Terms and Conditions

Effective January 1, 2021.

1. User Terms

These User Terms apply to websites and products including online and printed publications operated and/or produced by ATOD Magazine {A Taste of Dawn} (‘ATOD’, ‘we’ or ‘us’) from time to time. Use of this website and other sites published by us are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with any of our websites including www.atodmagazine.com or by subscribing to ATOD Magazine or any other online and print publications or product that we produce. By using any of our products including this website you are deemed to have accepted these User Terms.

 

2. Information about Us

This website is operated by ATOD Magazine, a Sole Proprietorship. Our registered company address is 365 E. Avenida de los Arboles, Suite 1026, Thousand Oaks, CA 91360—and—10153 1/2 Riverside Drive, Suite 770, Toluca Lake, CA 91602.

 

3. Use of this Website

This website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell this website or any materials or information within it, or the structure, overall style and program code of this website without our consent. If you wish to make a request for consent, please contact contact@atodmagazine.com

We are either the owner or the licensee of the intellectual property rights in the website and the Material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You are responsible for making all arrangements necessary for you to have access to our site (including taking necessary steps to ensure you use up to date anti-virus software). You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these User Terms, and that they comply with them.

 

4. Registration

You may access areas of this website that require registration by becoming a registered user and creating an account with us.

You must not use a false name or email or provide any false information nor impersonate another person when registering for use of this website. If you have a password for registration, you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users. You are responsible for maintaining the confidentiality of your username and password and are solely responsible for all activities that occur under your account. We will not be responsible for any loss whatsoever arising from the misappropriation of your password by a third party.

If you no longer wish to be a registered user, you may terminate your registration by sending an email to contact@atodmagazine.com.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of the website immediately and without prior notice.

We may refuse or remove or suspend your registration at any time.

 

5. Availability of this Website

We will endeavour to ensure that this website is available 24 hours per day without any interruptions. However, we reserve the right to make this website unavailable at any time or to restrict access to parts or all of it without notice.

 

6. Accuracy of information

Our website and products are general information services. We will endeavour not to make them misleading, but we cannot represent that the information accessible on them or within them is accurate, not-misleading, complete or up to date.

The contents of this website and any of our products do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action.

 

7. Sharing

Certain services offered on this website allow for the sharing of information you have provided to us, such as your name, company, job title and email address. The information that you share may be seen by other members. We will notify you of any service which allows your information to be shared and who it may be shared with. Where we have made settings available, we will honour the choices you make about who can see your information.

We are not obligated to publish any information and can remove it with or without notice.

8. Data Protection

We may use personal information which we hold about you to provide our products and services to you, for credit control and market research purposes and to inform you about our products and services, legal developments and training sessions or events which we believe may be of interest to you. If you do not wish to receive information from us, please email contact@atodmagazine.com.

We comply with all applicable Data Protection laws in the United States. You have the right, by written request, to a copy of any personal data which we hold about you.

More information about how we may use and keep information about you is contained within our Privacy Policy. The Privacy Policy is incorporated into these User terms.

 

9. Third Party Advertising, Sites and Links

This website may contain links to third party websites which are controlled and operated by parties other than ATOD. ATOD is not responsible for any content of any linked site or any link contained in a linked site. The inclusion of any link on the website does not imply endorsement by ATOD, and if you decide to access linked third party websites, you do so at your own risk.

This website may contain advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising.

 

10. Your contributions

You agree that any information that you provide in connection with, or which forms part of, this website, or information you provide that is published in any of our print publications will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term.

In submitting a contribution to us, you grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any contribution in any format. This licence shall include the right for any user of the website to access and use the contribution.

We reserve the right, at our sole discretion, to make additions or deletions to, to edit, crop or arrange any contributions prior to publication. We also reserve the right not to publish a contribution in whole or in part or to remove a contribution in whole or in part.

