TERMS AND CONDITIONS OF USE FOR THE SERVICE
Applicable version from December 1, 2018.
By using our Service -discharging your software or through the web- you confirm that you have read, understood and accept the conditions of use and that you will comply with them. If you do not agree or can not comply, please omit the use of the Service and its contents. Please read the following T & Cs carefully. They include important information about the Service. It will have information on charges, taxes and applicable fees. The T & Cs also include information about future changes in Contracts, automatic renewals, limitation of liability, privacy information and a waiver of class action. To use the Service, you must be of legal age and / or of sufficient age and capacity to contract and that no current law prevents you from doing so. In addition, you must ensure that all registration information you provide is true, accurate and complete, and you agree that it will be so at all times.
2. Changes to the AGREEMENT and SERVICES
We can implement changes in the TyC's, according to our criteria and evolution of the Service. If we implement important changes, we will notify you in advance and timely according to the circumstances, for example, we will show a prominent notice in the Service or we will send an email to the address that you have provided. Your continued use of the Service once the changes are implemented will constitute your acceptance of such changes. Therefore, be sure to read the notices carefully. If you do not wish to continue using the Service in accordance with the new conditions, you may terminate the agreement by contacting us through the Customer Service contact form.
3 Enjoy the service of Revistas Ya!
Below you will find information about the Service.
3.1 Our paid service and subscription
Revistas Ya! offers a service of access to Journals and / or Journals and / or periodical publications of diverse publishing sources. Certain services or access can be free for promotional purposes, for the use of the service you must make the payment to pay before using them. The Service can be contracted under the modality
"Premium service" and "Unlimited service" (collectively, "Paid Subscriptions").
We will inform you about the available services and their conditions, when you wish to subscribe.
The Service is owned by Magazines YA! (Media Digital Holding OÜ) or the licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service, and a limited, non-exclusive, non-transferable, revocable license to make personal, non-commercial, and entertainment use of the Content (the "License"). This License will remain in effect until you or Revistas Ya! cancel it You represent and agree that you will use the Content for personal, non-commercial and entertainment purposes and that you will not redistribute or transfer the Service or its Content.
The software applications of Revistas Ya! and all Content is granted to you by license, are not sold and the licensors retain ownership of all copies of the software applications and their Content, even after installing them on your personal computer, mobile device, tablet or any other similar device ("Devices").
The T & Cs do not grant you any right to use the Service and / or the Contents for commercial purposes. You agree to comply with the guidelines for the user and not to use the Service, its Content or any other part included in any way that is not expressly authorized by the Contracts. Except for the rights expressly granted by these T & Cs, no rights, titles or interests of the Service or its Content are granted. The third-party software and Contents (for example, open source software libraries) included are granted under this Agreement or under the license terms of the third-party library, as indicated in the Configuration or Help section of our mobile or desktop client or on our website.
5 Third-party applications.
The Service is integrated with applications, websites and third-party services ("Third-party applications") to make available their own content of these, products or other services. These Third Party Applications may have their own terms and conditions of use and privacy policies, and the use of these Third Party Applications will be governed by and subject to these terms and conditions and privacy policies. You understand and accept that Revistas Ya! and / or the Service does not support or is responsible for the behaviors, features or content of the Third-Party Applications or any transaction you may make with the provider of such Application.
6. Rights that you grant us.
You hereby grant us the following rights: (1) allow the Service to use the processor, bandwidth, and storage hardware of your device to facilitate the operation of the Service, (2) obtain and record information about your preferences, traffic data, location and characteristics of use of the Service (schedules, times, age bands etc etc) offer you advertising and other information and (3) allow our business partners to do the same. In any part of the Service, the Content you see, even in this selection and location, may be affected by commercial issues, which include contracts with third parties. Some parts of the licensed content may contain advertising as part of the content. In those cases, the Service will make such Content available to you without modification.
7. Guidelines for the user
Revistas Ya! Respect intellectual property rights and expect you to do the same. We have established some basic rules that you must respect when using the Service. Please respect these rules and suggest to others that they do too.
The following actions are not allowed under any circumstances:
Copy, redistribute, reproduce, digitally extract image, audio, record, transfer, display to the public, transmit or make available to the public any part of the Service or its Content, or use the Service or its Content in any other way that is not expressly permitted by virtue of these T & Cs or current law or that, in any way, infringes the intellectual property rights (such as copyrights) included in the Service -own or of third parties- or its Content or any part of this.
Use the Service to import or copy local files that you do not have a legal right to import or copy in this way.
