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Terms & Conditions BY SUBSCRIBING TO ICM PHOTOGRAPHY MAGAZINE, OR BY PURCHASING ANY SINGLE OR BUNDLED PRODUCT, YOU ARE CONSENTING TO OUR TERMS & CONDITIONS AS OUTLINED BELOW. |
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Terms & Conditions OVERVIEW The terms “we,” “us,” and “our” refer to ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group. The term the “Site” refers to ICMPHOTOMAG.COM. The terms “user,” “you,” “your,” and "subscriber" refer to site visitors, customers, subscribers, and any other users of the site. ICMPhotoMag is a quarterly digital magazine. Issues are Published on March 15th, June 15th, September 15th, and December 15th. All issues are published on the 15th day of the month they are due out in. Please do not email on the 1st asking why the magazine is not available. They will always be available on the 15th of the month they are due out in. SERVICE ICM Photography Magazine (aka ICMPhotoMag) is a quarterly digital magazine, featuring ICM photographers from around the world, in a featured-packed publication that includes ICM images, articles, reviews, interview, tips, tutorials, and more. This publication is meant to celebrate the art and beauty of ICM photography, and while it does occasionally contain learning content, there are extension projects that are branches of ICMPhotoMag which may better serve and/or enhance the learning and educational aspect of this project as a whole. By subscribing to ICM Photography Magazine (aka ICMPhotoMag), or by purchasing a single product or bundled package, you will receive the following for each issue of the magazine:
Use of the products provided on this website, including all materials presented herein and all online services provided by ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group, are subject to the following Terms & Conditions. These Terms & Conditions apply to all site visitors, customers, subscribers, and all other users of the site. By using the Site or Service, you agree to these Terms & Conditions in effect at any given time, and you acknowledge reading, understanding, and agreeing to the Terms & Conditions. Parties agree that the Service is in the nature of digital media delivered electronically through subscription or purchase of single products and/or bundled packages. The scope of services provided by ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group according to this Agreement are limited to those listed on icmphotomag.com website. ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice. ORDER CONFIRMATION We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Once purchased, you will receive an email to confirm your subscription with the link to your unique download page. If you do not see an email in your inbox immediately after purchase, please be sure to check your spam/junk folder. Order confirmations are automatically generated from the subscription system as soon as the purchase transaction has been completed. Please save your confirmation email and bookmark your unique account download page for easy access in the future so you will not have to send an email later asking how to find the magazine downloads. If you lose your subscription order email and want to get back to your download page, please use this link to resend your order email containing your download page link - Resend Order Email You always have access to your magazine subscription at your unique account download link, and you can access each new issue of the magazine on the release date simply by going to your account download page...even if you do not receive an email notification. Each new magazine will be found on your unique download page link (sent to you in your order confirmation email) on the release dates of 15 March, 15 June, 15 September, and 15 December. Please note that the issues show up on your download page in numerical order...NOT by most recent issue at the top...so you may need to scroll down the page to find the most recently released issue of the magazine. IMPORTANT NOTICE ABOUT SUBSCRIPTION RENEWALS ALL SUBSCRIPTIONS RENEW AUTOMATICALLY AND IT IS THE SUBSCRIBER'S RESPONSIBILITY TO MANAGE THEIR OWN SUBSCRIPTION...INCLUDING CANCELING THE SUBSCRIPTION.All annual subscriptions are set by default to renew AUTOMATICALLY at the end of the subscription period. It is the subscriber’s responsibility to manage their own subscription, and subscriptions must be canceled by the member prior to the automatic renewal to avoid being charged again. If you do not cancel your subscription prior to the automatic renewal, NO REFUND will be given. However, you are free to cancel your subscription at that time, and it will remain active until the end of that subscription period and it will not renew again in the future. To manage your subscription, including canceling your subscription and updating your payment information, you can visit your account management page at any time 24/7/365 without needing to log into an account. You simply need to go to your download page link and click on the link at the top of the page where it says "You can view your payment history and manage your payments here." From this page, you have the ability to cancel your subscription at any time, as well as to update your payment information. When you click on this link to manage your payments, you may be asked to "Claim Account". If this happens, enter your email address and then click the "Forgot Password?" link. This will generate an email asking you to reset your password. Once you reset your password, you will then be able to manage and/or cancel your subscription from the Manage link.