 

11. Distribution of printed publications

Our magazines are distributed online in the United States and abroad wherever online services are allowed and internationally. We cannot be held responsible for any failure on the part of these distribution services, once they have taken delivery of our publications. In the event ATOD does print magazines or books, they will be distributed through the United States Postal Service, UPS, or FedEx.

Should ATOD produce printed magazines, we will not be responsible for failure to deliver the magazines if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.

Our liability to you in the event of magazines being lost in despatch shall at our discretion, be limited to replacement of the missing issues, to the extent permitted by law we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents. These Terms and Conditions do not and shall not affect your statutory rights as a consumer.

 

12. Subscriptions

DIGITAL AND DIGITAL + PRINT SUBSCRIPTIONS

(a) Subscription Descriptions
Digital Subscription: access to all content and articles on the ATOD website.

Print & Digital subscription: Digital Subscription and any printed ATOD magazine or book.

(b) Becoming a Subscriber
To become a subscriber, you will need to register for an ATOD account in accordance with clause 4 of these terms and conditions. We reserve the right to reject any order for a subscription without giving a reason.

Once you have become a subscriber, your subscription is personal to you and non-transferable.

We are a primarily FREE online magazine, though our subscription model is subject to change without notice.

Depending on your chosen subscription option and payment method, subscription payments may be recurring or non-recurring and may be taken monthly or annually. Your minimum subscription term, payment method and frequency of payments will be made clear to you before you purchase your subscription and in your confirmation email.

By submitting payment details to us, you promise that you are entitled to purchase a subscription using those payment details.

All digital subscriptions are an instant access service. By purchasing a subscription you agree your access will start immediately.

(c) Cancellations
If, during the first 14 days of your subscription term (the “Cooling-Off Period”), you change your mind about your subscription, you may cancel your subscription by emailing us at contact@atodmagazine.com. If you haven’t made use of, or viewed, any subscriber content, we will refund any payments received from you using the same method of payment that you used to purchase your subscription. If you have viewed subscriber content, you will not be entitled to a refund.

If you cancel your subscription during the Cooling-Off Period, your access to our services will stop and you will be required to forfeit any subscription benefits that you have received.

If you decide to cancel your subscription after Cooling-Off Period, you can do so by emailing us at contact@atodmagazine.com. Your cancellation will take effect at the next billing date. You will continue to have access to our services and subscriber benefits until your next billing date. You are not entitled to a refund to any unused parts of your subscription.

If you receive a print subscription (including a combined print and digital subscription), you must email us at least 45 days before your next billing date. If you receive a digital only subscription, you must cancel your subscription or contact us at least 30 days before your next billing date. If you do not provide such notice, you will be required to make your next bill payment and your subscription will continue until the end of the next billing period.

(d) General
We may change our subscription prices and/or entitlements at any time with 30 days’ notice and you may cancel your subscription within this notice period. We may also, at any time and at our sole discretion, terminate your subscription with us where we believe that we have serious grounds to terminate (for example, for non-payment or breach of these terms).

PRINT SUBSCRIPTIONS 

Magazine subscriptions last 12 months from the date of online subscription or, in the case of other methods of payment, the date that funds clear in our bank account.

If the magazine ordered changes frequency per annum, we will honour the term of the subscription.

We reserve the right not to fulfil and to cancel orders in the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price; or if we are unable to obtain payment authorisation from the issuer of your payment card.

The option to cancel a subscription and receive a refund for the remaining period of such subscription is only valid during a period of 30 days from the subscription becoming effective.

To cancel a subscription during this option period, you must inform us in writing and explain your reasons, following which a refund will be effected. After the above-mentioned 30-day period, there is no entitlement to a refund for any remaining term of a subscription.

If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking “Submit” you are confirming that you have obtained the express prior permission of the credit/debit card holder.

