About: Terms of Service
Using MagCloud means agreeing to the terms outlined below. They were written by lawyers, but don't let that stop you from reading them. If you have any questions, please contact us.
These terms were last changed: 09 Jan 2013
Other Applicable Terms:
IF YOU ARE LOCATED OUTSIDE THE UNITED STATES, YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL STATUTORY OR CONSUMER LAWS, WHICH PROVIDE YOU WITH OTHER REMEDIES. TO THE EXTENT THAT THESE TERMS ARE INCONSISTENT WITH THE STATUTORY LAWS OF THE COUNTRY WHERE YOU ARE USING THE MAGCLOUD NETWORK, THESE TERMS ARE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH LOCAL LAW REQUIREMENTS.
Additional Definitions for UK and Canadian users of the MagCloud Network:
References to “Consumers” in these Terms mean individuals who are using the MagCloud Network for use outside of their trade, business or profession (“Consumers”). References to “Business” users in these Terms mean individuals who are using the MagCloud Network for business purposes and not as a Consumer
Use of MagCloud Network
The Service allows you to: (a) upload to the Site, magazines and similar publications you create (each a “User Publication”), publish your User Publications on the Site (for general public or restricted private viewing), and sell and distribute copies of your User Publications to other users of the MagCloud Network (in which case you may be referred to herein as a “Publisher”); and (b) purchase User Publications published by yourself or other Publishers. You may not distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, create derivative works of, or otherwise exploit the MagCloud Materials or any other aspect of the MagCloud Network, and, as between you and HP, HP owns the MagCloud Network, in each case except for your own User Publications or User Feedback (as defined below) to which you have all necessary rights. The MagCloud Network is protected under United States and international copyright laws. Any unauthorized use of the MagCloud Network may violate copyright, trademark, and other laws.
Publication and Purchase Terms
Your offer of User Publications is subject to the Publication Terms, which explain what it means to publish your User Publications through the Service and how you will be compensated as a Publisher if you sell any copies of your User Publications that you have published through the Service. Your purchase of User Publications is subject to the Purchase Terms. Both the Publication Terms and the Purchase Terms are incorporated by reference into, and are an important part of, these Terms. Please review these documents carefully.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the MagCloud Network and for paying all charges related thereto. In order to publish or purchase User Publications or to post User Feedback through the MagCloud Network, you will need to open a MagCloud Network account. When you register to open a MagCloud Network account, or when you contact HP through the MagCloud Network for the purpose of receiving products or services, HP may collect certain personal information about you (e.g., your name, postal address, telephone number and email address), (collectively, “Personal Information”). You agree that HP may use such Personal Information in accordance with the provisions of the HP Online Privacy Statement. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your MagCloud Network account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your MagCloud Network password and you are solely responsible for all activities that occur under your password. You agree to notify HP immediately of any unauthorized use of your password or any other breach of security related to the MagCloud Network. HP reserves the right to require you to change your password if HP believes that your password is no longer secure. HP may use third-party service providers to perform all or any portion of the Service or other activities in connection with the MagCloud Network; provided however, that HP shall require such third-party service providers to comply with the terms of the HP Online Privacy Statement to the extent such third-party service providers receive your Personal Information.
You agree not to use the MagCloud Network (including, without limitation, any User Publication, User Feedback, or other information or data you may obtain through your use of the MagCloud Network): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual, including through abuse of any violation flagging or reporting mechanisms made available through the MagCloud Network; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the MagCloud Network or servers or networks connected to the MagCloud Network. You further agree not to: (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the MagCloud Network; or (f) attempt to gain unauthorized access to any portion of the MagCloud Network or any other accounts, computer systems, or networks connected to the MagCloud Network, whether through hacking, password mining, or any other means.
HP may terminate, suspend, or modify your registration with, or access to, all or part of the MagCloud Network, without notice, at any time and for any reason. You may discontinue your participation in and access to the MagCloud Network at any time. Please contact MagCloud Customer Service if you wish to close your MagCloud Network account. If you breach any of these Terms, your authorization to use the MagCloud Network (including without limitation, permission to access your MagCloud Network account) automatically terminates and you must immediately destroy any downloaded or printed MagCloud Materials (and any copies thereof) other than any User Publications you have properly purchased and paid for in accordance with these Terms or which you are otherwise lawfully entitled to retain (provided that you continue to comply with these Terms to the extent applicable to your use of the User Publications you have purchased through the Service).
