More simply put:

If you are using Readymag, you agree to our Terms Of Service and Privacy Policy. The users of our service must be above 16. If you are between 16 and 18, you need to get your parents' consent to use Readymag.

More simply put:

Readymag is an online graphics editor. Readymag allows you to create, view and share websites through our Services. As a user, you will be able to create websites, landing pages, portfolios, editorials, longreads, presentations and other similar web publications.

More simply put:

You can access our website at www.readymag.com and see projects created by our users without creating an account. Registering an account with us, however, enables you to create your own web projects.

More simply put:

Please be decent to others and do not break any laws when using Readymag. We reserve the right to terminate your account.

More simply put:

Any content you create with Readymag, or host and display on Readymag, belongs to you and is your sole responsibility.

More simply put:

We may share any project created with Readymag, unless it is protected with a password. You will be credited as the creator for any of your featured work.

More simply put:

When you display or host any Content on our Site, please be courteous to others, use common decency and do not break any laws. If you find any content that is offensive or may break the law on our Site, please let us know at support@readymag.com.

More simply put:

We enable users to sell goods via projects created with Readymag, but we ourselves don’t sell any goods and are not responsible for any goods sold by our users. We strictly prohibit Readymag users from selling illegal goods via their projects.

More simply put:

If you are a paid user, your payment information is processed by Stripe. Read the Terms of Service and Privacy Policy at Stripe to understand more about how it stores your payment information.

More simply put:

Readymag’s subscription fees are typically non-refundable. If you believe that you paid for a subscription by mistake, you may contact us within 24 hours after making the payment to claim a refund.

 

More simply put:

Unfortunately, no software is perfect, and we disclaim any liabilities in connection with Readymag. We also disclaim any liabilities resulting from user projects created with Readymag.

More simply put:

We are an online tool that enables users to create their own web projects, but we are not liable for the actions of any user. Everything we provide is “as-is,” but please contact us at support@readymag.com if you see anything that is unlawful or offensive to you.

More simply put:

If Readymag is sued because you breach this agreement (e.g., you’ve published a project that infringes someone else’s rights), you will also be responsible for all our related costs.

More simply put:

Our Site may contain links to third-party services. Please always read their terms of service and Privacy Policies. Every company does things differently.

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Freedom of speech enables the enlightenment of mankind, but we again request our users to exercise common decency and adhere to the law.

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If you suspect that your copyright is infringed, please use the guideline provided in paragraph 19 (Copyright Notices) of this agreement to notify us. We will promptly address your concern.

More simply put:

We hope to maintain a friendly relationship with all Readymag users, but if you decide to sue us, you will have to do so in New York, US. You also agree not to bring any class action against us.

1. Your Acceptance

Welcome to the Terms of Service for Readymag.com an online magazine creator and website. This is an agreement (“Agreement”) between Readymag, Inc., a Delaware company (“Readymag”), the owner and operator of Readymag.com (the “Site” and any “Services”) and you (“you” or “your” or “user(s)”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service.

 

Throughout this document, the words “Readymag,” “us,” “we,” and “our,” refer to our company, Readymag Inc. and our website, Readymag.com, or our Service, Readymag, as is appropriate in the context of the use of the words. All information submitted by you to us, such as data, text, sound, photographs, graphics, video, messages, tags or other materials for hosting, display, and distribution shall be referred to as “Content”. We provide a plain English version of this Agreement on the right- hand side for your reference (“Reference”). You acknowledge and agree in the event of any conflict between the Reference and this Agreement, the provisions of this Agreement shall prevail.

 

Please read the Terms of Service and the Privacy Policy before using our Site or Service. By using or accessing our Site and using any of our Services, you acknowledge and agree to these terms and agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy from time to time, your continued use of our Site or Service will constitute acknowledgement and consent to any amendments made within the Privacy Policy and Terms of Service.

 

If you do not agree to the Terms of Service or the Privacy Policy please stop using our Site and Service immediately. Additionally, users of our Service must be above the age of 16. If you are under the age of 16 please stop using our Site and Service immediately. If you are between the ages of 16 and 18 please get your parent's or trustee's permission before using our Site or Service.

2. Readymag Description of Service

Readymag is an online graphics editor, which allows you to create, view and share websites through our Services. Subject to your compliance with your responsibilities set forth in Section 4, as a user, you’ll be able to create any kind of web publications to be published online and shared with your selected audience.

 

Readymag Services are objects that define scope of these Terms of Service.

