Thank you for visiting a 30DC Inc. website, including eddale.co, magcast.co, magcastapp.com, digitalpublishingblueprint.com, ultimateproductsystem.com, fbtrafficmasterclass.com, ignitionblueprint.com, tribeformula.com, challenge.co, 30dcpro.com, dpb.eddale.co, private.eddale.co, challenge.eddale.co or 30dcinc.com. You arrived at this page from one of the above sites, referred to herein as “this web site”.
Your access to and use of the Sites is governed by this Subscriber Agreement (“Agreement”).
As used in this Agreement, “we,” “us’” or “our” refers to 30DC Inc, and “you” or “your” refers to you, the user of “this web site”. The Agreement below is the agreement you consented to upon subscribing to the Sites. The Agreement does not apply to use of the publicly available Web Sites maintained by 30DC Inc.
1. Access and Passwords
As part of the subscription process for the Sites, you have selected or been assigned a particular password in accordance with our password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITES USING YOUR EMAIL ADDRESS AND PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR EMAIL ADDRESS OR PASSWORD WITHOUT YOUR AUTHORITY. You agree that all actions taken by you, or any other user that accesses the Sites using your email address and password, at or through the Sites will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Sites and any services available on it by you or others using your email address and password. If you lose your password, please click the “forgot your password” link on the login page of either of the Sites or contact us at: supportAT30dcsupportDOTcom
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site. Your subscription will continue and renew automatically, unless terminated by 30DC Inc. or until you notify 30DC Inc.
by email or as designated on the Sites of your decision to terminate your subscription. If there
are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the PayPal account or other payment method designated during the registration process for the Sites or subsequently designated by you to 30DC Inc, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with
your account for the Sites (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. 30DC Inc. may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your Site account will be billed to the PayPal account or other payment method designated during the registration process for the Sites or subsequently designated by you to 30DC Inc. If you cancel your subscription, or miss any subscription payments, your Site account will be made inactive. If you have any questions about this, please email us at supportAT30dcsupportDOTcom. In the case of a MagCast product purchase, your magcast app will also be made inactive. You are also responsible for any fees or charges incurred to access the Sites through an Internet service provider or other third party service, as well as any account overages (as detailed during the signup process). If applicable, you are solely responsible for any sales tax, use tax, VAT, GST or other consumption tax due for your license or subscription. YOU, AND NOT 30DC INC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
4. User Conduct
The Site may contain community, commenting, forums, and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through 30DC Inc. any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of
the content expressed or made available by third parties are those of the respective authors or distributors and not of 30DC Inc. nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that 30DC Inc. does not pre-screen all content, but that 30DC Inc. and
its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, 30DC Inc. and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that 30DC Inc. is not responsible for any content sent using and/or included in the Site by any third party.
5. Copyright and Restrictions
The Sites contain proprietary material of 30DC Inc. (or material that other suppliers have licensed to 30DC Inc. for their use) which is protected by copyright and other laws respecting proprietary rights. 30DC Inc. retains all rights in the material and media, including (without limitation) all copyright
and other proprietary rights worldwide in all media. You may not use MagCast except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
End users who are duly authorized may access MagCast for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from 30DC Inc. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause 30DC Inc. and/
or MagCast suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end- user, may be enforced by 30DC Inc, and/or any of MagCast’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on these Sites in any manner whatsoever
that may infringe any copyright or proprietary interest of 30DC Inc.; distribute the information contained in and/on these Sites to other users not duly authorized to Access the Sites; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on these Sites or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by 30DC Inc.
If you breach any provision of this Agreement, 30DC Inc. may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
MagCast grants a revocable, non-transferable license to users to create a single application (“App”) and to publish the App on Apple Newsstand. Users can purchase additional licenses to create additional Apps.
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. 30DC Inc. can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check MagCast links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any of the Sites functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Sites infrastructure;
e. Use any email addresses appearing on the Sites for purposes not relating specifically to the Sites;
f. Access the Sites by any means other than through the interface that is provided by 30DC Inc, or attempt or access any area of the Sites to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Sites, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Sites contain database information and other content compiled by 30DC Inc. While we use commercially reasonable efforts to provide accurate information, 30DC Inc. gives no warranty as to the accuracy of the database and other content on the Site. 30DC Inc. reserves the right to withdraw or delete information or content from the Sites at any time.
8. Links to Third Party Sites
30DC Inc. does not endorse the content on any third-party Web site, including Web sites of MagCast’s affiliates (“Third-Party Sites”). 30DC Inc. is not responsible for the content of Third- Party Sites that you reach through links on the Sites, sites framed within the Sites, or third-party advertisements on the Sites, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that 30DC Inc. is not your agent and is not a party to any transaction at a Third-Party Site.
9. Modifications to the Service and Prices.
30DC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, use of the MagCast Technology and Service (or any part thereof) with or without notice.
Prices of the MagCast Technology and Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days' notice from 30DC. Such notice may be provided at any time by posting the changes to the MagCast Web site or the 30DC Technology and Service itself.
30DC shall not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of the MagCast Technology and Service.
10. Representations and Warranties
You represent and warrant to 30DC Inc. that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Sites is true and accurate; (c) you will
be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement.
11. Disclaimer of Warranties
You understand and acknowledge that MagCast is a mere service provider and is not responsible for any content, including Magazine, prepared by, used by or offered by a you through MagCast and made available on Apple Newsstand. All Magazine content, including opinions, advice, statements, offers, or other information or content published using MagCast is your responsibility and not 30DC’s. Your reliance upon any information through MagCast or made available via Apple Newsstand is at your sole and absolute risk. ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY 30DC Inc. AND ITS AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND 30DC Inc. AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 30DC Inc. DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
12. Limitation of Damages
IN NO EVENT WILL 30DC Inc. OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF 30DC Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 30DC, INC. AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR LICENSE OR SUBSCRIPTION MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
13. Earnings Disclaimer
Please see the Earnings Disclaimer.
14. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL 30DC Inc. OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY 30DC Inc. FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of 30DC Inc.
16. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Sites may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the Sites or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Sites or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
17. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
30DC Inc. may terminate your subscription and/or access, or suspend access to all or part of the Sites, without notice, for any conduct that 30DC Inc, in its sole discretion, believes is in violation
of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or 30DC Inc. 30DC Inc. may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
MagCast retains ownership over the source code utilized in the MagCast publishing platform.
If a customer’s MagCast license is terminated for any reason they would lose access to the App and no longer be able to use MagCast to publish on Apple Newsstand.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of 30DC Inc. in a non-electronic record, and any assignment without 30DC Inc’s consent will be voidable at 30DC Inc’s option. This Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.
20. Applicable Law and Disputes
This Agreement is governed by the laws of the State of New York, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate 30DC Inc. and/or its affiliates’ intellectual property rights, 30DC Inc. and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
f a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York, NY. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New York, NY, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
30DC Inc. may change the provisions of this Agreement. When 30DC Inc. changes the terms of
this Agreement, 30DC Inc. will notify you by email or online postings on the Sites. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the sites. If you do not agree to be bound by the changes, you should not use the Sites again and you should cancel your subscription to the Sites. Even if you have not clicked on the “I Agree” button or checked the I agree box when subscribing, if you use the Sites after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
22. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by 30DC Inc. except in a signed, non-electronic writing signed by an authorized representative of 30DC Inc.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid,
the parties agree that its remaining provisions will remain in full force and effect, provided that
the allocation of risks described herein is given effect to the fullest extent possible. Our failure
to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and 30DC Inc. or its affiliates as a result of this Agreement or your use of the Sites.