 

13. Complaints

If you believe that your intellectual property or other rights are being infringed by this website or any of the publications, events or products offered by ATOD, or if you are dissatisfied with any aspect of our service, in the first instance please contact@atodmagazine.com. ATOD requires first right to remove any articles, images, otherwise unknowingly in violation of intellectual property before any further action is taken against us. Any violation must be sent via email to us directly, and ATOD reserves the right to have 30 days to remove any intellectual properties unknowingly in violation, upon being informed.

 

Notice to California Customers – Your Privacy Rights

The California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et. seq. (“CCPA”), grants residents of California certain rights with respect to their Personal Information and requires us to provide such individuals with certain information, described in this.

    1. California residents may exercise the following rights by sending us an email with the following:
      • Know the ways in which we collect, use, share, disclose and otherwise process your Personal Information;
      • Know the specific pieces of your Personal Information that we hold;
      • Request the deletion of your Personal Information, subject to several exceptions; and
      • Not to be unlawfully discriminated against for exercising these rights.

      We reserve the right to take reasonable steps to verify your identity before fulfilling your request to know or delete. For example, we may seek to establish your identity to a reasonable or a reasonably high degree of certainty by matching information that you submit alongside your request with information that we have on our records. We may ask for supplemental information as needed to establish your identity.

    2. California residents also have the right to opt-out of the “sale” of their Personal Information. We put sale in quotation marks because the CCPA considers some transfers of Personal Information to third parties in exchange for value as sales, even if no money changes hands, such as when cookies and other Tracking Technologies are shared with Third Party Businesses to further their own commercial purposes such as generating and/or adding to profiles about individuals for OBA. California residents can exercise this right by doing both of the following:
      1. to opt-out of “sales” that occur on the Service through cookies and other Tracking Technologies, follow the instructions in the “Do Not Sell My Personal Information” link, which can generally be found in the Service’s footer (if a website) or settings/about menu (if an application). You may need to flip a toggle or take other action as described in those instructions. Toggle settings are generally browser-, Service-, and Device-specific and may reset if cookies are cleared. If you have any questions or need assistance exercising your rights, please contact us by email or as described at the end of this document.
    3. Authorized agents seeking to submit requests on behalf of California residents and parents or guardians seeking to submit requests on behalf of their minors who are residents of California can submit such requests by using the forms above, by contacting ATOD by email. We may ask California residents to verify their identity and to confirm that they authorized the requestor to act on their behalf.
    4. The CCPA requires businesses to provide additional disclosures regarding the third parties to which we transfer Personal Information for business purposes and to whom we sell Personal Information. We provide those disclosures in the following table.

 

Category of Personal Information Categories of third parties to which we may have disclosed the Personal Information for a business purpose Categories of third parties to which we may have “sold” the Personal Information
  1. Identifiers
  2. Protected Characteristics
  3. Commercial Information
  4. Internet or other electronic network activity information
  5. Geolocation data
  6. Inferences drawn from the above categories
  • Data storage and security providers
  • Order fulfillment providers
  • Payment processors
  • Database management providers
  • Advertising, marketing, social media, and advertising facilitating companies
  • List rental providers, data coops
  • Community & forum management providers
  • Market research & data enrichment providers
  • E-commerce providers
  • Companies that help with our Products and Product recommendations
  • Related entities, such as our parent, subsidiaries and affiliates
  • Professional advisors (such as lawyers, accountants, and consultants)
  • Governmental and law enforcement officials, or parties to legal proceedings
  • Advertising, marketing, social media and advertising facilitating companies (including list buyers and advertising clients)
  • Data cooperatives, suppliers, providers, and aggregators
  • Companies that help with our Products and Product recommendations
  • Related entities, such as our parent, subsidiaries and affiliates
  1. Audio, electronic, visual, thermal, olfactory, or similar information
  2. Professional or employment-related information
  3. Education information
  4. Financial, medical, or health insurance information
  • (As defined above)
  • NONE.

