WHEREAS, the parties hereto desire to enter into this agreement for the purpose of setting forth their mutual covenants and agreements with respect to GCSF providing issues of "MDJ: the Daily Journal for Serious Macintosh Users" ("MDJ"), "MWJ: the Weekly Journal for Serious Macintosh Users" ("MWJ"; the terms MDJ and MWJ, either individually or collectively to be referred to as the "publications") to Subscriber, and for the payment for same by Subscriber.
NOW, THEREFORE, in consideration of the foregoing recitals and mutual promises and covenants hereinafter contained, the parties agree as follows:
1. RULES AND DEFINITIONS
1.1. This Subscriber Agreement herein constitutes Subscriber's agreement with GCSF with respect to Subscriber's use of the publications. Subscriber must agree to abide by all of the terms and conditions contained in the Subscriber Agreement in order to become or remain an authorized Subscriber of the publications. This Agreement contains the whole understanding of the parties, and supersedes any and all prior oral or written representations and statements between the parties.
1.2. Acceptance of the publications' Issues electronically mailed to Subscriber constitutes Subscriber's acceptance of the terms and conditions of this Subscriber Agreement. GCSF reserves the right, at its discretion, to change, modify, add or remove portions of this Subscriber Agreement at any time. Notification of changes in service will be included in an issue of the publications, or sent via electronic mail ("E-mail"), or via postal mail.
1.3. If these Operating Rules or any future changes are unacceptable to Subscriber, or cause Subscriber to no longer be in compliance with the Subscriber Agreement, Subscriber may cancel subscription by sending E-mail to firstname.lastname@example.org (See Section 8 regarding Termination of Subscription). Subscriber's continued acceptance of the publications' issues now, or following the posting of notice of any changes in these Operating Rules, will constitute a binding acceptance by Subscriber of such rules, changes, or modifications.
2. SUBSCRIPTION TERMS
2.1. The charge for a subscription to the publications shall be as set forth in GCSF's posted rate schedule, a copy of which will be made available to all subscribers. GCSF reserves the right to change its rates upon seven (7) days notice to Subscriber, said notice given in the same manner as for notification of changes in services as set forth in 1.2 above. The new rates will become effective for each Subscriber for the next renewal period, as defined in 9.1, following notice.
2.2. Subscriber will provide GCSF with Subscriber's credit card number and expiration date, and hereby authorizes GCSF to charge to Subscriber's credit card the cost of the publications as set forth herein. Any other terms for payment, including checks or money order, are allowed solely at GCSF's discretion.
2.3. If Subscriber's credit card is rejected or payment for services otherwise not rendered in a manner acceptable to GCSF, this Agreement terminates along with any and all of GCSF's obligations hereunder.
2.4. Pursuant to the terms of this Agreement, Subscriber explicitly acknowledges that GCSF may publish fewer issues of the Publications than expected, so that GCSF may focus resources on providing in-depth coverage of Macintosh-related business and technical topics in the Publications. If the frequency of issues fails to meet Subscriber's needs, Subscriber may request a refund pursuant to Section 9.7 of this Agreement.
3. COPYRIGHT, OWNERSHIP AND LIMITATIONS
3.1. The contents of the publications are intended for the exclusive use of the publications' Subscribers. Individual subscriptions are intended for the personal, noncommercial use of Subscribers; Corporate subscriptions are intended for the internal use of the individual subscribing on behalf of the corporation.
3.2. All materials published in the publications' (including, but not limited to, news articles, photographs, images, illustrations, audio clips, video clips and software programs, also known as "The Content") are protected by copyright, and owned or controlled by GCSF, Incorporated, or the party credited as the provider of the content, software or other materials. Subscriber shall abide by all additional copyright notices, information, or restrictions contained in any Content contained in the publications.
3.3. The publications are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Subscriber Agreement or with the written consent of GCSF, Incorporated), create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, software, materials or Subscription in whole or in part.
3.4. Subscriber acknowledges that any submissions to the publications (e.g., letters to the editor, technical questions, reviews or commentary) may be edited, removed, modified, published, transmitted, and displayed by GCSF. In addition, Subscriber warrants that all moral rights in any submitted materials have been waived.
