The Platform is defined as all content, services and products available at or through the Platform currently and in the future. Upon acceptance of these terms and conditions and once payment is received, you agree that the MagCreators course is deemed delivered. The Platform includes at a minimum the following:
1. For a period of one (1) year from the Effective Date, the Digital Magazine Course (the "Course"), which includes but is not limited to the following:
(a) The Mindset Mastery course, which is comprised of a series of 24 videos;
(b) The Magazine course, which is an 8-module recorded video series with associated worksheets and other content related to each individual module;
(c) Digital Magazine Templates
(d) One (1) Apple mobile application (the "Apple App") developed for use on devices powered by Apple's App platform per Apple.com's definition of what an Apple-compliant mobile software application is and that remains technologically current to work optimally on all of Apple's mobile device operating systems,
(e) One digital magazine (the "Magazine") and up to 12 unlimited Magazine issues (the "Issue") (collectively, the "Content") created by the Member that is/are uploaded promptly upon request by the Company to Apple Newsstand and Apple App Store (per Apple.com's definition of Apple Newsstand and Apple App Store), Google Play Store (per Google.com's definition of Google Play Store) and Amazon App store (per Amazon.com's definition of Amazon App store) for a period of one year
(f) sole and exclusive ownership and any and all intellectual property rights of and to the Apple App, Android App and Kindle App referred to in Paragraph 1(d) (including copyright, reproductions, characters and any and all derivative works) in all media. Intellectual property rights hereunder include all rights of paternity, integrity, disclosure, and withdrawal and any other rights that may be known as or referred to as “Moral Rights”. Company agrees that it is the mutual intent of the Company and the Member that all rights, title, ownership and interest, including copyright, in the Apps belong to and shall be vested exclusively in the Member upon receipt of full payment. Company hereby assigns any and all right, title and interest, including copyright and any electronic rights that Company may have in the Apps to the Member and the Member's successors and assigns; and
(g) The Platform fee does not include the Member's Apple iOS Developer Program account fee(s), which is currently an annual USD $99.00 fee; the Member's Google Play Developeraccount fee(s); and the Member's Amazon developer portal fee(s). The Member is required to buy, if/when applicable, and create said developer accounts and provide access to said developer accounts in order for the Company to fulfill its obligation to build the Apps and upload the Content created by the Member for publication. If the Member does not comply with said requirements, the Company is released from its obligation to build the Apps and, if applicable, upload the Content. The Google Play Developer account and Amazon developer portal account fees are currently similar to the Apple iOS Developer Program account fee. The Company advises to begin only with the Apple App and once the Member's Magazine is established on Apple Newsstand, the Member can then proceed with having the Android App and Kindle App built.
2. From the Effective Date, the Company will charge the Member the following additional fees, above the initial Platform fee:
(a) After 12 months from the effective date, you will be required to pay a USD $50.00 fee per Magazine “Issue” to uploaded to the MagCreators platform..
(b) If the Member wishes to publish a second magazine, MagCreators will charge a one-time USD $500.00 fee per App (or its equivalent currency or other amount that may be agreed upon outside of this Agreement for certain countries), that is USD$500.00 per Apple App, Google App and Kindle App as defined in Paragraph 1(d), per Magazine created by the Member above the initial one (1) Magazine created by the Member during the initial 1-year period from the Effective Date.
3. Your Platform Account. If you join the Company’s Platform by either paying online or signing a hard copy contract, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify the Company of any unauthorized uses of your account or any other breaches of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Company has strict security systems that monitor access, and any unusual IP address access to your account can result in a temporary suspension of your account while an investigation is underway.
