all revisions as follows.
Nomads Global Media Inc. will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18 you may use Nomads Magazine only under the supervision of a parent, or legal adult guardian who agrees to be bound by these Terms.
User Account, Password, and Security
Upon creating a user account or subscription account, you agree to provide Nomads Global Media Inc. with a current email address. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account designation upon completing the Site’s registration process. You are responsible for all activities that occur under your password or account. Nomads Global Media Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
In using this Website, you agree to not:
- upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this website or otherwise (“Content”) that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, download, post, email or otherwise transmit any Content that is libelous, defamatory, obscene, threatening, abusive, or otherwise objectionable;
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
- access, tamper with or use nonpublic areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites.
- Upon uploading Content, you acknowledge that Nomads Global Media Inc. may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Nomads Global Media Inc. and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Nomads Global Media Inc.
- You acknowledge and agree that Nomads Global Media Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of thirdparties; or (iv) protect the rights, property, or personal safety of Condé Nast Trade, its users and the public.
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
You agree to receive communication from Nomads Global Media Inc. via email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
Prices for products on Nomads Global Media Inc. are described on our Site and incorporated into these Terms by reference. All prices are in US Dollars. Prices and products may change at Nomads Global Media Inc. discretion.
In the event that a Nomads Global Media Inc. product is mistakenly listed at an incorrect price, Nomads Global Media Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nomads Global Media Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nomads Global Media Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
All brand, product and service names used in this Site that identify Nomads Magazine. or third parties and their products are proprietary marks of Nomads Global Media Inc.. and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Nomads Global Media Inc. or any third party with respect to any such image, logo or name. You shall not make any use of any Nomads Global Media Inc.trademarks, logos, or trade dress without prior express and written approval by Nomads Global Media Inc..
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Nomads Global Media Inc., its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.
You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
Copyright and Intellectual Property Policy
Nomads Global Media Inc. respects the intellectual property rights of others and we require our users to do the same. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Nomads Global Media Inc. team, and provide the following information (“Notice”):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
- a description of the copyrighted work and/or trademark claimed to have been infringed;
- a description of where the claimed infringing Content is located on our Site;
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Nomads Global Media Inc. for notice of claims of copyright or other intellectual property infringement can be reached as follows: Nomads Global Media Inc 200 West 123rd Street #5A New York, NY 10027
You agree to defend, indemnify and hold Nomads Global Media Inc. and Nomads Global Media Inc. officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Nomads Global Media Inc. express written consent.
Disclaimer of Warranties
You understand and agree that your use of the site is at your sole risk. This site and the information, services, products, and materials available through it are provided on an “as is” and “as available” basis.
To the fullest extent permissible pursuant to applicable law, Nomads Global Media Inc. and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Nomads Global Media Inc. does not make any warranty that (a) the site or its content will meet your requirements, or (b) that the site or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, or (d) that defects, if any, will be corrected. You agree that Nomads Global Media Inc. shall have no responsibility for any damages suffered by you in connection with the site or any content contained therein including but not limited to loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Nomads Global Media Inc., its affiliates, its licensors, or a user’s own errors and/or omissions.
You expressly agree that use of this service, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.
Limitation of Liability
You expressly agree that under no circumstances shall Nomads Global Media Inc. or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Nomads Global Media Inc. or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Nomads Global Media Inc. has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site or (e) any other matter relating to the site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
These Terms shall be governed by and construed in accordance with the laws of the state of New York without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in New York, New York. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof.
No agency, partnership, joint venture, employee employer or franchise or franchisee relationship is intended or created by these Terms. Nomads Global Media Inc. may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Nomads Global Media Inc. failure to act with respect to a breach by you or others does not waive Nomads Global Media Inc. right to act with respect to subsequent or similar breaches. These Terms constitutes the entire agreement between you and Nomads Global Media Inc., and supersedes all other communications, written or oral, with regard to the services provided by Nomads Global Media Inc..