Transfer copies of Cache Content from an authorized device to another device by any means that is made.
Use reverse engineering techniques, decompile, disassemble, modify or create derivative works based on the Service, its Content or any part thereof, unless permitted by law.
Evade any technology used by the Service, its licensors or third parties to protect the Content or the Service.
Sell, rent, sublicense or lease any part of the service or its Content.
Evade territorial restrictions imposed by the Service or its licensors.
Fictitiously increase the count of reproductions or otherwise manipulate the Service through a script or other automated process.
Remove or alter any copyright, trademark or intellectual property notice included in the Service or provided through it (including in order to hide or modify the indications of ownership or the source of the Content).
Provide your password to another person or use another person's username and password.
"Track" the Service or use automated means (such as bots, scrapers and spiders) to collect information from the Service.
Sell a user account or content, or accept any compensation or monetary or similar payment to modify the name of an account or the content of any account or playlist.
OBLIGATIONS TOWARDS THE SERVICE or to the owners of the Content and to other users of the Spotify service.
Do not participate in activities, publish User Content or register or use a user name that has the following characteristics or that includes material with these characteristics:
to. Offensive, abusive, defamatory, pornographic, threatening or obscene.
b. Illegal, aims to encourage or commit an illegal act of any kind, including infringements of intellectual property rights, privacy rights or property rights of the service provider and / or a third party.
c. It includes your password or intentionally includes the password of another user or the personal data of third parties, or is intended to request such personal data.
d. It includes malicious content, such as malware, Trojans or viruses, or otherwise prevents a user from accessing the Service.
and. It is intended to harass or intimidate other users.
F. Usurp or misrepresent your affiliation with another user, person or entity, or otherwise result in fraudulent, false, misleading or erroneous.
g. It uses automated means to promote the content fictitiously.
h. It involves the transmission of unwanted mass mailings or other forms of mass mail ("spam"), junk mail, chain messages or similar items.
i. Includes commercial or sales activities, such as advertisements, contests, sweepstakes or pyramid schemes, which are not expressly authorized by the Service.
j. Include links to references or otherwise promote commercial products or services
k. Interfere with the Service or in any way harm, manipulate, infringe or attempt to investigate, explore or examine vulnerabilities in the Service or in computer systems or networks, in the rules of use or in any security component, authentication measure of the Service or any other security measure corresponding to the Service, the Content or a part of it.
l. It conflicts with Contracts, as determined by the T & Cs.
You understand and agree that posting User Content or infringing the T & Cs may result in termination or immediate suspension of your account. You also agree that the Service may also recover your username for any reason.
Be cautious when using the Service and what you share in it. The Service includes social and interactive features, which include the ability to publish User Content, share content and make certain information about you public domain. Remember that public or shared information may be used or re-shared by other users in the Service or on the Web, so we recommend that you use the Service with caution and consider your account settings. Revistas Ya! is not responsible for your decision to post material on the Service.
Your password protects your user account, and you are solely responsible for it being confidential and secure.
You understand that you are responsible for the use of your username and password in the Service.
If your username or password is lost or stolen, or if you believe that someone accessed your account without authorization, notify us immediately and change your password as soon as possible.
8 Violation and reporting of user content
Revistas Ya! respects the rights of the holders of intellectual property. If you believe that any Content infringes your intellectual property rights or any other right notify such situation to email@example.com. If the owner of a copyright notifies Magazines Ya! that any content infringes a copyright, the provider may, at its sole discretion, take action without prior notice of Content. If the provider believes that the content does not imply an infringement, he may send a counter notification to and request that they restore the deleted content.
If you consider that any Content does not comply with any regulation, contract and / or considers it to be in violation of any standard and / or legal parameter, please notify the previously individualized email address so that we can evaluate the complaint and eliminate - in case of correspond- the infringing content.
9 Limitations and modifications of the Service
Revistas Ya! will do everything possible so that the Service is always up and running. However, occasional technical or maintenance difficulties may cause the temporary interruption of the Service. To the extent permitted by law, Revistas Ya! reserves the right to modify or suspend, periodically and at any time, either permanently or temporarily, functions and features of the Service, with or without prior notice, without obligation to you, except when prohibited by law, for any interruption , modification or interruption of the Service or by any function or feature thereof. Notwithstanding the foregoing, if you have made an advance payment of fees for paid subscriptions and were permanently suspended before the end of the early payment period (defined in the section Payments, cancellations and reimbursement period), the Service will refund the amount already paid. paid for the early payment period after said cancellation. You understand and accept that Magazines YA! does not have the responsibility to maintain, provide support, update or improve the Service or to provide all or part of the content through the Service. This section will be implemented to the extent permitted by applicable law. The Service and the owners of the Contents may delete, sporadically, any Content without prior notice to the extent permitted by applicable law.