3.5. Nothing in this Section shall be taken to abrogate the "Fair Use" doctrine of United States or international copyright law.
4. AVAILABILITY OF RESOURCES
4.1. The publications contain links to World Wide Web Internet sites and resources. Since GCSF is not responsible for the availability of these outside resources, or their contents, Subscriber should direct any concerns regarding any external link to its site administrator or Webmaster.
5. REPRESENTATIONS; DISCLAIMER OF WARRANTIES AND LIABILITIES
5.1. Subscriber represents, warrants, and covenants that Subscriber is at least eighteen years old. Subscriber hereby indemnifies, defends and holds GCSF, and all officers, directors, owners, agents, information providers, authors, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by Subscriber or any reader of Subscriber's subscription of the Subscriber Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. Subscriber shall cooperate as fully as reasonably required in the defense of any claim GCSF reserves the right at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber.
5.2. The publications include facts, views, opinions, and recommendations of individuals and organizations deemed of interest. GCSF does not guarantee the accuracy, completeness, timeliness, or otherwise endorse these views, opinions, or recommendations.
5.3. Due to the number of sources from which news and information in the publications is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such news, information, and in the publications. The publications and all related content are distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The indemnified parties cannot and do not warrant the accuracy, completeness, currency, non-infringement, merchantability or fitness for a particular purpose of the news and information available through the publications, or the publications themselves. The Indemnified Parties shall not be liable to Subscriber or anyone else for any loss or injury, resulting either directly or indirectly from the use of the publications. In no event will the Indemnified Parties be liable to Subscriber or anyone else for any decision made or action taken by Subscriber in reliance on such news and information. The Indemnified Parties shall not be liable to Subscriber or anyone else for any damages other than direct damages (including, without limitation, consequential, special, incidental, indirect, or similar damages) even if advised of the possibility of such damages. Subscriber agrees that the liability of the Indemnified Parties, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the publications or the news and information in the publications shall not exceed the amount Subscriber paid to GCSF for the use of the publications. Subscriber hereby acknowledges that use of the publications is at Subscriber's sole risk.
6. SUBSCRIBING AND SECURITY
6.1. As part of the subscription process, at present or in the future, Subscriber may be assigned or asked to select a password to go with the subscription E-mail address or other identifying user name (collectively, the "GCSF User ID"). Subscriber shall provide GCSF with accurate, complete and updated subscription information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's subscription. Subscriber must not:
6.1.1. Select or use a GCSF User ID appearing to belong to another person with the intent to impersonate that person;
6.1.2. Use a GCSF User ID subject to the Rights of any person other than Subscriber without authorization.
6.2. Security measures
6.2.1. Subscriber shall notify email@example.com of any known or suspected unauthorized use of Subscriber's subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Subscriber's password or credit card information.
6.2.2. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's password. Subscriber will never be required to reveal Subscriber's password to any representative or agent of GCSF.
6.3. Subscriber must be 18 years or older to subscribe to the publications; however, persons of all ages may use them. As such, Subscriber may share Subscriber's GCSF User ID and password with others in accordance with Section 6.4 below.
6.4. Each Subscriber is responsible for all usage of the publications' issues received as part of a subscription and for all usage or activity conducted with Subscriber's GCSF User ID, including the use of any GCSF or publication content by any third party authorized by Subscriber to use Subscriber's GCSF User ID. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Subscriber's subscription, at GCSF's sole discretion, and Subscriber may be referred to appropriate law enforcement agencies.
7. COMMUNICATIONS AND PRIVACY
7.1. GCSF warrants that neither GCSF nor its agents will disclose Subscriber's name, address, E-mail address, telephone number, credit card number or information about the start and duration of Subscriber's subscription to any third-party vendor without the prior permission of Subscriber.
7.2. GCSF reserves the right to send electronic mail to any and all Subscribers, in addition to the delivery of issues of the publications for the purpose of informing them of changes or additions to this Subscriber Agreement, or to inform them of other GCSF products and services, should there be any.
7.3. GCSF reserves the right to disclose information about Subscriber usage and demographics in forms that do not reveal Subscribers' personal identities.
