Terms of Use Agreement

Welcome to our digital Magazine A New Earth that will inspire you to see the world and travel more! A New Earth Magazine application is available for Apple IPad and can be downloaded from App Store at link. Editorial Team of the Magazine offers you user and operation access to A New Earth Magazine in accordance with the Terms of Use Agreement. In this regard you must carefully read the Terms of Use Agreement that constitutes a public offer under section 437 of the Civil Code of the Russian Federation.

1. Status of Terms of Use Agreement

1.1.These Terms of Use Agreement (hereinbefore and hereinafter the Terms) has been developed by the Editorial Team of the Magazine and determines the Terms of A New Earth Magazine (hereinbefore and hereinafter the Magazine) use as well as the rights and obligations of its Users and Editorial Team.

1.2.These Terms are the legally binding agreement between the User and the Magazine Editorial Team whereby the Editorial Team provides services for the User regarding the use of the Magazine and its functions.

1.3. The Editorial Team may make changes and/or additions to these Terms unilaterally without any special notification. These Terms are an open document accessible to the general public. The current version of the Terms is available on the Internet at www.newearthmag.com/terms. The Editorial Team of the Magazine recommends that the Users check the conditions of these Terms regularly for changes and/or additions. The continuation of use of the Magazine by the User after changes and/or additions are made to these Terms will mean that the User’s agreement with and acceptance of such changes and/or additions.

2. Status of A New EarthMagazine

2.1.In these Terms, A New Earth Magazine Editorial (hereinafter the Magazine Editorial, Editorial Team) is understood as LLC “Look”, a legal entity creIed under the laws of the Russian Federation and registered at prem. 137, bld 20-2, lit. A, Alexander Matrosov St., St. Petersburg, Russia, 194100.

2.2. The application, suggestions and claims of individuals and legal entities to the Editorial Team in connection with these Terms and all issues regarding the Magazine operation, as well as the inquiries of the persons authorised by Russian legislation may be sent to three mailing address of LLC “Look” specified in clause 2.1 hereof.

2.3.As regards the Magazine operation and development, the Editorial Team abides by effective Russian legislation, these Terms and other special documents which were or may be developed and adopted by the Magazine Editorial in order to regulate the provision of individual Magazine services to the Users.

2.4. No provisions of these Terms grant the User the right to use the brand name, trademarks, domain name or other distinctive marks of the Magazine Editorial. The right to use the brand name, trademarks, domain names and other distinctive marks of the Magazine Editorial may be granted only as agreed in writing with the Magazine Editorial.

3. User’s Status

3.1. A New Earth Magazine download is free and voluntary and can be downloaded from App Store at link.

3.2. The Magazine User is the individual who uploaded the Magazine on Apple IPad, reached the age acceptable in accordance with Russian legislation for accepting these Terms, and has the relevant powers (hereinbefore and hereinafter the User).

3.3.The User is obliged to be fully aware of these Terms on the Magazine website at www.newearthmag.com/terms before reading any of the Magazine issues. The User’s installation of A New Earth Magazine on Apple IPad from App Store at link means full and unconditional acceptance of these Terms by the User in accordance with article 438 of the Russian Federation Civil Code.

3.4.After the successful installation of the Magazine by the User the Magazine Editorial assumes the rights and obligations to the User as provided in these Terms.

4. Subscription status

4.1. After the successful installation of the Magazine the Usercan read our first issue for free.

4.2. Later on the User can purchase a subscription or buy previous Magazine issues.

4.3. The Editorial Team reserves the right to change the price of one issue, the price of subscription, the price of all the previous issues as well as the frequency of the Magazine issues with prior notification to the User.

4.4. If the User doesn’t stop an automatic subscription renewal within 24 hours before the current subscription expiry period chosen by the User, the subscription will automatically renew at the end of the current subscription period. The amount of subscription fee will automatically withdraw from the Users iTunes account until the User doesn’t change the settings for subscription in iTunes User account. To cancel and change automatic subscription renewal the User can do using Apple ID settings on Apple IPad or iTunes.

