Effective as of: May 21, 2021
- Ownership of Content
- Site Security Use Restrictions
SLAM takes the security of the Sites seriously. Therefore, in addition to the restrictions set forth elsewhere in these Terms, you may not:
- interfere or attempt to interfere with the proper working of the Sites or any activity or Service on the Sites by using any robot, “bot”, spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to the Sites or to any host or network;
- attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
- access or attempt to access any system or servers on which the Site is hosted or modify or alter the Sites in any way;
- upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
- restrict or prevent any other user from using any Site and/or any Products, Services, or Content posted on or offered through the Sites; or
- link to, frame, or otherwise reproduce any of the Sites without the prior written consent of SLAM.
SLAM reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
Copyright to all Content on the Sites is either owned by SLAM or is licensed to SLAM. No Content or other material from the Sites may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of a Product that you have purchased or subscribed for on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to download, copy or modify our Content or Products for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any of our Content or Products on any other website or networked computer environment is prohibited without the express written permission of SLAM.
- Procedures for Making Copyright Infringement Claims. Except as expressly provided above, nothing contained herein will be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via the Sites, please notify our designated DMCA agent immediately at: firstname.lastname@example.org or by mail at SLAM Media, 1091 Boston Post Road, Rye, NY 10580, Attention: Legal Department. DMCA Notices must be in writing and must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- the URL of the Site and a description of where the material that you claim is infringing is located on that Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.
- Trademarks and Proprietary Rights Notices
All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on the Sites are either owned by SLAM or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of SLAM. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Products or Content offered by, viewed on, or received through the Sites.
You must be over 13 years of age to use our Sites and in addition you must meet any age, geographic or other eligibility requirements specified at each Site to subscribe to a magazine, publication or Service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain Services at or areas of our Sites. By registering at those Sites, or for those features or Services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Site and vendor policies. If you are over 13 years of age, but under 18 years of age, by using the Sites, you represent and warrant that you have the express permission of your parent or guardian to do so.
- Online shopping
Some portions of the Sites also offer e-commerce opportunities. Different Sites may offer different options for visitors to purchase or subscribe to Products or Services either from SLAM or from a third party (see Section 11 below concerning Third Party Sites). SLAM does not guarantee that you will be satisfied with Products or Services purchased from us. SLAM does not design, make, or manufacture Products sold online, and only sells, distributes or ships Products from its own online stores. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither SLAM nor its vendors guarantee that all orders will be filled. All purchases of Products are subject to our Shipping and Returns Policies (https://slamgoods.com/pages/refund-exchange-policy).
- Subscription to Services
The Services allow you to subscribe for magazines, sign up for newsletters, opt in to text messaging and acquire other Products. SLAM may discontinue or revise any or all aspects of the Services at any time in its sole discretion. Fees to subscribe to the Services for specified periods of time (each, a “Subscription Period”), as applicable, are set forth on the Sites. You may become a subscriber to the Services for the relevant Subscription Period by registering through the Sites and paying the subscription fee for such Subscription Period. For new subscribers, the Subscription Period starts when you have submitted your registration form and provided valid payment details for your initial and recurring payments. You will be notified by email once your subscription is accepted.
The Sites also allow you to sign up for Services such as subscriptions through Zinio and Apple.
Your subscription will automatically renew at the end of each Subscription Period, unless you terminate your subscription at least ten (10) days before the end of the Subscription Period. You may terminate your subscription by calling us at 333-6411or by email emailing us at email@example.com, with such termination being effective at the expiry of the then-current Subscription Period. SLAM will not pro rate subscription fees for partial Subscription Periods or refund any previously paid subscription fees.
If you opt in to receive texts from SLAM, message and data rates may apply to such messages. You may unsubscribe from any of our online e-mail updates or newsletters by following the unsubscribe instructions in the body of any e-mail message. Similarly you may unsubscribe from any promotional or other text messages by following the unsubscribe instruction in the body of any text. Please be aware that some transactional emails and texts relating to your purchase of Products or Services may still be sent to you even if you unsubscribe.
The purchase of Products and subscriptions to Services generally require use of a valid credit card. SLAM and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific Services or Products. You are solely responsible for charges owed for all Products and Services purchased through the Sites, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs. Product prices and subscription fees are set forth on the Sites. All subscription fees stated on the Sites are exclusive of VAT (where applicable), sales tax, other applicable taxes and processing fees. SLAM may change the subscription fees for the Services from time-to-time by posting a notice of such change on the Sites or providing notice to you by email.
We (or our third-party payment processor) will authorize your credit card, bank account, or other approved payment facility you provided during the registration and/or purchase process for the full payment of the fees and any applicable taxes and you hereby consent to the same. All payments will be charged and made in U.S. dollars. We accept American Express, Discover, MasterCard, Visa, PayPal and AfterPay as methods of payment. You represent and warrant that all information provided by you, including your name, billing address, e-mail address and credit card, debit card, or other account charge authorization information, for your payment method are correct. If you pay by credit or debit card, by designating a card to be billed, you represent and warrant that you are authorized to make a such purchase and that you are the holder of such card. You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your registration information, including without limitation, your sign-in information and password.
Additional terms concerning cancellation of subscription Services are set forth in Section 8.
- Links and Third Party Sites
The Sites may contain links to and from third-party websites, including but not limited to websites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each website to be sure you understand the terms, conditions, policies and requirements of that website. SLAM does not endorse, and the inclusion of any link on the Sites does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and SLAM has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. SLAM has no control over: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. SLAM does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from any Site. You acknowledge and agree that SLAM has not reviewed all of the websites linked to or from the Sites, does not endorse such websites, is not responsible for such websites, and under no circumstances will be liable for the contents, products or services of any off-site pages or of any third party websites linked to or from the Sites. Your linking to any other off-site pages or other websites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.
- Disclaimer; Limitation of Warranties
Although it is SLAM’s intention for the Sites to be available as much as possible, there will be times when the Sites or delivery of the Products or Services will be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, SLAM reserves the right to remove any Content for any reason, without prior notice.
THE SITES AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SLAM NOR ANY OF ITS EMPLOYEES, SHAREHOLDERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “SLAM PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES OR THE CONTENT; (B) THE PRODUCT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SLAM OR VIA THE SITES. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SLAM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE SLAM PARTIES DO NOT ENDORSE THE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
- Limitation of Liability
IN NO EVENT SHALL ANY SLAM PARTY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITES, LINKS TO OR FROM THE SITES, INFORMATION POSTED ON OUR SITES, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PRODUCTS OR SERVICES. THE SLAM PARTIES WILL NOT BE LIABLE FOR ANY LOSSES YOU MIGHT SUSTAIN BY ENGAGING IN TRANSACTIONS WITH BUYERS OR SELLERS WHO YOU MEET AS A RESULT OF CLASSIFIED ADVERTISEMENTS POSTED ON ANY SITE. Some states do not allow the limitation of liability, so check local laws.
- Indemnity and Hold Harmless
You agree to hold SLAM and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at the Sites, any transaction occurring through the Sites, the safety or quality of any Products or Services purchased or sold through the Sites, or the truth or accuracy of any claim made about such Products or Services. California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”. Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or firstname.lastname@example.org of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.
- Termination of Services
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the Site, you must provide all notices or complaints to SLAM via e-mail to email@example.com or mail at SLAM Media Inc, 1091 Boston Post Road, Rye, NY 10580. All notices from SLAM to you will be sent to the e-mail address you provide to us. Notice will be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. SLAM reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice will be deemed given three (3) days after the date of mailing.
- General Provisions
© 2021 SLAM Media Inc.