TERMS OF SERVICE
1. ACCEPTANCE OF TERMS.
The following terms and conditions (this "TOS") govern all use by you as an administrator (as defined below) of (a) the Magazapp apps, websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Magazapp for your publications, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by Magazapp. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Magazapp. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY Magazapp. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY ONLY BE MODIFIED BY Magazapp AS PROVIDED IN SECTION 1.2 BELOW.
Magazapp reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF MAGAZAPP.
Magazapp provides a simple and quick platform for publishing and sharing PDF documents owned and managed by our customers ("Publishers" or "you") to create an app available for free at the App Store and Google Play. Publishers manage the PDF under they own reponsability related to content and copyrights, send push notifications to the readers and link to any url within the documents. Payments are all transacted through, either (a) PayPal, Google Checkout or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM") or (b) the Magazapp payment processing gateway (the "Gateway"). For more information, please see https://www.Magazapp.com. This TOS applies to you and your use of the Services as a Publisher.
3. YOUR USE OF THE SERVICES.
3.1 The Services.
Magazapp hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of publishing and promoting your services or products, an app that you have registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for time sharing, service bureau, or commercial purposes (except for the limited commercial purpose of creating your app through the Site as a Publisher in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.
If you are allowed to download or use any Software in connection with the Services, Magazapp hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by Magazapp in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by Magazapp, including without limitation Magazapp mobile applications. For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data is subject to Spanish controls. No Software may be downloaded or otherwise exported or re-exported in violation of Spanish laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all local laws and the rules and regulations of all credit card companies.
The Software and related documentation are "commercial computer software" and "commercial computer software documentation," respectively. Any use, duplication or disclosure of the Software or such documentation is subject to restrictions as set forth in this TOS.
4. YOUR REGISTRATION OBLIGATIONS.
5. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will get a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify Magazapp of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Magazapp cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Magazapp shall be the sole arbiter of such dispute in its sole discretion and that Magazapp'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
6. ADDITIONAL SERVICES.
Magazapp may, upon request, and for such fees as Magazapp may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOS.
You agree to defend, indemnify and hold Magazapp, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS. Magazapp shall provide notice to you of any such Claim, provided that the failure or delay by Magazapp in providing such notice shall not limit your obligations hereunder. Magazapp reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Magazapp's defense of such matter.
8. SERVICE MODIFICATIONS/SUSPENSIONS.
Magazapp reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. Magazapp will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees (excluding the portion of Service Fees paid over to FPMs and other third party service providers used by Magazapp in connection with providing the Services) related to refunds issued to Readers. You agree that Magazapp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Magazapp, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Magazapp, or if Magazapp believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Magazapp may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Magazapp shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Magazapp has no control over such websites and resources, you acknowledge and agree that Magazapp is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Magazapp shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
11. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Magazapp HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. MAGAZAPP MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. Magazapp IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, ATTENDEE OR OTHER NON-Publisher, Publisher OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND Magazapp WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT Magazapp HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING Readers', OTHER NON-Publishers' AND Publishers') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING Readers AND Publishers) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, Magazapp IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND Magazapp HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Readers, other non-Publishers, Publishers and/or third parties in connection with the Site or any Services to Magazapp. Magazapp, in its sole discretion, may investigate the claim and take necessary action.
12. LIMITATION OF LIABILITY.
Magazapp, ITS PAYMENT PROCESSING PARTNERS, LICENSORS AND ANY APPLICABLE CARD SCHEMES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN Publisher WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND ANY OF THEIR REASONABLE CONTROL. Magazapp, ITS PAYMENT PROCESSING PARTNERS, LICENSORS AND ANY APPLICABLE CARD SCHEMES SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14.1 Entire Agreement.
This TOS constitutes the entire agreement between you and Magazapp and governs your use of the Services as an Publisher, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Magazapp on the subject matter hereof, other than any written Instant Messaging Agreement, or Addendum Agreement between you and an authorized officer of Magazapp relating to a specified event or networks. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.
14.2 Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of the kingdom of Spain, as such laws are applied to agreements entered into and to be performed entirely within Barcelona.
