AMERICA MAGAZINE MOBILE APPLICATION

Last Updated: March 3, 2025

The following End User License Agreement ("EULA") governs the use of the America Magazine mobile application offered by America Magazine. By downloading, installing, or using the App, you agree to these terms, our Privacy Policy, and our Terms of Service.

If you are a user located outside of the United States, please refer to the Additional Terms for Certain Jurisdictions Outside of the United States section at the bottom of this page for additional rights and information that may apply to you.

1. ACCEPTANCE OF TERMS

By downloading, installing, or using the America Magazine mobile application ("App"), you agree to be bound by the terms and conditions of this End User License Agreement ("EULA"). If you do not agree to these terms, do not download, install, or use the App.

2. LICENSE GRANT

America Magazine grants you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded products that you own or control, subject to the terms and conditions of this EULA and in accordance with the App Store Terms of Service.

3. OWNERSHIP AND COPYRIGHT

All content available through the App, including but not limited to text, graphics, logos, images, audio, video, and software, is owned by America Magazine or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You acknowledge that:

• America Magazine owns all rights, title, and interest in the App and its content
• No title or ownership rights in the App or its content are transferred to you
• You may not reproduce, distribute, modify, create derivative works from, or publicly display any content from the App without the explicit written consent of America Magazine

4. PERMITTED USES AND RESTRICTIONS

You may:

• Download and use the App for personal, non-commercial purposes
• Read and view content as intended within the App

You may not:

• Republish, reproduce, distribute, publicly display, or transmit any content from the App without prior written permission from America Magazine
• Modify, adapt, translate, reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright notices or proprietary legends contained in the App
• Use the App in any way that violates applicable laws or regulations
• Use automated systems or software to extract data from the App (data scraping)
• Attempt to gain unauthorized access to any portion of the App or its systems

5. SUBSCRIPTIONS AND PAYMENT

5.1 Subscription Types

You are not required to make any purchase to access our basic digital products; however, your access will be limited without a subscription. We may offer different types of subscriptions with varying benefits and features. All subscriptions can be purchased on an automatically renewing. Except where otherwise noted, each subscription term is one (1) year or one (1) month.

5.2 Subscription Billing Terms

• Automatically Renewing Subscriptions - Automatically renewing subscriptions require recurring charges at regular intervals (first, when you initially subscribe and then annually or at intervals specified at checkout). By selecting an automatically renewing subscription, you authorize us to charge you the subscription fee in effect at the time of your renewal, plus any additional taxes that may apply. You will continue to be charged at your selected interval unless, prior to your renewal date, you (i) opt out of automatic renewal by visiting your account page or by contacting our team; or (ii) cancel your subscription. Please refer to the Cancellation and Refunds section below for more information.
• Third-Party Subscriptions - Subscriptions purchased through a third party (such as the Apple App Store) are solely managed through that third party. These subscriptions are subject to the billing, cancellation, and refund terms of the third party. We are not able to initiate, amend, cancel, or refund any third-party subscription on the customer's behalf.

5.3 Payment Methods

We accept all major credit cards and any other payment method made available on our subscription page. Available payment methods may vary by location.

5.4 Price Changes

We reserve the right to alter our subscription prices at any time. If you have an active subscription on the effective date of the price change, you will not be charged any additional fees for your current subscription term. You will be charged the price then in effect for any subsequent purchases. We will give you notice of the current prices before you make your purchase on our checkout page and, if you have an automatically renewing subscription, in advance of your renewal date.

5.5 Unpaid Fees

If we are unable to process your payment or payment is otherwise not tendered in a timely manner, we reserve the right to suspend, cancel, or otherwise restrict your subscription at our discretion. If you need to update your payment method, please contact our team.

6. PROMOTIONS AND TRIALS

From time to time, we may offer free trial subscriptions. If you activate a trial subscription, you will be able to access the applicable products free of charge during your trial period. Once your trial period has ended, you will be charged the price advertised to you in your trial offer. You may cancel your trial at any time during the trial period free of charge. Any cancellations made during the trial period will terminate your access to your subscription with immediate effect.

7. CANCELLATION AND REFUNDS

7.1 Cancellation by You

You may cancel your subscription at any time by visiting your Account page or by contacting our customer service team. To cancel a gift subscription, please contact our customer service. In order to avoid charges for a subsequent subscription term, all cancellations must be made before the end of the current term.

