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.

Fan Club gifts are shipped for free in the continental U.S.; international shipping rates apply, as do shipping rates for Alaska and Hawaii.

Your Fan Club gift will ship within 8 to 10 weeks via Oxford Pennant.

CREEM Magazine publishes quarterly (4 issues/calendar year). If you purchased a new Print or Fan Club subscription after April 30, 2023, your annual subscription will start with CREEM #005, Fall 2023 edition, shipping in September 2023. Back issues can be purchased separately in the CREEM store, as available. Subscriber discounts apply.

Digital archive access includes issues of CREEM Magazine as originally published from 1969 - 1988, plus new issues as they are released.

Subscriber discounts at creem.com apply only to full-priced merchandise fulfilled by CREEM and may be subject to capping or revocation if abused. Subscribers discounts do not apply to Digital, Print + Digital, or Fan Club subscription purchases or renewals.

After your one-year term, your annual 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 at the end of each term 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 annual Fan Club, Print + Digital, or Digital subscription at any time by emailing info@creem.com with the request and your plan will terminate at the next 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.

CREEM sells gift cards redeemable for merchandise and CREEM subscriptions. They are subject to these Gift Card Terms and Conditions ("Gift Card Terms"), in addition to the Terms of Service and Privacy Policy on the CREEM Magazine LLC's website, which are expressly incorporated herein (collectively "Terms"). If any conflict exists between the Gift Card Terms, the Terms of Service and Privacy Policy on CREEM Magazine LLC's website, the Terms of Service shall initially govern, then the Privacy Policy, and finally the Gift Card Terms, as the case may be.As used herein, the words "you" and "your" mean the purchaser and/or recipient of a Gift Card, as applicable; the words "CREEM", "CREEM Magazine," "we," "us" and "our" mean CREEM Magazine LLC, its affiliates, digital communications and all other assets, subsidiaries, successors, and assigns.

A gift card ("Gift Card") is redeemable only for the purchase of merchandise or subscriptions on the CREEM.com webstore. Gift Card does not expire or impose any fees for non-use. Use or acceptance of the Gift Card constitutes acceptance of the Terms. To obtain your Gift Card balance, email info@creem.com.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE "DISPUTE RESOLUTION" SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.

The Gift Card is not refundable, not Returnable, and not for Resale and can only be redeemed by users with a shipping or mailing address in the United States.

Except where required by law, Gift Card may not be returned, redeemed for cash, or applied as payment on any account, and will not be replaced if lost or stolen.Gift Cards can, however, be used to purchase a gift subscription to CREEM Magazine.

Validity
Gift Card is only valid if it is obtained from CREEM.com or any of its subdomains. Gift Card obtained from unauthorized sellers or resellers may not be honored. By purchasing a Gift Card, you are certifying and representing to CREEM Magazine, LLC ("CREEM") that the activities in connection with which the Gift Card will be used will comply with these Terms and all applicable laws, rules and regulations, and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair or in any way that is harmful to CREEM or consumers. CREEM reserves the right to void or deactivate the Gift Card if it is used in violation of these Terms.

You may not purchase or obtain (i) any card with a balance over $500, or (ii) multiple cards with an aggregate balance of over $500 in one day.

Limitation of Liability
CREEM is not responsible for any unauthorized use of the Gift Card. The Gift Card is not a credit card or a debit card and carries no warranties, express or implied. In the event Gift Card is non-functional, your sole remedy and CREEM's sole liability will be the replacement of such card. If you live in a jurisdiction that disallows limitations of liability on implied warranties or conditions, or disallows the exclusion or limitation of damages, then this disclaimer may not apply to you, and you may have additional rights.

You agree to defend, indemnify and hold CREEM (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of Gift Card or violation of any of these Terms.

CREEM reserves the right to update its Terms at its discretion. Updates to these Terms will be posted on this page. Check back regularly to review updates.

Promotional Use
Gift Card may be used as personal or business gifts. The use of Gift Card in connection with CREEM's name or logo for promotional activities is strictly prohibited.

Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND CREEM CAN BRING CLAIMS AGAINST EACH OTHER. ANY DISPUTE RESOLUTION UNDER THESE TERMS AND CONDITIONS SHALL BE SUBJECT TO SECTION 18 OF THE TERMS OF SERVICE FOUND ON CREEM'S WEBSITE.THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND CREEM TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY OR TO APPEAL DECISIONS CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

INFORMAL RESOLUTION: You and CREEM will first attempt to resolve any claim informally pursuant to the Terms of Service found on CREEM's website.

