TERMS OF SERVICE

OVERVIEW
This website is operated by CREEM Magazine, LLC. Throughout the site, the terms "CREEM Magazine", "CREEM",“we”, “us” and “our” refer to CREEM Magazine, LLC, creem.com, creemmag.com (and any subdomains), its affiliates, and its subsidiaries. CREEM Magazine, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE AND SUBSCRIPTION TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

All prices are in U.S. dollars. Plus sales tax where applicable. Introductory rates are for a limited time only and may be revised at any time.

Free domestic shipping on magazine issues and Fan Club gift; international shipping rates apply.

Your Fan Club gift will ship within 8 to 10 weeks. CREEM Magazine publishes quarterly (4 issues/calendar year). Issues will begin mailing in September 2022. If you subscribe after August 21, 2022, your subscription will begin with CREEM #002 shipping in December 2022.

Digital archive access includes issues of CREEM Magazine as originally published from 1969 - 1989, plus new issues as they are released.

Subscriber discounts at creem.com apply only to full-priced merchandise and may be subject to capping or revocation if abused.

After your initial one-year term, your subscription will automatically renew for a successive one year term. The term and rate may change at each renewal anniversary. Your subscription will continue to renew until you cancel. Before each renewal, we will send a reminder with the term and rate then in effect to the email address you provided us. If you do nothing, we will charge the payment method on file. You can cancel your Fan Club or Print + Digital subscription at any time after your initial one-year term. To request a refund for the unused portion of your Fan Club or Print + Digital subscription, contact customerservice@creem.com. Digital-only subscriptions can be canceled via your account settings at any time and will terminate upon the subsequent monthly billing cycle.

If you enrolled for any of our services under a special introductory offer (for example, a discounted or free initial trial or free merchandise), you are subject to the terms of the offer you accepted and, unless you cancel within the time frame presented in the offer, the applicable regular fee for the services you selected will be posted to your payment method after the introductory offer or trial period is completed. We reserve the right to limit any introductory or trial offer to one per person/household.

Nothing on the sites or services constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities of products and/or services ordered for you or your household. There may be information on the sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to whether information on the sites or services is current or the completeness or accuracy of any information on the sites or services.

By using our sites or services or making a purchase you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (“Electronic Mailings”). We will provide these Electronic Mailing by posting them on our website or on your account page and/or emailing them to the email address associated with your account. You agree that the Electronic Mailings satisfy legal communication requirements, including but not limited to requirements that any such communications be in writing. Electronic Mailings will be deemed received by you within 24 hours of issuance.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on, or liability arising from the use/distribution of, the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only (with no warranty as to accuracy or content). We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.Updates or modifications may also modify or delete in their entirety certain features and functionality. You agree that CREEM Magazine has no obligation to provide any updates or to continue to provide or enable any particular features or functionality or other aspects of its sites or Services.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Your only right with respect to any dissatisfaction with any modifications made to our sites or the Service, or any policies or practices of CREEM Magazine in providing its Services is to cancel your account and/or stop using the sites/content or Services.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Failure to do so may result in the suspension, termination, or non-delivery of the Services or Products.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party or any user's misuse or misappropriation of any UGC (as defined herein) or information you post on or through the site.

This site (including all affiliated sites, mobile apps, and social media pages) may provide you with the opportunity to submit, post, or display content, such as photos, images, text, and other content, traditionally called user generated content (“UGC”). You can do this either by uploading UGC directly to this site or by posting UGC to your social media accounts and tagging the UGC with one of our promoted hashtags (e.g., #BoyHowdy!, #Creem, #CreemMagazine). By submitting UGC to this site or posting UGC to your social media accounts, you represent that: (1) your UGC is your original creation for which you own and/or control all rights, (2) your UGC does not violate any laws or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (3) your UGC will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your UGC to be included and displayed in the UGC as provided herein, (5) you have the full power and authority to grant the rights contemplated herein, and (6) that you are above the age of 18. If your UGC shows a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo or video image for commercial use. Submitting UGC to this Site or posting UGC to your social media accounts means that you automatically grant us, our partners, designees, and our third-party service providers (collectively, the “Licensed Parties”) a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid license for the Licensed Parties to use that UGC and your image, likeness, username, real name, caption, location or other identifying information in connection with your UGC, for any lawful purpose, including but not limited to any commercial advertising, in any manner or media now or later developed, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that UGC to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any UGC.

You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm CREEM Magazine and we are entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms of Service.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We reserve the right to monitor all network traffic to the sites or Services and anyone using the sites or Services expressly acknowledges that such monitoring may occur. We may block unauthorized attempts or intrusions to upload or change information or cause damage to the sites or Services in any fashion. You acknowledge that CREEM Magazine has no general obligation to monitor UGC nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or to edit any UGC in order to: (i) operate, secure and improve the security of the Sites or Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms of Service; (iii) comply with applicable laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to UGC or user conduct that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms of Service.

