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125 West Street, Suite 202, Annapolis, Maryland 21401, United States
Terms of Service
General Use of the Website
1. The following terms and conditions (the "Terms and Conditions") govern your use of this web site, and any content, features or functionality made available from or through this web site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the web site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the web site ("site").
2. This site is operated by Charmante Magazine. Throughout the site, the terms "we", "us" and "our" refer to Charmante Magazine, and we offer the information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
3. By visiting our site and/or purchasing an issue or something else from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content.
4. We reserve the right to refuse service to anyone for any reason at any time.
5. By using this site, you represent that you are at least the age of majority or consent in your state or province of residence, or that you are the age of majority or consent in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
7. Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
8. Any new features or tools which are added to the current online store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Legal Disclaimers and No Warranties
1. Charmante Magazine (the "Magazine") assumes no liability or responsibility for the accuracy or reliability of any information contained on this site, nor the delayed or incomplete information presented, nor for any actions taken in reliance thereon, and the information on this site is intended for information purposes only.
2. The Magazine makes no representations and disclaims all warranties related to the information provided herein, as well as the content , services, products, text, or other items, or the timeliness, reliability, use or veracity of any information presented herein.
3. The Magazine makes no representations and disclaims all warranties on the accuracy or completeness or timeliness of any information provided herein, nor shall the Magazine have any liability to any user of this site on the information presented, including assertions of defamatory, offensive, illicit, or other materials, content, or information. All information or content can be withdrawn or changed without notice.
4. While care has been taken in producing the information on this site, the Magazine does not guarantee the accuracy of the information presented and is not responsible for any opinion, overt or implied herein by any author or content provider, and their opinion does not necessarily reflect the opinion of the Magazine. Therefore, the Magazine bears no liability nor responsibility for any opinions expressed herein.
5. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
6. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
7. There may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, sales tax, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website or social media is inaccurate at any time without prior notice (including after you have submitted your order).
8. We undertake no obligation to update, amend or clarify information in the Service or on any related website, or social media, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website or social media, should be taken to indicate that all information in the Service or on any related website or social media has been modified or updated.
9. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
10. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
12. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
13. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
14. In no case shall the Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
1. You agree to indemnify, defend and hold harmless the Magazine, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
1. The Magazine is the owner and/or rights holder of all intellectual property rights, and/or has a license or permission to the intellectual property rights and/or image rights where necessary, on the information or content presented. The term "content" used everywhere herein, includes, but is not limited to images, graphics, designs, texts, photographs, video, sound, indices, directories, brands, logos, expressions, recipes, information, and generally, any other creation or intellectual property protected by national laws and regulations, or international treaties.
2. All intellectual property rights in and to all content or information are reserved and it is strictly prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way, any part or the totality of any content or information herein, unless with the prior, express and written authorization of the Magazine, or from any third party owner or rights holder of the same.
3. Simply accessing and navigating through the site, is not a relinquishment, transmission, license or total or partial transfer of any rights by the Magazine to a user, and users are strictly prohibited from deleting, evading or manipulating any indicators of rights ownership (for example “copyright”, “©”, “trademark” or “™” indicators) or other identifying data, or any technical protection or identification mechanisms, herein. Any use of names and commercial or registered brands, logos or other distinctive marks, which are owned by the Magazine or by other rights holders, is strictly prohibited without prior express and written authorization from the Magazine or rights holders.
You must not transmit any worms or viruses or any code of a destructive nature.
4. A breach or violation of any of the Terms will result in an immediate termination of your Services.
1. Upon purchase of an issue of the Magazine from our online store, as part of the purchase and sale, we collect personal information that you provide, including your name, address and email address.
2. If you subscribe to our site, we will notify you of upcoming issues or previews of those issues, using the personal information you provide, including your name, address, and email address.
3. When you provide us with your personal information, including payment information to complete a transaction, you are providing your consent to collect and use that information for that transaction, such as to verify your credit or debit card, place the order, arrange for digital download or mail delivery, or provide a refund.
4. If you decide to change your mind on subscribing to our site, or wish to access, correct, amend, withdraw, or delete any personal information we have about you, or wish to register a complaint or want more information, please contact us at email@example.com.
