Habit

Terms And Conditions

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. 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. The HABIT Mag website, Internet services and mobile device apps collectively constitute the "Service". 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.

  1. Certain portions of the Service are available only to individuals who have registered with and obtained a password from HABIT. ******** By registering with HABIT, you certify that you are at least 18 years of age or older. While registering with HABIT, you should provide true and accurate data which includes that of your geographical location, personal details, billing information, etc. The accountability for maintaining and updating this data lies solely with you. HABIT reserves the right for terminating the account for untrue or inaccurate data at any time if found or proved. The responsibility for maintaining the confidentiality of the password and the account information rests entirely with you. You agree to immediately notify HABIT of any unauthorized use of your password or account or any other breach of security.
  2. You will maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
  3. Without prior written or authorized permission from HABIT Mag, you should not modify, copy, distribute or sell any content obtained from HABIT as everything published here is the proprietary property of HABIT or its licensors. As such unauthorized use may also violate applicable laws including copyright and trademark laws, HABIT strictly prohibits these and will terminate your access and account if any such illegal activity is proved or detected. You should also stand liable for the damages caused by these unauthorized activities. Except as permitted by the Publication's lawful owner, you acknowledge that you do not acquire any ownership rights by downloading Publications accessed through the Service. Except as explicitly required under copyright law or permitted by the features of the Service you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party the content of the App, the Publications, or any portion of them without the express permission of HABIT and the owner of such content. We do not grant you any licenses, express or implied, to the intellectual property of HABIT or HABIT licensors
  4. HABIT reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based upon any activity by a subscriber in violation of these Terms or applicable law.
  5. You agree not to misrepresent geographical locations, use proxies, use IP spoofing or by any other means to hide the origin of any message you send or purchase you make through the service. You agree not to pretend as any other individual or identity.
  6. The Service is controlled, operated and administered by HABIT from its offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws that apply to you. You agree that you will not use the Service or any Publications accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations.
  7. HABIT reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that HABIT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
  8. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HABIT NOR ITS AFFILIATES, SUPPLIERS LICENSORS, OR AGENTS SHALL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF HABIT FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO HABIT FOR THE PORTION OF THE SERVICE OR PUBLICATION GIVING RISE TO THE CLAIM. You agree to defend HABIT, its employees and its affiliates from all claims, demands, actions, damages, costs and liabilities arising out of your use or misuse of the Service.
  9. Your satisfaction is very important to us. However all sales are final and no refunds in full or in part will be issued 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.

User Content and License

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 (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.

In connection with your User Content, you affirm, represent, and/or warrant that: (i) you are over 18 years of age; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize HABIT Magazine to use all patent, trademark, trade secret, copyright, publicity or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by HABIT Magazine and these terms of use, without the consent of any third parties; (iii) you have not exclusively granted or assigned or otherwise transferred the rights in and to your User Content to any third parties; (iv) there are no claims, litigation, or other proceedings pending or threatened which could in any way impair, limit or diminish the rights in and to the User Content granted hereunder; (v) you are granting the rights in and to the User Content granted hereunder with the knowledge and understanding that HABIT Magazine or the Third Parties may incur substantial expense in reliance thereon; and (vi) uploading or posting User Content shall constitute your signature and acceptance of this Agreement and these terms and have the same effect as if you had signed such an Agreement containing these terms.

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.

USER CONTENT STANDARDS

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 own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contents do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, 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:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, our Guidelines, and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

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:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

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 contact@habitmag.com.

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