 

Readymag Services include our:

1. Websites

2. Out-of-Box Applications

3. Server licensing

4. Project Viewer

5. Project Constructor

 

but does not include:

1. Readymag products or services for which a separate terms are provided.

2. Third Party Products. These are third party products or services that you may choose to integrate with Readymag products or services.

3. User Accounts

You may use Readymag without a registered account. However, in order to take full advantage of Readymag you will have to sign up for an account. After registering you may begin to post Content and communicate with other users of Readymag. If you decide not to register you are still subject to these Terms of Service and the Privacy Policy. It is important that you keep your account information confidential as you are solely responsible for all actions or purchases made under your account.

 

During registration we require that you provide us with your name and e-mail. We may also require additional information from you if necessary. Additionally, we may allow you to login through a third-party social network such as Facebook. We have the final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to reclaim any Readymag usernames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.

4. Your Responsibilities

You are responsible for your use of Readymag, and for any use of Readymag made using your username and account, including by your Affiliates. The term “Affiliates” shall refer to any individual or entity that (a) directly or indirectly controls, or is controlled by, or is under common control with you; and/or (b) if you are an entity, owns or controls a majority of your outstanding voting securities. You agree not to access, copy, or use Readymag, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Readymag.

 

Readymag is a community of users and we expect everyone to act reasonably and respectfully at all times during their use of our Site and Service. We've created a non-exhaustive list of responsibilities that you agree. By using our Site and Service you agree to the following:

 

1. You agree to act within the bounds of common decency when using our website, this includes refraining from posting illegal, pornographic, explicitly sexual, underage or otherwise distasteful Content;

2. You agree not to stalk, harass, bully or harm another individual;

3. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;

 

4. You agree not to violate any requirements, procedures, policies or regulations of networks connected to Readymag;

 

5. You agree not to collect or store personal information about other users of Readymag;

 

6. You agree not to interfere with or disrupt Readymag;

 

7. You agree not to hack, spam or phish us or other members or users;

 

8. You agree to provide truthful and accurate Content;

 

9. You agree to not violate any law or regulation and you are solely responsible for such violations;

 

10. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services;

 

11. You will not use our website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent, Content or information or post any information or Content about a company or individual;

 

12. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party's website, such as by requesting its removal from a search engine;

 

13. You will not infringe upon anybody's intellectual property unless you have permission from the owner to use it in the specific manner that you used it;

 

14. You are expressly prohibited from accessing Readymag through a virtual private network or by proxy.

 

Readymag may terminate your account for violating one or more of your responsibilities, for violating applicable international, federal or state law, any other provision in this Agreement, the Privacy Policy or for any other lawful purpose or at our discretion, with or without notice.

 

5. User Posting on Readymag

Readymag allows you to submit Content such as data, text, sound, photographs, graphics, video, messages, tags or other materials for hosting and display. Readymag is only acting as a repository of data, user Content submitted to our Site or Service. We make no guarantees as to the validity, accuracy or legal status of any user Content. We do not endorse, condone or verify any user Content submitted. Content that is submitted by users is also subject to our Privacy Policy. We are not required to host, display, or distribute any of your Content and we may refuse to accept or transmit your Content, and may remove or delete it from Readymag at any time.

 

Any Content submitted by you will be owned by you. However, you hereby provide Readymag with a non-exclusive license, which is mandatory in order for us to receive, host, process, distribute your Content on/through our servers and make any alterations to your Content on your behalf. Readymag never uses your Content in any unethical or disrespectful way. Readymag reserves the right to promote open projects (not protected with a password) without notifying the user beforehand. You may find more in-depth information about granting a non-exclusive license in paragraph 6.

 

You also commit to having paid and paying in full all fees or other payments related to the use of your Content. Finally, you guarantee that your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

 

You understand that when using the Readymag Service you will be exposed to Content from a variety of sources, and that Readymag is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Readymag. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Readymag with respect thereto, and agree to indemnify and hold Readymag, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. License Grant

Readymag and its affiliates reserves the rights to share the public content you create to promote Readymag — the creator of the content will be credited. If the user keeps their content password protected, Readymag will not promote this content without the user’s permission. You assign to Readymag a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content and anything we may make with your Content through Readymag or any other medium currently invented or invented in the future. Without this license Readymag is unable to provide the service as it is.

 

If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.

