PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING THE RULES OF CONDUCT FOR BULLETIN BOARDS SET FORTH BELOW. If YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Restrictions on use of materials

This site is owned by Shattered Magazine (herein referred to as “Shattered Magazine”, “we,” “us,” or “our”). You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively called “Content”), which is generally provided by Shattered Magazine or its contributors or by licensors of Shattered Magazine. No material from Shattered Magazine, or ShatteredMagazine.net or any other Web site owned, operated, licensed or controlled by Shattered Magazine may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Modification or use of the materials for any commercial purpose is a violation of copyright and other proprietary rights owned by parties including Shattered Magazine and its affiliates.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHATTERED MAGAZINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHATTERED MAGAZINE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHATTERED MAGAZINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SHATTERED MAGAZINE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Purchase of products or services

You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. Shattered Magazine does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis (individual downloads, shipped products, photo cards) or promotional offerings are non-refundable.

Premium membership subscriptions

If you purchase an annual subscription or gift subscription, the subscription will begin effective on the date payment is received and will continue for the period provided for the subscription you purchased. Annual subscriptions will terminate at 12:01 am on the calendar date one year and one day from the day the subscription was purchased.

Personal annual subscriptions will be automatically renewed at the end of the subscription term unless you cancel your renewal during the current subscription period or you request a cancellation within thirty (30) days after your renewal date. Gift subscriptions will not be automatically renewed.

If you purchase a single issue, your access to the issue and website will beging effective on the date payment is received and will continue for 31 days after purchase. Your renewal is not automatic.

Occasionally we offer an opportunity for customers to try our subscription services on a trial basis. To sign up for the trial, you must provide payment information. If you cancel during such trial period, the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge your credit card the subscription fee. No refunds will be issued after the trial period.

If you are unhappy with your purchase at any time, please contact us and we will refund the prorated amount of your subscription. We are sorry, but single issue purchases cannot be refunded.

Shattered Magazine may discontinue or suspend the offering of any goods or services at any time and will refund the pro-rated value of any credits remaining based on the purchase price paid.

Member conduct

To access many features on the site, and to purchase any goods or services, you may be required to create an account with Shattered Magazine.net. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify Shattered Magazine.net of any unauthorized access or tampering of your account, or suspected breach of security.

You agree that any information you provide to Shattered Magazine.net is truthful and accurate, and complete including the name or identity of the sender of any e-card or other message, service or product. You agree to not use Shattered Magazine.net to upload, post, e-mail, send, or initiate the sending by any means, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to Shattered Magazine.net, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify Shattered Magazine.net for all claims resulting from any content you supply. By submitting content to Shattered Magazine.net through web-based functions or via e-mail, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to Shattered Magazine.net solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to Shattered Magazine.net for the sole purpose of delivering products and services.

You acknowledge that Shattered Magazine.net is not obligated to prescreen content submitted by users, but that Shattered Magazine.net shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via Shattered Magazine.net or to refuse to accept content for use in any products or services offered on or through Shattered Magazine.net by any user that violates these terms of service or is otherwise objectionable in Shattered Magazine.net’s sole judgment. Shattered Magazine.net may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user’s submission of content. If, upon such request, Shattered Magazine.net does not receive information it deems sufficient to evidence such rights, Shattered Magazine.net reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.

You also acknowledge and agree that Shattered Magazine.net 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: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of Shattered Magazine.net, its users and the public.

You may not use any automated program or script to automate the process of sending or viewing any of the content on this site.

If, in Shattered Magazine.net’s sole determination, you violate Shattered Magazine.net’s Member Conduct policy, Shattered Magazine.net, may block you, and those using any email account associated with you from using any or all of the services available on Shattered Magazine.net. If you are a member of a subscription service, Shattered Magazine.net may terminate or disable your account or subscription without compensation or refund. SHATTERED MAGAZINE.net RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY SHATTERED MAGAZINE.net TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Third party property

You agree that you may upload to the software files and bulletin boards, or otherwise transmit on or through this site, only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. Unless specified otherwise in your upload, by submitting Content to any “Public Area” (e.g. public chat rooms, bulletin boards, etc.) you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. In other words, if you don’t own the content, or if you don’t have permission from the person who does, don’t upload it to this or any other site of ours.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall Shattered Magazine be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Shattered Magazine or a Shattered Magazine authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Shattered Magazine’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

Unsolicited submissions

Shattered Magazine welcomes comments regarding its products and services. However, our policy is not to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested (i.e. written article submission or photography submissions IAW with Guidelines for Writers and Guidelines for Photographers and applicable Terms and Conditions or contest participation). We hope you will understand that it is the intent of this policy to avoid misunderstandings when projects developed by our extremely prolific staff are similar to someone else’s creative work. Accordingly, we must ask that you NOT send us any such ideas. We do value your feedback about our services and products, but we request that you be specific in your comments about those services and products, and we further request that you NOT submit any creative ideas, suggestions or materials. If, in spite of our requests NOT to, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Shattered Magazine. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

Other

This agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Shattered Magazine site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Shattered Magazine if in Shattered Magazine’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Shattered Magazine site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.