Terms and Conditions

THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE PERIODICAL COMPANY INC. (“THE COMPANY”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE AND ACCESS TO THE WEBSITE AT PERIODICAL.CO (THE “WEBSITE”). BY USING OR ACCESSING THE WEBSITE, ANY AFFILIATED APPLICATIONS AND ANY SERVICES OFFERED THROUGH THE WEBSITE OR AFFILIATED APPLICATIONS (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE OR AFFILIATED APPLICATIONS OR SERVICES.

THE WEBSITE IS INTENDED FOR ALL USERS, INCLUDING CUSTOMERS AND POTENTIAL CUSTOMERS THAT (1) SEEK TO UTILIZE THE SERVICES TO CREATE A PUBLICATION OR APPLICATION AND/OR OFFER A PUBLICATION OR APPLICATIONS (“PUBLISHERS”) AND (2) SEEK TO UTILIZE THE SERVICES TO ACCESS PUBLICATIONS OR APPLICATIONS (“SUBSCRIBERS”). DIFFERENT SECTIONS OF THE WEBSITE AND TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.

ALTHOUGH THE COMPANY PROVIDES A SERVICE WHEREBY PUBLISHERS MAY CREATE AND OFFER PUBLICATIONS AND/OR APPLICATIONS, THE COMPANY IS NOT THE PUBLISHING PARTY AND HAS NO CONTROL OVER THE QUALITY OR AVAILABILITY OF ANY PUBLICATIONS OR APPLICATIONS ACCESSIBLE ON THE WEBSITE. TO THE EXTENT YOU MAY ELECT TO UTILIZE, PURCHASE OR OTHERWISE SECURE THE PUBLICATIONS OR APPLICATIONS OF PUBLISHERS, YOU DO SO AT YOUR OWN RISK.

Revisions, changes, and updates

We reserve the right to revise the information on this Website or otherwise change or update the Website, including these Terms and Conditions. Any changes to the Terms and Conditions shall be effective immediately upon posting. You agree to review these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Website will signify and shall constitute conclusive evidence of your continued agreement to these Terms and Conditions as they may be revised.

Privacy Policy

Any personal information you submit to the Website is governed by the Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the Website either for purposes of registering with the Website, submitting feedback about the Website, Services or any other users (including Publishers or Reads), or to receive further information, updates and promotions about or related to the Website and Services.

Elligibility

The Website and Services are intended solely for persons who are 18 years old or older. Any access to or use of the Website or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Website or Services, you represent and warrant that you are 18 years old or older.

Links

This Website provides links to other Websites that are not owned or controlled by The Company. We provide links to Third Party Websites as follows.

The Company provides links to Third Party Websites or third party services that may be of interest to you. We may not have any business relationship with the party that controls this type of Third Party Website and a link to such a site is offered only as a convenience to you.

The Company is not responsible for the content, security or the privacy practices of Third Party Websites. Please review the privacy statement and any terms of use of each Third Party Website you visit. Unless we specifically advise you otherwise, links to Third Party Websites do not constitute or imply endorsement by The Company of those sites, the information they contain or any products or services they describe. The Company does not receive payment or other remuneration in exchange for your linking to or using any Third Party Websites unless specifically designated.

Access, correction, and data integrity

Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by e-mailing us at legal@periodical.co.

User participation in interactive services

You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate, or violate any rights of any party. In consideration of being allowed to use The Company interactive services, you agree that the following actions, without limitation, shall constitute a material breach of these Terms and Conditions

  • Transmitting material that infringes or violates the intellectual property or contractual rights of others or the privacy or publicity rights of others.
  • Transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person or entity as determined by The Company in its sole discretion.
  • Using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
  • Collecting information about others, including e-mail addresses.
  • Interfering with or damaging our Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
  • Posting any materials or otherwise engaging in conduct at the Website in violation of any applicable local, state, national, or international law or regulation.
  • Using our Website or Services for any commercial or competitive purpose whatsoever without express, written permission from The Company.
  • Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof, without the express, written consent of The Company.
  • Taking any action with respect to the Website or the Services which we deem to be (in our sole and absolute discretion) inappropriate for, damaging to, or not in the best interest of, our Website, any of the Services or the best interests of our business.
  • Assisting any other party in doing or engaging in any of the foregoing conduct.