4. Payments: All payments will be in $USD unless otherwise agreed to by the Company. The Company may provide paper order forms at live events where local currencies may be offered. Payment(s) for the Course and all future transaction(s) will be processed through MagCreators, Inc
5. Cancellation/Refund Policy: The Company will grant refunds for up to five (5) days following the Effective Date. The 5th day is 5 calendar days following the Effective Date. You agree that the MagCreators course is deemed delivered after 5 days. Please email our customer support team at firstname.lastname@example.org to request a refund. Failure to pay will result in collection proceedings, and all costs to recover the funds will be borne by you.
6. Terms of Participation
Members must be 18 years of age or older or paid for and supervised by a Parent or Guardian (unless authorized subject to paragraph 2 above). Members must provide the Company with accurate, complete and updated registration information, including an accurate name and email address. To the full extent allowed by applicable law, the Company at its sole discretion and for any or no reason may refuse to accept payment for membership to the platform. Members may not (i) activate or use more than one Member account; (ii) select or use an email address of another person; (iii) use a name subject to rights of another person without authorization from that person; (iv) use a false or misleading name, mailing address, or email address to activate or use a Member account; (v) permit, allow or share their Platform account with any other person. By signing this Agreement, Member is opting-in to receive other special offer emails from the Company. If you do not wish to receive these emails, you may unsubscribe at any time. The Company has the right, in its sole discretion, to suspend or cancel a Member’s Platform account at any time and for violating any of the terms and conditions contained herein or for any unethical behavior that may cause harm to the Company’s brand. The Company may report a Member to appropriate law enforcement agencies if any illegal actions are conducted and if deemed warranted. Member agrees not to abuse their Platform account privileges by acting in a manner inconsistent with this Agreement. Member agrees not to participate in any fraudulent behavior of any kind. The Company shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules. Any decision the Company makes relating to the cancellation and the termination of a Member’s Platform account shall be final and binding. Spamming is strictly prohibited. Any spamming done to advertise the Company will result in immediate termination of your account and a forfeiture of your Platform account access and all payments made to date. Incidents will be dealt with on a case-by-case basis. If a Member objects to any of the terms and conditions of this Agreement, or any subsequent modifications to this Agreement, or becomes dissatisfied with the Platform, said Member's only recourse is to immediately discontinue participation in the Platform and properly terminate their Platform account. Member is strictly prohibited from giving access to any other person whatsoever. A member who wishes to publish additional digital magazines in addition to their primary digital magazine may do so by purchasing spate Apps for each of the Apple, Google Play and amazon Kindle Apps. All additional digital magazine Apps will also be required to pay an upload fee of $100.00 per issue. Publishers are permitted to use their Developer account to upload multiple digital magazines and subsequent issues.
The Company owns All Company content and intellectual property and it is strictly prohibited to copy or download any content. The Company has specialized security features that can detect downloading and/or copying of its materials. Any suspicious activity will result in the suspension of a Member’s Platform account and an ensuing investigation. If the Company determines that any infringement has occurred, the Company will pursue all legal remedies to prosecute any violator. Additionally, the Company tracks all IP address logins and any out of pattern logins will be investigated. It is strictly prohibited for any Member to give out their login details to another person or entity. Such violation will result in immediate termination and a forfeiture of all payments made to date.
The Company may use a picture of your Magazine cover(s) for promotional purposes and your authorization for us to promote your Magazine in any of our marketing materials is granted unless you specifically request in writing that we do not promote your Magazine.
7. Responsibility of Members
You are entirely responsible for the content of, and any harm resulting from, Content you create or use in your digital magazine Apps.. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, video or computer software. By making Content available, you represent and warrant that: the streaming of any video or audio, copying and use of the Content including articles, photographs, etc. will not infringe on the author or photographer or videographer’s proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; you are responsible to obtain the rights to intellectual property of any contributor to your Magazine and any Content you create and you warrant that you have either (i) received permission from the owner to post or make available the Content, including but not limited to any software, or (ii) secured a waiver to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not obscene, libellous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party. Your website or sales pages are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods. Any Content you post is not named in a manner that misleads members into thinking that you are some other person or company.
