1. ACCEPTANCE OF TERMS
Deekins, LLC ("Deekins") welcomes you. Deekins provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.deekins.com/terms-of-service.html.
2. DESCRIPTION OF SERVICE
Deekins clears magazine subscription orders to publishers on behalf of customers (the "Service"). You understand and agree that the Service may include certain communications from Deekins, such as service announcements, administrative messages and the Deekins Newsletter, the latter of which, you will be able to opt out of receiving. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. SERVICE LIMITATIONS
You acknowledge, consent and agree that the Service is limited to providing your order to the pertinent publisher, and does not include the delivery of your magazine(s). Deekins is not responsible for the delivery of your magazine(s) once a publisher has acknowledged your order is on file, and has confirmed the mailing address that you provided during your original order. Deekins processes only single term (oftentimes one (1) year) subscriptions to print magazines, and you acknowledge, consent and agree that should you place multiple orders at the same time for the same magazine, it will be at the discretion and responsibility of the publisher as to how to process your duplicate orders, providing you multiple copies of the same issue throughout a single subscription term, or providing a multiple term subscription. You acknowledge, consent and agree that Deekins is not responsible for the validation of address information that you provide in conjunction with the Service, and is not responsible for any delays in processing that are a result of you providing inaccurate address information to Deekins. You acknowledge, consent and agree that Deekins is not responsible for updating your address information with a publisher.
4. MODIFICATIONS TO PRODUCTS
Deekins reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the magazines Deekins displays on this website. Deekins reserves the right to process a refund of your original purchase price for any magazines that it cannot fulfill due to the modification or discontinuation of the magazines that Deekins carries. You acknowledge, consent and agree that Deekins is not responsible for a publisher’s decision to cease publication of any magazine, and because Deekins prepays publishers to clear its magazine subscription orders, no refund or replacement subscription can be provided by Deekins to customers who experience a magazine ceasing publication, regardless of the number of issues received, if any. It is at the discretion and responsibility of the publisher to choose to provide customers a replacement magazine title.
6. CUSTOMER CONDUCT
You acknowledge, consent and agree that Deekins may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Deekins, its users and the public.
You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected.
You agree to indemnify and hold Deekins and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
Unless explicitly stated otherwise, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. MODIFICATIONS TO SERVICE
Deekins reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Deekins shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Deekins shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Deekins has no control over such sites and resources, you acknowledge and agree that Deekins is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Deekins shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. DEEKINS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Deekins or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEEKINS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEEKINS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEEKINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Deekins may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
17. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Deekins and governs your use of the Service, superseding any prior agreements between you and Deekins with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Deekins services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Deekins shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and Deekins agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
Waiver and Severability of Terms. The failure of Deekins to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.