Definitions and legal references
- This Website (or this Application)
- The property that enables the provision of the Service.
- Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
- The owner (or We)
- Divine Magazine – The natural person(s) or legal entity that provides this Website and/or the Service to Users.
- The service provided by this Website as described in these Terms and on this Website.
- Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.
- User (or You)
- The natural person or legal entity that uses this Website.
This document is an agreement between You and Divine Magazine.
You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.
These Terms govern
- the conditions of allowing the use of this website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in appropriate sections of this document.
The User must read this document carefully.
If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.
Nothing in these Terms creates any special relationship such as joint venture, employment, agency, or partnership between the involved parties.
This Website is provided by:
Owner contact email: email@example.com
Summary of what the User should know
- Age restriction on the usage of this Website and the Service: To access and use this Website and any of its Service the User must be an adult under applicable law.
- Minors may access this Website and use its Service, only under adult or parental supervision.
Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
Content on this Website
Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.
The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.
In such cases, the User is requested to report complaints using the contact details specified in this document.
Rights regarding content on this Website – All rights reserved
The Owner reserves and holds all intellectual property rights for any such content.
Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.
In particular, but without limitation, Users may not broadcast, copy, save, download, print, share (beyond the limits set forth below), transform, modify, translate, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to provided content
Content that Users provide to this Website is made available according to the criteria specified in this section.
Publicly available content
Content provided for public availability shall be automatically made public on this Website or, at the sole discretion of the Owner, at a later stage.
Any personal identifier, data or any other information that Users upload in connection with such content (such as a User-ID, avatar, or nickname, etc.) shall also appear in connection with the published content.
Users may check on this Website to find details of who can access the content they provide.
Access to external resources
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations, or third-party rights.
Liability and indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence if this Website has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages now the contract was entered.
Limitation of liability
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at User’s own risk and Users shall be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible, or it may not function properly with the User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for
- any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein.
- any errors, mistakes, or inaccuracies of content.
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service.
- any unauthorized access to or use of the Owner’s secure servers and/or any personal information stored therein.
- any interruption or cessation of transmission to or from the Service.
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service.
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User.
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties outlined in these terms.
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights.
- User’s violation of any statutory law, rule, or regulation.
- any content that is submitted from User’s account, including third party access with User’s unique username, password, or another security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information.
- User’s willful misconduct; or
- the statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns, or blackouts, etc.).
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual property rights
Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors.
Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.
The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.
Failure to accept the revised Terms may entitle either party to terminate the Agreement.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire agreement between Users and the Owner concerning the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties concerning such subject matter. These Terms will be enforced to the fullest extent permitted by law.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, much higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Last Updated: August 28, 2021