5. We reserve the right to disclose any personal information about you to satisfy any applicable law, regulation, legal process or governmental request, or if you violate our Terms of Service.
6. Since we offer email subscriptions and online purchases, you must submit information including a valid email address. This information may be used in aggregate form to assess general user interest in various internal and third party products and services.
8. Our store is hosted on Square Inc. , a third-party provider. They provide us with the online e-commerce platform that allows you to purchase issues of our magazine. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
9. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
10. Certain third-party service providers, such as payment gateways like Square, Inc., and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, you are responsible for reviewing their privacy policies so that you can know how your personal information will be handled by these providers, and whether you consent to such use. I
11. Certain third-party providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in a foreign country and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
13. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party providers or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14. If our online store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. You are responsible for reviewing the privacy policies of such new owners so that you may know how your personal information is being reviewed by the new providers, and if you consent to such use.
15.. The unauthorized use of this site in connection with the transmission of unsolicited emails, including the transmission of email in violation of this policy, the transmission of viruses, worms, or other damage to this site, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
California Privacy Rights
1. Shine the Light - Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use, are entitled to request and obtain form us, once per calendar year, information about the customer information we shared, if any, with other business for their direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with whom we shared customer information for the immediate prior calendar year. To request this information, please send an email message to firstname.lastname@example.org with “Request for California Privacy Information” in the subject line. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our reply.
3. California residents have the right to request that we disclose certain information about our collection and use of your personal information during the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: a) the categories of personal information we collect about you; b) the specific items of personal information we collect about you; c) the categories of sources of personal information we collect about you; d) our business purpose for collecting or selling that personal information; e) the categories of third parties with whom we share personal information; and f) if we sold or disclosed your personal information for a business purpose, we will provide a list of the sales with the categories of personal information that the recipients purchased and, for disclosures, we will provide a list of the sales with the categories of personal information that the recipients received.
4. California residents have the right to request that we delete any of their personal information that we collected from you and retained, subject to certain exceptions. Upon receipt and confirmation of your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies as noted herein in the Terms of Services.
5. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: a) complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; b) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; c) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; d) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; e) debug products to identify and repair errors that impair existing intended functionality; f) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); g) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; h) comply with a legal obligation; or h) make other internal and lawful uses of that information that are compatible with the context in which you provided it.
6. If a California resident wishes to exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to email@example.com. Only you, or a person registered with the California Secretary of State whom you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
7. California residents may make a verifiable consumer request for access or data portability only twice within a 12-month period. A verifiable consumer request must: a) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. b) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
8. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will use personal information provided in a verifiable consumer request only to verify the requestor’s identity or authority to make the request.
9. We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will cover only the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
10. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
11. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
12. We will not discriminate against you for exercising any of your California Consumer Privacy Act (CCPA) rights. Unless permitted by the CCPA, we will not: a) deny you goods or services; b) provide you a different level or quality of goods or services; c) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; or d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2. We may, but have no obligation to, monitor, edit, refuse to post or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
4. Although the Magazine welcomes reviews, comments should be directly relevant to the issue or content provided. Abusive, antisocial profane, or off-topic comments will be deleted by web administrators.
Online Store Prices and Terms of Service
1. Prices for our products are subject to change without notice.
2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
3. Since the magazine is in digital form, once a magazine issue is downloaded, there are no refunds or exchanges, and refunds are only provided if there is a mistake in the purchase transaction as verified by the Magazine in its sole discretion.
3. Certain products or services may be available exclusively online through this site. These products or services may have limited quantities.
4. We have made every effort to display as accurately as possible the colors and images of our products that appear in the Magazine. We cannot guarantee that your computer monitor's display of any color will be accurate.
5. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
6. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
7. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
8. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
9. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or which appear to be fraudulent or against our Terms of Service.
10. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
2. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
1. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
3. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
4. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
5. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
6. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
7. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
8. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
9. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Maryland, United States.
If you have any questions about the Terms of Service, please contact us at firstname.lastname@example.org.
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The Charmante Team