The Company expressly reserves the right, in its sole discretion, to terminate a user's access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of these Terms and Conditions. In addition to violating the Terms and Conditions, any of the foregoing actions on your part or on behalf of any entity you are employed or otherwise acting as an agent for involving intentional, unauthorized access of a protected computer or user accounts, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.

Disclaimer

THIS Website AND ITS CONTENT AND ALL SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD PARTY WebsiteS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY The Company OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THIS Website DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY The Company UNLESS EXPLICITLY STATED OTHERWISE.

Limitation of liability; choice of law

The Company AND ITS OFFICERS, DIRECTORS, AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THIS Website ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE Website, SERVICES, PRODUCTS, OR OTHER CONTENT OR INFORMATION CONTAINED WITHIN THE Website, AND/OR ANY THIRD PARTY Website, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Website, SITE-RELATED SERVICES, AND/OR THIRD PARTY WebsiteS IS TO STOP USING THE Website AND/OR SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.

Copyrights

Except as otherwise indicated, all content on this Website, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of The Company or its licensors and is protected by United States and international copyright laws. The Company allows you to view or download a single copy of the material on the Website solely for your personal, noncommercial use. Some content may require a paid subscription and is only available to those who have paid subscriptions.

Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by The Company. Content and features are subject to change or termination without notice in the editorial discretion of The Company.

The compilation of all content on this Website is the exclusive property of The Company and is protected by United States and international copyright laws. Unless specifically authorized in writing by The Company, any use of these materials, or of any materials contributed to this Website by entities other than The Company Inc., on any other Website or networked computer environment for any purpose is prohibited.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, The Company has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA at legal@periodical.co.

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Publishers

By publishing on The Company platform, you agree to these terms and conditions. If you create and distribute content on The Company platform, you agree to the following:

