Subscription Terms

BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, YOU SIGNIFY THAT YOU HAVE READ THESE ENTIRE SUBSCRIPTION TERMS (“SUBSCRIPTION TERMS”) CAREFULLY BY SCROLLING DOWN BEFORE PURCHASING YOUR SUBSCRIPTION, RECEIPT AND USE OF YOUR SUBSCRIPTION TO PRINT ISSUES (“PRINT SERVICES”), ACCESSING OR USING YOUR SUBSCRIPTION TO DIGITAL ARCHIVES ONLINE (“ONLINE SERVICES”), OR OTHERWISE USING SERVICES OR THE CONTENT (AS EACH ARE DEFINED IN THE TERMS OF USE) RELATED TO YOUR SUBSCRIPTION (COLLECTIVELY, THE “SUBSCRIPTION SERVICES”), AND HEREBY ACKNOWLEDGE YOUR AGREEEMENT TO ABIDE BY THIS SUBSCRIPTION AGREEMENT.

IMPORTANT – PLEASE READ CAREFULLY.  THESE SUBSCRIPTION TERMS ARE SUBJECT TO AND INCORPORATE BY REFERENCE (A) OUR PRIVACY POLICY AND (B) THE TERMS OF USE WHICH CONTAINS (1) AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND (2) A BINDING CLASS ACTION WAIVER.  PLEASE READ BOTH SECTIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.

You agree that your assent to these Subscription Terms, given electronically, will have the same legal effect as if it had been personally signed by you. To the extent permitted by law, these Subscription Terms are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Subscription Terms for future reference.  If you do not agree to comply with and be bound by these Subscription Terms, you will not be able to purchase, use, or access any Subscription or the Subscription Services, as applicable.

Last Modified: August 25, 2023

 

These Subscription Terms are entered into by and between you and Kirkus Media LLC ("Company," “Kirkus,” "we," or "us"). These Subscription Terms, together with any documents or policies they expressly incorporate by reference (including the Terms of Use and the Privacy Policy) govern the purchase, sale, access to, and use of  subscriptions to our print magazines or digitally archived magazines (“Subscriptions”) via the Prints Services and/or the Online Services, as applicable.  These Subscription Terms apply to the Company and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products or services in the Print Services or on the Online Services or any social media platforms or other websites or platforms that you may use to access the Subscription Services.

We may revise and update these Subscription Terms from time to time in our sole discretion. All changes are effective immediately when we post them on the Website (as defined in the Terms of Use), and apply to purchase, sale, access to, and use of  Subscriptions and the Subscription Services thereafter.  We will inform you of material changes by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Website of Subscription Services that the terms have been “updated” or similar words).

Your continued use of the Subscription Services following the posting of revised Subscription Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Website or utilize the Subscription Services so you are aware of any changes, as they are binding on you.  These Subscription Terms contain the final and entire agreement between you and Kirkus regarding the Subscription and your use of the Subscription Services and supersedes all previous and contemporaneous oral or written agreements regarding your Subscription and use of the Subscription Services.

YOU ARE NOT PERMITTED TO ORDER ANY SUBSCRIPTIONS OR USE ANY OF THE SUBSCRIPTION SERVICES IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT WITH KIRKUS.

AUTO-RENEWAL TERMS; PAYMENT TERMS

By purchasing any Subscription from us, you agree that your Subscription will be automatically renewed at the end of each subscription period, at the rate then in effect, unless you tell us otherwise in accordance with the Cancellation Terms set forth below before the end of the then-current subscription period.

Upon the purchase of any Subscription, you will provide us or our third-party credit card processor (“Third-Party Processor”) with a current, valid, accepted method of payment, such as a credit card, debit card or other accepted method of payment as set forth on the order form (“Payment Method”).   You hereby authorize us to fulfill your Subscription and bill, or instruct our Third-Party Processor to bill, the monthly, quarterly, or annual, subscription fee (as applicable) to the Payment Method on file with us or our Third-Party Processor upon your initial order and, unless otherwise cancelled in accordance with these Subscription Terms, at the beginning of each new subscription period. All amounts must be paid in U.S. dollars.    

If your Payment Method is declined for a recurring payment of your subscription fee, provide us a new Payment Method promptly or your subscription will be canceled. You acknowledge that the amount charged each subscription period may vary for reasons that may include price changes (on the terms set forth below) or changing your subscription, and you authorize us to charge your Payment Method for such varying amounts each subscription period.

