TERMS & CONDITIONS
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This website may contain privileged and/or confidential information concerning the description and layout of our magazine. It is intended solely for the use of the addressee or members participating in the development, writing, article submission, design, advertising, promotion, or any activity related to our various social network platform. We have no connection to, or affiliation with any other online platform.
If you are not the intended recipient, or member, you are strictly prohibited from disclosing, copying, distributing or using any of this information. If you received this communication in error, please contact the sender immediately and destroy the material in its entirety, whether electronic or hard copy.
This communication may contain non public personal information about marketing processes or platforms and are subject to the restrictions of the Gramm-Leach-Bliley Act. You may not directly or indirectly reuse or re-disclose such information for any purpose other than to provide the services for which you are receiving the information.
This site is copyrighted 2015. All rights are reserved and are protected, and is the property of ROmnis Magazine, and ROmnis Media. All information sent out via our media kit, draft magazine copies, pre-release magazine issues, topic lists, writers guidelines, and other information to advertisers, writers, promotions individuals, companies, service providers, publishers, distributors, retail establishments, and any one who receives this document understand that this is the property of ROmnis Magazine, and ROmnis Media. The ideas and concepts, and information contained in this site are the sole property and are owned by ROmnis Magazine, and ROmnis Media.
By visiting any of our platform sites, pages, or digital publications, (Please note: your IP addresses are recorded for content and subscriber protection), or if you are just receiving this document, you are agreeing to these terms. Records are kept on communication between corporate and vendors, sponsors, users, members, and others for NDA purposes.
WHAT IS THIS?
Read it carefully before signing up for any service, or using any item or content or page on this site and in all ROmnis online, publishing, channels, distribution, or establishment properties to ensure that you understand and agree to all parts.
Last Updated: 9/28/2015
THIS TERM OF USE WEBSITE SERVICE AGREEMENT ("Agreement") is made and effective as of the date
of acceptance, by and between you ("Client") and ROmnis.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties (you) hereto agree as follows:
2. PAYMENT AND INVOICING
2.7 In addition, ROmnis may institute special trial offers on this web site and through out the ROmnis family of companies properties, from time to time, that information shall be reflected in the confirmation letter sent to (you) the Client (Web Site User) upon sign up. If ROmnis does not receive the full amount of (you) the Client's (Web Site User) Service account balance within three (3) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to (you) the Client's (Web Site User) bill and shall be due and payable. (you) the Client (Web Site User) shall also be responsible for all attorney and collection fees arising from ROmnis' efforts to collect any unpaid balance of (you) the Client's (Web Site User) account(s), and ROmnis may terminate (you) the Client's (Web Site User) account immediately without further notice to (you) the Client (Web Site User).
3. RESPONSIBILITIES AND RIGHTS OF ROmnis
3.2 Support. ROmnis shall provide a reasonable level of technical support to (you) the Client (Web Site User) via email or Web page for the term of this Agreement and the products and services purchased by the client (Web Site User) from our web sites.
4. RESPONSIBILITIES AND RIGHTS OF CLIENT
4.2 (You) the Client (Web Site User) Registration Data), including (you) the Client's (Web Site User) legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). (you) the Client (Web Site User) agrees to notify ROmnis within thirty (30) days of any changes in (you) the Client's (Web Site User) Registration Data. ROmnis will keep all personal information and data confidential and will not sell or release any such data to any outside firm or individual other than those authorized to oversee this information in order to operate the companies within the ROmnis family of companies. For the purpose of customer service and to ensure proper security of such data for the individual customer.
4.8 Management of this Site. (you) the Client (Web Site User) shall be solely responsible for all content or items purchased and made available on or through its site in relation to their use or publication of their individual content, and shall at all times be subject to the terms of this Agreement, ROmnis' then-standard Terms of Service ("TOS") and any generally applicable guidelines and service standards published by ROmnis. (You) the Client (Web Site User) understand we warrant that our site, along with our content and the content published by our firm and sites owned by this firm, is hosted on the ROmnis various networks (i) will conform to the ROmnis TOS Standards - attached hereto to be referred to as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, US patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. ROmnis shall have no obligations with respect to the content available on or through any site hosted on the ROmnis network, including, but not limited to, any duty to review or monitor any such content. ROmnis reserves the right to block any site that violates any of the above-stated terms, or which in ROmnis' sole discretion, ROmnis deems objectionable or offensive, or otherwise violates a law or ROmnis policy, or, in the alternative, to terminate this Agreement in accordance with Section herein.
4.10 Proprietary Rights. Unless otherwise specified, all work performed hereunder by ROmnis, is the property of ROmnis, and all title and interest therein shall vest in ROmnis. To the extent that title to any such works may not, by operation of law, vest in ROmnis all rights, title and interest therein are hereby irrevocably assigned to ROmnis. All such materials shall belong exclusively to ROmnis, and ROmnis shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof except where indicated in writing between the Client and ROmnis. Client agrees to give ROmnis and any person designated by ROmnis such reasonable assistance, in this area at ROmnis' expense, as is required to perfect the rights defined in this paragraph.
