Terms & Conditions

Photographic Journey Magazine Abet Publishing is a company that publishes content on digital devices.
Photographic Journey Magazine can be downloaded from the App Store (iTunes Store). This means that the terms and conditions of the iTunes Store (http://www.apple.com/legal/internet-services/itunes/) are applicable to the purchase of Photographic Journey Magazine. Supplemental to these terms and conditions, the terms of use as given below are applicable as well (furthermore referred to as: “Terms of Use”).

Photographic Journey Magazine is owned by Abet Publishing, a Los Angeles California based publishing company. Abet Publishing In these Terms of Use the company is referred to as “Photographic Journey” and all Photographic Journey Publications and Products as “Photographic Journey Publications”.

1 Terms of Use

1.1 In these Terms of Use the words “we”, “us” and “our” refer to Photographic Journey. The words “you” and “your” refer to the person or entity that acquires a copy or copies of Photographic Journey Publications by downloading them from the App Store or through other media.

1.2 By downloading Photographic Journey Publications and/or using other services provided by Photographic Journey, you accept and agree to be bound, without modification, limitation or qualification, by the iTunes Store Terms and Conditions and these Terms of Use. The applicability of any other terms and conditions (or terms of use) is excluded.

1.3 We reserve the right to update the Terms of Use at any time without any notice. The most current version of the Terms of Use can be reviewed by clicking on the “Live” hypertext link in the Photographic Journey App and "Terms & Conditions" hypertext link on the Photographic Journey website: www.PhotographicJourneyApp.com.

2 Subscription

2.1 In order to purchase some Photographic Journey publications you can subscribe to through the iTunes Store. With the subscription you enter into an agreement with the iTunes Store, that is to say: the legal entity behind the iTunes Store (furthermore referred to as: “the iTunes Store”). The terms and conditions of the iTunes Store are applicable to the subscription. We do not take any responsibility nor accept any liability whatsoever for concluding, terminating or executing the subscription agreement between you and the iTunes Store.

2.2 To subscribe, your name, e-mail address and zipcode are required by the iTunes Store. The privacy policy of the iTunes Store is applicable to the processing of this personal data. We are neither responsible nor liable for the processing of this data by the iTunes Store.

2.3 For some Photographic Journey Publications additional fee may be charged. Fees are due as from the day of confirmation of the purchase. Payments take place through the iTunes payment account, which means that the iTunes Terms and Conditions are applicable to all payments. Photographic Journey declines any responsibility for any claim, miscommunication or miscalculation concerning the payment or collection of the subscription fees.

3 Intellectual Property Rights

3.1 Photographic Journey Publications, App pages and Websites contain material protected by intellectual property rights under the laws of The U.S.A as well as other countries. You may view and download a copy of the (contents of) Photographic Journey Publications solely for personal and non-commercial use. Neither the availability of, nor anything contained within Photographic Journey Publications, App pages and Websites shall be construed as conferring any license, under any of Photographic Journey’s or any other party’s intellectual property rights, whether explicitly or by implication.

3.2 It may occur that material has been licensed under a Creative Commons license. If so: Photographic Journey will endeavour to add this information to every work to which it applies. Please note that you may only use this material under the (combination of) conditions as attributed by the original author. Clause 3.3. as well as clause 8 of these Terms of Use are explicitly applicable to the licenses as meant in this clause.

3.3 The use of the contents of Photographic Journey Publications, App pages and Websites, or any portion thereof in any other publication (whether electronic, digital or otherwise) without express prior written permission of the owner of the intellectual property rights is strictly prohibited. The trade marks, logos and service marks displayed on our App pages and on our Website are owned by Photographic Journey and/or third parties. You may not use these marks without the express prior written permission of Photographic Journey or such third party.

3.4 You agree to indemnify and hold harmless Photographic Journey from and against any damages, costs and expenses, including legal and accounting fees, incurred in connection with any claims, actions and demands alleging from infringing intellectual property rights of Photographic Journey or others.

4 Warranties and liability

4.1 We can in no way be held responsible for inaccessibility of (parts of) the App and Photographic Journey Publications or advertisements for whichever reason, since this is beyond our functional and technical reach. We therefore do not warrant that the App and Photographic Journey Publications operate error free, continuously or without interruption.

4.2 The information in Photographic Journey Publications, advertisements, as well as the information on our App pages and Websites, are provided on an “as is” basis without any warranties of any kind. The information may contain inaccuracies or typographical errors. We do not issue any guarantees with respect to the accuracy, reliability, completeness or the temporary nature of the information and/ or communications.

4.3 Except as expressly set out in these Terms of Use, we are not liable to pay damages for using the App or the information in Photographic Journey Publications or any damages and losses caused by delays, interruptions, inaccurate information or content, or any other wrongful, unlawful or unreasonable activity by third parties (including, but not limited to, the Apple Company), unless such direct damages are caused by wilful misconduct or gross negligence of employees of Photographic Journey. Under no circumstances does Photographic Journey accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses or any other form of economic or personal loss.

5 Advertising

5.1 We offer the possibility to place advertisements in Photographic Journey Publications, on our App pages, our Websites or any other medium Photographic Journey may introduce. All ads – in whichever form and through whichever medium - are subject to these Terms of Use, notably to this clause.

5.2 If you wish to advertise through Photographic Journey, we may offer you an additional agreement, which agreement will contain supplementary provisions. In the event of conflict between the contents of the additional agreement and these Terms of Use, the additional agreement shall prevail.

5.3 All advertisements will be reviewed by Photographic Journey and are subject to our approval. Photographic Journey reserve the right to refuse or cancel any advertising at any time for any reason.

5.4 The advertiser represents and warrants that all rights, including but not limited to any intellectual property rights, arising out of, or relating to, advertising material are either owned by the advertiser or the advertiser has full consent from the owner(s) of the intellectual property rights to allow Photographic Journey to transmit such advertising. The advertiser or the advertising agency through whom the advertiser places advertisements, hereby agrees to defend, indemnify and hold harmless Photographic Journey from any claims, damages and expenses arising out or relating to any breach of contract or infringement of these rights.

5.5 Photographic Journey disclaims any and all warranties, whether expressly or implied with regard to its advertising services. In no event Photographic Journey shall be liable for any consequential, incidental, direct, indirect, special, punitive or any other damages arising of an advertising agreement, whether this agreement is written or oral. Under no circumstance Photographic Journey’s liability for any error concerning the advertisement services of Photographic Journey shall exceed the amount due or paid for the advertisement.

5.6 Payment of an advertisement shall be due in full 30 days as from receipt of the invoice. Cancellations of reserved advertisement space within a period of 30 days prior to the date of planned publication will incur a penalty of 25% of the total cost of the advertisement. All cancellations must be in writing (which includes email, only if sent to the proper email address).

6 Applicable law and dispute regulation

6.1 To all services and products provided by Photographic Journey the laws of California U.S.A. are applicable.

6.2 All disputes will be adjudicated exclusively by the competent court in Los Angeles California U.S.A.

6.3 In the event that any stipulation of these Terms of Use is declared void or otherwise not binding by a competent court, the remaining stipulations will remain unimpaired.

These Terms of Use are issued on 1 January 2011 and come into effect on the same date.

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