7. Content Posting Guidelines

As Readymag is composed of a community of users, please be respectful to Readymag and all other users when posting, submitting or creating any Content through Readymag. When posting, submitting, or creating Content you agree that you will not:

 

1. Impersonate any person or entity or misrepresent their affiliation with a person or entity;

 

2. Post any Content that is disrespectful, harmful, harassing, discriminatory, defamatory, illegal, lewd, pornographic, unlawful, obscene, invasive, inflammatory, fraudulent, threatening, violent, distasteful, or otherwise hateful;

 

3. Post any false, misleading, or inaccurate Content;

 

4. Post any Content that infringes on the intellectual property rights or legal rights of third parties or other users;

 

5. Post any Content that contains personally sensitive information of a third party without their consent;

 

6. Post any Content that is not up to community standards.

 

If you believe that any Content posted on or through the Readymag Service violates these guidelines, please contact us at support@readymag.com. We reserve the right to remove any Content that violates these guidelines or we may remove any Content at our discretion.

8. Intellectual Property Rights

The design of the Readymag Service along with Readymag created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Readymag, subject to copyright and other intellectual property rights under United States, EU and foreign laws and international conventions. Readymag reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given you express written permission.

More simply put:

Beyond the content you’ve created with Readymag, rights to all content in Readymag or created with Readymag either belong to other users, our third-party licensors or Readymag. Please be aware this content is protected by all relevant intellectual property law.

9. Your Use of our Site

Once you have registered for an account, you will be able to post Content to Readymag. We grant you a revocable, non-exclusive license to access our Site and to use any of our Services, which license may be shared with your Affiliates, provided that you continue to bear the cost of all licenses purchased and used using your account. This license grant is subject to compliance with our Terms of Service and the Privacy Policy. Using any paid Services does not grant you an ownership interest in any of our Services; you merely receive the same license listed above to use our paid Services and any additional software. We may terminate your ability to access our Site and Service if you breach either agreement or at our discretion. We also reserve the right to terminate your access to Readymag at any time without explanation. Any failure by us to terminate your access does not act as a waiver of your conduct.

 

You agree not to distribute any Content found on our Site and Service without our prior written authorization, unless such distribution is through functionality offered by our Service. You agree not to access Content through any technology or means other than through our Site or Service or otherwise authorized by us.

More simply put:

By registering an account at Readymag, you receive an individual license to use our service. Please don’t copy, modify or save any of Readymag or other users’ content without our or their written consent. Please don’t access or distribute content in any way except as explicitly permitted under this agreement (e.g. don’t use any web scraping instruments to collect information from Readymag web projects). We may terminate your account service at any time if you breach any part of this agreement.

 

10. Online Catalogue

We may offer certain users (“Vendors”) the capability to sell merchandises (“Merchandises”) displayed on such user’s Content (the “Online Catalogue”). We are not the merchant of record for any Merchandises sold through our Site and does not have any liability with respect to any Merchandise sold through our Site. All Merchandise sold through our Site are subject to the Vendor’s policies, including, without limitation, applicable shipping, privacy, and return policies. Please review applicable Vendor policies prior to making your purchase. We do not endorse any Merchandise sold by the Vendors on our Site. We do not represent, warrant or guarantee that the Merchandise descriptions are accurate, complete, reliable, current or error-free. For Merchandises purchased from Vendors, the risk of loss and title for purchased Merchandises pass from the Vendor to you upon Delivery. We do not transfer ownership of any Merchandise from the Vendor to you. You shall refer to the Vendor’s policies for any terms of refunds or returns. If you purchase any Merchandises on our Site from the Vendor, your payment information will be processed by Stripe (see Section 11 below).

 

Readymag prohibits the sales of any the following products:

1. Any products that are illegal under any jurisdictions where Readmag operates;

2. Stolen or counterfeit products;

3. Defective Products;

4. Weapons;

5. Products that infringe the copyright, trademark or otherwise intellectual property or personal rights of others; or

6. Products that contain offensive, obscene, violent, cruel or inappropriate content in product names, descriptions, logos or images.

 

It is the Vendor’s sole responsibility to be familiar with all products that you list for sale and understand all the laws governing their sale and distribution. We reserve the right to immediately remove your product listings, suspend your selling privileges and terminate your account.

 

Vendor hereby agrees to defend, indemnify and hold harmless Readymag, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any breach of this Section. The information about our subscriptions and paid services can be found here. By submitting your payment information you authorize your credit card to be charged the amount listed at the checkout screen. You can switch between monthly and yearly subscriptions at any moment. Just open your Settings select Change plan, choose the one you need and click Proceed. Changes will take place with the next scheduled payment. Please be aware that our subscription prices are not guaranteed and may be changed from time to time. We shall alert you to any changes in our subscription prices. Please be aware that we may suspend or terminate your account if your payment is past due, to provide you with continuous service please ensure that your payment information is correct and current. All payments are to be made in the currency designated by Readymag Inc.

