MagCover: Magazine Cover

About the MagCover.com Beta Testing Program.

MagCover.com is an experimental application that we offer "AS IS," for beta testing only. YOU UNDERSTAND AND AGREE THAT MagCover.com HAS NOT BEEN MADE AVAILABLE FOR GENERAL PUBLIC RELEASE AND THAT YOU ARE TESTING THE BETA VERSION OF THE PRODUCT AT YOUR SOLE RISK. MagCover.com may contain errors, bugs, or other problems not usually associated with generally available products. We urge you to backup all data, files and applications that you may use with MagCover.com. We are under no obligation to provide fixes or upgrades. We may discontinue any version of MagCover.com without notice. We have no obligation to offer a commercial version of the product.

BY USING OR REGISTERING FOR MAGCOVER.COM, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS.

1- MagCover.com Site Terms of Service

You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of MagCover.com's website. There are four types of Users: (1) paid members that have registered with MagCover.com ("All Access Users"), (2) free users that have registered with MagCover.com ("Free Users"), (3) publishers that have one or more magazine titles available on MagCover.com (“Publishers) and (4) visitors of the site ("Visitors"), such as someone visiting or invited to view MagCovers created on and hosted by MagCover.com.

2- Minimum age

You must be 13 years of age or older to be a User of MagCover.com 's website. By continuing to use the website, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service. If you do not agree with these Terms of Service, immediately stop using the website.

3- Equipment and access

You must provide at your own expense the equipment and Internet connections that you will need to access and use MagCover.com. If you are accessing MagCover.com through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you elect to use your wireless applications (such as cell phones, wifi connections) to use certain MagCover.com features, including any futur MagCover.com mobile applications, your wireless carrier may charge standard fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access MagCover.com through any wireless or other communications service. If you register to use any MagCover.com applications, you agree that we may communicate with you regarding MagCover.com by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.

4- No support

MagCover Inc. has no obligation to provide support services for MagCover.com, although we may do so in our sole discretion.

5- Updates to the Terms of Service

This Terms of Service Agreement was last updated on April 1, 2008. We reserve the right, at any time, to modify the website and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the website. Your continued use of the website after modifications are posted will be considered an acceptance of the modified Terms of Service.

6- Description of Services

This webpage is owned and operated by MagCover.Inc, a Canadian Company with a place of business at 701 Ave Marois, Québec city, Canada G1S 4H5.

The MagCover.com website provides registered Users with the ability to create a personalized magazine cover ("MagCover") automatically, using uploaded photographs ("Image Content") and editing text (“Textual Content”). Additionally, it also offers its Registered Users to SAVE & SHARE their respective MagCovers created on MagCover.com

You understand and agree that although we will use reasonable efforts to ensure the website is available to its Users, Registered Users, Visitors and Publishers, temporary interruptions of the services available through this website may occur. The services available on this site are provided "AS IS".

7- Registration Data, Passwords, and Privacy

By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.

During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.

You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify MagCover.com Contact us immediately if you learn of an unauthorized use of your password.

All information we obtain about you in connection with your use of this website is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service.

8- User Conduct

We are committed to ensuring that our Service remains a fun and safe place. Users are encouraged to use the Service to Create, Save & Share personalized magazine covers in a proper manner.

To this end, we require that every user of the Service, agrees to obey all applicable rules and regulations in using the website, and agrees that you are responsible for the contents of your submissions or communications through the site, including Image Content and Textual Content created there from (collectively, " MagCovers ").

You agree that you will not upload, share, or otherwise distribute any MagCovers -- including images, text, graphics, data, or other information -- that:

1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;

2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;

3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

7. contains measures that could be used to determine the architecture of the website, or could be used to decompile, disassemble, or reverse engineer the website; or

8. are to be used for a commercial purpose of any kind.

We may select and post submitted Member generated MagCovers (GREEN coded) to be displayed on our Wall of Fame section. This will not constitute an endorsement of any kind. We do not endorse the contents of any MagCovers, and expressly disclaim any and all liability in connection with the content of any User generated MagCovers.

We may pre-screen and we may monitor Member generated MagCovers. However, FOR POSSIBLE MONITORING PURPOSES, EACH MagCover CREATED WITH THE MAGCOVER.COM SYSTEM, whether the Visibility Status is coded Green or Red, are forwarded to the copyright OWNER OR ITS DESIGNATED MONITORING AGENT FOR which the MagCover was created with.

