Updated October 15, 2012
1. Terms of Service
Welcome to 29th Street Publishing! Access to, browsing, and use of 29th Street Publishing’s apps (the “App”) and other 29th Street Publishing Internet services (together with access to, browsing and use of the App, the “Service”) are subject to the following Terms of Service (these “Terms”). Please read these Terms carefully. Creating an account with 29th Street Publishing or otherwise using the Service will signify that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and 29th Street Publishing, Inc. (“29th Street Publishing,” “we” or “us”). If you do not agree to these Terms, you may not use the Service. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF 29TH STREET PUBLISHING. PLEASE READ THESE TERMS IN THEIR ENTIRETY.
2. Description of Service
The Service is operated by 29th Street Publishing. The Service includes the App that provides you the capability to order, subscribe to, and receive digital content and products (collectively, the “Publications”).
3. Your Account
You agree to provide true, accurate, current, and complete information about yourself when you register with or order Publications from 29th Street Publishing, and to maintain and promptly update that information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
4. User Conduct
You may only use the Service for lawful purposes and in accordance with these Terms and the 29th Street Publishing License Agreement. 29th Street Publishing reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based upon any activity by a subscriber in violation of these Terms or applicable law.
5. International Users
The Service is controlled, operated and administered by 29th Street Publishing from its offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws that apply to you. You agree that you will not use the Service or any Publications accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations.
6. Intellectual Property
All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as the compilation thereof, and all software used on the App, is the property of 29th Street Publishing or its third-party content providers and protected by United States and international laws, including without limitation copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Each third-party content provider owns the copyright on content original to it including, without limitation, on the Publications delivered or otherwise made available to you through the Service. Except as permitted by the Publication’s lawful owner, you acknowledge that you do not acquire any ownership rights by downloading Publications accessed through the Service. Except as explicitly required under copyright law or permitted by the features of the Service, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party the content of the App, the Publications, or any portion of them without the express permission of 29th Street Publishing and the owner of such content. We do not grant you any licenses, express or implied, to the intellectual property of 29th Street Publishing or our third-party content providers, except as expressly authorized by these Terms.
7. Third-Party Content
29th Street Publishing is a distributor (not a publisher) of the Publications. Accordingly, we have no editorial control over the Publications. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in Publications offered by the Service, are those of the respective author(s) or publisher(s) and not of 29th Street Publishing. 29th Street Publishing does not guarantee the accuracy, completeness, or usefulness of any Publications, nor will we be liable for any loss or damage caused by your reliance on information obtained through the Service or from the Publications. The Service may contain links to other Internet sites and third-party resources. 29th Street Publishing does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order through a third-party site.
8. Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 29th Street Publishing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Disclaimer of Warranties
THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 29TH STREET PUBLISHING, ITS AFFILIATES, AUTHORS, PUBLISHERS, LICENSORS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER 29TH STREET PUBLISHING NOR ITS AFFILIATES, AUTHORS, PUBLISHERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINED IN THE PUBLICATIONS WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PUBLICATIONS OR THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. 29TH STREET PUBLISHING IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 29TH STREET PUBLISHING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 29TH STREET PUBLISHING NOR ITS AFFILIATES, AUTHORS, PUBLISHERS, LICENSORS OR AGENTS, SHALL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF 29TH STREET PUBLISHING FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO 29TH STREET PUBLISHING FOR THE PORTION OF THE SERVICE OR PUBLICATION GIVING RISE TO THE CLAIM.
You agree to defend, indemnify and hold harmless 29th Street Publishing, its licensors, suppliers and any third-party content providers and their respective directors, officers, employees, and agents from and against all claims, losses, expenses, damages, and costs, including attorney’s fees, arising out of or resulting from (a) your use of the Service or the Publications, (b) your violation of these Terms, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service or the Publications using your account.
29th Street Publishing retains the right, but not the obligation, to monitor the Service to determine compliance with these Terms and any operating rules established by 29th Street Publishing, and to satisfy any law, regulation, or authorized government request. Without limiting the foregoing, we retain the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of 29th Street Publishing’s licensors’ obligations.