SECTION 12(a) – NOTICE OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") – (UNITED STATES ONLY)

We do not permit copyright infringing activities on this site. We may remove any UGC of any kind if properly informed that the UGC infringes another's copyright rights. We may terminate the ability to submit UGC if, under appropriate circumstances, a person submitting UGC to this sit is determined to be a repeat infringer.

If you are a copyright owner or an agent for such owner and believe that any UGC or other material on this siteby third parties infringes upon your copyrights, you may notify us by providing the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
  3. Identification of the UGC or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the same;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the UGC or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringe

Our agent for notice of claims of copyright infringement can be reached as follows:

CREEM Magazine, LLC
240 Kent Ave
Brooklyn, NY 11249

By email: info@creem.com

If you fail to comply with all of the requirements above, your notice may not be valid.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Boy Howdy! The Story of CREEM Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Boy Howdy! The Story of CREEM Magazine and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.Termination will not limit our rights or remedies at law or in equity.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Ohio.

In the event a dispute arises between you and CREEM Magazine (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by writing to info@creem.com. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to a court of competent jurisdiction in Defiance Country, Ohio or JAMS, or its successor (collectively, “JAMS”), for mediation as provided hereinbelow. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire.

Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND CREEM MAGAZINE EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO TIME’S INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator's decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

YOU AND CREEM MAGAZINE EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES.

YOU AND CREEM MAGAZINE EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

These dispute resolution provisions shall survive termination of these Terms.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@creem.com


SECTION 21 - CREEM 001 POSTER GIVEAWAY TERMS + RULES
PRIZE: Win A Poster Print of the CREEM 001 Cover
NUMBER OF WINNERS: 5
START DATE: Tuesday, October 4, 2022 3:30 pm ET
END DATE: Tuesday, October 11, 2022 11:59 pm ET
DRAWING DATE: Wednesday, October 12, 2022 11:00 am PT
ELIGIBLE COUNTRIES: Open to legal residents of the United States only
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.

1. Eligibility.
The CREEM 001 Poster Print Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States and the District of Columbia. Void where prohibited by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon selected Entrant fulfilling all requirements set forth herein.

2. Sweepstakes Entry Period.
The Sweepstakes Entry Period shall begin and end on the dates and times specified (each a distinct “Sweepstakes Entry Period”). Entries received outside the applicable Sweepstakes Entry Period will be void. Sponsor is the official time keeper for each Sweepstakes.3. How to Enter the Sweepstakes.
(i) Follow CREEM on Instagram (@creemmag) (b) “Like” the sweepstakes post on the CREEM Instagram (c) Leave a comment on the sweepstakes post tagging another Instagram user (d) Send a direct message to the CREEM instagram (@creemmag) with the correct answers to the posted pictogram puzzles featured in the sweepstakes post

3. How to Enter the Sweepstakes.
(i) Follow CREEM on Instagram (@creemmag) (b) “Like” the sweepstakes post on the CREEM Instagram (c) Leave a comment on the sweepstakes post tagging another Instagram user (d) Send a direct message to the CREEM instagram (@creemmag) with the correct answers to the posted pictogram puzzles featured in the sweepstakes post.

4. Maximum Number of Sweepstakes Entries.
Limit of 10,000 entries per person per Sweepstakes, regardless of entry method. Entries beyond the permitted number are void. Any attempts by an Entrant to submit more than 10,000 entries total per Sweepstakes may result in such Entrant being disqualified.

5. Sweepstakes Winner Selection.
For the Sweepstakes, Sponsor will select the specified number of potential Prize winners in a random drawing among all valid entries received during the applicable Sweepstakes Entry Period. Sponsor will contact the potential Prize winner(s) using the email address the potential Prize winner(s) used to enter the applicable Sweepstakes. Odds of winning a Prize depends on the number of eligible entries received during the applicable Sweepstakes Entry Period.

6. Prize.
THE PRIZES ARE OFFERED AND PROVIDED "AS IS" WITH NO WARRANTY OR GUARANTEE BY SPONSOR OR ADMINISTRATOR OTHER THAN WHAT IS EXPRESSLY INCLUDED WTH THE PRIZE.

All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the Verified Prize Winner(s). Verified Prize Winner(s) will be responsible for all other expenses relating to the receipt and use of the Prize. Gift Cards are subject to their terms. Prizes are nontransferable and may not be substituted or redeemed for cash by Verified Prize Winner(s). Sponsor reserves the right to substitute the Prize, in whole or in part, for one of equal or greater value. All federal, state, and local taxes are solely the responsibility of Verified Prize Winner(s). Odds of winning any Prize depend on the number of valid and eligible entries received during the applicable Sweepstakes Entry Period.