Copyright Owners or designated monitoring agents have the right at their sole discretion to use the report (“Red Flag”) function for any content of any kind that, in their judgment, does not comply with these Terms of Service and any other rules of user conduct for our website, or is otherwise harmful, objectionable, or inaccurate and is depicting the brand of the magazine template being used.

We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

If you witness an improper conduct or would like to notify us of content which you believe does not comply with these Terms of Service, please USE the report button (if available) or use or internal electronic communication contact us to notify us. The latter must include both the Uniform Resource Locator ("URL") for the non-complying MagCover, and the reasons you believe it does not comply. You understand that in using this website, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against MagCover Inc. arising from your exposure to such materials.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your Premium account or Free User account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

9- No Spam.

You may not use MagCover.com or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications such as e-mail. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use MagCover.com to violate the terms of this section. We may terminate your access or use of MagCover.com immediately and take any other legal action if you, or anyone using your access to MagCover.com, violates this section. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.

10- You may not use MagCover.com to defame others.

Defamation generally is defined as a false statement that injures someone's reputation and exposes that person to public contempt, hatred, ridicule, or condemnation. Do not transmit, post or share Content that may injure another’s reputation. In other words, Create with Taste!

11- Your license to us.

We do not claim ownership of any Content that you may transmit, post or share through MagCover.com; however, if you elect to create Content using the MagCover.com system (whether the Visibility Status is coded Green or Red), you grant MagCover.com, the Copyright Owners and affiliates the right to publicly display, perform, transmit, distribute, copy and prepare derivative works of any Content in any format and through any channels or means of delivery (including devices, search engines, etc.) as determined by the sole copyright owners .

12- Our license to you.

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use MagCover.com subject to the terms of this Agreement. You may not use MagCover.com in a manner that exceeds the rights granted for your use of the service and its Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or the MagCover.com services. Your license terminates immediately upon cancellation or termination of your MagCover.com account or if we believe you are in violation of this Agreement.

13- Third party sites and advertisers.

You understand and agree that MagCover.com may be supported by advertisements. MagCover templates may include product placements such as graphical elements and/or textual content. We try our best to filter these product placements to comply with MagCover.com’s philosophy, but these product placements may be in some countries objectionable, unlawful, or inaccurate. We also may include links to third party websites, including links provided as automated search results. Some of these sites may also contain materials that are objectionable, unlawful, or inaccurate. These do not mean that we endorse these third party sites, services or product placement. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on MagCover.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

You also agree that MagCover.com may send a copy of your work to a publisher, an advertiser or third party involved in our marketing process.

14- Linking Conditions

You may not link to this website unless you comply with these linking conditions.

You may share your MagCovers hosted on the website by using MagCover.com 's image snippet code to display your MagCover in your own personal website or web page . The MagCovers may only be used for personal, non-commercial, uses. You agree that you will not modify the code in any way, nor will you modify the display of your MagCovers

You may also share your MagCovers hosted on the website by emailing or otherwise sharing the link associated with your MagCovers.

Your right to link to the MagCover.com website is expressly conditioned upon your compliance with the following restrictions:

A. The link must either resolve to an associated Registered User or the MagCover.com homepage.

B. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of MagCover.com, participating Publishers or any other third party.

C. The link and surrounding materials must not deliver the website content in a framed environment, or alter the layout, content, look, or feel of the website.

D. The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and MagCover.com.

E. The link and surrounding materials must not portray MagCover.com, participating Publishers or services available on the website, or the website itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.

15- Third Party Sites and Information

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products.

16- Intellectual Property

A. MagCover Inc.'s Intellectual Property Rights. MagCover Inc. is the owner and retains all proprietary rights to the website, the services provided by the website, and all associated copyrights, trademarks, brands, service marks or other proprietary rights under law. You are permitted to use the website and its content only as specifically authorized by us.

MagCover.com's trademarks and/or service marks may not be used in connection with any product or service that is not provided by MagCover.com, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits MagCover.com.

MagCover.com's software and services available on this website may be subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with this website and in accordance with these Terms of Service.

B. Others' Intellectual Property Rights. MagCover Inc. deeply respects the third party intellectual property rights that may be implicated in creating a MagCover. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

In creating a MagCover using MagCover Inc.'s proprietary software, you will be able to use your own photos (Image Content) and headlines (textual content ). Both the Image Content and Textual Content may have associated intellectual property rights as described further herein.