11. Subscriptions and Payment

You will not be required to pay to access our Site. However, portions of our Site and Service may require payment. If you wish to use any of our paid Services you will be required to submit your payment information. Please be aware that your payment information may be stored, collected, and processed by our third party payment processor Stripe. Please be aware that you must provide complete and accurate information to our payment processor or your payment may be affected, you must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information may be made in your Account Settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services.

 

The information about our subscriptions and paid services can be found here. By submitting your payment information, you authorize your credit card to be charged the amount listed at the checkout screen. You can switch between monthly and yearly subscriptions at any moment. Just open your Settings select Change plan, choose the one you need and click Proceed or Purchase. Changes will take place with the next scheduled payment. Please be aware that our subscription prices are not guaranteed and may be changed from time to time. We shall alert you to any changes in our subscription prices. Please be aware that we may suspend or terminate your account if your payment is past due, to provide you with continuous service please ensure that your payment information is correct and current. All payments are to be made in the currency designated by Readymag Inc.

 

The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge the chosen payment provider.

12. Automatic Renewal of Subscriptions

By default, in order to provide you with uninterrupted and hassle-free Service, once you have submitted your payment information, your credit card will be automatically charged for subsequent time periods after the initial period where you authorize payment (each, a “Renewal Term”). For example, if you have paid for a monthly subscription, after the first month your credit card will be automatically billed at the applicable rate for the following month. By paying for our Service and authorizing payment on your credit card, you authorize us to automatically charge your credit card for any Renewal Terms after your initial payment. You explicitly authorize us to charge your credit card without providing additional notice to you after your initial payment. You may log into your account for billing details. If you wish to remove automatic billing from your account, you should adjust your subscription settings or contact us at support@readymag.com.

More simply put:

By default, your Readymag plan will auto-renew for the same subscription period you initially signed up for (e.g., monthly plans will renew monthly). You can always stop automatic billing in your subscription settings.

13. Refunds and Cancellation of Paid Services

You may use a free account to try out our Services, and you may cancel your Readymag subscription at any time. Except as set forth below, we do not issue any refund for paid subscription. To prevent incurring charges for Renewal Terms, the paid subscription must be cancelled at least one (1) day prior to the end of the current Renewal Term. Please be aware that the cancellation of a paid subscription will disable access to the paid services and may make some or all of your Content inaccessible after the end of contract term. See our Help section for details.

 

If you believe your credit card has been charged in error or you have paid for a subscription by mistake please contact us at: support@readymag.com.

 

You can request a refund within 24 hours after making a payment. We do not refund for any Renewal Terms, so be sure to check if you have disabled Auto-Payment when signing up for a subscription to prevent your credit card being charged automatically for any Renewal Terms. Learn more about how to enable or disable Auto-Payment in our Help section.

 

Readymag issues refunds in U.S. dollars only, transferred to the bank account used to make the payment. If you paid for the subscription using a currency other than the U.S. dollar, the amount credited back to you may be affected by currency exchange rate and third-party commissions (e.g. the commission taken by a payment processor). Refunds will appear in the purchaser's bank account within 10 business days of Readymag issuing the funds. If user fails to provide cancellation notice within 24 hours from making the payment, Readymag will not issue any refund.

 

Readymag reserves the right to deny or cancel subscriptions and Readymag may, in its sole discretion, terminate or suspend accounts. In the event that Readymag terminates your account due to an actual or suspected violation of our Terms of Service or Payment Terms, products and services purchased in according with these Terms of Service may be forfeited without a refund.

14. Limitations on Liability

In no event shall Readymag, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

You specifically acknowledge that Readymag shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

In the event of any problem with this web site or any Content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or Services that you have purchased on or through this web site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such Services, in accordance with such manufacturer's or supplier's warranty. Readymag is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of any products purchased from our site.

 

For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

 

1. The website's public areas include areas where members may post user generated Content. We are not responsible for the posting of any of this Content or information;

 

2. We are not required to or under any obligation to review, screen, edit, monitor, or remove any member Content posted on our website and we reserve the absolute right to remove, screen, or edit any Content at any time and for any reason without any notice to you or any party affected;

 

3. We take no responsibility and assume no liability for any user Content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member Content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;

 

4. We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of Readymag, whether arising in tort or contract, law or equity;

 

5. You agree not to hold any other user liable for any negative or critical comments except you are not obligated to release any other member who submits Content that violate any of Readymag Terms of Service or other policies stated anywhere on its website;

 

6. Readymag is not liable under any circumstances to any user for any Content submitted by another member, even if that Content violates Readymag' Terms of Service or other policies, and Readymag takes no action to remove that Content, terminate that member's account or any action whatsoever;

 

7. Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.

