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Terms of Service / Privacy Policy
INTRODUCTION
Welcome to the Internet Site of BreakDownMagazine.com.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using the Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Site will mean you accept these terms.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this Site are the copyrighted property of Breakdown, Inc. All trademarks, service marks, and trade names are proprietary to Breakdown, Inc. No material from any Breakdown site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Breakdown Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.
LINKING
Breakdown, Inc. does not provide specific
permission to third parties that wish to place a link
on their Web site to a Breakdown, Inc. Web page. However,
we do not generally object to such links if you refer
to our company name or product names in a plain text
font and format, follow our general trademark guidelines,
and use appropriate wording such as "This way
to break-down.com" or "Click here for more
information on Breakdown, Inc.". Except as part
of the linking methods listed below, you may not use
the Breakdown, Inc. corporate logo or any other Breakdown,
Inc. logo or graphic to link to Breakdown, Inc.. The
linking methods currently available are listed below.
Breakdown,
Inc. - " Stats and Scores " linking banner.
Use the following URL for linking to Breakdown, Inc.
http://www.break-down.com
Download
a copy NOW!
Breakdown, Inc. - " Get into it! " linking banner.
Use the following URL for linking to Breakdown, Inc.
http://www.break-down.com
Download a copy NOW!
TRADEMARKS (Breakdown, Inc. Corporate Logo Guidelines)
The Breakdown, Inc. Corporate logo ("Logo")
may only be used pursuant to the guidelines in this
document to identify Breakdown, Inc. Corporation, or
Breakdown, Inc. products or services. Any use that falls
outside what is outlined herein is strictly prohibited.
The Logo may not be used in any manner that might imply
that any non-Breakdown, Inc. materials, including but
not limited to goods, services, web sites, or publications,
are sponsored, endorsed, licensed by, or affiliated
with Breakdown, Inc.
The Logo may not be displayed as a primary or prominent
feature on any non-Breakdown, Inc. materials. Companies
using the Logo pursuant to these guidelines must also
display in the primary and more prominent position,
their own logo's), business name, product names, or
other branding.
The Logo may not be imitated, or used as a design feature
in any manner.
The Logo may not be used in a manner that would disparage
Breakdown, Inc. Corporation or its products or services.
The Logo must be used as provided by Breakdown, Inc.
Corporation with no changes, including but not limited
to changes in the color, proportion, or design, or removal
of any words, artwork, or trademark symbols. The Logo
may not be animated, morphed, or otherwise distorted
in perspective or appearance.
Use only approved Breakdown, Inc. logo artwork.
To properly stage the Logo, a minimum clearance between
the Logo and other elements must be maintained.
The Logo must only appear in a horizontal position.
The Logo must stand alone and may not be combined with
any other object, including but not limited to other
logos, words, graphics, photos, slogans, numbers, design
features, or symbols.
The Logo must not be incorporated or used in any manner
as part of, or in close proximity to another company's
name, domain name, product or service name, logo, trade
dress, design, slogan, or other trademarks. The Logo
must never appear with any other symbol or icon; contained
within a box, circle, or other shape; or combined with
any other name, logo, or icon to create a co-branded
logo.
Neither the Logo or the Breakdown, Inc. name may be
used in any other company name, product name, service
name, domain name, web site title, publication title,
or the like.
Non-Breakdown, Inc. materials should not mimic any
Breakdown, Inc. advertising, product packaging, or web
site design.
Breakdown, Inc. reserves the right in its sole discretion
to terminate or modify permission to display the Logo,
and may request that third parties modify or delete
any use of the Logo that, in Breakdown, Inc.'s sole
judgment, does not comply with these guidelines, or
might otherwise impair Breakdown, Inc.'s rights in the
Logo. Breakdown, Inc. further reserves the right to
object to unfair uses or misuses of its trademarks or
other violations of applicable law.
CREDIT CARDS
Breakdown, Inc. takes the issue of your privacy seriously. We do not share your credit card information with anyone else. For more information, please read our Privacy Policy.
To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to our merchant.
SUBSCRIPTIONS/BILLING
Some services offered on BreakdownMagazine.com are subscription-based services, such as the Breakdown Online Magazine. If you open a subscription- based account with our site, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.
Breakdown Inc. agrees that it will terminate Customer's account upon notice from Customer. Please Note: NO REFUNDS WILL BE MADE ONCE CREDIT CARD OR CHECK TRANSACTION HAS BEEN PROCESSED.
Please Note: Your Subscription will be automatically renewed and your credit card account will be charged as follows:
- Every Month for Monthly Subscriptions
- Upon every one (1) year anniversary for Annual Subscriptions
The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by the BreakdownMagazine.com site. Customer will have thirty (30) days after the date that any renewal fee is posted to Customer's charge account to give notice that he or she wishes to cancel his or her subscription. The subscription will be cancelled upon receipt of such notification and a credit will be posted to Customer's charge account equal to the latest renewal fee charged.
Customer's right to use the Service is subject to any limits established by Breakdown Inc. or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned for any reason, including chargeback, Breakdown Inc. reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of Breakdown Inc. hereunder.
If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored on the BreakdownMagazine.com website please notify us of the problem to avoid possible liability for any unauthorized charges to Customer's account.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY BREAKDOWN INC. SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE 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 OUR 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 ANY BREAKDOWN INC. SITE.
TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all Breakdown Inc. Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all Breakdown Inc. Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Breakdown Inc. Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
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