Without limiting any of those representations or warranties, the Company has the right (though not the obligation) to and in the Company’s sole discretion (i) refuse any Member access to their account that, in the Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Company’s Platform to any individual or entity for any reason, in the Company’s sole discretion. The Company has no obligation to provide a refund of any amounts previously paid in such cases.
8. Responsibility of Website Visitors
The Company disclaims any responsibility for any harm resulting from the use by visitors of any Content created by a Member that is posted on other websites. The Company has not reviewed, and cannot review, all of the Content made available through a Member’s Platform account, and that link to the Company. The Company does not have any control over any Member’s Content, websites and web pages, and is not responsible for any Member’s Content and the use or application of any Member’s Content. By linking to a website or webpage, the Company does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Company disclaims any responsibility for any harm resulting from your use of the Platform and its web pages and files.
9. Intellectual Property
This Agreement does not transfer from MagCreators to you or any third party our intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MagCreators. The MagCreators logo, and all other trademarks, service marks, graphics and logos used in connection with the MagCreators Platform, or the website http://www.magcreators.com and registered trademarks of MagCreators and all copyrights are owned by MagCreators. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any MagCreators or third-party trademarks or copyrights. MagCreators owns all IP including its proprietary process of educating members on how to create, publish and monetize a digital magazine. Any Member caught using MagCreators processes for financial gain will be sued in a competent court of your residence and is strictly unauthorized to sell or gain financially from MagCreators proprietary processes unless authorized by MagCreators.
MagCreators reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. MagCreators may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MagCreators may terminate your access to all or any part of the Platform at any time, with cause and with notice. If you wish to terminate this Agreement or your MagCreators' Platform account (if you have one), you may simply discontinue using the platform. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Any person who is inactive on the Platform for more than six (6) months may be suspended due to inactivity and will be notified by MagCreators. Re-instatement will be permitted once the Member agrees to continue to upload at least four (4) digital magazines annually.
12. Disclaimer of Warranties
The Platform is provided “as is”. MAGCREATORS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MAGCREATORS nor its suppliers and licensors, makes any warranty that the Platform will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Platform at your own discretion and risk.
Should you purchase any courses, products, coaching or any service whatsoever from any third party guest trainer, lecturer, coach or advisor appearing as a guest on MAGCREATORS, you agree that you accept all risks with any purchase and hold MAGCREATORS harmless from any action you may take against the third party supplier and further agree that any disputes with third party suppliers, you will address solely with them. You agree that before buying any product or service from a third party supplier, it is your responsibility to conduct due diligence on that supplier and understand their terms & conditions on any purchase. MAGCREATORS does not endorse any third party supplier’s claims. MAGCREATORS will endeavour to present third party suppliers that have proven track records and have verified to our management their competencies and previous results prior to appearing on MAGCREATORS. However, once you make any purchase, you agree that any disputes or claims with a third party will become responsibility.
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MAGCREATORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MAGCREATORS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE Platform OR ANY TRANSACTIONS ENTERED INTO THROUGH THE Platform. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER MAGCREATORS NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE Platform OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF Member’s TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, MAGCREATORS uses appropriate industry standard procedures to safeguard the confidentiality of Member's personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of the Website's traffic to track abuse of the MAGCREATORS Website and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while MAGCREATORS strives to protect its Member’s personal information, MAGCREATORS cannot guarantee the security of any information that Members transmit to or from the participating advertisers/merchants and Member does so at his/her/their/its own risk. This Agreement constitutes the entire Agreement between Member and MAGCREATORS in connection with general membership in the MAGCREATORS Platform and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such right.
13. Limitation of Liability
In no event will MAGCREATORS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MAGCREATORS under this agreement during the twelve (12) month period prior to the cause of action. MAGCREATORS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty
You agree to indemnify and hold harmless MAGCREATORS, its contractors, joint venture partners, promoters, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, including but not limited to out of your violation this Agreement.