10 Customer Assistance
To receive customer assistance on issues related to payments and accounts ("Customer Assistance Service inquiries"), send an email to firstname.lastname@example.org for Customer Service. We will do everything possible to respond to all inquiries from Customer Service within a reasonable time, but we can not ensure or guarantee that we will respond to certain inquiries within a specific timeframe or that we can answer all inquiries satisfactorily.
11 Payments, cancellations and reimbursement period
Paid Subscriptions can be purchased either
(1) through a periodic subscription fee (monthly or other) or
(2) through an advance payment that grants access to the Service for a specific period of time ("Early payment period"). If you purchased a Subscription you pay with a code, the paid Subscription will end automatically at the end of the Early Payment Period, or when the balance of the advance payment is not sufficient to pay for the Service.
By registering for a paid, trial or online subscription, you authorize access to the Service immediately.
Unless you have purchased the paid Subscription as if it were an Advance Payment Period, the payment you made to Revistas Ya! (or to a third party through which you purchased a paid Subscription, such as a telephone company) will be automatically renewed at the end of the subscription period, unless you cancel the Subscription you pay through the registration page within the period defined for such purposes. .
The cancellation will take effect on the day following the last day of the current subscription period, and you will move to the category of Free Service.
Revistas Ya! You can periodically change the price of the Subscriptions paid, the Early payment period (for periods that have not yet been paid) or the Codes and inform you of any changes you make in the prices in advance and, if applicable, how accept those changes. The price changes for paid Subscriptions will take effect at the beginning of the next subscription period after the date on which the price change was made. To the extent permitted by local law, if you continue to use the Service after the price change takes effect, it will constitute an acceptance of the new price. If you do not agree with the price change, you have the right to refuse the change and cancel the subscription to the Service before the price change takes effect. Therefore, be sure to read the price change notification carefully.
12 Term and termination.
The Contracts will continue to apply until you or Revistas Ya! they are rescinded. However, you acknowledge and agree that the indefinite license granted to you in relation to the User Content, including comments, is irrevocable and, therefore, will remain in effect after the expiration or termination of any of the Contracts for the reason whatever. Revistas Ya! You can terminate the Contracts or suspend your access to the service at any time, including the unauthorized use, whether real or assumed, of the service or its content or the breach of the Contracts. If you or Magazines Ya! Rescind the Contracts, or if Revistas Ya! Suspend your access to the service, you accept that Magazines Ya! will not be liable to you and will not refund any amount you have already paid, to the extent permitted by current law. For information on how to cancel your account Magazines Ya! , contact us through the Customer Service e-mail that is available previously informed. This section will be implemented to the extent permitted by applicable law. You can terminate the Contracts at any time.
13 Warranty and liability exemption
WE STRIVE TO PROVIDE THE BEST SERVICE POSSIBLE; STILL, YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY EXPRESSED OR IMPLIED AND WITHOUT ANY TYPE OF CONDITION. YOU USE THE SERVICE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, REVISTAS YA! AND ALL OWNERS OF CONTENT DO NOT MAKE ANY REPRESENTATIONS AND DISCLAIM ANY WARRANTY OR CONDITION OF OPTIMAL QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEVER MAGAZINES ALREADY! NOR THE CONTENT OWNERS WARRANT THAT THE SERVICE DOES NOT HAVE MALWARE OR OTHER MALICIOUS COMPONENTS. ALSO, Revistas Ya! DOES NOT REPRESENT, WARRANT, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR THIRD PARTY APPLICATIONS, THE CONTENT OF THIRD PARTY APPLICATIONS (OR THE CONTENT OF THIRD PARTIES), THE USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE PROMOTED OR OFFERED BY THIRD PARTIES IN THE SERVICE Magazines Already ! OR THROUGH THIS, OR ON ANY LINKED WEBSITE, OR THAT APPEARS ON ANY POSTER OR ADVERTISEMENT. YOU UNDERSTAND AND ACCEPT THAT Revistas