Last updated: August 18, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the ArtMiamiMagazine.com website (the “Service”) operated by Art Miami Magazine (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
1. Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and
(ii) the information you supply to us is true, correct, and complete.
The Service may employ third-party services for the purpose of facilitating payment and completing Purchases. By submitting your information, you grant us the right to provide it to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
2. Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service.
We reserve the right to change or update information and correct errors, inaccuracies, or omissions at any time without prior notice.
3. Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules separate from these Terms. If you participate in any Promotions, please review the applicable rules and our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
4. Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card or PayPal, is required to process payment for your Subscription. You shall provide us with accurate and complete billing information, including your full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to such payment instruments.
Should automatic billing fail for any reason, we will issue an electronic invoice indicating that you must proceed manually with the full payment for the billing period as indicated on the invoice.
5. Fee Changes
We may, at our sole discretion, modify Subscription fees for Subscriptions at any time. Any change in Subscription fees will become effective at the end of the then-current Billing Cycle.
We will provide you with reasonable prior notice of any Subscription fee changes to allow you to terminate your Subscription before such changes take effect.
Your continued use of the Service after a Subscription fee change constitutes your agreement to pay the modified Subscription fee amount.
6. Refunds
Except when required by law, paid Subscription fees are non-refundable.
7. Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide is accurate, complete, and current. Inaccurate, incomplete, or outdated information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to accept responsibility for any activities or actions under your account, whether authorized or not. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
8. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Art Miami Magazine and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
9. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Art Miami Magazine.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.
You acknowledge and agree that Art Miami Magazine 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 the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
10. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Indemnification
You agree to defend, indemnify, and hold harmless Art Miami Magazine and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney’s fees) arising from:
(a) your use and access to the Service,
(b) a breach of these Terms,
(c) any action taken through your account.
12. Limitation of Liability
In no event shall Art Miami Magazine, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service;
(iv) unauthorized access, use, or alteration of your transmissions or content.
13. Disclaimer
Your use of the Service is at your sole risk. The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Art Miami Magazine does not warrant that:
(a) the Service will be uninterrupted or secure,
(b) any errors will be corrected,
(c) the Service is free of harmful components, or
(d) the results of using the Service will meet your expectations.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of those rights. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in effect.
15. Changes
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. By continuing to use the Service after the revised Terms become effective, you agree to be bound by the updated Terms.
16. Contact Us
If you have any questions about these Terms, please contact us at info@artmiamimagazine.com.