THE MAGCLOUD NETWORK IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MAGCLOUD NETWORK IS WITH YOU. SHOULD THE MAGCLOUD MATERIALS PROVE DEFECTIVE, YOU, AND NOT HP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. HP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE MAGCLOUD NETWORK (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HP MAKES NO WARRANTY THAT THE MAGCLOUD NETWORK WILL MEET YOUR REQUIREMENTS OR THAT THE MAGCLOUD NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE MAGCLOUD NETWORK WILL BE CORRECTED. HP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MAGCLOUD NETWORK OR AS TO THE ACCURACY, RELIABILITY, QUALITY, COMPLETENESS, OR SUITABILITY OF ANY INFORMATION (INCLUDING WITHOUT LIMITATION, USER PUBLICATIONS AND USER FEEDBACK) OBTAINED THROUGH THE MAGCLOUD NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE MAGCLOUD NETWORK OR FROM HP, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (EACH A “MAGCLOUD PARTY”) SHALL CREATE ANY WARRANTY. HP DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE MAGCLOUD PARTIES BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE GREATER OF ANY MARK-UP PAYMENTS DUE TO YOU UNDER THE PUBLICATION TERMS OR ONE HUNDRED UNITED STATES DOLLARS ($100) (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE MAGCLOUD NETWORK (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE MAGCLOUD NETWORK, INCLUDING WITHOUT LIMITATION, ANY USER PUBLICATIONS AND USER FEEDBACK), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY MAGCLOUD PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any MagCloud Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the relevant MagCloud Party’s liability shall be the minimum required under such applicable law.
Other agreements; software
HP may provide products (such as hardware or software) or services (such as hardware or software installation, maintenance, repair or training) under the terms of a separate agreement between you and HP (each, an “Other Agreement”). HP’s obligations with respect to any product or service that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available for download or use through the MagCloud Network (“Software”), such as Software for creating User Publications for publication through the Service, is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you have first agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be MagCloud Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to MagCloud Network
HP reserves the right to modify, suspend, or discontinue the MagCloud Network at any time, and for any purpose, without notice to you. For example, HP may make changes to the MagCloud Materials and/or Service, or to the products and prices described in them, at any time without notice. The MagCloud Materials and Service may be out of date and HP makes no commitment to update the MagCloud Materials and Service whatsoever.
Certain areas of the MagCloud Network (e.g. blogs or magazine ratings and review areas) may permit you to submit feedback, comments, suggestions, ideas, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials other than a User Publication (each, a “User Feedback”). By submitting a User Feedback, and as a condition of using the Service, you grant to HP an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to: (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Feedback (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (b) use (and permit others to use) your User Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that HP deems appropriate in its sole discretion (including, without limitation, to incorporate your User Feedback (or any modification thereto), in whole or in part, into any technology, product, or service). HP reserves the right to display advertisements in connection with User Feedback and to use User Feedback for advertising and promotional purposes.
User Publications and User Feedback
HP may, but is not obligated to, pre-screen User Publications and User Feedback or monitor any area of the MagCloud Network through which User Publications and User Feedback may be submitted. In addition, HP may, but is not obligated to, provide users of the MagCloud Network with the ability to flag or otherwise report User Publications and User Feedback that violate these Terms. Nevertheless, you agree that you are solely responsible for all of your User Publications and User Feedback. HP is not required to host, display, or distribute any User Publications or User Feedback on or through the MagCloud Network and may remove at any time, or refuse any User Publications or User Feedback, for any reason. HP is not responsible for any loss, theft, or damage of any kind to any User Publications or User Feedback. HP does not want to receive any User Publication or User Feedback that contains any confidential information. You understand and agree that all User Publications (even those that you limit to restricted viewing) and User Feedback will be considered non-confidential and, in the case of User Feedback (but not User Publications), non-proprietary. HP will be free to disclose your User Publications (except for those you limit to restricted viewing in accordance with the procedures posted on the Site) and User Feedback to any third-party without any obligation of confidence on the part of the recipient. HP is not responsible for any unauthorized disclosure of your User Publication by a user to whom you granted access. In addition, HP does not guarantee that you will have any recourse through HP or any third-party to edit or delete any or all User Publications and User Feedback you have submitted.
