SAFETY VIEW MAGAZINE SUBSCRIBER AGREEMENT
BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, JUST AS IF YOU HAD SIGNED THE SUBSCRIBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT PROCESS.
Please read all of the following terms and conditions carefully before completing the enrollment process and agreeing to this Agreement.
The Agreement sets forth the terms and conditions on which SAFETY VIEW MAGAZINE (The official magazine of OSHAssociation) will furnish you ("SUBSCRIBER") a limited non-exclusive, non-assignable license to access Safety View Magazine Online or Print publication subscription service (collectively the "SERVICE"), as the same now exists or is hereafter modified. By completing this enrollment process, you agree to be bound by the terms and conditions set forth herein, including but not limited to the payment terms and limitations on the use of our SERVICES.
1. Ownership and Use
Information received by SUBSCRIBER from the SERVICE is provided solely for the use of the SUBSCRIBER. Unless separately and specifically licensed to do so in writing by Safety View Magazine, SUBSCRIBER agrees not to re-transmit, disclose or distribute any of the information received from the SERVICE, to any other person, organization or entity. SUBSCRIBER expressly agrees that the SERVICE shall be used solely for the benefit of the SUBSCRIBER and data derived from the SERVICE (including print publications, if applicable) shall not be redistributed by SUBSCRIBER. SUBSCRIBER acknowledges that all information and content made available to SUBSCRIBER through the SERVICE, including but not limited to text, graphics, logos, news reports, articles, writings, listings, photographs, images, recordings, and directory information, are the exclusive property of Safety View Magazine or of third-party partners which have agreed to furnish such information to the SERVICE, and are fully protected by copyright law, including United Kingdom copyright laws and the copyright laws of other countries. All software used on the SERVICE is the property of Safety View Magazine or its software suppliers and protected by United Kingdom (UK) copyright laws and the copyright laws of other countries. SUBSCRIBER may use the information in the SERVICE under the following terms. SERVICE grants to SUBSCRIBER a personal, non-transferable license to use the data contained in the SERVICE for research, planning and marketing related purposes. SUBSCRIBER may not use the information for development of data-related products or services, the creation of any database product, or for data provision services.
2. Fees and Payment
SUBSCRIBER agrees to make periodic payments to Safety View Magazine in consideration for the SERVICE. SUBSCRIBER agrees that the length of the subscription period is determined by the subscription plan selected by SUBSCRIBER during the sign-up process. The periodic fees will be based on the rate schedule in effect at the time the subscribers signs up or renews. Any applicable sales or use taxes will be payable by SUBSCRIBER, and may be included in each periodic statement. SUBSCRIBER'S use of the SERVICE will be subject to credit limits established for SUBSCRIBER. For Automatic Renewal, it is understood and agreed that the features of the SERVICE are subject to change without notice to SUBSCRIBER. By completing the enrollment process, SUBSCRIBER acknowledges understanding that periodic charges will be billed to the SUBSCRIBER.
If SUBSCRIBER enrolls in Automatic Renewal of subscription, SUBSCRIBER will automatically be billed at the start of each new subscription period until SUBSCRIBER terminates subscription to SERVICE. SUBSCRIBER may terminate enrollment in Automatic Renewal at any time by emailing email@example.com. The SERVICE shall be deemed terminated on the last day, then in effect subscription period. SUBSCRIBER agrees that the subscription fee is non-refundable once paid.
3. Unauthorized Use
SUBSCRIBER agrees that any unauthorized use of the SERVICE (or any data derived therefrom) by SUBSCRIBER may result in immediate termination of the Agreement, without refund of any pre-paid fees. SUBSCRIBER represents and warrants that the information provided during the subscription process is true and accurate and agrees to update the information thereafter in the event of any changes. Safety View Magazine reserves the right to terminate SUBSCRIBER's access to the SERVICE in the event that SUBSCRIBER provides any false information to Safety View Magazine as part of the subscription process, without refund of any pre-paid fees. In the event of such termination, SUBSCRIBER will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which Safety View Magazine may be entitled.
4. Delays in SERVICE
Neither Safety View Magazine, nor its respective officers, directors, employees, affiliates, subsidiaries, or agents shall be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet failure, intranet failure, extranet failure, hardware or software defects, storms, strikes, walkouts, fire or other casualty damage, or other causes over which they have no direct control, or any loss resulting from the contents of the SERVICE, or any errors in the transmission thereof. Safety View Magazine will have no responsibility to provide SERVICE to SUBSCRIBER during interruptions of SERVICE.
