Any capitalized terms used herein but not defined herein shall have the meanings given such terms in any of the Terms.
1. Use of the Portal and Digital Content
Upon successful registration of your profile, you may proceed to use the Portal only upon accepting these T&C. By registering, accessing, browsing, viewing, downloading, generating, receiving or transmitting any data, information or messages to or from the Website, Portal or any part thereof, you agree that you have read and understood the Terms and you agree to be bound by it at all times. You also certify that you are at least 18 years of age on the date of access. You agree to keep yourself updated of all subsequent changes and amendments to the Terms and your continued use of the Website shall constitute your agreement to such amendments.
The contents of the Portal are intended only for your personal and non-commercial use. This portal grants you permission to visit the Portal, and to download and copy information, images, documents and materials from the Portal. This portal or magazine publishers does not grant the right to resell, redistribute, copy, reproduce, assign or otherwise transfer the Digital Content or any information, documents, images or material available to it on the Portal or to compile or create derivative works from material on the Portal. Use of material on the Portal is subject to these T&C.
If you use the Portal, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This portal and the content publisher reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
2. Access to the Portal
This portal and the publisher grants to you a limited right to access and make personal use of the Portal and the contents therein and not modify it, or any portion of it, except with express written consent of the Publisher (Publisher refers to Wink or Magazine Publishers as applicable). This limited right does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Portal or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website, Portal or any portion of it shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the publisher. Any unauthorized use terminates the permission or license granted by this portal and publisher
In order to access and interact with the Portal, you must be able to operate and maintain the eReader and the Device Software. Acquiring, installing, maintaining and operating any software and hardware needed to view the Digital Content on the eReader is solely your responsibility. This portal or the publisher is in no way responsible or liable for your access to the Internet, including without limitation any internet connection speed problems, bandwidth or latency-related problems, virus attacks, etc., that may affect your ability to access and use the Portal.
3. Change of Information and Services
In its sole discretion, publisher shall control the appearance, development and operation of the Portal. Information on the Portal may be changed and updated without prior notice. Publisher may also make improvements and/or changes in the services provided, products available and the Portal at any time without prior notice.
While the publisher of this portal has used all reasonable efforts to ensure that the data and information contained in the Portal are accurate and up to date, publisher is not responsible or liable for any errors, inaccuracies or omissions from the results obtained from the use of any such data and/or information or from use of any third party data and/or information. All data and information in the Portal is provided "as is" with no guarantees of completeness, accuracy, or timeliness of results obtained from the use of the data and/or information.
4. Publisher's proprietary content
The Portal may contain proprietary content of the portal publisher, which content may be adaptations, modifications or improvements of other works which are in public domain. To the limited extent that there are any claims or liabilities with respect to such proprietary copyrighted work of the publisher, you shall be eligible only for a refund of such purchased content upon the return of such infringing content.
5. Third Party Services/Products
You understand that most of the Digital Content available on the Portal is provided by third parties ("Third Party Service Providers"). Publisher is merely hosting such content on the Portal for your access and use. The Digital Content available to you is provided by portal publisher on an "AS IS" and "AS AVAILABLE" basis. Unless otherwise specified in writing by the publisher, it does not make any representation or warranty of any kind as to such Digital Content. You agree, by the use of the Portal and the contents therein, that you shall be solely liable for use of the Digital Content.
6. Forums and discussions
The Portal contains bulletin boards, chat rooms, access to mailing lists and other message and communication facilities (collectively termed 'forums'). You agree to use forums only to send and receive messages and materials that are strictly related to the particular forum. When using a forum, you agree not to do any of the following:
download, distribute or otherwise publish through the Website any content which is libellous, defamatory, obscene, pornographic, abusive or in any way violates any laws.
distribute or otherwise publish any material containing any solicitation for funding, advertising or solicitation for goods or services without requesting and receiving prior written approval from the Portal publisher.
delete any author attributions, legal notices, proprietary designations or labels from any file that is downloaded nor falsify the origin or source of software or other material contained in a file that is downloaded.
