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The Legal Bits

TERMS OF PURCHASE AGREEMENT

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTION HEADED 'REFUNDS' AND 'LICENCE'.

This Terms of Purchase Agreement (the “Agreement”), is made by and between The Magazine Content Company Ltd (hereafter known as “Company”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”).

    By purchasing a Product (as defined below) from the Company, the Purchaser agrees to the following terms:

PRODUCT.    

Company provides styled editorial pieces (herein referred to as the “Products”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase. Purchaser’s purchase of the Product includes the ability to enter into agreements and/or make transactions electronically. PURCHASER ACKNOWLEDGES THAT THEIR PURCHASE CONSTITUTES THEIR AGREEMENT TO AND INTENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY RELATED AGREEMENT INCLUDING OTHER POLICIES AND CONTRACTS, AND TO PAY FOR PRODUCT. 

REFUNDS.  

Due to the digital nature of the product, and because instant access is granted as soon as the purchase is completed, no refunds are offered on purchases.

LICENSE.

By purchasing the Product, the Purchaser agrees to the following License:

Purchasers May:

  • Use editorial for personal or business use, online and in print.
  • Resize, crop or change editorial orientation.
  • Add filters or color overlays to suit their branding aesthetic.
  • Use the editorial for multiple businesses/blogs for which the member is the sole owner.

Purchasers May NOT:

  • Otherwise alter, edit or manipulate images supplied, or claim any images provided as their own.
  • Sell, loan, or give away the editoral or otherwise allow a third-party or franchisee to use the editorial in any way.
  • Transfer the editorial to clients/customers/franchisees, even if you have modified the design by adding text or graphics.
  • Transfer login credentials to https://magazine-content.myshopify.com  to a third party - whether a client, customer, or business partner without previous written consent obtained directly from The Magazine Content Company Ltd.

Legal Considerations: 

  • The Magazine Content Company Ltd remains the sole and exclusive owner and holder of the copyright of the editorial.
  • Customers acknowledge that The Magazine Content Company Ltd does not make any representations or assurances of non-infringement and does not make claim to have received releases from any brands, designers, or manufacturers for use of products, registered trademarks, logos or intellectual property portrayed in the editorial. Members agree that The Magazine Content Company Ltd shall be liable for any damages resulting from the use of any of the editorial provided. The Magazine Content Company Ltd shall not be liable for any claims related to, or resulting from, your use of the editorial, which may or may not have been modified by you, or combined with other content.

 

TRANSFER. 

Purchasers may not under any circumstances transfer files or login credentials to a third party - whether a client, customer, or business partner without previous written consent obtained directly from The Magazine Content Company Ltd.

NO GUARANTEE/WARRANTY.

Company sells Products 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.  

ASSUMPTION OF RISK. 

Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product. 

INDEMNIFICATION.    

Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including legal fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgements arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.

LIMITATION OF LIABILITY.

Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.

DISPUTE RESOLUTION.    

If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to binding arbitration.  The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Hampshire, England.  The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period.  The written decision of the arbitrators (which will provide for the payment of costs, including solicitors’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction.  

GOVERNING LAW.    

This Agreement shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

ENTIRE AGREEMENT; AMENDMENT; HEADINGS.  

This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.  No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.  The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

SEVERABILITY.

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

WAIVER.  

The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. 

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