Terms of Service

Last update: March 2, 2022

 

Contents:

1. Introduction

2. Changes to these terms

3. Content and Copyright

4. External or Referred Links

5. Responsibility 

6. Cookies

7. Commercial Transactions

8. Legal basis for these Terms

9. Closure

10. Changes to this policy

 

1. Introduction

 

The following Terms of Service pertains to the Highway Magazine App for iOS and Android platforms and the HIGHWAY Magazine website, both of which are published and maintained by Además LLC (aka Además Studio). The HIGHWAY Magazine website contains information regarding our mailing list and payments processing as they handle personal information you can only willingly opt-in to share.

 

Please note: Terms of Service is also referred to herein as “terms”, the Highway Magazine App is also referred to herein as the “app” (for both platforms) and the HIGHWAY Magazine website is also referred to herein as the “website.” Collectively, these digital entities or services can be referred to as “services.” Además LLC is also referred to herein as “the publisher” as well as the “developer” or “we.” As an end user of these services, you may also be referred to as “end user”, “visitor”, “you” or “customer.” “Personal data” means any information related to an identifiable individual and will be discussed throughout this policy document.

 

These terms have been written to explain to you the conditions under which these services are being made available to you. These terms  discuss how data obtained during your visit to the website or use of the app is collected and used. In addition, these terms also explain our return policy should you purchase an item from us.

 

The publisher is responsible for the collection and use of personal data under this policy. Some terms below will depend on your country or region of access to these services. The publisher makes a wholehearted effort to stay up to date on the different and changing data policies around the world. Since the publisher uses some 3rd party services described in our privacy policy we have placed links to their services. Please make an effort on your part to stay up to date on your own personal best privacy practices and policies you are subject to. You can always contact the publisher about your data and you can also read about your rights and options for opting out in our privacy policy.

 

From your first use of these services you are in agreement and in accordance with these legally-binding terms. Please note the publisher has zero interest in your personally-identifiable data and has no business model related to data collecting, data selling, sharing or brokering. As a publisher, it is simply not in our interest. The publisher only collects anonymized data to improve our services and ideally, grow our readership. However, if you are not in agreement to be legally bound by these terms, the publisher recommends you click “reject” to reject “cookies” or that you simply do not access the HIGHWAY Magazine app nor the HIGHWAY Magazine website and instead purchase a printed version of the magazine from an offline, brick and mortar stockist of the magazine.

 

The publisher is strongly committed to keeping your personal data safe and making our terms of service as clear as possible. This commitment to privacy and security and fair use remains active throughout the lifecycle of this app and this website and it is the publisher’s hope that this commitment is visible and clearly understood throughout these terms.

 

2. Changes to these terms:

 

The publisher is always considering changes and updates to the app and the website as well as our business practices. In this spirit, the publisher may make changes to the app or website or these terms at any time and at our discretion. On the website and in the app, there will always be a clear and direct link to these terms for you to be able to review. It will always be present in the footer of every page of this site and will always be accessible from the App. As previously stated, from your first use of this app or website, you are bound to the terms so it is recommended that you review these terms regularly so that you may be made aware of any changes we have made. If you have any questions about these terms you may always contact the publisher directly.

 

3. Content and Copyright

 

All content (text, images, data, trade name and logo) is copyright by the publisher, Además, LLC, and no content from the print and digital editions may be reproduced without explicit written permission from the publisher. Permission must be in written form. All rights are reserved and acknowledged. You may not copy, adapt, reproduce, republish or make any copyrighted content available to the public. It is also prohibited to print copies of the website or share screenshots from the digital editions of HIGHWAY Magazine. If you have intentions to reproduce content from the publisher in any form, you may contact the publisher directly and propose your request.

 

3.1 Copyrighted Material


The use of copyrighted material in this publication is not intended and all efforts have been made in good faith to examine copyright of all published words and images. Before publication of the print and digital editions, the publisher does its due diligence in clarifying all potential copyright claims and securing the appropriate permissions.

 

For any original material created by the author and publication, copyright is reserved and any reproduction or use of objects such as images, texts, diagrams, or sound recordings in other printed or electronic publications is strictly prohibited without both the publisher’s and respective author's agreements.

 

Please note the publisher has experienced a copyright scenario before and the publisher is prepared to pursue and protect our copyright to the fullest extent and in the most expedited manner.

 

3.2 Liability

 

The publisher and the individual author of each respective article reserves the right not to be responsible for the topicality, correctness, or quality of the information provided in an article. Liability claims regarding any damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

 

4. External or Referred Links


The publisher does not monitor and is not responsible for the content on external websites linked from the website or the App or the print edition. The publisher and its respective authors are not responsible for any contents linked or referred to from the magazine unless the author has full knowledge of illegal content and would be able to prevent visitors from accessing such a website. In this instance, the publisher will always move as quickly as possible to remove links to any website which may contain potentially harmful materials. 

