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In the event a dispute arises between you and TIME (Dispute), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you reside to use the Sites and Services or and you attest that you have reached the age of majority and have the legal capacity to be legally bound by these Terms. Access to the Sites and Services. We also reserve the right at any time to limit the quantities of products and/or services ordered for you or your household. You can also send an email with the word CANCEL in the subject line providing information about your account number and the subscription you wish to cancel, to customerservice@time.com, or you can go here. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. You agree to defend, indemnify and hold harmless TIME and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by User Content you post or submit or your failure to comply with these Terms. Account. They supersede any and all prior or contemporaneous agreements between you and TIME relating to your use of the Sites or Services. You do not acquire any ownership interest in the Sites, Services or Content under these Terms, or any other rights thereto other than to use the Sites, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Security. For print subscriptions where refunds are offered you will receive a refund for unserved issues, or issues that have not already been processed for fulfillment. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (FAA). Residents, Dispute Resolution Non-U.S. If the post office alerts us that your print magazine is undeliverable, we have no further obligation unless we receive a corrected address within 2 years. Modification to Services. If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only (DMCA Counter-Notice) that at a minimum includes: When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (Applicable Laws). Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing TIME, its affiliates, or its licensors name or Marks without the prior express written consent of TIME.
The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. For usage and/or reprint permission requests related to covers and articles, you can go here. You may not use the Sites, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. If you do not agree to these Terms, you must discontinue using the Sites and Services. Print Publications. You can cancel auto renewal at any time to avoid future charges by going here or contacting customer service at 1-800-843-TIME (8463). How to Cancel Auto-Renewal. TIME MAY RESTRICT THE AVAILABILITY OF THE SITES OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. TIME reserves the right to change the fees for its products and Services and will provide notice of any increase prior to your being charged. The JAMS rules are available on its website at www.jamsadr.com. Each time that you access or use our Sites or Services you signify that you have read, understand, and agree to be bound by these Terms. Your ownership in your User Content does not confer any rights to the Sites or Services, nor any rights to other User Content or TIME Content stored by or on behalf of TIME. TIME has no obligation to monitor User Content but reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. If you encounter something you find objectionable and in violation of these Terms, you can report it to legal@time.com. Please review that Privacy Policy for information about how we collect, use, and share information, including the data rights available to you. If you are browsing the Sites or Services and have not yet created an account or made a purchase your use of the Site or Services will still be subject to these Terms. If we have cancelled your order after charging your account, we will issue a credit for the amount charged. Termination will not limit any of TIMEs rights or remedies at law or in equity. No Binding Offer. Our Privacy Policy, found here, is incorporated into and subject to these Terms by reference. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. YOU AND TIME EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES. TIME may block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites or Services in any fashion. RESIDENTS. Most customer concerns can be resolved quickly and to the customers satisfaction by contacting us by writing to TIME USA LLC, TIME USA LLC, 1095 Sixth Avenue, New York, NY 10036, United States.. YOU AND TIME EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. For a period of 60 days from the date of receipt of notice from the other party, TIME and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or TIME to resolve the dispute on terms either you or TIME, in each of our sole discretion, are unsatisfactory. Unless otherwise agreed to by you and TIME in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. By posting or submitting User Content through the Services you represent and warrant that (i) you own such User Content or otherwise have the right to grant us the License set forth in these Terms; (ii) the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Services is not in violation of any Applicable Law or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iii) you are solely responsible for, and TIME will have no liability in connection with, your User Content or any other User Content you access through the Services. If you have any comments, queries or complaints about these Terms or our Services, please contact us at legal@time.com. These Terms apply to your use of the Sites and Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Sites or Services. Jury Trial Waiver. We reserve the right to remove any User Content on the Sites which allegedly infringes another persons copyright. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). We reserve all of our rights under the law to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other website at any time upon written notice to you. TIME will provide the Sites and Services with reasonable care and skill but makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the United States. We are under no obligation to scan content posted for any violations of third party rights. DUE TO THE NATURE OF THE INTERNET, TIME CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITES OR SERVICES. You may not insert any code or product to manipulate the Content, Sites or Services in any way that affects any user's experience. Your only right with respect to any dissatisfaction with any modifications made to its Sites or Services, or any policies or practices of TIME in providing its Services is to cancel your account and/or stop using the Sites or Services.
TIME reserves the right to monitor all network traffic to the Sites or Services and anyone using the Sites or Services expressly acknowledges that such monitoring may occur. As a result, please exercise caution when posting any personal information in User Content as it may be seen and used by others and do not post anything that is confidential. These websites and applications are not under the control of TIME, and the existence of a link from the Sites or Services does not imply any endorsement of or affiliation with the linked websites or applications. Termination. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites or Services. Severability. Identification of the URL of the Site and the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Your name, address, telephone number and email address (if available); A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and. The information must be reasonably sufficient to permit us to identify the copyrighted work; A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or the State of New York if your address is outside of the United States; A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us; A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and. In the event TIME cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND TIME EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO TIMES INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. You must promptly notify TIME if your Payment Method is canceled (e.g., for loss or theft). However, the preceding sentence shall not apply to the clause entitled Class Action Waiver. When you provide payment information (Billing Information) to TIME or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (Payment Method), and you authorize TIME to charge such Payment Method for the full amount of the transaction. TIME may assign these Terms, in whole or in part, at any time. Posting of User Content. You understand and agree that TIME is not required to make any use of any Feedback that you provide. Nothing in this section will prevent a party from pursuing their claims in court or another complaint process.