 

We reserve the right to change the price for Subscriptions from time to time.  We will notify you of any changes if the regular fee for your Subscription changes from what was stated at the time of your initial order prior to such changes taking effect. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing the Subscription after the price change takes effect. If you do not agree with the price changes, you may cancel the Subscription for the subsequent subscription term in accordance with the Cancellation Terms set forth below prior to the price change going into effect. 

In the absence of a price increase as set forth above, you will not receive any renewal notices. Instead, you will receive a clearly marked reminder notice with the then-current rate about (i) thirty (30) days prior to charging the then-current rate for your annual Subscription to your Payment Method.  You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.

From time to time, we may use a Third Party Processor not affiliated with us to process payments for a Subscription. You agree that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Processor you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Processor.

CANCELLATION TERMS

These Subscription Terms shall remain in full force and effect while you use the Subscription Services and your Subscription will renew automatically until it is cancelled in accordance with this section. To cancel an automatically renewing subscription prior to its renewal, if applicable, you may do so by contacting us at customercare@kirkusreviews.com. 

When you cancel a monthly or quarterly Subscription, you cancel only future charges associated with such Subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current subscription period.   When cancelling an annual Subscription, you cancel your Print Services and Online Services on the cancellation date you provide to us.

REFUNDS

Monthly or Quarterly Subscriptions.  ALL AMOUNTS PAID FOR MONTHLY OR QUARTERLY SUBSCRIPTIONS ARE NON-REFUNDABLE, WHICH MEANS THAT ALTHOUGH YOU CAN DISCONTINUE AUTO-RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME, YOU WILL NOT RECEIVE A PRO-RATA RETURN OF ANY SUBSCRIPTION FEES THAT YOU HAVE ALREADY PAID. You will continue to have access to Subscription Services until the end of your current subscription period, and the cancellation will take effect the day after the last day of your current subscription period.

Annual Subscriptions. Annual Subscriptions that are cancelled mid-subscription period are entitled to a refund based on the number of days remaining from the requested cancellation date to the end of the subscription period.  If a refund is provided in connection with such cancellation, then (i) the Print Services will discontinue and you will not receive any further print issues and (ii) your access to the Online Services shall cease immediately upon the effective date of your cancellation.  If a refund is not provided in connection with such cancellation, then the Print Services and the Online Services shall continue until the last day of your current subscription period. 

Sole Discretion.  We reserve the right to issue refunds or credits for monthly and quarterly Subscriptions at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund or credit in the future.

TRIALS; PROMOTIONS

We may offer free trial subscriptions or other promotional pricing or offers to subscribers. Please note that any free trial subscription or other promotional pricing or offers will last for a limited time. At the end of the trial or promotional period, unless you cancel the subscription prior to the end of the trial or promotion, you will automatically be charged at the price offered to you during sign-up using the Payment Method provided. You will continue to be charged the price offered to you at sign-up on a monthly, quarterly, or annual basis (based on the plan you selected) until you cancel per the method described herein. We reserve the right to determine free or promotional subscription eligibility in our absolute discretion.

PRINT SERVICES

Allow up to five (5) weeks for delivery of the first print issue.  Please contact customercare@kirkusreviews.com to report missing or damaged print issues.  If the post office alerts us that your print issue is undeliverable, we have no further obligation unless we receive a corrected address within the subscription period.

COPYRIGHTS; TRADEMARKS

All copyrights, trademarks, logos and service marks (“Marks”) displayed on the Subscription Services are our property or the property of our licensors. You are not permitted to use these Marks without our prior written consent or the consent of such licensor which may own the Marks.

YOUR SUBSCRIPTION

These Subscription Terms are personal to you, which means that you may not assign your rights or obligations under these Subscription Terms to anyone. No third party is a beneficiary of these Subscription Terms.

The Company makes no representation that the Subscription Services or the Content are appropriate or available for use outside the United States. If you choose to use or access the Subscription Services or the Content from other locations, you do so on your own initiative and at your own risk.  You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Only one individual may access the Online Services at the same time using the same username or password, unless we agree otherwise. Each user of the Online Services must have their own username and password, or if other log-in credentials are made available, their own unique log-in credential not to be shared. 

The Subscription Services are for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the Subscription Services or the Content and do not endorse any opinions expressed by any users. THE SUBSCRIPTION SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE SUBSCRIPTION SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE SUBSCRIPTION SERVICES OR ANY CONTENT.

CALIFORNIA COMPLIANCE

Under California Civil Code Section 1789.3, California users of the Magazine Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

TERMS OF USE; PRIVACY POLICY

The Terms of Use and PRIVACY POLICY are hereby incorporated into these Subscription Terms in their entirety.