If you purchased your subscription via a third party (e.g., the Apple App Store), you must cancel through that third party. We do not have the ability to cancel a third-party subscription on a customer's behalf.

7.2 Refunds

EXCEPT WHERE OTHERWISE NOTED OR REQUIRED BY LAW, ALL PAYMENTS ARE NON-REFUNDABLE. Cancellation does not entitle you to any refund or credit for the time remaining in your subscription term, except where required by law. We reserve the right to issue refunds or credits at our sole discretion. Issuance of a refund or credit in one instance creates no obligation to issue a refund or credit in another circumstance.

7.3 Effect of Cancellation

If you elect to cancel your subscription, you will retain access to your subscription through the end of your then-current term. Cancellation has no retroactive monetary effect and will only cancel any scheduled future payments you may have (including any automatically renewing payments).

7.4 Cancellation by Us

We reserve the right to suspend, cancel, or otherwise restrict access to your subscription at any time due to (i) payment failure or (ii) if you violate this EULA or our Terms of Service. At our sole discretion, we may issue a refund or credit for the remainder of your subscription term.

8. USER ACCOUNTS

If the App allows for the creation of user accounts, you are responsible for:

• Maintaining the confidentiality of your account information
• All activities that occur under your account
• Notifying America Magazine immediately of any unauthorized use of your account

9. PRIVACY

Your use of the App is also governed by our Privacy Policy, which is incorporated by reference into this EULA. Please review our Privacy Policy to understand our practices.

10. THIRD-PARTY MATERIALS

The App may display, include, or make available third-party content or provide links to third-party websites. You acknowledge that America Magazine is not responsible for examining or evaluating the content or accuracy of any third-party materials.

11. UPDATES

America Magazine may provide updates to the App at its discretion. Such updates may be automatically installed without additional notice. You agree to receive and permit such automatic updates.

12. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AMERICA MAGAZINE DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMERICA MAGAZINE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP.

14. GOVERNING LAW

This EULA is governed by and construed in accordance with the laws of the United States and the State of New York, without regard to its conflict of law principles.

15. CHANGES TO THIS AGREEMENT

America Magazine reserves the right to change the terms of any of our products, including the price. If a material change is made during the course of your active subscription, the change will apply to you upon renewal of your subscription or to any purchase made on or after the date of the change.

16. CONTACT INFORMATION

If you have any questions about this EULA or need to make changes to your subscription, please contact our Customer Service team: Email: support@americamedia.org

17. APPLE TERMS

As required by Apple:

• This EULA is concluded between you and America Magazine only, not with Apple
• America Magazine, not Apple, is solely responsible for the App and its content
• Apple has no obligation to provide any maintenance and support services with respect to the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable)
• Apple is not responsible for addressing any claims by you or any third party relating to the App
• Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim
• You must comply with applicable third-party terms of agreement when using the App
• Apple and its subsidiaries are third-party beneficiaries of this EULA and have the right to enforce it against you

18. SEVERABILITY

If any provision of this EULA is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.

19. ADDITIONAL TERMS FOR CERTAIN JURISDICTIONS OUTSIDE OF THE UNITED STATES

19.1 Place of Contract

For all subscriptions, the place where services will be performed is the address provided during the purchase process.

19.2 Customers Residing in the European Union and United Kingdom

If you are a resident of the European Union or United Kingdom, you have the right to withdraw from your subscription within fourteen (14) days of the day you purchased your digital subscription.

Upon withdrawal, we will provide you with a full refund of fees paid in relation to the canceled subscription. Your digital access subscription will be canceled with immediate effect.

You may withdraw from your subscription by visiting your account page, or by contacting support@americamedia.org.

19.3 Customers Residing in Germany

If you are a resident of Germany, you have the right to obtain a prorated refund if you cancel your subscription in the middle of a subscription term, provided that you give us thirty (30) days notice of your intent to cancel. The refund will be the value of the remainder of your term minus the thirty day notice period.

19.4 Customers Residing in Québec

If you are a resident of Quebec, you have the right to obtain a prorated refund if you cancel your subscription in the middle of a subscription term. However, your cancellation may be subject to a cancellation fee of up to 10% of your refund amount (not to exceed CAD $50).