Terms & Conditions

PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT (“TERMS”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER” OR “CUSTOMER”) AND MAGAZINE JUKEBOX INC. (“MAGAZINE JUKEBOX,” “COMPANY,” “WE,” OR “US”). BY ACCESSING, BROWSING OR USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND AND ABIDE BY THE TERMS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY SINCE THEY AFFECT YOUR LEGAL RIGHTS.

Additional terms. You agree that additional terms and conditions may apply to specific products, services and subscriptions following your subscription date (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

Billing. Customers are asked to supply certain information relevant to your subscription including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any subscription. Verification of information may be required prior to the acknowledgment or completion of any subscription.

You agree that by subscribing to Magazine Jukebox, you are entering into a binding contract with Magazine Jukebox and agree that you remain responsible for any taxes that may be applicable to your subscription.

You agree that you have expressly agreed for your credit card to be charged on a recurring basis and agreed to the amount of the recurring charges. Magazine Jukebox may submit the yearly recurring charges to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Magazine Jukebox reasonably could act. Information on how to cancel is described below.

Renewals. By purchasing a subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for the applicable length of service and a recurring subscription renewal fee. You accept responsibility for all recurring charges prior to cancellation.

At the end of your initial subscription term, your subscription will be automatically extended for another term and your payment method will automatically be charged the applicable subscription renewal fee at the then-current rate until you cancel your subscription renewal. You agree and acknowledge that your subscription will have a recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation. Rate changes will take effect at the start of the next subscription period

following the date of the rate change. Magazine Jukebox will communicate any rate changes to you in advance. Subject to applicable law, you accept the new price by continuing to use the Magazine Jukebox platform after the price change takes effect.

Cancellation. You may cancel the renewal of your subscription at any time with thirty

(30) days’ notice. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term and the cancellation will take effect the day after the last day of the current subscription period. Magazine Jukebox does not provide refunds or credits for any partial subscription periods. No refunds will be issued for any subscription terms that have already been billed.

Intellectual Property Rights. The trademarks and service marks displayed on the Magazine Jukebox platform are the registered and unregistered trademarks, service marks and trade dress of Magazine Jukebox and its licensors. Magazine Jukebox’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Magazine Jukebox, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Magazine Jukebox. All other trademarks not owned by Magazine Jukebox that appear on the Magazine Jukebox platform are the property of their respective owners, who may or may not be affiliated with or connected to Magazine Jukebox.

You acknowledge that all content is the sole responsibility of the magazine publication from whom such content originated. Magazine Jukebox is under no obligation to screen or monitor the content of any magazine publications, but may review the content from time to time at its sole discretion. Magazine Jukebox reserves the right to edit or remove any content at its sole discretion for any reason.

Under no circumstances will Magazine Jukebox be liable in any way for any content or materials of any third parties or magazine publications, including, but not limited to, any errors or omissions in any content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications of any magazine publications or endorse any opinions expressed therein.

Indemnification. You agree to indemnify, hold harmless, and defend Magazine Jukebox, any of its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of Magazine Jukebox’s platform, your violation of these Terms, or your violation of any law or the rights of a third party.

Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAGAZINE JUKEBOX, ANY OF ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE MAGAZINE JUKEBOX PLATFORM BE LIABLE TO ANY USER OF THE PLATFORM OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR

EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF MAGAZINE JUKEBOX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MAGAZINE JUKEBOX, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE MAGAZINE JUKEBOX PLATFORM TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO MAGAZINE JUKEBOX IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

Waiver; remedies. The failure of Magazine Jukebox to partially or fully exercise any rights or the waiver of Magazine Jukebox of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Magazine Jukebox or be deemed a waiver by Magazine Jukebox of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Magazine Jukebox under these Terms and any other applicable agreement between you and Magazine Jukebox shall be cumulative, and the exercise of any such right or remedy shall not limit Magazine Jukebox’s right to exercise any other right or remedy.

Governing Law. All matters related to your agreement with Magazine Jukebox, Magazine Jukebox’s website or platform and these Terms shall be governed and constructed in accordance with the laws of the State of Virginia without regard to conflict of laws provisions.

Dispute Resolution. Any dispute relating in any way to your visit to, or use of, the Site or the platform, or to your relationship to Magazine Jukebox (“Claims”) shall be exclusively submitted to confidential and binding arbitration in Norfolk, Virginia, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Virginia. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held in Norfolk, Virginia, or at some other place to which you and Magazine Jukebox agree in writing, and the arbitrator shall apply Virginia law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at www.adr.org

A single, neutral arbitrator will resolve all Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us.

The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND MAGAZINE JUKEBOX HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

The Terms will continue to apply to you until terminated by either you or Magazine Jukebox. Magazine Jukebox may terminate the Terms or suspend your access to the Magazine Jukebox platform at any time, including in the event of your actual or suspected unauthorized use of the Magazine Jukebox platform or non-compliance with the Terms. If you or Magazine Jukebox terminate the Terms, or if Magazine Jukebox suspends your access to the platform, you agree that Magazine Jukebox shall have no liability or responsibility to you, and Magazine Jukebox will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

Changes to these terms. Magazine Jukebox reserves the right to revise these Terms at any time. When we make material changes to the Terms, Magazine Jukebox will provide you with notice as appropriate under the circumstances, e.g., by sending you an email. Your continued use of the platform after the posting of changes will constitute your acceptance of and agreement with such changes. If you do not wish to continue using the platform under the new version of the Terms, you may cancel your subscription with thirty (30) days’ notice.