Image Content and Textual Content may be protected by copyright, even if not marked with the ©, ® or ™ symbol. If you are not the creator of Image Content and/or the Textual Content, then you must get permission from the creator of the Image Content and/or the Textual Content or the copyright holder to use the Image Content and/or the Textual Content in a MagCover. For example, professionally-taken photographs should not be used in a MagCover unless you have received permission from the photographer to do so. Nor you should use copyrighted textual excerpts.

Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in a MagCover. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our website.

Textual Content that is not an original creation by you is also protectable under copyright laws. Copying Text without purchasing or obtaining the rights to the Text is against the law. Prior to incorporate your own Textual Content, you must be sure that you have the permission to use such Textual Content in a MagCover.

You warrant that all Image Content and Textual Content uploaded by you, either from your own computer or another website/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image and/or Textual Content as contemplated by the website and grant MagCover.com the rights described herein. Use of the site is limited to personal, non-commercial purposes only.

You hereby grant to MagCover.com a royalty-free, perpetual license to use, copy, create, modify, display and host your MagCover, Image Content, and Textual Content solely to the extent necessary for MagCover.com to provide the Services as described herein.

All trademarks and/or service marks displayed on the website are the exclusive property of their respective owners.

C. Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the website.

Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), MagCover Inc. designates the following individual as its agent for receipt of notifications of claimed infringement: By Mail:

MagCover Inc.
c/o Erik Sieb
Attn: DMCA Claims
701 Ave Marois, Québec, QC G1S 4H5 Canada
By E-mail: erik [AT] magcover DOT com

To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

17- Disclaimer of Warranties

ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE WEBSITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR TEXTUAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' WEBSITES TO WHICH THE WEBSITE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18- Limitation of Liability

YOUR EXCLUSIVE REMEDY AND MAGCOVER INC. ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID MAGCOVER INC., IF ANY, FOR ANY SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.

IN NO EVENT SHALL MAGCOVER INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, MAGCOVER INC SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS, PRODUCT PLACEMENT AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND TEXTUAL CONTENT. MAGCOVER INC SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR TEXTUAL CONTENT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19- Indemnification

You agree to indemnify and hold MagCover Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the site, (b) the viewing of your content, (c) the violation of laws, rules, regulations or terms this Agreement, or (d) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. MagCover Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MagCover Inc. in asserting any available defenses.

20- Use of Site and Storage of Material

Upon registering as a Free User account with MagCover.com, you will be assigned one (1) user account. You are limited to one account per person. MagCover.com may limit the maximum amount of MagCovers (disk space) per account for storing MagCovers.

Upon registering as a Premium account with MagCover.com, you will be assigned one (1) user account. You are limited to one account per person. MagCover.com may also limit the maximum amount of MagCovers (disk space) per Premium account for storing MagCovers.

You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.

You acknowledge that we reserve the right to convert any Premium account to a Free User account upon non-receipt of a subscription fee. Furthermore, we reserve the right to terminate any Free User account with no prior notice to you, including the deletion of any content associated therewith, if the account has been inactive for a twelve (12) month period. Do not rely upon this website as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded. We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates.

21- International Use

Although this website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the Canada do so on their own initiative and are responsible for compliance with local laws.

22- Termination of Use

We may terminate or suspend your use of this website at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous.

23- Referral Program

MagCover.com may offer a referral program, whereby an incentive is offered to a user ("Referrer") who refers another user to MagCover.com. MagCover Inc. reserves the right to discontinue, terminate or modify the referral program at any time. Credits or incentives awarded to a Referrer are not transferable, and have no cash value. Referrers are not agents of MagCover.com, and are not authorized to make any commitment on behalf of MagCover.com.

MagCover Inc. is not responsible for the conduct of Referrers, and Referrers agree to hold MagCover Inc. harmless from and against any claims arising from Referrer's conduct.

24- Jurisdiction; Venue.

You agree that the laws of the Province of Québec, Canada govern this Agreement and any claim or dispute that you may have against us, without regard to Québec’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Province of Québec, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, PROVICIAL OR FEDERAL COURTS IN THE PROVINCE OF QUÉBEC OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE PROVINCE OF QUÉBEC FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

25- Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by MagCover Inc., in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.