 

If any damage occurs by the use of information presented at an external link or referral, only the author of the respective pages on these external websites may be held liable, not the publisher nor the author who has linked to this page. Furthermore, the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailing lists provided on these external pages or links.


 

5. Responsibility 

 

Within the context that the publisher offers the website to you free of charge, and that access to content in the app is granted via in-app purchases. 

 

The publisher’s responsibility is outlined as follows. It is your responsibility to determine whether any of content in the app and the website are suitable for you and your particular purpose. 

 

The publisher makes no instructions to you and you are responsible for any action or decision you make, or do not make, as a result of the publisher’s content. 

 

The publisher cannot guarantee to you that the magazine and the website will always be available to you. The publisher will make every effort to make the website and the app available at all times. Should the website or the app not be available, an announcement will be made through the most readily available channel so that we can let our readers know.

 

The publisher cannot guarantee that the quality of our content will meet your personal or particular standards of quality or purpose. If you have an issue with content in the app or the website, you are welcome to initiate a constructive or potentially remedial dialog by contacting the publisher directly.

 

The publisher cannot guarantee that HIGHWAY Magazine is free of errors of any kind (typographical, factual, grammatical, codebase) nor that the platforms used to provide the app and website to you are up and running, fully functional and free of service attacks or viruses. The other platforms referred to in this paragraph are Dreamhost (our web server), Firebase (our App server), Apple App Store (our App host and payment provider for iOS operating systems) and the Google Play store (our App host and payment provider for Android operating systems).

 

The publisher cannot accept any liability for any type of loss, should you suffer any loss from the result of your use of the website or the app. The publisher cannot be held responsible for any loss which was not foreseeable to you upon access to the website or app. For example, any business loss you may suffer, any loss of revenue or savings you may incur, or any injury as a result of using the website or app.

 

6. Cookies

 

The publisher does not have its own cookie technology to collect any information about you on the website, the app or any other sites or apps. You can modify your web browser preferences to manage cookies. Most web browser software offers instructions on how to reset the browser to reject cookies in the “Help" section of the toolbar. The publisher does not link non-personal information from cookies to personally identifiable information.The publisher relies on third party cookies explained below. While we receive data from cookies, please be mindful that another category of data we receive from you is voluntarily submitted by you.

 

6.1 What are cookies?

 

Cookies are small text files that are stored in your web browser’s folder on your computer. These files websites understand how a visitor uses a website.

 

6.2 The Highway Magazine mobile App: 

 

The HIGHWAY Magazine App does not use cookies. The App does not collect any data. The publisher receives basic analytics provided from our enrollment in the respective developer programs of Apple and Google. If you want to know what analytical information is provided to the publisher, this information should be publicly available online. When you make a purchase of a digital edition of the magazine, the publisher can only see non-identifiable personal data.

 

6.3 Third Party Cookies

 

The HIGHWAY Magazine website uses the following third party cookies to improve the functions and performance of this website. The publisher does not use any other tracking software on the website and is not able to access any data collected by third party cookies. This information is non-identifiable and is reviewed periodically to better understand how the website and its content are performing. 

 

Upon arrival to the website you may refuse cookies, however, please note that your experience may be different and some features may not work as intended. It is your responsibility to manage the use of cookies within the web browser software you are using. To do this, please do your due diligence and learn about managing cookies in your browser software.

 

6.3.1 Google Analytics

 

A third party cookie from Google Analytics collects the following non-personalized data about your visit:

 

• Type of browser

• Device type

• Screen resolution

• Date and Time of visit

• Length of visit

• Unique visits

• Return visits

• Referral links (which may have brought you to the HIGHWAY Magazine website)

• Pages & posts viewed

• Links clicked

• Location (via the IP Address of your device however we cannot see your IP address)

 

If you don’t want Google Analytics to be used in your browser, you can install the ‘Google Analytics Opt-Out Browser Add-On’, provided by Google.

 

6.3.2 Twitter

 

The website uses a cookie from Twitter.com to determine if a visitor to this site is also a registered Twitter user. This information is processed by Twitter for purposes of targeting promoted Tweets which are related to the promotion for this website and our iOS Application. None of this information is personally identifiable.

 

6.3.3 Stripe

 

The website uses a cookie from Stripe.com, our payments processor for our online store to determine if a visitor to this site has viewed an item on the site as well as if they have added it to their cart. This information is not viewed nor stored by the publisher. None of this information is personally identifiable unless a purchase is made. this cookie from Stripe also makes sure the payment service is functioning properly and also works to detect and prevent fraud and to analyze and improve their own services. We will link to Stripe’s privacy policy and we recommend familiarizing yourself with it here: https://stripe.com/privacy

 

6.4 Opting out

 

Upon arrival to the website you may refuse cookies, however, please note that your experience may be different and some features may not work as intended. It is your responsibility to manage the use of cookies within the web browser software you are using. To do this, please do your due diligence with regards to managing cookies in your browser software. 