Ya! IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND EXTERNAL PROVIDERS OF THIRD PARTY APPLICATIONS, PRODUCTS OR SERVICES PROMOTIONED OR OFFERED THROUGH THE SERVICE Revistas Ya! . AS WITH ANY PURCHASE YOU MAKE OF A PRODUCT OR SERVICE THROUGH ANY MEANS OR ANYWHERE, YOU MUST USE THE COMMON SENSE AND BE CAUTIOUS WHEN CORRESPONDS. NO SUGGESTIONS OR INFORMATION THAT YOU HAVE RECEIVED FROM JOURNALISTS NOW, WHETHER IN WRITING OR VERBALLY, WILL CONSTITUTE A WARRANTY ON BEHALF OF JOURNALISTS NOW! TO THESE EFFECTS. IT IS POSSIBLE THAT SOME ASPECTS OF THIS SECTION DO NOT APPLY TO SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR LEGAL RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF PROBLEMS OR INCONFORMITY WITH THE SERVICE IS TO UNINSTALL THE SOFTWARE AND TO STOP USING THE SERVICE. ALTHOUGH Revistas Ya! DOES NOT ASSUME ANY RESPONSIBILITY FOR THE APPLICATIONS OF THIRD PARTIES OR THE CONTENT OF THESE, AND ALTHOUGH YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY INDEPENDENT CONTRACTS HELD WITH THESE THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE SOLUTION REGARDING THIRD PARTIES. Revistas Ya! BEFORE ANY PROBLEM OR NON-COMPLIANCE WITH THE APPLICATIONS OF THIRD PARTIES OR THEIR CONTENT IS TO UNINSTALL AND DISCONTINUE USING SUCH APPLICATIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Magazines Already! , ITS AUTHORITIES, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, SUBSIDIARIES, SUBSIDIARIES, ASSIGNEES, SUPPLIERS OR LICENSORS WILL BE RESPONSIBLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, (2) FOR THE LOSS OF USE, DATA, BUSINESS OR PROFITS (DIRECT OR INDIRECT) THAT, IN ALL CASES, ARE RESULTING FROM USING OR NOT BE ABLE TO USE THE SERVICE, THE APPLICATIONS OF THIRD PARTIES, OR THE CONTENT OF THE APPLICATIONS OF THIRD PARTIES, REGARDLESS OF THE LEGAL FRAMEWORK, IMPORT THAT Revistas Ya! HAVE WARNED THE POSSIBILITY OF SUCH DAMAGES, AND EVEN WHEN A POSSIBLE SOLUTION DOES NOT MEET YOUR ESSENTIAL PURPOSE, OR (3) THE SET OF RESPONSIBILITIES FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS OR THE CONTENT OF THIRD PARTY APPLICATIONS BEYOND OF THE AMOUNTS PAID BY YOU DURING THE TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMITTED BY LAW.
15 THIRD PARTY RIGHTS
You acknowledge and agree that the owners of the Content and certain distributors (such as application store providers) will be considered beneficiaries of the Contracts and have the right to apply the Contracts directly against you. Except in the cases established in this section, the Contracts only grant rights to you and to Revistas Ya! and in no case, the Contracts will create rights of beneficiary third parties. Furthermore, the right to cancel, rescind or accept any variation, waiver or termination of the Contracts is not subject to the consent of another person.
If you downloaded the application from Apple's App Store, Inc. ("Apple") or if you use the application on an iOS device, you agree that you have read, understood and accepted the following notice about Apple. This Contract is between you and Revistas Ya! only, not with Apple, and Apple is not responsible for the Service or the content in it. Apple has no obligation to provide any maintenance and support service with respect to the Service. In the event that the Service does not comply with the applicable warranties, you must notify Apple, and Apple will refund the purchase price corresponding to the application and, to the extent permitted by applicable law, Apple will not have any obligation of guarantee regarding the Service. Apple is not responsible for claims made by you or third parties about the Service or your possession or use of the Service, which includes the following: (1) claims regarding civil liability in terms of products, (2) any claim that the Service does not satisfy in accordance with any legal or regulatory requirement and (3) claims arising under consumer protection laws or similar legislation. Apple is not responsible for investigating, defending, solving or eliminating third-party claims that the Service and your possession and use of the application infringe the intellectual property rights of the third party. You agree to comply with all third party terms when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement and by accepting this Agreement, Apple will be entitled (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you do not reside in a country that is subject to embargoes by the US government or that the US government has designated you as a "state that supports terrorism" and (2) that it is not included in no US government list of prohibited or restricted parts.