User Publications and User Feedback are created by Service users like you, and do not necessarily reflect the opinions, views or position of HP. The Publisher who publishes a User Publication through the Service determines the content, look, and feel of the User Publication. HP simply prints, sells, and distributes such User Publication as a service to the Publisher. Accordingly, HP is not responsible for the content, design, formatting, layout, or style of the User Publication, or any grammatical errors, spelling mistakes or any other User Publication-related issues.
You understand that if you include any of your Personal Information in any User Publication or User Feedback, that Personal Information will be visible to anyone who buys or sees your User Publication or User Feedback and you hereby authorize HP to publish such Personal Information on your behalf. You must not include any Personal Information belonging to a third-party without that third-party’s express prior permission, or the permission of their parent or legal guardian if he or she is under eighteen (18) years old, in each case to the extent such permission is required by Law.
You understand that HP has no obligation to store, archive or back-up any User Publications or User Feedback provided by you, and it is your sole responsibility to retain copies of your own User Publications and User Feedback for your own future reference and use.
User Publication and User Feedback Representations and Warranties
By submitting any User Publication and/or User Feedback, you represent and warrant that:
- you are at least eighteen (18) years old and a U.S., Canadian or UK resident;
- you own or have otherwise acquired all necessary rights in your User Publications and User Feedback (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Publications or User Feedback) to use (and permit others to use), distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and otherwise exploit your User Publications and User Feedback, and to grant to HP the rights in your User Publications and User Feedback described herein (and you agree to deliver to HP promptly upon request copies of all consents and other documents granting you such rights);
- you are not aware of any claims, causes of action, or other legal proceedings that have commenced, are reasonably anticipated or likely to commence, or are threatened, relating to any User Publications or User Feedback that you submit through the MagCloud Network;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Publications and User Feedback;
- you are the individual pictured and/or heard in your User Publications and User Feedback or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Publications and User Feedback, to the extent required by Law and as otherwise necessary to grant the rights to HP described herein;
- you voluntarily agree to waive all “moral rights” that you may have in your User Publications and User Feedback, to the extent such moral rights might conflict with the rights granted by you to HP herein;
- your User Publications and User Feedback do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third-party;
- any factual information contained in your User Publications and User Feedback is not known by you to be false, inaccurate, or misleading;
- your User Publications and User Feedback do not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Publications and User Feedback are not, and may not reasonably be considered to be, defamatory or libelous; hateful; racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening or harassing to any person or entity; vulgar, pornographic, or obscene; or invasive of another person’s privacy;
- no third-party has paid or will pay you money or any other form of consideration for submitting your User Feedback;
- your User Publications and User Feedback contain no materials that reference other web sites, addresses, email addresses, contact information, or phone numbers (other than your own), in violation of any applicable Law, including without limitation, any applicable privacy laws;
- your User Publications and User Feedback do not promote or contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Feedback do not contain any information that you consider proprietary, and your User Publications and User Feedback do not contain any information that you consider confidential;
- your User Publications and User Feedback do not contain any advice or instruction (including without limitation any recipe) that, if used or relied upon, poses any risk of personal injury, death, or property damage; and
- your User Publications and User Feedback do not promote, contain or constitute any junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unauthorized advertisement or solicitation that violates any Law. To avoid doubt, your User Publications may include bona fide commercial advertisements to the extent these are permitted by Law.
You agree not to submit to the MagCloud Network any User Publications or User Feedback for which any of the foregoing representations and warranties are or may be untrue.
Links to third-party websites
Links on the MagCloud Network to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the MagCloud Network. HP is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, HP does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the MagCloud Network, you do this entirely at your own risk.
Linking to the Site
You may create links to the Site from other websites, but only in accordance with the following terms and in compliance with all applicable Laws.
Absent HP’s written authorization otherwise, a website that links to the Site:
- may link to, but shall not replicate, any MagCloud Materials (including any MagCloud or HP logo) except that you may replicate any User Feedback or User Publications in which you hold all necessary rights;
- shall not create a browser or border environment around any MagCloud Materials on the Site;
- shall not imply that HP endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with HP;
- shall not present false or misleading information about HP, its products, or its services;
- shall not contain content that reasonably could be considered to be defamatory or libelous; hateful; racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening or harassing to any person or entity; vulgar, pornographic, or obscene; or invasive of another person’s privacy; and
- shall contain only content that is appropriate for persons over thirteen (13) years old.