  • You will be charged a transaction fee and application fee for each subscription payment. The Company reserves the right to modify the pricing for these transaction fees and publishing services at any time, subject to compliance with applicable law.
  • All fees are charged and payable in full in advance unless The Company expressly agree otherwise. Payment is non-refundable, and non-transferrable. There will be no refunds or credits for partial periods of use or for not using your account. In connection with the sales of goods or services, the Website collects and remits sales tax as applicable and where required by U.S. law
  • You must pay us in one of the currencies stated on the Website. Payment can be made by the debit or credit cards shown on our site, or through PayPal. If you setup a regular or recurring payment, you authorize periodically charge your debit, credit or PayPal account on an ongoing basis using the payment details you provide until you tell us to change your method of payment – if you wish to change your method or payment, or change your payment details, please tell The Company as soon as you can so that The Company can try to implement the change before your next billing cycle.
  • All amounts payable to The Company for such fees will be made without setoff or counterclaim, and without any deduction or withholding arising from any payments due to Publisher for subscriptions or application purchases (as discussed in the “Publisher Payments” section below.)
  • Any content, written or otherwise that you publish on The Company website and apps does not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other individual or entity.
  • You grant The Company a world-wide, royalty-free, and non-exclusive license to reproduce, and publish your content.
  • If you delete your content, The Company will use reasonable efforts to remove the content from public display, but some references to the content and caching may still be available.
  • The Company has no obligation to post any content from you or anyone else and reserves the right, in its sole discretion, to remove any content that violates The Company’s policy or is in any way objectionable and may terminate use or deny access to any individual or entity for any reason.
  • The Company is not responsible for backing up your content. You agree that you are maintaining backups of your content on your system or a different service and assume the risk of any loss of content uploaded to the Website.
  • The Company has the right to terminate your subscription or your user account at any time, for any reason, and has no obligation to provide a refund for any amounts paid (subject to applicable law).
  • Your content does not contain threats to incite violence, does not violate the privacy or publicity rights of any third party, is legal to distribute and is not defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Your content is not named or displayed in a manner that misleads readers and subscribers into thinking you are a different person or company.
  • Your content does not contain or install any malware, viruses, worms, Trojan horses, or any other destructive content.
  • Your content is not spam or automatically generated, and that it does not content unethical content designed to direct traffic to third party sites.
  • You will not hold The Company financially liable for any problems that may arise with billing. This includes the loss of subscriber data, failed payments, charge backs, and any other type of billing problem.
  • Your content will not express or imply any endorsement by The Company of any views or opinions expressed in your publication or application.
  • You will select a username and password as part of the registration process and are solely responsible for the confidentiality and use of your username and password. You may not authorize any other user to access your account and must: (a) log off from your account at the end of each session on our Website; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
  • If you receive personal contact information of any of your subscribers such as email, name, phone number, or address, you agree to only contact such subscribers in lawful ways and to never claim to be working on behalf or as an agent of The Periodical Company Inc. You additionally agree to only send communications that are in compliance of the CAN-SPAM Act of 2003 and are subject to the same conditions set forth in our privacy policy which can be found at http://periodical.co/privacy.
App Publishing
  • In addition to the Publishers’ terms set forth in the preceding section, you agree to the following in connection with your purchase of an iOS app for your publication:
    • The iOS app fee is a setup fee to build and submit and app for your publication. This fee is subject to change. The Company reserves the right to charge app maintenance fees at its discretion in addition to the set up fee. Any failure to pay will mean your app will be removed from the store and no reviews or any other data will be saved.
    • The iOS app you purchase will be released under an Apple developer license controlled by The Company. You will have no access to The Company’s Apple Developer account.
    • The Company has the right at any time to remove your app from the app store and no reviews or any other data will be saved.
    • The Company reserves the right to make changes to the app and its functionality.
    • If your app is removed by Apple from the App Store for any reason, The Company is not required to issue any refund for your App.
    • To release an app on the iOS App Store, you additionally agree to the terms and conditions (including privacy policy) of the Apple Developer Program, which can be presently found on the Apple Inc. website via the following links:
    • http://www.apple.com/legal/internet-services/itunes/ww/
    • http://www.apple.com/legal/internet-services/itunes/us/terms.html
    • http://www.apple.com/privacy/
    Publisher Payments

    Certain Publishers may be entitled to receive payments tied to Subscribers who purchase subscriptions to Publications directly through the Website or individuals (including Subscribers) who purchase Applications made available through Apples’ iTunes store. The following terms govern payments to Publishers arising from such subscriptions/purchases:

    • All payments to Publishers shall be calculated based upon the publication, subscription or application price set by the Publisher. In the event the Publisher elects to offer the publication subscription or application at no charge (i.e. for “Free”), then no payments will be due to Publisher for any subscription or “purchase” (i.e. download) of such publication or application.
    • For subscriptions of Publications purchased through the Website, Publisher will received 80% of the total net amount (after deduction of US taxes and other applicable fees) paid by Subscribers to The Company.
    • For Applications purchased through the Apple iTunes store, the breakdown of the fees paid by purchasers of the Application to Apple shall be as follows: 30% paid to Apple, 10% paid to The Company and the remainder (60%) to the Publisher. For illustration purposes only, the payment breakdown for an application netting US$2.00 (after deduction of US taxes and applicable fees) would be as follows: $0.60 would be retained by Apple, $0.20 would be retained by The Company and the remainder ($1.20) would go to the Publisher.
    • In order to be eligible to receive payments from The Company, the Publisher must have and retain a PayPal account as The Company only processes payments through PayPal.
    • If payments from The Company to any Publisher exceed US$600.00, Publisher acknowledges and agrees that he or she must provide a US Tax Identification number (Social Security number or otherwise) to be eligible to receive any further changes.
    • No payments (whether for Publication subscription or Application purchases) shall be made to any Publisher unless and until the amount owed exceeds US$10.00.
    • Publisher payments shall be made on a monthly basis typically by the 30th day of the month following The Company’s receipt of the application subscription/purchase fees from the Subscriber/Apple.
    • Due to the payment cycles governed by Apple’s Terms through its iTunes stores, the payments to Publishers from Application purchases are subject to an additional delay of up to sixty (60) days beyond the ordinary monthly payment cycle described above.
    No Employment Relationship

    The Company is not an employment service and does not serve as an employer of any user (Publisher, Subscriber or otherwise). The Company is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Services. You understand and agree that, if The Company is found to be liable for any tax or withholding tax in connection with your use of the Services, then you will immediately reimburse and pay to The Company an equivalent amount, including any interest or penalties thereon.