16 COMPLETE CONTRACT
Except in the cases stipulated in this section, or as explicitly agreed in writing between you and Magazines Ya !, those present constitute all the terms and conditions agreed between you and Magazines Ya! , and replace all previous contracts related to the subject matter of these Contracts, whether verbal or written.
However, keep in mind that other aspects of using the Magazines Now service! they may be governed by additional contracts. For example, access to the service for a gift card or for free or discounted tests. When you receive an offer for those aspects of use, you will be given an additional agreement and you may have to accept additional terms. Those additional terms will be notified to you in a timely manner. In the event there is an irreconcilable conflict between any of the additional terms and these Terms, the additional terms shall govern.
17 Severability and resignation.
Except as stipulated in these Contracts, if for any reason or to some extent, any clause of the Contracts is considered invalid or without enforcement, such invalidity or lack of enforceability will not affect or result in the invalidity or lack of enforceability of the Contract. rest of the clauses of the Contracts, and the application of said clause shall be enforced to the extent permitted by law.
The fact that Magazines Ya! or third party beneficiaries do not enforce the Contracts or the clauses of these, will not void the right of Magazines Ya! or of the corresponding third-party beneficiaries to do so.
Revistas Ya! may assign these Contracts or any of its parts, and may delegate any of its obligations under the Contracts. You may not assign these Contracts or any of its parts to third parties, nor may you transfer or sublicense your rights under these Contracts.
To the extent permitted by current law, you agree to indemnify and exempt Revistas Ya! against any damage, loss and expense of any kind (including reasonable attorney's fees and costs) that arise from the following: (1) violating this Agreement, (2) any User Content, (3) any activity in which you participate in the service or through it, and (4) infringe any law or the rights of third parties.
20 Applicable law, compulsory arbitration and jurisdiction
20.1 Act / jurisdiction in force
These T & Cs are subject to the laws of the states or countries mentioned below, without considering the principles of private international law.
In addition, you and Magazines Ya! accept the jurisdiction of the courts listed below to resolve any dispute, claim or dispute arising in connection with these Contracts (and any non-contractual dispute / claim arising therefrom or in connection therewith). (In some cases, the jurisdiction will be "exclusive," that is, no other court in the country may preside over the matter, have jurisdiction, in other cases, the jurisdiction is "non-exclusive," therefore, courts in other countries also they may have jurisdiction, this is also specified in the table).
Laws of Brazil
Exclusive; state and federal courts of São Paulo, São Paulo state, Brazil
United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay
State of California, United States
Exclusive; state and federal courts of the county of San Francisco, California, or of New York, New York
Laws of Sweden
Not exclusive; courts of Sweden
Revistas Ya! does not accept any code of conduct as mandatory related to the services provided under this contract.
20.2 COLLECTIVE CLAIM RESIGNATION
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Revistas Ya! THEY AGREE TO BE ABLE TO INITIATE A CLAIM AGAINST THE OTHER ONLY BY PERSONAL TITLE, NOT AS A PLAINTIFF OR CLASS ACTION CLAIMANT, IN ANY CLASS OR REPRESENTATION CLAIM. Except you and Revistas Ya! do so, no arbitrator or judge can accumulate more than one claim filed by a person or preside over any class action or representation lawsuit.
If you reside, live, have offices or commercial in a jurisdiction where this Section 20.3 may apply, the following compulsory arbitration clauses will apply:
20.3.1 Resolution of disputes and arbitrations
You and Revistas Ya! agree that, in the event of any dispute, claim or controversy that may arise between you and Magazines Ya! in relation to these Contracts or their relationship with Revistas Ya! as a user of the Service (whether by virtue of a contract, tort, statute, fraud, false declaration or any other legal framework, and if the claims arose during or after the cancellation of the Contracts) will be resolved by binding binding arbitration . Arbitration is more informal than a legal action before a court. IN AN ARBITRATION, THERE IS NO JUDGE OR JURY AND THE ARBITRAL FAILURE IS SUBJECT TO A LIMITED REVIEW BY THE COURT. Less evidence must be presented than in a court. The arbitrator must abide by this Contract and may grant the same kind and amount of compensation as a court (including attorney's fees), unless the arbitration does not grant judicial or declaratory relief that benefits any person except the parties related to the arbitration. This arbitration clause will remain in effect after the Contracts are rescinded.
If you have questions about the Magazines Now service! or the TyC's, contact the Customer Service through the e-mail provided for these purposes in these T & C's and on our website.
Thanks for reading our Terms. We hope you enjoy Magazines Now !.
Media Digital Holding OÜ
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