consent.  If you engage in any uses not permitted by these Terms, all permissions or licenses granted by Musinart in these Terms shall automatically terminate.

 

No Other License Granted.  Except for allowing you to use the Musinart Applications and Services for your personal, non-commercial use as set forth in the paragraph above, when you use the Musinart Applications or Services, you are not receiving a license or any other rights from Musinart, including intellectual property or other proprietary rights of Musinart.  You understand that you have no rights to the Musinart Applications, the Content, the Marks or the Services or any other Musinart property except as we indicate in these Terms.

 

  1. 5.Digital Millennium Copyright Act (“DMCA”) Notice 

 

Musinart has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act.  Musinart has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.  Further, we reserve the right to terminate, discontinue, suspend and/or restrict the ability to visit and/or use the Service or remove, edit, erase or disable any User Content on the Musinart Applications which allegedly infringes another person’s copyright.  It is our policy to terminate the access of repeat offenders.  We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Musinart Applications or the Service.  If you believe any materials on the Musinart Applications or the Services infringe a copyright, you should provide us with written notice that at a minimum contains:

 

  1. 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;  

 

  1. 2.a description of the copyrighted work or other intellectual property that you claim has been infringed;  

 

  1. 3.a description of where the material that you claim is infringing is located on the applicable Musinart Application;  

  1. 4.your address, telephone number, and e-mail address;  

 

  1. 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 

 

  1. 6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

 

Musinart’s designated DMCA Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By mail:

 

Copyright Agent

Attn: Legal/DMCA Complaints

Musinart LLC

86 Chambers Street

Suite 701

New York, New York 10007

 

By e-mail: copyright@respect-mag.com

 

  1. 6.General 

Age Requirements.  You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Musinart Applications and Services in accordance with these Terms.  If we have any reason to believe you are not 18 or older we may terminate your access to the Musinart Applications and Services.

 

Links.  You may be able to access other websites or resources through links on the Musinart Applications.  Because Musinart has no control over such sites and resources, you acknowledge and agree Musinart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does Musinart endorse any such sites or the products or services accessible on such sites.  You further acknowledge and agree that Musinart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Third Party Opinions.  The Musinart Applications may contain views, opinions and statements of various third party individuals and organizations.  Musinart neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of the Musinart Applications.  It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or contents available through the Musinart Applications and to seek appropriate advice of professionals, as appropriate.

 

  1. 7.Legal Notices 

 

Disclaimer of Warranties.  MUSINART WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THE MUSINART APPLICATIONS AND/OR SERVICES AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THE MUSINART APPLICATIONS, WHICH ARE PROVIDED “AS IS.”  MUSINART MAY MAKE IMPROVEMENTS AND/OR CHANGES IN MUSINART APPLICATIONS AND SERVICES AT ANY TIME INCLUDING CHANGES TO THESE TERMS.  MUSINART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, LINKS OR OTHER ITEMS CONTAINED HEREIN.  MUSINART DOES NOT MAKE ANY REPRESENTATIONS THAT MUSINART APPLICATIONS, THE SERVICES OR THE CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT MUSINART APPLICATIONS AND SERVICES SHALL BE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS.  ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE MUSINART APPLICATIONS AND SERVICES, OR OBTAINED FROM A SITE TO WHICH THE MUSINART APPLICATIONS ARE LINKED, ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.  MUSINART DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE MUSINART APPLICATIONS OR A LINKED SITE.  OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL MUSINART BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE MUSINART APPLICATIONS, SERVICES OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE MUSINART APPLICATIONS, SERVICES OR A LINKED SITE.

 

Liability Limitation.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MUSINART OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE MUSINART APPLICATIONS OR THE SERVICES, EVEN IF MUSINART HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.  MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.  WE MAY CHANGE OR DELETE CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.  IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MUSINART’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $20. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

Indemnity/Release.  You understand that you are personally responsible for your behavior while on the Musinart Applications or using the Services and agree to indemnify and hold Musinart, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Musinart Applications or Services or your violation of any of these Terms, applicable law or the rights of any third party.

 

If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

Access to Services.  Musinart reserves the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur.  Musinart also reserves the right to change, modify, discontinue, suspend or abandon the Musinart Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.

 

Availability and Use Outside of the United States.  The Musinart Applications and Services are controlled from facilities in the United States.  Musinart makes no representations that the Musinart Applications or Services are appropriate or available for use in other locations.  Those who access or use the Musinart Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

No Third Party Beneficiaries.  You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

 

Governing Law/Disputes.  These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules.  Exclusive jurisdiction and venue in connection with any dispute between you and Musinart (“Dispute”) will rest, and you and Musinart each agree to submit to the exclusive jurisdiction of, the courts of the State of New York and the federal courts of the southern district, located in New York City, New York.  You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.  You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated, and you waive your right to trial by jury.  Any cause of action you may have with respect to Musinart, the Services, the content or the Musinart Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

 

Miscellaneous.  These Terms and policies incorporated herein, are the entire agreement between you and Musinart.  They supersede any and all prior or contemporaneous agreements between you and Musinart relating to your use of the Musinart Applications or the Services.  Musinart may assign these Terms, in whole or in part, at any time.  If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.  Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement.  The failure of Musinart to partially or fully exercise any rights or the waiver of Musinart of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Musinart or be deemed a waiver by Musinart of any subsequent breach by you of the same or any other term of these Terms.  The rights and remedies of Musinart under these Terms and any other applicable agreement between you and Musinart shall be cumulative, and the exercise of any such right or remedy shall not limit Musinart’s right to exercise any other right or remedy.

 

Contact Us.  If you have a question or issue relating to your Respect magazine subscription, such as wanting to change your mailing address, cancel a subscription or report a missing issue, please contact us by clicking here.  For other questions regarding these Terms of Use, you can write to us at support@respect-mag.com.