Terms of Use
Last Updated: October 19, 2020
Welcome to Taste of Life Culture Group. (“us”, “we”, or “our”). The products and services to which these Terms of Use apply include the websites Magnifissance.com, Pin-Wei.com (collectively, the “Websites”) and the digital magazines Magnifissance and our Special Issues (collectively, the Digital Editions) offered through apps and available for download through third-party digital newsstands such as iTunes, Google Play and Texture. The Websites and Digital Editions shall be collectively referred to as the “Digital Products and Services”.
These Terms of Use apply to all visitors to and users of the Digital Products and Services (“Users”), whether or not you have registered or subscribed for any of the products or services offered on the Digital Products and Services, including any mobile version thereof. By accessing or using the Digital Products and Services, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Digital Products and Services after any such changes are posted constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Digital Products and Services.
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Privacy
We care about the privacy of our Users. We have established a Privacy Policy to govern how user information is collected and used. By registering, accessing or using the Digital Products and Services, you are signifying your acknowledgment and agreement to Magnifissance Magazine Privacy Policy. Click here to view the Privacy Policy.
Accuracy of Registration Information
In consideration of your use of the Digital Products and Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Websites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Registration Data or any other breach of security.
Proprietary Rights in Site Content
All content on the Digital Products and Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are the property of Taste of Life Culture Group or its licensors with all rights reserved. No Digital Products and Services Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Trademarks
Taste of Life, Magnifissance and other graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress in Canada and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Mobile Services
The Digital Products and Services may include certain services that are available via your mobile phone. Your carrier’s normal messaging, data, and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the mobile services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such mobile services. By using the mobile services, you agree that we may communicate with you regarding the Digital Products and Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.
Third Party Websites and Content
The Websites contain(s) (or you may be sent through the Websites) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Websites or any Third Party Content posted on, available through or installed from the Websites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Websites and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Websites or relating to any applications you use or install from the Websites.
Acceptable Site Use
Security. Users are prohibited from violating or attempting to violate the security measures on this site, including, without limitation:
1. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
2. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or
3. hijacking all or any part of the site content, deleting or changing any site content, or linking to the site without our specific written permission.
4. Using a false password or one belonging to another user or accessing data not intended for the User or logging into a server or account which such User is not authorized to access;
5. attempting to interfere with service to any User, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”;
6. sending unsolicited email, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Submissions
If you contact this site in order to submit your comments, ideas or other materials of any kind, we reserve the right to consider all such materials voluntarily submitted by Users as non-confidential and free of any claims of proprietary or personal rights.
Disclaimers
Neither we nor our agents or representatives are responsible or liable in any manner for any Third Party Content posted on the Digital Products and Services or in connection with the Service. We do not control and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Digital Products and Services in connection with any Third Party Content.
The Digital Products and Services may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Digital Products and Services or combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Digital Products and Services, including any Mobile Service. Under no circumstances will we be responsible for any loss or damage, resulting from anyone’s use of the Websites or the Service or Third Party Content posted on or through the Digital Products and Services.
THE DIGITAL PRODUCTS AND SERVICES (INCLUDING MOBILE SERVICES) AND ALL DIGITAL PRODUCTS AND SERVICES CONTENT ARE PROVIDED “AS-IS”. TASTE OF LIFE CULTURE GROUP DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE DIGITAL PRODUCTS AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE DIGITAL PRODUCTS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE SERVICE) FROM OR THROUGH THE DIGITAL PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
We reserve the right to change any and all content, software and other items used or contained in the Digital Products and Services offered through the Digital Products and Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith.
Limitation on Liability
IN NO EVENT WILL TASTE OF LIFE CULTURE GROUP OR ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST INCOME OR LOST DATA OR DAMAGE TO ANY COMPUTER SYSTEM, ARISING FROM YOUR USE OF THE DIGITAL PRODUCTS AND SERVICES, OR ANY OF THE DIGITAL PRODUCTS AND SERVICES CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF WE ARE IS AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID FOR USE OF THE DIGITAL PRODUCTS AND SERVICES GIVING RISE TO A CLAIM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND, REGARDLESS OF THE CAUSE OF ACTION.
Term & Termination
Subject to this Section, these Terms of Use will remain in full force and effect while you use the Digital Products and Services. We reserve the right, at our sole discretion, to limit or terminate access to the Digital Products and Services and/or prohibit you from using or accessing the Digital Products and Services (or any portion, aspect or feature of the Digital Products and Services) for any reason, or no reason, at any time in our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to the Digital Products and Services and/or suspend or terminate the registration, subscription or membership of any party who violates these Terms of Use.
Governing Law; Venue and Jurisdiction
These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. The User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.
Arbitration
YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE DIGITAL PRODUCTS AND SERVICES IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE DIGITAL PRODUCTS AND SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE DIGITAL PRODUCTS AND SERVICES) SHALL BE FINAL AND BINDING ARBITRATION. Any arbitration shall be conducted in Toronto, in English, by a single arbitrator in accordance with the Arbitration Act (Ontario).
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Digital Products and Services (including your visit to or use of the Digital Products and Services) be instituted more than two (2) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Taste of Life Culture Group, its parents, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any violation of this Agreement or of any law or the rights of any third party.
Other
These Terms of Use constitute the entire agreement between you and us regarding the use of the Digital Products and Services, superseding any prior agreements between you and us relating to your use of the Digital Products and Services. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