4.11 Marketing Rights. ROmnis agrees that ROmnis may refer to (you) the Client (Web Site User), during the course of providing any type of services, content creation services, consulting services, or other type of services on behalf of and to the (you) the Client's (Web Site User) business to be placed into ROmnis marketing materials, in order to ensure that (you) the Clients (Web Site User) product or services are properly placed on to the ROmnis website, distributed properly in our marketing communications, and in the delivery of communications to ROmnis' current and prospective customers seeking to potentially purchase the (you) the Clients (Web Site User) products or services from the ROmnis website. Therefore the (you) the Client (Web Site User) grants ROmnis a limited license and permission to use any (you) the Client (Web Site User) trade name and/or trademark for such, and only for such, purposes upon the initiation of services or assistance from ROmnis.
5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER
5.1 Limitation. In the event that any limited guarantees are provided by ROmnis, such limited guarantees are null and void if (you) the Client (Web Site User) fails to follow ROmnis' TOS and other policies or otherwise breaches this Agreement in any respect.
(You) the Client (Web Site User) agrees to indemnify, defend and hold ROmnis and its affiliates, agents, employees, and licensor's (including the third party service providers to our firm and (you) the Client) (Web Site User) harmless from any and all claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of (you) the Client's (Web Site User) violation of this Agreement, State or Federal Securities laws or regulations, or any other person's rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to (you) the Client, (Web Site User) and the respective liability of ROmnis and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of (you) the Client's (Web Site User)remedies under this Agreement fail, then (you) the Client (Web Site User) expressly agrees that under no circumstances will the total, aggregate liability of ROmnis and its third party service providers, employees, distributors, agents or affiliates, to Client (Web Site User) or any party claiming by or through Client (Web Site User) for any cause whatsoever exceed $100 (US), regardless of the form of action and whether in contract, statute, tort or otherwise.
7.2 For Cause. In addition to any other rights it may have under this Agreement or applicable law, ROmnis may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) (you) the Client's (Web Site User) breach or failure to comply with the TOS or other policies of ROmnis. (You) the Client (Web Site User) may terminate this Agreement if ROmnis breaches any material term or written notice of same. If this Agreement is terminated by ROmnis under this Section, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, ROmnis reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which ROmnis believes in its sole discretion to be illegal or potentially harmful to others or may expose ROmnis to harm or liability.
7.4 Survival. The following provisions will survive any expiration or termination of the Agreement: Section 4, 5, 6, 7, and 8.
8.1 Assignment. (You) the Client (Web Site User) may not assign this agreement, contract, product sale, service consultation presentation, or other materials related to the use or service of this site or the products and services contained within the scope of our firm or in the use of this site. Nor shall any of (you) the Client's (Web Site User) rights or obligations hereunder can be reassigned without the prior written consent of ROmnis, and any such attempted assignment shall render any agreement or contract between (you) the Client (Web Site User)null and void. And (you) the Client (Web Site User)shall be liable for any financial damages or other damages as deemed appropriate by a court of law. This Agreement shall be binding upon the parties' respective successors and permitted assigns.
8.2 Notices. Any notices or communication under this TOS Use Agreement for this site or any site owned by this firm shall be in writing and shall be deemed delivered to the party receiving such communication at the e-mail address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after being replied to via email, or via a electronic signing application. Or a deposit with a commercial overnight carrier, as expressly advised by our staff as to where and to whom such notice should be delivered to depending on which department your purchase or contract service falls under and with written verification of receipt; (3) and or signed agreement between (you) the Client, (Web Site User) and us the firm within five business days after the e-mailing date, whether or not received by our staff, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by and confirmed email back to (you) the Client.(Web Site User)
If general subscriber send notice to ROmnis: Insert your contact info in the body of the email. Reference any issue, and correspondence email@example.com – Subject header: Billing, (add account number) or issue.
If professional client, publisher, or other business client:firstname.lastname@example.org – Subject header: Billing, (add account number) reference any contract number and reference contract contact, and your contact in the body of email.
(You) the Client (Web Site User)address provided at account set-up.
8.3 Governing Law. This Agreement, and all future agreements (you) the Client (Web Site User) may enter into with ROmnis, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with ROmnis in California or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Client (Web Site User)agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of California. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed sever-able and will not affect the validity and enforceability of any remaining provisions.
8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
8.6 Sever-ability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable,
the enforceability of remaining provisions shall be unimpaired.
8.8 Users, Consumers, Customers, Independent Contractors. The parties to this Agreement and use of this site or any site owned by this firm are considered as users, consumers, customers, or independent contractors (publishers-content creators) depending on what service or use is being requested or completed on behalf of the User, Consumer, Customer, or Independent Contractor. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
8.11 Entire Use of Services, TOS, and Agreement. This Agreement, TOS, use of services, and the exhibits reference herein, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.
8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.
Any questions regarding this agreement should be sent to ROmnis' administrative department via our email at email@example.com prior to signing up for any service or the purchase of any product or ticket.
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