5. Intellectual Rights

5.1. All objects placed on the Magazine, including design elements, text, graphic images, photos, videos, music, sounds and other objects and their collections (hereinafter the Content) are subject to exclusive rights of the Magazine Editorial Team, all rights in these objects being reserved.

5.2. Except as provided by these Terms as well as by effective Russian legislation, no Content may be copied (reproduced), processed, distributed, displayed in the frame, published, downloaded, transferred, sold or otherwise used in full or in part without the prior permission of the right owner, unless the right owner has expressly agreed to free use of the Content by any person. Reproducing, copying, collecting, systemizing, storing and transferring the Content in order to create a database whether for commercial and/or non-commercial purpose and/or using the Content in whole or its part regardless of the way of use is not allowed without the Magazine’s Editorial Team consent.

5.3. The Content may be used by the User on the condition that all copyright marks or other authorship notices, name of the author and the work remain unchanged in cases when:

A.For the purpose of personal non-commercial use to satisfy personal needs or such of the User’s family.
B.As illustrations in publishing, TV shows and educational videos of non-commercial nature in amount justified by the goal.
C.Reproduction or communication to the public in the reviews of current events by means of photography, cinematography, by airing or cable-taped works that are seen or heard during such events, to the extent justified by the information purpose;
D.Reproduction of the Content for legal proceedings on administrative offences, inquest orders, preliminary hearings or conducting legal proceedings in the amount justified by these goals.

5.4.Any use of the Content, except as permitted herein or except the right owner consents to such use in writing, without the prior written permission of the Editorial Team is categorically prohibited.

5.5. Unless otherwise expressly provided in these Terms, nothing in these Terms may be considered as the grant of exclusive rights in the Content.

6. A New Earth Magazine operation

6.1.The Editorial Team reserves the right to change at any time the Magazine design, Content, list of services, modify software as well as any server applications at anytime with or without advance notice.

6.2.The Editorial Team ensures operation and serviceability of the Magazine. The Editorial Team does not bear liability for temporary failures and interruptions in the Magazine operations, but ensures to restore its serviceability promptly in case of technical failure or interruptions.

6.3.The Magazine Editorial Team has the right to dispose of the statistical information relating to the Magazine operation.

6.4.The Magazine Editorial Team has the right to send push notifications about new issue releases, updates in operation system and the Magazine design.

6.5.The Magazine and its services, including the website, Content and the Magazine design are made available on the “as is” basis. The Editorial Team disclaims all warranties that the Magazine or its services may be suitable or unsuitable for any specific purposes of use. The Magazine Editorial Team cannot guarantee and does not promise any specific results of use of the Magazine and/or its services.

6.6.Under no circumstances the Magazine Editorial Team or its representatives bear liability to the User or any third parties for any indirect, accidental, unintentional damage, including lost profit or lost data, damage to the honor, dignity or business reputation in connection with the use of the Magazine, its Content or other materials which became available to the User or other persons through the Magazine, even if the Magazine Editorial Team has warned of, or indicated to the possibility of such damage.

7. Closing provisions

7.1.These Terms constitute the agreement between the User and the Magazine Editorial concerning use of the Magazine and its services and supersede all previous agreements between the User and the Magazine Editorial Team.

7.2.These Terms are governed and construed in accordance with Russian legislation. Those issues which are not settled by these Terms are subject to Russian legislation.

7.3.In case any disputes or differences arise in connection with the fulfillment of these Terms, the User and the Magazine Editorial Team will make every effort to resolve these by negotiations. Those disputes which are not resolved by negotiations are to be resolved according to the procedure established by effective Russian legislation.

7.4.These Terms becomes binding upon the User from the time of his/her accession and are valid during an indefinite period.

7.5.These Terms are made in Russian and may be provided to the User for familiarization in another language. In case of discrepancies between the Russian and the foreign language versions of the Terms, the Russian language version will prevail.

7.6.In the event that one or more provisions hereof become invalid or unenforceable for any reason, this will not affect the validity or applicability of the remaining provisions.