 

To opt out of Google Analytics data collection, you can read and follow these google instructions.

https://tools.google.com/dlpage/gaoptout

 

You can opt-out of the HIGHWAY mobile Application by uninstalling the Application. You may use the standard uninstall processes on your device.

 

6.5 Why the publisher uses cookies

 

The publisher uses these cookies to optimize your visit, to fulfill e-commerce orders (such as registering the items you place in your cart for checking out), to consider ideas for marketing campaigns and to analyze the overall traffic to our website. Once again, this data is anonymous and cannot be used to identify named users. The information the publisher receives will not be sold or used for any purpose other than to make sure you get the best possible service during your visit on our website.
 

7. Commercial Transactions

 

7.1 In the Highway Magazine App

 

The app is provided to you for free. At your discretion, and with knowledge that a portion of the paywalled content is available for you to preview the content inside each issue, you are able to make a purchase via an in-app purchase. To read an issue of the magazine inside the app, a charge of $5.00 is applied to your registered account with the Apple App Store or the Google Play store. This in-app purchase is not processed by the publisher and the publisher has zero access to your payment details. The payment you make via an in-app purchase is processed by the respective App store within which you are accessing the app. For Android, the payment is processed by the Google Play store and for iOS devices, the payment is processed by the Apple App Store. We kindly ask you do due diligence and update yourself on the terms and conditions and privacy policies of the platforms you are using to access the app. From this commercial transaction the publisher only has access to anonymized analytics provided by the respective app store platform. None of this information is personally identifiable. To learn more about the non-identifiable information we receive, review Section 5 of our Privacy Policy.

 

7.2 The Highway Magazine Website
 

When you make a purchase on the website https://highwaymagazine.info, you willingly submit your personal data in order to process this transaction.

 

7.2.1 StripeJS

 

The publisher uses Stripe.js to integrate and facilitate payments on the Highway Magazine website. 
 

Stripe.js is a JavaScript library that we use to integrate Stripe into the website code base for the purpose of accepting online payments. With Stripe.js added to the website code base, the publisher can process your order as well as detect fraud signals to differentiate legitimate behavior from fraudulent behavior. According to Stripe: “For example, fraudsters and bots are less likely to spend time on different pages, which we’re able to detect and use as a signal in stopping fraud. When you visit a site that uses Stripe, this fraud prevention could appear in a privacy report or tracker list in your web browser. While you might see Stripe in a tracker list, we’re not building an individual tracking profile on you. Stripe doesn’t—and won’t—share or sell this data to advertisers. This data is securely exchanged between the following Stripe-controlled hosts: js.stripe.com, m.stripe.network, m.stripe.com, q.stripe.com. The data collected by these endpoints is designed to be secure and to not leave Stripe infrastructure. Access to this data is tightly controlled, and restricted to a small number of Stripe employees working on fraud prevention and security (and permissions are regularly reviewed).”

 

To read in full you can go to Stripe’s Privacy Center and search for “end customer.”

 

Stripe will process online payment transactions, calculate applicable sales tax in order to invoice and bill and calculate revenue for the publisher. When you make a payment to the publisher using our website, or receive a refund, Stripe will receive your transaction information. The transaction information you provide and Stripe receives for processing includes:

 

• Your name

• Your email address

• Your billing and or shipping address

• Your payment method information credit card or debit card number)

• Your location

• Your IP address

• Your purchase amount

• Your Telephone number

• The Date of purchase

 

Stripe may also receive your transaction history with us, the publisher.

 

Please familiarize yourself with the Stripe’s Terms of Service and Privacy Policy if you are unsure about how Stripe processes your transaction for us.

 

7.3 Order Processing on the website

 

When you make a commercial transaction on the website the information you submitted for the confirmation of the order and the delivery of the goods you purchased will be transferred to and process by Stripe and then to the publisher’s secure inbox so that we can fulfill your order.

 

Only the publisher has access to the secured inbox. The inbox is stored and maintained in a secure, US-based server from Dreamhost with always up-to-date SSL/TLS certificates (by https://letsencrypt.org), persistent Malware removal and HTTP/2, which Dreamhost calls, “the next standard for the world wide web” in addition to encryption. For our records, the email we receive from a purchase on our website is kept in our inbox unless you explicitly contact the publisher and request its deletion after your order has been processed and delivered. Since the publisher does not engage in data selling or brokering in any form, we can attest in full confidence, the only use of your personal information is to complete the commercial transaction.