Referral Program Rules
How It Works
As a registered member of the MagCloud community, you may participate in the Referral Program (the “Program”). If you do not agree to accept and abide by the Referral Program Rules (the “Program Rules”), you should not participate in the Program and you will not be paid for referrals. HP reserves the right, in its sole discretion, to alter, modify, discontinue or terminate all or any part of the Program, or your participation in the Program, at any time without prior notice to you. Your continued participation in the Program affirms your acceptance of the Program Rules, including any changes or modifications made by HP. If at any time these Program Rules are no longer acceptable to you, you should immediately cease participation in the Program.
By participating in the Program, you agree to actively refer potential members to MagCloud. For each Qualifying Referral, as defined below, you will earn a referral fee of $10 (the "Fee").
You also acknowledge and agree that as a member of MagCloud referring potential members to the Site, you may not also be a member of any affiliate marketing network or any other organization or entity that agrees to pay, give, distribute, reward or otherwise provide any kind of benefit to you, in any manner whatsoever, for bringing or referring potential members to the Site.
A "Qualifying Referral" is one that MagCloud determines meets all of the following criteria:
- there must be bona fide purchases or sales by the New Publisher of her published content totaling $25 or more for which payment is received by MagCloud and is not reversed or otherwise cancelled as a potentially fraudulent transaction; digital sales and publisher markup will not be counted toward the New Publisher’s $25 spending threshold, only Print Production Revenue.
- the New Publisher must reach the Site by clicking on a link (to a MagCloud web page, publication or publisher profile) that was created by you while you are logged into the Site with one of MagCloud’s built-in sharing tools (a "Referral Link");
- the New Publisher must have cookies enabled on her browser when clicking on your Referral Link to the Site, when reaching the Site, and when registering for MagCloud membership; and
- the cookie that was placed on the New Publisher’s computer when clicking on the Referral Link must still be enabled when the New Publisher registers on the Site. This means that the New Publisher’s membership registration must occur within thirty (30) days of clicking the Referral Link in order to count as a Qualified Referral.
Payment of Fees
Using the reporting tool provided on the Site, you can request a payout when you have earned at least $10 in Fees. You must have a PayPal account associated with your MagCloud account. All Fees that are payable will be credited to your PayPal account by the tenth day of the following month and may be adjusted to reflect actual receipts or artificial transactions in accordance with the terms of the Program or MagCloud's discretion. Fees shall be net of applicable taxes or withholdings required by applicable law, overpayment of Fees in a prior period, legal and other reasonable costs incurred in enforcing these Program Rules and any other amount owed by you to MagCloud under the Terms or otherwise. MagCloud reserves the right to refuse any New Publisher application or purchase transaction in its discretion for any reason without notice or any communication to you. At this time, Referral and Publisher earnings cannot be combined and will be paid out separately. Payment of Fees and amendments to the Program are at the sole discretion of MagCloud. MagCloud will maintain a Referral Stats page in the Referral section of your MagCloud account where you can see information about how many Qualifying Referrals you have made. Except to confirm that a Qualifying Referral was successfully completed, under no circumstances shall MagCloud be required to provide you with any information or updates regarding the New Publisher. You acknowledge that you are responsible for paying any applicable taxes related to your receipt of any Fees and that HP has no obligation whatsoever with regard to such taxes. Members who earn more than $100 in Fees will be required to submit a 1099 form to HP for filing with the Internal Revenue Service.
You also agree not to use the Referral Links in any manner that could damage, disable, overburden, or impair the Site or any other site, create spam or any other unwanted solicitation, or interfere with any other party's use and enjoyment of the Site, the party’s own site or other location of the Referral Links. You agree that you will not paste, copy or otherwise impose the Referral Links anywhere without the consent of HP. HP is not responsible for anything that you do with the Referral Links. HP may disable your links and your MagCloud account at any time without prior notice to you. You agree not to use any of our trademarks or intellectual property or make any representations, warranties or other statements concerning MagCloud, the Site or any HP products, services or policies, except as detailed in the Terms.
Nothing contained in these Program Rules shall be construed as creating a joint venture or employment relationship between the parties hereto, nor shall either party have the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other party.
MagCloud, HP and any other product or service name or slogan or logo contained in the MagCloud Network are trademarks of HP and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HP or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with HP or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of HP without HP’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of HP and may not be copied, imitated, or used (in whole or in part) without HP’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by HP.
Procedure for making claims of infringement
HP respects the intellectual property rights of others. Accordingly, HP has a policy of removing User Publications and User Feedback that violate copyright law, suspending access to the MagCloud Network (or any portion thereof) to any user who uses the MagCloud Network in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the MagCloud Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, HP has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the MagCloud Network, please provide written notice to the following HP agent for notice of claims of infringement.