8.1. Subscriber's subscription will continue until terminated by GCSF or by Subscriber. GCSF may discontinue or change the publications, or their individual or collective availability to Subscriber, at any time, and Subscriber may always terminate Subscriber's subscription at any time.
8.2. Subscriber may terminate Subscriber's subscription at any time by sending E-mail to firstname.lastname@example.org. Upon termination, Subscriber will cease receiving issues of the publications through electronic mail within 24 hours, and access to any information provided through a GCSF User ID will be suspended within 24 hours. Subscriber is responsible for all charges incurred up to the time the subscription is deactivated, pursuant to Section 9, "Refund Policy".
8.3. GCSF may, in it sole discretion, terminate or suspend Subscriber's access to all or part of the publications for any reason, including, without limitation, breach of the Subscriber Agreement, or assignment of the Subscriber Agreement by Subscriber.
9. REFUND POLICY
9.1. A "renewal period" is an integral number of months between one and twelve inclusive, chosen by Subscriber when subscribing to a Publication. The number of months allowed in a renewal period is at GCSF's sole discretion.
9.2. Subscriber acknowledges that the publications' subscriptions are charged to Subscriber's credit card every renewal period, usually near the same day of the month as the day of the month when the subscription originally started.
9.3. While Subscriber may cancel at any time pursuant to Section 8, Subscriber explicitly acknowledges that no refunds will be given to Subscriber upon Termination of Subscription, except as provided in this Section.
9.4. If Subscriber is unable to receive issues of the publications in a timely manner due to Internet problems that are not the fault of GCSF or of Subscriber, Subscriber may request a change of E-mail address for delivery of issues. If such changes do not resolve the problem, GCSF reserves the right to terminate Subscriber's subscription.
9.5. In any situation where GCSF terminates a Subscriber's subscription, or where Subscriber terminates said subscription, GCSF shall issue a prorated refund for issues in the current calendar month that will not be delivered, based on a target of four issues of MWJ per month and fifteen issues of MDJ per month. Determination of which issues were delivered is solely at GCSF's discretion.
9.6. In certain instances where Subscriber's Renewal Period is longer than one month, and GCSF has agreed to accept money "on account" to pay for future calendar months, any money accepted for calendar months after the present one shall be refunded to Subscriber upon Termination of Subscriber's subscription. GCSF is not obligated to refund any money to Subscriber for the current calendar month, except as is set forth in this section.
9.7. If the quantity of issues in any given calendar month does not meet Subscriber's needs, Subscriber may request a refund for that calendar month no later than seven days after the end of that month. Such refund may be granted at GCSF's sole discretion. Such refund may also, at GCSF's sole discretion, include money held "on account" for future calendar months as described in Section 9.6, thereby Terminating Subscriber's subscription to the Publication(s).
10. DELIVERY OF ISSUES
10.1. "Delivery" of an issue of the publications shall consist of electronically mailing the issue to Subscriber at the E-mail address provided at the time of subscription.
10.2. Subscriber acknowledges that the Internet is an imperfect medium, and that service outages or other problems not caused by either GCSF or Subscriber may prevent any issue from reaching Subscriber's electronic mailbox. In such cases, Subscriber may request GCSF to re-send that day's issue at no extra charge. GCSF reserves the sole right to determine when resending issues constitutes an inability to deliver the publications.
10.3. If GCSF determines that a particular E-mail address is unsuitable for delivery, Subscriber shall provide GCSF with an alternate E-mail address for delivery of issues. Failure to supply a different E-mail address may result in Termination of Subscriber's subscription.
10.4. GCSF's obligation to deliver an issue of the publications as part of a subscription shall be completely fulfilled for each issue when it is electronically mailed to Subscriber, regardless of whether or not said issue arrives in Subscriber's mailbox in a timely fashion, or at all.
10.5. Nothing in this Section shall be held to limit GCSF's ability to provide additional copies of any issue in an attempt to resolve Subscriber problems. Such attempts are, however, at GCSF's sole discretion.
11.1. This Agreement, Subscriber's rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Oklahoma, as if the Agreement was a contract wholly entered into and performed wholly within the County of Canadian, State of Oklahoma. The United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement.
11.2. Official correspondence must be sent via postal mail to:
P. O. Box 1021
El Reno, Oklahoma 73036-1021
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