29th Street Publishing may, in its sole discretion and without liability, terminate your use of the Service for any reason, including, without limitation, if 29th Street Publishing believes that you have violated or acted inconsistently with these Terms. Any termination of your access to the Service may be effected without prior notice, and 29th Street Publishing may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Sections 2, 4, 5, 6 and 8 through 16 shall survive termination of your right to use the Service.
14. Pricing and Tax
All pricing and tax on the App will be governed by Apple’s iTunes Terms and Conditions.
15. Our Address
29th Street Publishing, Inc.
134 W. 29th Street, Suite 907
New York, New York 10001
These Terms and the other rules, guidelines, licenses, and disclaimers posted on the App constitute the entire agreement between 29th Street Publishing and you with respect to your use of the Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the laws of the State of New York, without regard to the conflicts of laws principles thereof, and the parties submit to the exclusive jurisdiction of the U.S. federal and state courts located in New York City, New York. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
17. Notification of Changes
From time to time, 29th Street Publishing may revise these Terms to keep them up to date with 29th Street Publishing’s products and services. Please refer to the App periodically for any changes. The update date first written above is used to alert you to recent modifications. Your continued use of the Service subsequent to any such update will signify your assent to be bound by such changes.
(a) Information We Collect
Information collected online can generally be categorized as either non-personal information or personally identifiable information. Non-personal information is information that cannot by itself be traced back to a specific individual. Personally identifiable information is information you provide to us that is uniquely associated with you, such as your name, telephone number, address, tax information (such as a Social Security Number), credit card or electronic-payment system information, and email address (collectively, “Personally Identifiable Information”). The information (including Personally identifiable information) that we collect and store includes (a) information you enter on the App or give us in any other way, (b) information you provide us when you register for the Service, (c) billing and other information we collect when you purchase Publications through the Service, (d) additional information we collect at various times such as when you provide feedback, change your email preferences, respond to a survey, or communicate with 29th Street Publishing’s customer support, and (e) information collected automatically when you use the Service such as your IP address, the name and ID of your computer, mobile device, and other devices, your operating system, browser type and version, CPU speed, connection speed, and location information based on your IP address and as derived from GPS or similar features on your mobile device and other devices.
(b) How We Use the Information We Collect
We store your Personally Identifiable Information but do not provide it to any third parties. We use this information to provide the Service including sending you notifications and responding to customer support requests.
We will not disclose, sell, or exchange Personally Identifiable Information to or with anyone, without your approval, unless we believe disclosure is reasonably necessary to: comply with the law or legal process; protect or defend our rights or property, or the rights or property of others; enforce these Terms; or respond to claims that the content of any material on our system violates the rights of others. We will aggregate user information and perform statistical analyses of the collective characteristics and behavior of our members and visitors, to measure overall demographics and interests regarding specific areas of our domain and to analyze how and where to use our resources. We share general demographic and interest information with third parties, but such aggregate information is not personally identifiable. We also use the aggregate data collected to inform our sponsors as to the number of people who have seen and “clicked” on their advertisement. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or fall within a particular age range.
We use both session cookies and persistent cookies. Cookies help us determine how long users view particular content, which particular content (e.g., advertising) users view, which content or sites users link to, and which services members and visitors use. Persistent cookies are used if you choose to enable the auto-login feature. These cookies are randomly generated and uniquely assigned to each user. They are not associated with any Personally Identifiable Information such as name or password.
Session cookies help us keep track of when a person is logged in. Once a user is logged in, session cookies allow us to personalize information on the App for that user.
(c) Changing or Removing Your Information
We will communicate with you via email, to the email address(es) you provide to us. If you would like to cease receiving communications from us, you may either delete your account or notify us that you would no longer like to receive email communications from us by sending an email to this address, and informing us therein that you would no longer like to receive email communications: firstname.lastname@example.org.
If you are under the age of 13, please do not attempt to register with the App or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 13, please contact us.
20. Refund Policy
Your satisfaction is very important to us. However, in accordance with Apple’s iTunes Terms and Conditions, all sales are final and no refunds for purchases may will be issued to your iTunes account.