USE OF THE SITE AND SERVICE To subscribe to the magazine or to purchase single issues or bundled packages, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to this site, as well as other pertinent information, is subject to change. ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group disclaims all liability for any inaccuracy, error, or incompleteness in the Content. SUBSCRIPTIONS AND PURCHASE OF SINGLE ISSUES AND BUNDLED PACKAGES In order to use the Service, you will be required to provide information about yourself including your name, email address, country, and payment information on the checkout page. You agree that any registration information you give to ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. Additionally, as stated above, all subscriptions are set to AUTOMATICALLY RENEW, and you are responsible for managing your own subscription...which means you must cancel your own subscription in order to prevent being charge again should you no longer wish to subscribe. But making a purchase, and by clicking the required "I accept the terms" checkbox, you agree to these terms. When you subscribe, your subscription price is set for all future automatic renewals. Should you cancel your subscription and then later decide to subscribe again, you will receive a completely new download page link at the subscription price in effect at the time you subscribe again. It is a benefit to you to remain an active subscriber at your original subscription price. CANCELLATIONS & REFUNDS We do not offer refunds. If you are unsure whether or not to commit to a full year subscription, we suggest you purchase a single issue first to ensure you are happy with the product being offered. You may cancel your Annual Subscription at any time via your account management page at any time 24/7/365 without needing to log into an account. You simply need to go to your download page link and click on the link at the top of the page where it says "You can view your payment history and manage your payments here. From this page, you have the ability to cancel your subscription at any time, as well as to update your payment information. This essentially means you are cancelling the automatic renewal at the end of your subscription period. If you cancel, your subscription will remain active for the duration of your current paid subscription period, and then it will not automatically renew. When you click on this link to manage your payments, you may be asked to "Claim Account". If this happens, enter your email address and then click the "Forgot Password?" link. This will generate an email asking you to reset your password. Once you reset your password, you will then be able to manage and/or cancel your subscription from the Manage link.
Once your subscription period ends, you will no longer have access to the Service, including all content previously available to you. When you subscribe, your subscription price is set at that price for all future automatic renewals. Should you cancel your subscription and then later decide to subscribe again, you will receive a completely new download page link at whatever subscription price is in effect at the time you subscribe again. It is, therefore, a benefit to you to remain an active subscriber at your original subscription price. No refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term. It is entirely your responsibility to ensure that you cancel your subscription prior to the automatic renewal date should you no longer require the Service and do not wish to be billed further. If you do not cancel your subscription prior to the automatic renewal, NO REFUND will be given. However, you are free to cancel your subscription at that time, and it will remain active until the end of that subscription period and it will not renew again in the future. LAWFUL PURPOSES You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. Magazine purchases are for personal use only. Copying, transferring, sharing, or otherwise distributing the digital files and/or online magazine links are STRICTLY PROHIBITTED. No part of any of the publications may be reproduced without prior express written permission by the publisher or contributors, with the exception of brief quotations in critical reviews and other non-commercial usage permitted under copyright law. REFUSAL OF SERVICE The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service. DURATION OF AGREEMENT Once purchase, you will receive access to the purchased Service via your download page for the duration of your active subscription. As long as your subscription remains active, you will have access to all products related to your subscription service. Once cancelled, access will be revoked and you will no longer have access to the products related to the cancelled subscription service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, subscription software service, etc.). You agree and understand that no breach of contract action may be initiated against ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group when there are reasonable delays in the access of the Service. ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group reserve the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement. If for any reason, ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group should dissolve or cease to exist, then your access to the Service terminates. For all annual subscriptions you have 24/7/365 days of access to your download page via the download page link sent to you in your order email. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the termination of the current contracted term. PRODUCT DESCRIPTION We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. INTELLECTUAL PROPERTY This Site and Service contain intellectual property owned by ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group, including trademarks, copyrights, proprietary information, and other intellectual property. ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group’s copyrighted materials shall remain the sole property of ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group. No license to sell or distribute our materials is granted or implied. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, and to take appropriate legal measures if you are caught violating this intellectual property policy. CHANGED TERMS We may at any time amend these Terms & Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms & Conditions, at any time. The most recent version of the Terms & Conditions as seen on the Site will be the prevailing T&C in effect at any given time. LIMITATION OF LIABILITY YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ICMPhotoMag Network | ICM Photography Magazine | StephJohnPhoto Group HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group, AND IF NO PURCHASE HAS BEEN MADE BY YOU ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $45. THIRD PARTY RESOURCES The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. INDEMNIFICATION You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent. EFFECT OF HEADINGS The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. ENTIRE AGREEMENT; WAIVER This Agreement constitutes the agreement between you and ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by ICM Photography Magazine (aka ICMPhotoMag) | StephJohnPhoto Group. NOTICES All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: ICM Photography Magazine RECOVERY OF LITIGATION EXPENSES If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. SEVERABILITY If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. |
