MagCloud Purchase Terms


These MagCloud Purchase Terms (“Purchase Terms”) form an integral part of the MagCloud Terms of Use (“Terms”). Capitalized terms used but not defined in these Purchase Terms have the meaning specified in the main body of the Terms. These Purchase Terms are intended to supplement, rather than replace, the provisions in the main body of the Terms. However, in the event of any conflict between these Purchase Terms and the main body of the Terms, these Purchase Terms will prevail.

Purchasing User Publications

Payment Methods. You may purchase copies of User Publications published by Publishers through the Service by following the ordering and purchase procedures specified on the Site. To purchase User Publications, you must have a valid MagCloud Network account and you must be a U.S., U.K. or Canadian resident with a valid U.S. postal address. HP will not ship User Publications outside the U.S., U.K., or Canada. You can purchase User Publications by using a PayPal account or a Visa, MasterCard or American Express credit card. HP may terminate your MagCloud Network account if, among other things, you fail to pay HP for any User Publication that you have ordered.

Personal Information. HP will not disclose your payment information (e.g. your PayPal account number or credit card number) to the Publisher of any User Publication you purchase, but HP may disclose your other relevant Personal Information to such Publisher. You hereby agree that HP is permitted to make such disclosures.

Restrictions. If you purchase any User Publication through the Service, you agree to the following: (a) you will only use the User Publication for your own use as expressly permitted under the Terms or as otherwise expressly permitted by the holders of all necessary rights in the User Publication; (b) you will not remove or obscure any proprietary rights notices contained on such User Publication; (c) you will not resell such User Publication to any third-party, or grant any third-party any rights in or to such User Publication except to the extent permitted by any applicable Law; and (d) you will not, and will not permit any third-party to, use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, create derivative works of, or otherwise exploit the User Publication in any manner requiring the consent of the holder of any rights in any portion of the User Publication without first obtaining that consent, or in any other manner that would violate any Law, including without limitation intellectual property Laws.

Disputes with Publishers. HP has no involvement in the relationship between you and any Publisher of any User Publication, and you must address any questions or comments regarding User Publications directly with the Publisher whose Personal Information may be provided to you by the Publisher or by HP, provided however, that you agree to only use such Personal Information in accordance with applicable Law. HP is not responsible for any acts or omissions on the part of any Publisher, or for any losses or damages you may suffer in connection with your purchase and use of any User Publication. HP has no responsibility for the accuracy, reliability, quality, completeness, or suitability of any User Publication. HP has no obligation to intervene in any dispute between you and any Publisher; provided however, that HP may monitor such dispute in its sole discretion and if requested by HP, you agree to fully disclose, the nature and current status of the dispute.

Printing Errors. Please contact MagCloud Customer Service if you do not receive a copy of any User Publication for which your PayPal account has been debited or credit card has been charged, or if there is a printing error in, or has been shipping damage to, the copy that you receive (e.g., a magazine is torn or a numbered page is missing). If HP believes that you did not receive the copy or that the copy you received contains a printing error or has been damaged in shipping, then your sole and exclusive remedy will be to receive a replacement copy of that User Publication from HP at no additional cost to you. HP may require you to return any damaged or defective copy to HP prior to sending you a replacement copy. Please do not return any copies of User Publications or other materials to HP unless HP specifically requests that you do so. As noted above, any other issues you may have concerning any User Publication should be addressed by you directly with the Publisher of the User Publication. In any event, HP is not obligated to offer or give a refund to you for any reason.

These terms were last changed: 9 JAN 2013