GOVERNING LAW: You and CREEM agree that these Terms and any Dispute you may have with CREEM, will be governed by the laws of the State of Ohio. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.

NO CLASS ACTIONS: Except as otherwise required under applicable law, You and GameStop agree to arbitrate any Dispute only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding ("Class Action Waiver"). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding.

WHO DECIDES WHAT CAN BE ARBITRATED: If a party violates the agreement to arbitrate by commencing an action asserting a Dispute in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Dispute Resolution Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Dispute Resolution Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Dispute Resolution Section, including the Class Action Waiver.

If any term or condition in this Dispute Resolution Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Dispute Resolution Section shall not be affected. Provided, however, that if the Class Action waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the County of Defiance, Ohio, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Gift Subscription Language:
The terms set forth below apply ("Terms") to gift subscriptions issued by CREEM Magazine, LLC ("Gift Subscriptions").By purchasing or using a Gift Subscription, you accept and agree to these Terms and the Terms of Service found on CREEM Magazine LLC's website.If any conflict exists between these Terms and the Terms of Service on CREEM Magazine LLC's website, the Terms of Service shall govern.

As used herein, the words "you" and "your" mean the purchaser and/or recipient of a Gift Subscription, as applicable; the words "CREEM", "CREEM Magazine," "we," "us" and "our" mean CREEM Magazine LLC, its affiliates, digital communications and all other assets, subsidiaries, successors, and assigns.

THESE TERMS ARE SUBJECT TO OHIO LAW AND CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE "DISPUTE RESOLUTION" SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.

1. Purchase
Gift Subscription purchases are a one-time charge. When you purchase a Gift Subscription, we will charge or debit your payment method at the time of purchase. Because Gift Subscriptions will be sent to recipient at the time of purchase, they are nonrefundable by purchaser. Pricing for Gift Subscriptions are set forth on the order page of CREEM.com.

2. Redemption
Gift Subscriptions are redeemable for the subscription type and length of time as specified on the order page, valued at the dollar amount specified on the order page of CREEM.com.

Gift Subscriptions may be redeemed at https://www.creem.com. Your subscription will begin as soon as you redeem your Gift Subscription.

During the redemption process, you will be asked to sign in to your CREEM.com account or create a new account to redeem your Gift Subscription and activate your gift subscription.

During the redemption process, there may be related shipping charges.

If you receive a Gift Subscription and are a current CREEM subscriber, you may apply your Gift Subscription towards your existing subscription for a redemption value equal to the gift subscription period. You may do this by contacting us at info@creem.com.

Gift Subscription recipients are not billed for the duration of their gift subscription. Gift subscriptions will expire at the end of the gift subscription period. New subscribers who resubscribe will select a payment method and will be billed for the new subscription under the offer terms applicable to such new subscription once the gift subscription period ends. The Gift Subscription purchaser is not billed for any new subscriptions.

3. Restrictions; No Expiration or Fees
Gift Subscriptions are redeemable for the subscription type and length of time as specified on the order page, valued at the dollar amount specified on the order page. Gift Subscriptions are only valid for customers and delivery within the United States.For print subscriptions, additional shipping and handling fees may apply.Gift Subscriptions are not reloadable or transferable. The CREEM subscription obtained by redeeming the Gift Subscription is non-transferable. Gift Subscriptions do not expire and there are no service or dormancy fees.

4. Refunds
Gift Subscription purchases are nonrefundable to purchaser.

Once redeemed, the Gift Subscription is non-refundable for any unused portion of the subscription.

5. Electronic Communications Disclosure Statement and Consent
By purchasing a subscription (digital or print) to CREEM, you confirm that you have read these terms and CREEM's Terms of Service and you agree to receive billing statements, if any, and other notices, disclosures, documents and all other communications (collectively, "communications") from us in electronic form.

6. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND CREEM CAN BRING CLAIMS AGAINST EACH OTHER. ANY DISPUTE RESOLUTION UNDER THESE TERMS AND CONDITIONS SHALL BE SUBJECT TO SECTION 18 OF THE TERMS OF SERVICE FOUND ON CREEM'S WEBSITE.THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND CREEM TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY OR TO APPEAL DECISIONS CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

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 FOIE GRAPHICS GIVEAWAY TERMS + RULES
PRIZE: One of each item from our Foie Graphics apparel and accessories collection and one copy of CREEM #003.
NUMBER OF WINNERS: 1
START DATE: Saturday, April 1, 2023 10:00 am ET
END DATE: Friday, April 7, 2023 11:59 pm ET
DRAWING DATE: Saturday, April 8, 2023 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 Foie Grpahics 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 (c) Tag a friend in the comments of the Sweepstakes post