Maximum Number of Prizes: Two (2) prizes won per calendar year

IF TRAVEL IS PART OF THE PRIZE: In the event that travel is part of the Prize, Verified First Prize Winner and his/her guest, if applicable, must commence and complete the trip by the dates specified by Administrator (exclusions/blackout dates may apply). Winner and his/her guest, if applicable, must travel on the same itinerary. If Verified Prize Winner is unable to travel on the dates booked and/or provided by Administrator, the Prize will be forfeited and no additional prize will be awarded. All travel-related and other expenses not set forth herein, including but not limited to meals, ground and other transportation, parking, gratuities and incidental hotel expenses, are the sole responsibility of Verified Prize Winner. Verified Prize Winner is responsible for all transportation, tax, license, title fees and insurance for transportation and other related, applicable expenses. Both the Verified Prize Winner and his/her chosen travel companion, if applicable, must be 18 years or older. Verified Prize Winner and his/her travel companion, if applicable, will be required to sign a release before going on the trip.

COVID-19 ACKNOWLEDGEMENT: Entrants and Verified Prize Winner(s) acknowledge that an inherent risk of exposure to Coronavirus/COVID-19 exists in any space where people are present and that Sponsor and/or Administrator cannot guarantee that Entrants and Verified Prize Winner(s) will not become infected with the Coronavirus/COVID-19. Entrants and Verified Prize Winner(s) voluntarily seek to participate in Sweepstakes and acknowledge that by accepting a Prize, they may be increasing the risk of exposure to the Coronavirus/COVID-19.

If the Prize cannot be awarded for any reason, including Acts of God, acts of terrorism, civil disturbances, work stoppage, COVID-19, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), any other natural disaster outside of Sponsor’s control, or any other cause, whether or not specifically mentioned above, then Sponsor may award an alternate cash Prize for the approximate value of the unawarded portion of Prize, in an amount determined by Sponsor in its sole discretion.

7. Verification of Potential Prize Winners.
POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. Any potential Prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sponsor may run a background check on any potential winner(s) and, if applicable, his/her guest(s). Sponsor reserves the right, in its sole discretion, to disqualify any potential Prize winner or potential guest(s) based on the results of such background check. The potential Prize winner(s) may be required to execute and return to Sponsor for its receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. Sponsor may, but is not obligated to, exercise its rights under such Affidavit. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner is found to be ineligible to enter the Sweepstakes or receive the Prize; (e) potential winner cannot or does not comply with the Official Rules; or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential Prize winner shall be disqualified from the Sweepstakes and an alternate potential Prize winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Prize winner, if any.

8. Entry Conditions and Release.
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, Administrator, and/or its/their designee(s) which are binding and final in all matters relating to these Sweepstakes; (b) release and hold harmless Sponsor, Administrator, and its/their respective parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to participation in the Sweepstakes, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Sweepstakes and/or Entrant’s acceptance, use or misuse of any Prize.

9. Publicity.
Except where prohibited, participation in the Sweepstakes constitutes each Prize Winner’s consent to Sponsor’s and its agents’ use of each such winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

10. General Conditions.
Sponsor and/or Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor and/or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor and/or Administrator in its/their sole discretion. Sponsor and/or Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event that Sponsor and/or Administrator experiences a technical failure during admission of the Sweepstakes that causes the Sweepstakes to be suspended, Administrator shall select a winner(s) by random drawing from all valid entries received up to the point of the technical failure.

In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Sweepstakes will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner(s) of any Prize may be required to show proof of being the authorized account holder to be awarded the Prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or cancelled.

11. Limitations of Liability.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Sweepstakes; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error, which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of Prizes will be awarded. If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, force majeure, epidemic or pandemic, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED THE DONATION AMOUNT OR IN THE EVENT OF A NON-DONATION ENTRANT, TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE SWEEPSTAKES ENTITIES. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”

12. Dispute Resolution.
Except where prohibited by law, as a condition of participating in this Sweepstakes, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. Entrants further agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor and Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any Prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

13. Entrant’s Personal Information.
When registering for the Sweepstakes, you expressly agree to receive email promotional communications from Sponsor unless and until you opt-out at any time. Information collected from Entrants is subject to and governed by the Sponsor’s Privacy Policy, which is available at https://fandiem.com/pages/privacy-policy. If you are selected as a potential or verified Prize winner, your name, city and state may also be included in a publicly available Winners' List.

14. Language.
In the event that there is an inconsistency between the English language version of these Official Rules and/or of any other Sweepstakes-related materials and another language version, the English version shall prevail, govern, and control.