Terms & Conditions

 

BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS (“TERMS”) BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT USE THIS WEBSITE, OR ANY PAGES THEREOF. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT N+1 FOUNDATION (THE “FOUNDATION,” “WE,” “OUR,” OR “US”) AT webmaster@nplusonemag.com.

General Use Restrictions

The Foundation, or third parties granting rights to the Foundation, holds all right, title, and interest in and to the information and content on this website (the “Website”). These materials, including, but not limited to, (i) the company names, trade names, logos, and designs (“Trademarks”) owned by the Foundation (including n+1); (ii) other trademarks appearing on the Website; and (iii) text, art prints, and audio content, are protected by copyright, trademark, and other intellectual property laws.

Just as we require users to respect our copyrights and trademarks, we respect the copyrights and trademarks of others. You may use such information and content and display and print out pages from this Website solely for your personal, non-commercial use, provided that any print-outs retain all copyright, trademark, and other proprietary notices.

Except as expressly authorized herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the information or content on this Website in any manner. You are expressly prohibited from using or misusing any Trademarks, except as provided in these Terms, and nothing otherwise stated or implied on the Website confers on you any license or right to do so.

Unauthorized use of this Website or misuse of any information or content posted on this Website is strictly prohibited. Unauthorized use of any Trademarks, including reproduction, imitation, dilution, or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. The limited permission granted by this Privacy Policy terminates automatically, without notice to you, if you breach any of these Terms.

Without limiting the foregoing, the use of the information and content on this Website on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of any such information and content, including, without limitation, framing this Website, or any of its pages, within another website, is prohibited without our express prior written permission.

By using our Website, or any of the products or resources that we provide on our Website, you agree to the terms of our Privacy Policy. If you do not agree to the Privacy Policy, you should not use our Website. Your continued use of our Website following the posting of changes to the Privacy Policy or these Terms and Conditions will mean that you accept those changes.

The Website is not intended for users under the age of 13, and we do not knowingly collect Personally Identifiable Information from users under the age of 13. Such users are expressly prohibited from submitting their Personally Identifiable Information to us.

Content is posted to the Website as of the date it is first made available and you agree we have no responsibility to update it even if subsequent developments make it no longer accurate or we learn about matters that may make the content inaccurate or misleading as of the date it was posted.

Email

If you send us an email, please be advised that the internet is not a secure method of transmitting information. We shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by email. For information regarding our use of your email address, please review our Privacy Policy.

Third-Party Interaction and Links to Third-Party Websites

Opinions and other statements expressed by contributors are theirs alone and not opinions of the Foundation. Content created by any contributor is the sole responsibility of the contributor and its accuracy and completeness are not guaranteed by the Foundation and by using the Website you agree to not hold the Foundation responsible for such content or any consequences of your reliance thereon.

As a convenience for you, this Website may contain links to third-party websites that are not under our control, or third parties may link to this Website. Links to or from a third-party website, whether provided by us or not, do not imply any affiliation between us and the website owner, or an endorsement, approval, or verification by us of any information or content available on such third-party websites. We do not periodically review these third-party websites and you agree that we are not responsible or liable for the accuracy or completeness of the content on any such third-party websites. These third-party websites may have a privacy policy different from ours and such third-party websites may provide less security than this Website. By providing access to other websites, we are not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked website.

Terms of Sale

Nothing on the Website constitutes a binding offer to sell, rent, auction, distribute, or give away merchandise, products, and/or services. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order or bid confirmation or after you have been charged. Any prices displayed on the Website are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event magazines, subscriptions, books, or other merchandise are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order or bid has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of merchandise, products and/or services, including without limitation Content, which you, your family, or any group seek.

Not all of the products described on this Website are available worldwide and we do not make any representation or warranty that you will be able to obtain the products described herein in your jurisdiction.

Images available on or through the Website of merchandise or products may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.

We may receive a commission, fee, and/or other compensation on some purchases made on, through, or linked for the Website.

We do not represent that the prices on the Website are below prices the same merchandise may be available elsewhere.

All sales on the Website are final. We will replace (or, at our option, refund the purchase price of) defective products if returned within 30 days of purchase. A return merchandise authorization must be obtained from the Foundation prior to shipping any return. All returns must be shipped with shipping prepaid and you will be responsible for the shipping costs of the return.

REFERENCE SHOULD BE MADE TO THE EXCLUSION AND LIMITATION OF WARRANTIES, THE LIMITATION OF LIABILITY AND OTHER MATTERS UNDER “DISCLAIMER OF WARRANTIES AND RELATED MATTERS” AND “NO LIABILITY” BELOW WHICH CONSTITUTES A PART OF THE TERMS OF ANY PURCHASE THROUGH THE WEBSITE.

Severability

If any provision or portion of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the Terms will be severable and will remain in effect to the extent consistent with the intent of the Terms.

DISCLAIMER OF WARRANTIES AND RELATED MATTERS

THIS WEBSITE AND ANY INFORMATION OR CONTENT CONTAINED IN THIS WEBSITE, AND MAGAZINES, SUBSCRIPTIONS, BOOKS, AND OTHER MERCHANDISE SOLD ON THIS WEBSITE (COLLECTIVELY, THE “PRODUCTS”) ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY TO THE FULLEST EXTENT PERMITTED BY LAW. WE, FOR OURSELVES AND ANY THIRD PARTY PROVIDING INFORMATION, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS WEBSITE OR THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION, PRODUCT, SERVICE, OR CONTENT CONTAINED ON THIS WEBSITE OR IN THE PRODUCTS AND WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION, CONTENT, AND PRODUCTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. CONTRIBUTORS, AND NOT THE FOUNDATION, ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY CONTRIBUTE TO THE WEBSITE, AND THE PRODUCTS, AND BY USING THE WEBSITE YOU AGREE NOT TO HOLD THE FOUNDATION RESPONSIBLE FOR SUCH CONTENT. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT, SERVICES, OR PRODUCTS THROUGH THIS WEBSITE AT YOUR OWN DISCRETION AND RISK.

WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; OR (iii) DEFECTS WILL BE CORRECTED. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY

IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR CONNECTED WITH THIS WEBSITE OR ANY LINKED WEBSITE OR THE PRODUCTS OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend the Foundation and our officers, directors, employees, agents, and representatives from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

DMCA Notice

The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, please notify this Website’s Designated Agent:

Webmaster
n+1 Foundation
PO Box 26428
Cadman Plaza Station
Brooklyn NY 11202
webmaster@nplusonemag.com

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(3)) before sending your claim.

Please do not send any other notices or communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

Terms of Use Revisions

We may modify these Terms or the information or content on this Website without notice at any time, and such modifications shall be effective immediately upon posting of the modified Terms, information, or content on this Website. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of this Website shall be deemed your conclusive acceptance of the modified Terms.

Privacy

These Terms include our Privacy Policy. Please read our Privacy Policy.

Governing Law, Choice of Forum, and Entire Agreement

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of New York, without giving effect to its principles or rules of conflicts of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms shall be filed only in the federal court located in the Southern District of New York if such court has jurisdiction, or in New York state court if it does not, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. This Agreement constitutes the entire agreement between the Foundation and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Foundation, or by the posting by the Foundation of a revised version.

Last updated: June 19, 2014