Terms of Use
1. Description of Service
The Mstand.com Service is operated by Mstand ("Mstand.com" or "We"). The "Mstand.com Service" (or "Service") includes the Mstand.com Website that provides you the capability to order and subscribe to various publications.
2. Your Account
Certain portions of the Mstand.com Service are available only to individuals who have registered with and obtained a password from Mstand.com. Mstand.com may sell publications for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Mstand.com Website only with involvement of a parent or guardian. Mstand.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You may not provide or use a password, email address, or any other information of anyone else without the owner's authorization. You agree to provide true, accurate, current and complete information about yourself when you register with or order publications from Mstand.com, and to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
3. User Conduct
You may only use the Mstand.com Service for lawful purposes and in accordance with these Terms and any operating rules established by Mstand.com. Mstand.com reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms.
4. International Users
The Mstand.com Service is controlled, operated and administered by Mstand.com from its offices within Canada. If you access the Mstand.com Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the Mstand.com Service or any Publications or other content accessed through the Mstand.com Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
5. Intellectual Property
All content included as part of the Mstand.com Service, such as text, graphics, logos, button icons, images, as well as the compilation thereof, and all software used on this site, is the property of Mstand.com or its suppliers and protected by international copyright laws. You agree to abide by all copyright notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Each third-party content provider owns the copyright on content original to it including, without limitation, on the magazines and other publications delivered or otherwise made available to you by the Mstand.com Service (the "Publications"). Except as permitted by the Publication's lawful owner, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way commercially exploit or provide to a third party the content of the Mstand.com Website, the Publications, or any portion of them without the express permission of Mstand.com and the copyright owner.
We do not grant you any licenses, express or implied, to the intellectual property of Mstand.com or our licensors except as expressly authorized by these Terms.
6. Third-Party Content
Mstand.com is a distributor (not a publisher) of the Publications or other content supplied by third parties. Accordingly, we have no editorial control over such content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in Publications offered by the Mstand.com Service, are those of the respective author(s) or publisher(s) and not of Mstand.com. Mstand.com does not guarantee the accuracy, completeness or usefulness of any content, nor will we be liable for any loss or damage caused by your reliance on information obtained through the Mstand.com Service.
The Mstand.com Service may contain links to other Internet sites and third-party resources. Mstand.com does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order with a third-party site.
7. Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Mstand.com Service (or any part thereof) with or without notice. You agree that Mstand.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Disclaimer of Warranties
THE MSTAND.COM SERVICE AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSTAND.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER MSTAND.COM NOR ITS AFFILIATES, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE MSTAND.COM SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE MSTAND.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR -FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MSTAND.COM SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MSTAND.COM SERVICE WILL MEET YOUR EXPECTATIONS.
YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. MSTAND.COM IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MSTAND.COM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSTAND.COM OR THROUGH OR FROM THE MSTAND.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. Limitation of Liability
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MSTAND.COM, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS AND OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST OR IMPUTED PROFITS OR ROYALTIES, LOST OR STOLEN CONTENT, LOSSES ARISING FROM THE FAILURE TO FURNISH SERVICES OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING FROM OR RELATED TO THE SERVICES OR PERFORMANCE OF ITS OBLIGATIONS HEREUNDER OR AS A RESULT OF ANY BREACH OR FAILURE BY MSTAND.COM TO ABIDE BY ITS PRIVACY POLICY (include link), WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) IRRESPECTIVE OF WHETHER IT HAS ADVISED OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. MSTAND.COM'S LIABILITY TO CUSTOMER FOR OR ARISING OUT OF ALL LOSSES, CLAIMS OR CAUSES OF ACTION OF ANY KIND WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE AMOUNTS PAID BY YOU TO MSTAND.COM IN THE CALENDAR MONTH IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
10. Indemnification
You agree to defend, indemnify and hold harmless Mstand.com, its licensors, suppliers and any third-party content providers to the Service and their respective directors, officers, employees, contractors and agents from and against all claims, losses, expenses, damages and costs, including attorney's fees, arising out of your use of the Service in any manner or way whatsoever by you or any other person accessing the Service using your account.
11. Monitoring
Mstand.com has the right, but not the obligation, to monitor the Mstand.com Service to determine compliance with these Terms and any operating rules established by Mstand.com; and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of Mstand.com's licensors' obligations.
12. Termination
Either Mstand.com or you may terminate this Agreement at any time. Without limiting the foregoing, Mstand.com may, in its sole discretion and without liability, terminate your password, or use of the Service for any reason, including, without limitation, if Mstand.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and Mstand.com may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Sections 5, 6 and 8, 9, 10 and -13 and any other provision intended to survive the termination of these Terms shall survive the termination of these Terms as they may apply to you.
13. Miscellaneous
These Terms and the other rules, guidelines, licenses and disclaimers posted on the Mstand.com Website constitute the entire agreement between Mstand.com and you with respect to your use of the Mstand.com Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof. You irrevocably consent to Toronto, Ontario, Canada as the forum to resolve any dispute which may arise in connection with the Service, your use thereof or these Terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
14. Notification of Changes
From time to time, Mstand.com may revise these Terms to keep them up to date with Mstand.com's products and services. Please refer to the Mstand.com Website periodically for any changes. The update date is used to alert you to recent modifications. In addition if Mstand.com makes any material changes to these Terms, you will be sent a notification describing such changes to the email address where your magazines are delivered. If you do not wish to accept the changed Terms, you may immediately cancel your Mstand.com subscriptions. Your access or use of the Mstand.com Service subsequent to such an update or email notification will signify your agreement to be bound by such changes and all other Terms.


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