 

B. California’s “Shine the Light” law, Civil Code §1798.83, gives California customers the right to prevent our disclosure of their Personal Information to third parties for those third parties’ direct marketing purposes, and requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose Personal Information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place as discussed above.

C. California’s “Online Erasure” law, Business and Professions Code §§ 22580-22582, requires operators of certain websites and online services to allow registered users who are under the age of 18 and residents of California to request removal of Content they post. If you fit that description and posted Content on a section of our Service that is directed to California residents older than 12 and younger than 18 years of age, you may request removal of the Content by contacting us by email. In response to your request, we may elect to make the Content invisible to other users and the public (rather than deleting it entirely), in which case the Content may remain on servers we control and/or may be publicly available elsewhere if a third party copied and reposted the Content.

Notice to Residents of the European Economic Area (EEA), Switzerland and U.K.

Purposes of Processing. As explained, we process your Personal Information to process your requests, to administer the Service, facilitate access by Service Providers, Third Party Businesses, and Related Entities, make marketing communications, facilitate health, safety and legal requests, respond to your requests in connection with employment opportunities, transfer or sell our business, and to combine data sets. As explained above, we may also use, transfer and otherwise process Personal Information acquired from you directly or by use of Tracking Technologies, for marketing purposes, including to serve you with Online Behavioral Advertising (OBA).

Legal Basis for Processing. We serve you with OBA with your consent, and you have the right to withdraw consent at any time as described above. You may also do so by contacting us by email at contact@atodmagazine.com or as described at the end of this section. We rely on the legitimate interest basis of processing for the other activities described because processing Personal Information is necessary to provide you with our Products and to respond to your requests, our activities are reasonably expected by our visitors, and those activities do not unduly and negatively affect the privacy rights of our visitors. When you make a purchase, enter a sweepstakes, sign-up to attend an event or conference, or engage in another type of transaction with us, we may process your Personal Information to fulfill that contract. We may also process your Personal Information to comply with legal obligations to which we are subject and cooperate with regulators and enforcement bodies.

Transfers. As described above, your Personal Information may be processed in or transferred to the U.S. or elsewhere in the world. We will ensure that transfers of Personal Information to a third country or an international organization are subject to appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us at contact@atodmagazine.com.

Individual Rights. If you are a resident of the EEA, Switzerland or the United Kingdom, you are entitled to the following rights.

Please contact our Data Protection Officer to exercise these rights by email at contact@atodmagazine.com or as described at the end of this section. Please note : In order to verify your identity, we may require you to provide us with Personal Information prior to accessing any records about you.

  1. Right to access and rectify your Personal Information. You have the right to obtain information about our processing of your Personal Information and a copy of your Personal Information that we store. You have the right to request that we update your Personal Information if it is inaccurate or incomplete.
  2. Right to request erasure of your Personal Information. You have the right to have your Personal Information erased from our systems if the Personal Information is no longer necessary for the purpose for which it was collected or you withdraw consent and no other legal basis for processing exists.
  3. Right to restrict our processing of your Personal Information. You have the right to restrict our processing if you contest the accuracy of the Personal Information we store about you, our processing is deemed unlawful and you oppose erasure of your Personal Information, or we no longer need the Personal Information for the purposes for which we collected it but we must store it to comply with our legal obligations.
  4. Right to portability of your Personal Information. You have the right to receive your Personal Information and to transmit it to another controller where our processing is based on consent you gave us and was carried out by automated means.
  5. Right to object to our processing of your Personal Information. You have the right to object to our processing where we process Personal Information based on legitimate interest.
  6. Right to lodge a complaint.You have the right to lodge a complaint about our collection and processing of your Personal Information to your Data Protection Authority. Contact details for Data Protection Authorities are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.html
  7. Data Protection Office. If you are a Data Protection Authority in the EEA or UK with questions about this Privacy Policy or the Service, please contact us directly by contacting us via email at contact@atodmagazine.com.