Publsiher cannot review every message or other content posted by you on forums and is not responsible for the content of any messages or content posted by you. You undertake to be solely liable for content posted by you and you shall hold harmless and indemnify the Publisher from any loss or damage arising from or related to such content, the Publisher reserves the right to delete, move or edit, at its sole discretion, messages that it deems abusive, defamatory, obscene, in violation of copyright laws or unacceptable.
You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by the Publisher and once posted on the Portal, such content, including any intellectual property rights therein, shall become the property of the Publisher.
You should be aware that all forums and discussion groups are public and not private communications. Further, you acknowledge that chats, postings, conferences and any other form of communication by other users are not endorsed by the Publisher, and that such communications shall not be considered as having been reviewed, screened or approved by the Publisher and the Publsiher shall not be liable towards any loss or damage caused to you by such content.
7. Intellectual Property Rights
All material published on the Portal is protected by copyright and owned or controlled by the Publisher or the party credited as the provider of the content, software or other material. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content, software, material or services, in whole or in part, without obtaining prior written authorization from the Publisher.
Publisher’s trademark and other marks displayed on the Portal shall not be used by you in connection with any product or service in any manner that disparages or discredits the Portal. All trademarks not owned by the Portal Publisher that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Portal.
You shall indemnify and hold harmless the Publisherfrom any violation of the intellectual property rights of the material contained in the Portal and/or the Website.
8. Disclaimer of Warranties
To the full extent permissible by law, Publisher disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, of the Digital Content available on the Portal. The publisher does not warrant that the Website, the Portal, Digital Content and other products and services made available to you through the Publisher, are free from viruses or other harmful components.
9. Limitation of Liability
Neither the Portal Publisher nor any other party involved in creating, producing or delivering the Website, the Portal or the contents therein, shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of, or in connection with your access to, or use of, the Portal or any portion of it. The Portal does not guarantee the accuracy of information provided by external sources and accepts no responsibility or liability for any consequences arising from the use of such data.
Though the Publisher uses the best technical standards to control its site, material on the Website may inadvertently include technical inaccuracies or other errors. We should be grateful if you could notify us of any errors or inaccuracies that you may find. The Publisher does not warrant that the functional aspects of the Portal will be uninterrupted or error free or that this website, or the server that makes it available, are free of viruses or other harmful components. The Publisher may change material on the site without prior notice.
10. Payment Terms
Any purchases or subscriptions made by you on the Portal shall be immediately charged to the credit card number provided by you at the time of purchase/subscription. If you fail to pay such charges, we reserve the right to initiate appropriate legal proceedings against you.
If you have opted for the automatic renewal of subscriptions, various Digital Content available on the Portal and costs incurred for automatic renewal subscriptions shall be charged, without any prior notification to you, to your credit card number furnished by you during registration. You shall not, in any manner, dispute such automatic renewal.
The Publisher retains the right to terminate your access to the Portal for any reason at any time without prior notice to you. You have the right to terminate the use of Portal by following the de-activation procedure. Upon such de activation, you shall not be entitled to make any further downloads or purchases using the eReader or Applications.
12. Force Majeure.
Neither you nor the Publisher shall be liable for delays or failures in its performance to the extent such failures or delays result from acts beyond the reasonable control of such party, including but not limited to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, strikes, walkouts, riots, civil disorders, rebellions, quarantines, epidemics, embargoes or other similar governmental action.
13. Discount Offers
Offer not available on associated ipad, Android or PC apps. However magazines subscribed to on the portal can be read on any of the associated apps.
All sales of magazines are final.
Prices for magazines offered via the digital magazine portal and associated apps may change at any time, and the website does not provide price protection or refunds in the event of a price reduction or promotional offering.
Paid subscriptions through this digital magazine portal or associated iOS, Android or PC apps are non-refundable.
In App Subscriptions ( subscriptions bought through an ipad magazine app) will automatically renew for the applicable time period the customer has selected, and, where applicable, customer's Account will be charged no more than 24-hours prior to the expiration of the current In App Subscription.
A customer may cancel automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in their Account and selecting the subscription they want to modify.