    No Agency Relationship

    No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms and Conditions. Without limiting the foregoing, except as expressly set forth herein, The Company is not acting and does not act as an agent for any Publisher, Subscriber or any other user or visitor of the Services or the Website.

    Taxes

    You are solely responsible for complying with all applicable tax laws and regulations related to your use of the Website and Services. Without limiting the foregoing, each Publisher is solely responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in Publications or Applications. The Company is not responsible for any taxes related to your use of the Website or the Services.

    Subscribers

    By subscribing to any publication published through The Periodical Co, you agree to these terms and conditions:

    • You agree to pay the subscription fee on the same day every month. You may cancel your subscription at any time on The Company’s website. The Company has no obligation to refund any money from a cancelled subscription. After cancellation, you will continue to have access to the publication for the duration of that billing cycle.
    • All fees are charged and payable in full in advance unless The Company expressly agree otherwise. Payment is non-refundable, and non-transferrable. There will be no refunds or credits for partial periods of use or for not using your account. In connection with the sales of goods or services, the Website collects and remits sales tax as applicable and where required by U.S. law
    • You must pay us in one of the currencies stated on our site. Payment can be made by the debit or credit cards shown on our site, or through PayPal. If you setup a regular or recurring payment, you authorize periodically charge your debit, credit or PayPal account on an ongoing basis using the payment details you provide until you tell us to change your method of payment – if you wish to change your method or payment, or change your payment details, please tell The Company as soon as you can so that The Company can try to implement the change before your next billing cycle.
    • You have access to download and read content for only those specific publication(s) or applications you have subscribed or purchased through the Website and only for the duration of your subscription and only for your own personal and lawful use.
    • Subscribers may not reproduce, distribute, or publish content from any publications they have subscribed to without the consent of the Publisher.
    • You will select a username and password as part of the registration process and are solely responsible for the confidentiality and use of your username and password. You may not authorize any other user to access your account and must: (a) log off from your account at the end of each session on our Website; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
    • The Company has the right to terminate your subscription or your user account at any time, for any reason, and has no obligation to provide a refund for any amounts paid, unless otherwise provided under applicable law.
    Trademarks and Service Marks

    Users of this Website are not authorized to make any use of the The Company marks, including The Company logo, or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by The Company or the applicable third party.

    Notice to International Users

    The Website is hosted in the United States. If you are accessing the Website from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, you are transferring your personal data to the United States which does not have the same data protection laws as such other regions. By providing your information to and otherwise interacting with the Website or utilizing the Services, you are consenting to the transfer of your information to the United States for processing and maintenance in accordance with the Terms and Conditions (including the Privacy Policy). You are also consenting to the application of United States law in all matters concerning the Website and Services.

    Notice for Users in California

    This notice is for users of the Website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

    Governing Law & Exclusive Forum

    The Terms and Conditions will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. You acknowledge and agree that any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions, the Website or Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. You agree to submit to the personal jurisdiction of a state court located in Los Angeles County, California or a United States District Court located in Los Angeles, California in relation thereto. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Site from and even if you are accessing the Website or Services from outside of the United States of America.

    Miscellaneous

    The Terms and Conditions (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and Services provided related thereto and supersedes any prior or contemporaneous, conflicting or additional, communications. You may not assign these Terms and Conditions without the prior written approval of The Company. Any purported assignment in violation of this section shall be void. The Company reserves the right to use Third Party Providers in the provision of the Website and/or Services associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms and Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy.

    Contact

    If you have any questions about these terms, please contact legal@periodical.co

    Copyright © 2013 The Periodical Company Inc. All rights reserved.