This Agreement and the license rights granted hereunder shall remain in effect during the entire term of the Agreement. SUBSCRIBER may choose to cancel during the term of the Agreement. Regardless of the reason for cancellation or termination, the periodic access/subscription fees, per-article charges (if any), per-report charges (if any), and any other fees or charges previously paid by SUBSCRIBER are non-refundable. If SUBSCRIBER has made an advance payment for access, the advance payment paid by SUBSCRIBER is non-refundable, regardless of the reason for cancellation. Safety View Magazine reserves the right, at its sole discretion, to immediately terminate SERVICE upon failure of SUBSCRIBER to make payment when due or if SUBSCRIBER violates any of the terms and conditions of this Agreement. This Agreement is not assignable by SUBSCRIBER. There shall be no amendment or modification of this Agreement unless the same is in writing and signed by the Product Manager of the SERVICE.
SUBSCRIBER acknowledges and agrees that Safety View Magazine reserves the right to, and may from time to time, monitor any and all information transmitted or received through the SERVICE. Safety View Magazine, at its sole discretion and without notice to SUBSCRIBER, may review, censor or prohibit the transmission or receipt of any information which Safety View Magazine deems obscene, offensive or otherwise inappropriate.
7. Disclaimer Of Warranty
(a) Safety View Magazine, ITS AFFILIATES, SUBSIDIARIES, OFFICERS DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE EXCEPT AS SET FORTH IN THIS AGREEMENT.
SUBSCRIBER acknowledges that all information and services provided in connection with the SERVICE are compiled from and distributed by sources which are often beyond the control of Safety View Magazine, and it is understood and agreed that Safety View Magazine, its affiliates, subsidiaries, officers directors, employees, and agents make no warranty, expressed or implied, with respect to the information provided to SUBSCRIBER by the SERVICE. Safety View Magazine, its affiliates, subsidiaries, officers directors, employees, and agents also make no warranty of the continuous availability of the SERVICE. SUBSCRIBER, under this Agreement, agrees that use of the information provided shall be at SUBSCRIBER's sole risk.
SUBSCRIBER assumes the risk of errors and/or omissions in the information provided, and in its transmission or translation. SUBSCRIBER AGREES THAT IN NO EVENT SHALL Safety View Magazine, ITS AFFILIATES, SUBSIDIARIES, OFFICERS DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, COMPENSATORY OR SPECIAL DAMAGES.
(b) NOTHING IN THIS AGREEMENT WILL BE CONSTRUED AS ANY FORM OF WARRANTY OR REPRESENTATION BY Safety View Magazine, OR AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENSE OR RIGHTS, OTHER THAN AS MAY BE EXPRESSLY DEFINED HEREIN.
(c) Safety View Magazine MAKES REASONABLE EFFORTS TO OBTAIN ACCURATE AND UP-TO-DATE INFORMATION BUT Safety View Magazine ASSUMES NO LIABILITY FOR INACCURACIES IN ANY OF THE INFORMATION OR CONTENT MADE AVAILABLE TO SUBSCRIBER THROUGH THE SERVICE. Safety View Magazine, RESERVES THE RIGHT TO EDIT ANY INFORMATION OR CONTENT MADE AVAILABLE ON THE SERVICE BASED ON EDITORIAL JUDGMENT.
(d) SUBSCRIBER HEREBY ASSUMES ALL RESPONSIBILITY FOR DETECTING AND ERADICATING ANY COMPUTER VIRUS OR PROGRAMS WITH A SIMILAR FUNCTION THAT MAY BE PASSED TO SERVICE FROM SUBSCRIBER OR TO SUBSCRIBER FROM SERVICE THROUGH SUBSCRIBER'S USE OF THE SERVICE.
The provisions of this Section 7 shall survive termination of this agreement.
8. Agreement Governs
It is understood and agreed by and between the parties that if there is any conflict between this Agreement and SUBSCRIBER'S purchase order or any other document not signed by Safety View Magazine, this Agreement will govern.
9. Governing Law
This Agreement shall be governed by the substantive laws of the United Kingdom applicable to contracts made and performed in the United Kingdom and other countries, without regard to principles of conflict of laws. SUBSCRIBER hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action or proceeding.
10. Entire Agreement