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be conducted in Barcelona, Spain, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Magazapp agree to submit to the personal jurisdiction of the courts located within the city and county of Barcelona, Spain. Either you or Magazapp may seek any interim or preliminary relief from a court of competent jurisdiction in Barcelona, Spain, necessary to protect the rights or property of you or Magazapp (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
14.4 Waiver; Invalid Provisions.
The failure or delay of Magazapp to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
14.5 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
If you have any questions or concerns, please do not hesitate to contact us by using firstname.lastname@example.org
Information We Collect
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below :
1.1 Personal Data
Publishers: We collect Personal Data from you when you voluntarily provide such information to the Services, such as when you register for access to the Services as an Publisher, contact us with inquiries, respond to one of our surveys or use certain Services. The Personal Data we may collect includes without limitation your name, address, email address and other personally identifiable information. In some cases we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).
1.2 Non-Personal Data.
Non-Identifiable Data: When you interact with the Services, we collect certain personally non-identifiable information ("Non-Personal Data"). The Non-Personal Data we collect includes without limitation Internet Protocol (IP) addresses, , Device ID, Internet browser type, other characteristics of your device and software, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Services, the time of your usage and aggregated Personal Data that cannot be used to specifically identify you. Such information, which is collected passively using various technologies, cannot, in and of itself, be used to specifically identify you. We also collect Non-Personal Data (including, without limitation, of the type set forth above) from third parties. The information we collect from third parties may be combined with the information we collect.
1.3 Cookies, Pixels Tags, Local Shared Objects, Web Storage and Similar Technologies
Our Use of Information That We Collect
2.1 Personal Data
· Specific Reason: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
· Access and Use: If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to monitor your use of such Services or functionality. For instance, if you supply payment information (e.g., bank account or credit card information) to the Services as a Reader or as an Publisher, we will use that information to facilitate such purchase or process such payments.
· Internal Business Purposes: We may use your Personal Data for internal business purposes including without limitation to help us improve the content and functionality of the Services, to better understand our users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
· Publisher messages: We allow Publishers and third parties of Magazapp to use our messaging system to contact Readers for their current app, so you may receive messages from our system that originate with such Publishers.
2.2 Non-Personal Data.
Because Non-Personal Data cannot be used to personally identify you, we may use such information for any lawful purpose.
3. Our Disclosure of Information That We Collect
3.1 Personal Data
We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below:
· Agents, Consultants and Related Third Parties: We, like many businesses, sometimes engage other companies to perform certain business-related functions. Examples of such functions include mailing information, messaging platform, fraud prevention, maintaining databases and processing payments. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
· Legal Requirements: We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of third parties, (iii) to prevent, investigate, or identify possible wrongdoing in connection with the Services, (iv) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (v) to protect against legal liability.
3.2 Non-Personal Data
Because Non-Personal Data cannot be used to personally identify you, we may disclose, transfer or share Non-Personal Data for any lawful purpose.
4. Your Choices
4.2 Links to Other Web Sites
4.3 Storage and Security
We may store Personal Data itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We take what we believe to be reasonable steps to protect the Personal Data provided via the Services from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data via the Internet.
4.4 International Privacy Laws
4.5 Access to Information
Publishers may access and update their Personal Data being stored by us by logging in and visiting the My Account page. Publishers may also contact us directly at the address specified below with respect to Personal Data that is not accessible through the My Account page. Readers and other non-Publishers do not have a formal account with Magazapp, however, you can create a formal account by signing up. After signing up, you can update and access your Personal Data on the My Account page. Readers and other non-Publishers can also contact us directly with requests to update Personal Data at the address specified below. We will take reasonable steps to respond to requests relating to Personal Data within 30 days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information). Note that you may not have access to or the ability to update Non-Personal Data, much of which is held in aggregate form.
4.6 Retention and Deletion
We may retain your Personal Data as long as you continue to use the Services. You may close your account by contacting us. However, we may retain Personal Data and Non-Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media and other information systems.
4.7 Contacting Magazapp
4.8 Dispute Resolution
If you have a complaint about Magazapp's privacy practices you should write to us at Avant Web Solutions, S.L., Attn: Privacy Officer, Segle XX, 93 08032 Barcelona, Spain, or by email to email@example.com. We will take reasonable steps to work with you to attempt to resolve your complaint.