 

Readymag shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service is controlled and offered by Readymag from its facilities in the United States. Readymag makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

15. Representations and Warranties

Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted. We will not be responsible for backing up or storing anything created on our Site. You are solely responsible for backing up, storing or otherwise creating copies of any work created on our Site and Service.

 

We make no representations or warranties as to the merchantability of our Service or fitness for any particular purpose. We disclaim all other warranties either express or implied in regards to our Site and Service. you agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our Services, for reasons including, but not limited to, failure of our Service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.

 

You agree that we are not responsible in any way for damages caused by third parties who may use our Services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.

 

We are not liable for any failure of the goods or Services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.

 

The provision of our Service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this “Representations & Warranties” section shall be construed to limit the generality of the second paragraph of this section.

 

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

 

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, 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 waive this section of the California civil code. you hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

16. Indemnity

You agree to defend, indemnify and hold harmless Readymag, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

 

1. your use of and access to the Readymag Service;

 

2. your violation of any term of these Terms of Service;

 

3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or

 

4. any claim that one of your Content caused damage to a third party.

 

This defense and indemnification obligation will survive these Terms of Service and your use of the Readymag Service.

 

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

 

By uploading your Content to the Services, you agree that you have: a) all necessary licenses and permissions to use and share your Content b) the rights necessary to grant the licenses in these terms.

 

17. Third-Party Links

We may link to third-party websites from our own website. We may affiliate links to third party websites. We have no control over, and are not responsible for, these third-party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of Service and Privacy Policies before accessing and using the third-party site.

 

Additionally, users may be able to post third party links through Content submitted to our Site. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer. We may affiliate posted third party links.

18. Freedom of Speech

At Readymag we allow users to create Content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their Content to our Service, we are not liable for any defamatory Content posted on our website if published by a third party. We are a passive Service that only hosts Content generated by users we do not alter or produce any Content submitted. Although we may choose to edit or delete any clearly defamatory or illegal Content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.

 

We may use additional technologies or processes to screen for certain types of illegal content or other abusive content or behavior.

19. Copyright Notices

We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:

 

1. Your name.

 

2. The name of the party whose copyright has been infringed, if different from your name.

 

3. The name and description of the work that is being infringed.

 

4. The location on our website of the infringing copy.

 

5. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

 

6. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

 

You must sign this notification and send it to our Copyright Agent, support@readymag.com or through the post at Copyright Agent, Readymag Inc., 195 MONTAGUE STREET, UNIT 1410, BROOKLYN, NY 11201.

 

Although, the EU does not have a formalized copyright notification procedure, please use the procedure set forth above if you are a resident of the EU.

20. GDPR Compliance

Readymag and its Services may only be used by persons 16 years and older. Readymag in no way targets children under the age of 16. If you are under 16 please stop using our site immediately and do not submit any information to us.

 

More simply put:

If you are under 16, please stop using Readymag. We apologize, but you are welcome back when you turn 16 and receive your guardian’s consent.

 

21. Choice of Law

This Agreement shall be governed by the laws in force in the State of New York, without regard to the conflict of law principles thereof. The offer and acceptance of this contract is deemed to have occurred in the State of New York.

 

 

22. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by any state or federal court located in New York, New York. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.

 

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.

 

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

 

 

23. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

More simply put:

We are not responsible for actions that occur outside of our control.

 

24. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

 

If two or more provisions of this Agreement are deemed to conflict with each other's operation, Readymag shall have the sole right to elect which provision remains in force.

More simply put:

If any provisions of this Agreement are unenforceable, the remaining provisions still remain effective.

25. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

26. Our Termination and Cancellation Rights

We may terminate or suspend Service or your account or any other provision of Services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your Readymag account, you are solely responsible for properly canceling your account. Cancellation may result in the immediate deletion of any Content that you have submitted to Readymag. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

More simply put:

We may terminate or suspend Readymag without explanation and notice, as well as suspend or delete your Readymag account. If you wish to terminate your account, you are responsible for backing up any content submitted prior to cancellation.

27. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

29. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Readymag must be addressed to our agent for notice and sent via certified mail to: Readymag Inc., 195 MONTAGUE STREET, UNIT 1410, BROOKLYN, NY 11201.

 

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.