ValueMags Terms and Conditions
Contrail Inc. dba ValueMags (“ValueMags” or “we”) offer the ValueMags Free Magazines and MagPoints program (“Program”) to allow members to receive free magazines and earn points when visiting our website, viewing emails and taking offers from ValueMags and other related properties (collectively, the “ValueMags Properties”) subject to these terms and conditions (“Agreement”). This Agreement constitutes a legally binding agreement between each individual who enrolls in the Program or otherwise uses any one of the ValueMags Properties (“Member” or “you”). By enrolling in the Program or using any ValueMags Property, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. ValueMags may modify this Agreement from time to time, with or without notice, and your continued use of the ValueMags Property after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of this Agreement, you must immediately cease use of the ValueMags Properties.
1. Becoming a Member
2. Program License
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the ValueMags Properties for your personal use to access the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. ValueMags reserves the right to change, upgrade, or discontinue the Program and any ValueMags Property or any feature of the Program or the ValueMags Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by ValueMags or its licensors.
3. Program Restrictions
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the ValueMags Properties; (ii) introduce into the ValueMags Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the ValueMags Properties (collectively, “Content”); (iv) access the Program or the ValueMags Properties by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from ValueMags; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any ValueMags Property for any reason; (vii) rent, sell or sublicense any of the ValueMags Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access confidential Content through the ValueMags Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the ValueMags Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the ValueMags Properties; (xiii) engage in any activity that does not comply applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program.
4. Affiliate Store Policies
A product purchased from any Affiliate Store through the Program, whether online or in store, is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. ValueMags is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program.
5. Bonuses & Other Rewards
ValueMags periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. You may not include your referral link or distribute your referral link on any website or platform that does not belong to you, such as social media pages belonging to merchants or forum pages belonging to third parties. You are prohibited from bidding on keywords containing “ValueMags” or other similar words or marks for the purpose of driving traffic to your pages. You shall not send any paid traffic directly to your referral link.
6. Updating & Maintaining Your Account
6.1. Updating Your Account: You agree to keep your Account information current, complete, and accurate by periodically updating the information through the ValueMags Properties. You must be logged into ValueMags and enter your password to change your Account information communication preferences. You may check your Account status and recent order history at any time via the ValueMags Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
6.2. Fraudulent Activity: We reserve the right to investigate any purchase transactions, referral activity, or interaction with any ValueMags Property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any loyalty points, bar further awards and/or bonuses to, and/or terminate the Program membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding loyalty points have been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of points or other rewards and bonuses, or any misrepresentation of any information furnished to ValueMags by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued loyalty points. If ValueMags has any reason to suspect fraudulent activity is associated with your Account, ValueMags reserves the right to delay or withhold loyalty point distribution. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud policy.
7. Receiving Communications
8. Third-Party Platforms
When you access or use the ValueMags Properties, we may make available services from one or more third parties (“Third-Party Platforms”).
8.1. Social Sign On: The ValueMags Properties support Third Party Platforms, including Facebook, and Google, to make it easier for you to sign in or create your ValueMags Account. Any use of Third Party Platforms to create and access your ValueMags Account are subject to the terms and conditions and privacy policies of such third parties (“Third Party Terms”).
8.2. Facebook Connect: Facebook Connect is a feature that allows you to create your ValueMags Account or to sign into the Services with your Facebook email account. By using Google Connect, your Facebook email account will automatically be linked to your ValueMags Account. You may disconnect your Facebook account at any time in the Account Settings of your ValueMags Account or by removing the authorization through your Facebook account. A connection between your Facebook account and your ValueMags Account is not required for you to be a member of ValueMags and to earn loyalty points. Connecting your Facebook email account will permit us to access your Facebook email account content (“Account Content”). ValueMags will not delete or modify your Account Content. We use your Account Content to more reliably, personalize your experience with our Services, and improve our Services, generally.
9. Community Standards
By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the ValueMags Properties, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
All right, title, and interest in the Program, the ValueMags Properties, and the Content belong to ValueMags or its licensors. Additionally, ValueMags shall maintain all right, title, and interest in “ValueMags,” the ValueMags logo, and any other marks, service marks, trademarks, or logos of ValueMags (“ValueMags Marks”) that are registered in the U.S. and other countries. The ValueMags Marks may not be used in connection with any product or service that is not ValueMags in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ValueMags. You shall not by any means bid on any keywords with any search engine containing “ValueMags” or anything substantially similar to “ValueMags” or any other ValueMags Mark including, without limitation ValueMags.com and www.ValueMags.com. You shall not mention or use ValueMags in any ad text, extensions or banner ads without the express written consent of ValueMags. All other trademarks not owned by ValueMags that are used in the Program are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ValueMags.
You agree to indemnify ValueMags, any Affiliate Store, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
12. Warranty Disclaimer
THE PROGRAM, CONTENT, AND THE VALUEMAGS PROPERTIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAM, CONTENT, OR THE VALUEMAGS PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE PROGRAM. VALUEMAGS DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE VALUEMAGS PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, VALUEMAGS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAM.
13. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VALUEMAGS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VALUEMAGS’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).
14. Termination or Suspension
This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Program may result in cancellation of your membership to the Program, your Account and/or forfeiture of pending or prior loyalty points. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any ValueMags Property. You agree that ValueMags will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the ValueMags Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program, and the ValueMags Properties, and to receive loyalty points, will terminate. Termination will not prejudice either your or our remedies at law or in equity.
15. Governing Law & Arbitration
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Illinois in the United States, excluding its conflicts of laws principles.
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.
Headings under this Agreement intended only for convenience and shall not affect the interpretation of this Agreement.
18. No Waiver; Severability
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
19. Entire Agreement
This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your non-termination and continued participation in the Program or use of any ValueMags Property after modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof.
Updated: May 2018