Access to, browsing and use of the HABIT Magazine website, Internet services and mobile device apps ("App") are subject to the following Terms and Conditions ("Terms"). Please read these Terms carefully. Creating an account with HABIT ("we", "us") or otherwise using any Habit Mag related service or App will signify that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and HABIT Magazine and afﬁliates. If you do not agree to these Terms, you may not use the Service. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF HABIT, SO PLEASE READ THESE TERMS IN THEIR ENTIRETY. The HABIT Mag website, Internet services and mobile device apps collectively constitute the "Service". HABIT reserves the right to immediately terminate your access to the website, Service or HABIT related app, if you do not comply with this agreement. This Service is owned and operated by HABIT Magazine. The Service includes the website www.Habitmag.com and the App that provides you the capability to order, subscribe to and receive the delivery of it’s digital and print magazines and publication related content (collectively known as "Publications") and to have these digital versions of the Publications delivered to you.
These Terms and Conditions and the other rules, guidelines, licenses and disclaimers posted on the Service (on the HABIT Magazine website or HABIT Apps) constitute the entire agreement between HABIT and you with respect to your use of the Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the State of FLORIDA.
From time to time, HABIT may revise these Terms and Conditions to keep them up to date with HABIT Magazine products and services.
By submitting and/or uploading any content to HABIT Magazine via this website (“User Content”) you certify, represent and warrant that you wholly own the User Content or have the sole and exclusive right to permit and license HABIT Magazine and its parents, members, managers, directors, shareholders, partners, representatives, subsidiaries, affiliates, sponsors, successors, assigns, heirs and licensees (collectively, “HABIT MAGAZINE" or us) to use, edit, publish and otherwise exploit your User Content and your name and likeness in connection with your User Content without any obligation or liability to you or any other party whatsoever. You shall be solely responsible for your User Content and the consequences of submitting and publishing your User Content.
When you provide us with your User Content, you give Habit Magazine a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable and transferable right (through multiple tiers) right and license to exercise any and all copyright, trademark, publicity and database rights that you have in the User Content in any and all formats or media now known or hereafter devised in the future. You also agree to and hereby waive all claims for intentional or unintentional acts or omissions, intellectual property, invasion of privacy, right of publicity, right of privacy, and defamation. You further hereby grant to HABIT Magazine the nonexclusive, irrevocable and unconditional right and license to describe, relate, broadcast, exhibit, transmit, publish, use, monetize, distribute and/or exploit your User Content in any such manner as HABIT Magazine shall elect, in whole or in part, on the internet, in print and electronic form, in merchandising, publicity and advertising, or in any other media now known or hereafter created or devised throughout the universe in perpetuity. For the avoidance of doubt, this shall include, without limitation, the right to submit and license (and sublicense) your User Content to third-parties including, but not limited to, television broadcast networks, cable stations, pay, pay-per-view, satellite or free television networks, television syndicators, home video distributors, podcast distributors, or any other third-party distributor ("Third Parties") for the further exploitation of your User Content in any format or media, including the development of a possible television and/or other audiovisual production.
You agree that HABIT Magazine and the Third Parties shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, duplicate, translate, reformat and/or reprocess your User Content in any manner HABIT Magazine or the Third Parties may in their sole discretion determine and to use it as HABIT Magazine or the Third Parties in their sole discretion may determine and to make derivative works of the same, in whole or in part, without notifying you and without obligation to you. You waive any right to inspect or approve the final display or other exploitation of your User Content now or in the future, whether that use is known to you or unknown, and you waive any right to royalties, or any other compensation arising from or related to the use of your User Content.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless HABIT Magazine, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to HABIT Magazine; (ii) your violation of any term of this Agreement; (iii) your violation or alleged violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
All User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on this website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not HABIT, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
These content standards apply to any and all User Content. User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
In addition to the above, we may provide certain guidelines concerning User Content, and your User Content may be rejected if it fails to adhere to such guidelines. Specifically, the guidelines found at XLINK TO UPLOAD PAGEX are hereby incorporated by reference.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
Please refer to the HABIT website and HABIT Apps periodically for any changes. The update date ﬁrst written above is used to alert you to recent modiﬁcations. Your access or use of the Service, subsequent to such an update, will signify your assent to be bound by such changes. If you have any questions regarding our terms and conditions, please email us at firstname.lastname@example.org.