Trademark and Copyright Counsel
3000 Hanover Street, MS 1051
Palo Alto, CA 94304
Tel: (650) 857-1501
Fax: (650) 236-9855
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow HP to locate that material; (d) contain adequate information by which HP can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to HP’s designated agent, as they will be deleted upon receipt.
U.S. government restricted rights
Any MagCloud Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are provided with Restricted Rights. All technical data, or HP commercial computer software/documentation, are subject to the provisions of FAR 12.211 - “Technical Data”, and FAR 12.212 - “Computer Software” respectively, or to clauses providing HP equivalent protections in DFARS or other agency specific regulations. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer: Hewlett Packard Company, 3000 Hanover Street, Palo Alto, CA 94304 1185, USA.
International and export issues
HP administers the Site from its offices in Palo Alto, California and the Service is only intended for use by U.S. residents. Without limiting the foregoing, HP makes no representation that the MagCloud Network is appropriate or available for use outside the United States and access to the MagCloud Network from territories where its contents are illegal or restricted is prohibited. If you choose to access the MagCloud Network from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the MagCloud Network and to not transfer, or authorize the transfer, of any MagCloud Materials to a prohibited country or otherwise, in violation of any Laws. In particular, but without limitation, the MagCloud Materials may not, in violation of any Laws, be exported or re-exported: (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using any MagCloud Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You are responsible for assuring that the MagCloud Materials can be lawfully imported to the destination country. When ordering from the MagCloud Network, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. See our Price Calculator for rates and estimated delivery times for your country. Please be aware that cross-border shipments are subject to opening and inspection by customs authorities and HP may provide certain order, shipment, and product information, such as titles, to our international carriers, and such information may be communicated by the carriers to customs authorities in order to facilitate customs clearance and comply with local laws.
RETURNS: UK CONSUMERS ONLY: UK Consumers are entitled to a statutory cooling off period as follows:
Notwithstanding any other rights available under these Terms, you may change your mind and cancel your User Publication purchase at any time before the date seven (7) working days after the User Publications are delivered and receive a full refund. Cancellations may be made by notifying HP through the ‘Contact Us’ page of the MagCloud site. HP reserves the right to arrange for collection of the User Publication, and you agree to make it available for collection with the original box and packaging to the extent this is still possible together with any accessories and free gifts received with the products. You must take reasonable care of all products whilst they are still in your possession. If the products were a special order made to your specification, this right of cancellation does not apply.
You agree to indemnify, defend, and hold harmless the MagCloud Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including without limitation, reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your MagCloud Network account) violation of these Terms. HP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with HP’s defense of such claim.
Electronic communications; Notice
When you visit the Site or send e-mails to HP, you are communicating with HP electronically. You consent to receiving communications from HP electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that HP provides to you electronically, satisfy any legal requirement that such communications be in writing. Nevertheless, you agree to send any notices that are required or permitted to be given by these Terms to HP only in the manner specified for such purposes on the Site.
These Terms, together with the Publication Terms, the Purchase Terms, Production Cost Schedule, any other terms, guidelines, or policies referred to in these Terms, and any additional terms to which you agree when using particular elements of the MagCloud Network, constitute the entire and exclusive and final statement of the agreement between you and HP with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and HP with respect to such subject matter. These Terms and the relationship between you and HP shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. Except where an applicable arrangement is in force between the U.S. and UK regarding the right for consumers to bring claims in UK courts, all lawsuits arising from or relating to these Terms or your use of the MagCloud Network shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms or to any activities carried out by either party pursuant to these Terms. The failure of HP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of HP and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the MagCloud Network. These Terms will be interpreted without application of any strict construction in favor of or against you or HP. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HP without restriction. HP and you are independent contractors, and nothing in these Terms is intended to create, or will be construed as creating, any employment, partnership, joint venture, agency or comparable relationship. HP will have no liability to you or any third-party, for any failure by HP or its agents, to perform its or their obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of HP or its agents, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, failure or delay in transportation, civil commotion or other event of force majeure.
Modifications to these Terms
HP may, in its sole and absolute discretion, change these Terms from time to time. HP will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the MagCloud Network. Continued use of the MagCloud Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the MagCloud Network and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
These terms were last changed: 1/9/2013