 

Before you submit an order, please double check your details carefully. Your payment, delivery and billing address information should be current and correct in order to prevent errors. The publisher cannot be held responsible for errors in your shipping address nor the failed delivery of an order. If you feel an error was made when submitting your order, please contact the magazine as soon as possible. If the delivery of an order is returned, then the magazine will make a good faith effort to contact you with the provided details and with the goal of revising the issue. If no resolution can be made, the publisher will reject the payment and restock the merchandise for sale.

 

Shortly after placing your order, you will receive an order confirmation by e-mail. If there is any issue with your order, please contact this email address. There may be a rare case in which an item you ordered is out of stock. If this happens, you will be contacted by e-mail with an option to revise or cancel your order.

 

7.4 Shipping and Delivery

 

The publisher will deliver to most countries around the world. Your package will be delivered to the delivery address specified in the order. For more information about freight prices and our international couriers, please contact the magazine. An order placed on a public holiday or during the weekend will be processed on the following business day. The publisher will make an effort in good faith to ship your order within five business days. This does not count weekends. Please note the publisher cannot be held accountable for delays in domestic or international shipping should there be an unexpected event out of our control.

 

Please note that the risk of loss or damage to the goods is passed to you after delivery. If the package appears to be damaged you should refuse to receive it from the courier. Please take a photo of the damage and contact the publisher immediately. If you refuse to receive the package from the courier without any reason, we reserve the right to deduct a reasonable freight cost from your refund. 

 

7.4.1 Sustainability

 

While HIGHWAY Magazine is printed on recycled paper and our digital offerings are made possible by always-on server machines and run on devices built with valuable earthen materials, the publisher is committed to sustainable shipping. For now, packaging is as plastic-free as possible and we only use 100% recycled paper and avoid the use of any dyes and acids when possible.

 

7.5 Cancelling an order

 

If your payment details are incorrect or cannot be verified, or if the publisher has reason to believe that your order is placed with the intention of committing fraud or if there is an inadvertent error on the website, such as an error in payment or similar, then the publisher reserves the right to cancel your order without being held liable for compensation or other costs.

 

7.6 Refunds

 

The website is provided to you for free. To read an issue of the magazine inside the App, a charge of $5.00 is processed and applied to your registered account with our hosts (Apple App Store and the Google Play store). The publisher makes an effort to provide a free, but limited, preview of the content within each issue. The publisher feels this is sufficient preview for you to make an informed choice about making a purchase. 

 

The publisher is open to a good faith discussion regarding refunds, please contact us. For refunds in the App, we are unable to process this and you should contact the respective processor of the in-app purchase. For the web store refunds, please contact us.

 

7.7 Currency

 

The default, listed currency on the website is US Dollars. Regardless of your location when you access the website, all prices are displayed in US dollars. Please keep yourself up to date with currency exchange rates before placing an order.

 

8. What is the legal basis for these Terms of Service?

 

This disclaimer is to be regarded as part of the publication which you were referred from, Highway Magazine. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this notion. If there is any issue with a particular term, the remaining terms remain in full force and effect. These terms are to be interpreted in accordance with the laws of the United States. If you have a suggestion or any issue with these terms, you are welcome to contact the publisher.

 

In some jurisdictions, like the European Union and the European Economic Area, the publisher is limited to only collect, use or share information about you when the publisher has a valid reason. This is known as, “lawful basis” and in particular refers to the following:

 

• The consent you provide to us at the point of collection of your information

• The performance of the contract we have with you

• The compliance of a legal obligation to which we are subject or the legitimate interests of The Times or a third party

 

“Legitimate interest” is a term of international law and means that there are good reasons for the processing of your personal information and that the publisher takes measures to minimize the impact on your privacy rights and interests.

 

The publisher has a legitimate interest in processing personal information to deliver our services such as delivering our mailing list or send you the goods you purchased from our online store. To do this, the publisher has set up its business to make sure its networks and servers that handle information are secure to the highest standards.

 

9. Closure

 

Should the publisher dissolve its business and the app is removed from the Apple App Store and Google Play Store, all accounts will be closed and all data deleted. Our hosting account with Firebase will be deleted as well. The website will remain online as an archive, however the inbox will not be cleared unless there is an explicit, written request to the publisher.

 

10. Changes to this policy

 

Maintaining a website and an app is an evolving process and the publisher may decide at any time in the future, without advance notice, to modify the terms of this Privacy Policy. Your use of the website or the app, indicates your consent to the Privacy Policy at the time of every use.  A link to this policy will always be at the bottom of the website. If you have any questions about our Privacy Policy, please contact the publisher. 

 

Copyright Ademas, LLC, 2022.

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HIGHWAY is an intermittent publication about life with music and sound. The print and iOS and Android editions are pocket-sized companions to the musicians, writers, artists, thinkers.

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