These Terms of Service ("Terms") form a binding agreement between you and eType Services, LLC ("eType," "we," "us," or "our"), a wholly-owned subsidiary of eMagazines, with offices in Austin, Texas. They govern your access to and use of our marketing website at etype.co and any other website operated by eType that links to these Terms (collectively, the "Site").
Please read these Terms carefully. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Site.
By visiting the Site, requesting a demo, submitting a contact form, or otherwise interacting with the Site, you represent that you have read, understood, and agreed to these Terms. If you are using the Site on behalf of a company or other organization, you represent that you have authority to bind that entity, and "you" refers to both you individually and that entity.
These Terms cover only the marketing website at etype.co and related eType-operated marketing pages. They do not govern:
The Site is intended for publishing professionals and other adult users. By using the Site, you represent that you are at least 18 years old (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into these Terms. The Site is not directed to children, and we do not knowingly collect personal information from anyone under 16. See our Privacy Policy for more.
The Site is a marketing website. It describes eType's products and services, hosts general informational content, and provides a way to request a demo or contact our sales and support teams. No purchase, subscription, or paid service is sold directly through the Site itself; commercial relationships with publishers are formed and managed under a separate Publisher Agreement.
The Site does not currently require an account. If we add account features in the future, additional terms may apply, and you will be notified at the point of sign-up.
We may modify, suspend, or discontinue any portion of the Site at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Site.
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. Without limiting the foregoing, you agree not to:
robots.txt;We may investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including removing offending content, suspending or terminating access, and reporting violators to law-enforcement authorities.
The Site and all content on it — including text, graphics, logos, images, audio, video, software, designs, layouts, and the look and feel of the Site (collectively, "eType Content") — are owned by or licensed to eType and are protected by United States and international copyright, trademark, trade-dress, and other intellectual property laws.
Subject to your compliance with these Terms, eType grants you a limited, revocable, non-exclusive, non-transferable license to access and view eType Content for your personal, non-commercial informational purposes only. All other rights are reserved.
You may not copy, reproduce, modify, distribute, publish, display, sell, license, create derivative works of, or otherwise exploit any eType Content without our prior written permission, except that you may print or save a single copy of any page for your own personal reference.
Trademarks. "eType," "eType Services," "eMagazines," the eType logo, and other eType marks are trademarks of eType Services, LLC or its parent. Third-party trademarks, including publisher and partner logos shown on the Site, are the property of their respective owners and are used with permission for identification purposes; their presence does not imply endorsement by those owners.
Copyright concerns. If you believe content on the Site infringes your copyright, please see the DMCA Copyright Policy in our Privacy Policy, §18.
If you submit a Request Demo form, send us an email, or otherwise voluntarily provide information or content to us through the Site ("Submissions"), you represent that the Submission is accurate, that you have all rights necessary to provide it, and that providing it does not violate these Terms or any third-party right.
You grant eType a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and create derivative works of your Submissions for the purpose of responding to you, evaluating and providing our services, and improving the Site and our offerings. We will handle personal information in Submissions in accordance with our Privacy Policy.
If you send us unsolicited ideas, suggestions, or feedback ("Feedback"), you agree that Feedback is non-confidential and that we may use, implement, and exploit the Feedback for any purpose, without compensation or attribution to you.
The Site may contain links to third-party websites, services, or resources, and may reference third-party products (e.g., Stripe, PayPal, Payflow Pro, Google Analytics, app stores, hosting providers). These links and references are provided for your convenience and informational purposes only. We do not control, endorse, or assume responsibility for any third-party content, products, services, privacy policies, or practices. Your dealings with any third party are solely between you and that party.
eType builds and operates websites, e-Edition platforms, and mobile applications on behalf of publisher customers under those publishers' own brands. These products are not sold or distributed by eType to end users through the Site. Instead:
The Site and all content, features, and materials on it are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied.
To the maximum extent permitted by applicable law, eType disclaims all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. eType does not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected. eType makes no warranty regarding the accuracy, completeness, timeliness, reliability, or usefulness of any content on the Site.
Any material you obtain through the Site is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from such use.
To the maximum extent permitted by applicable law, in no event will eType, its affiliates (including eMagazines), or their respective directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business opportunities, arising out of or related to your use of, or inability to use, the Site, even if eType has been advised of the possibility of such damages.
eType's total aggregate liability for any and all claims arising out of or related to these Terms or your use of the Site will not exceed one hundred US dollars (US $100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
This Section does not limit liability for our gross negligence, fraud, or willful misconduct, or for any other liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless eType, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Site, (b) your violation of these Terms, or (c) your violation of any law or any third-party right. eType reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above. If the changes are material, we will use reasonable efforts to provide notice through the Site or by other means. Your continued access to or use of the Site after the effective date of any update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site.
We may suspend or terminate your access to all or part of the Site at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, the rights granted to you under these Terms will immediately cease, but the provisions that by their nature should survive (including §§6, 7, 10, 11, 12, 15, and 16) will continue in effect.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You and eType agree that the exclusive venue for any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site will be the state and federal courts located in Travis County, Texas, and you and eType consent to the personal jurisdiction of those courts. You and eType each waive any right to a jury trial to the maximum extent permitted by applicable law.
Notwithstanding the foregoing, eType may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Entire agreement. These Terms, together with our Privacy Policy and any other notices or agreements posted on the Site, constitute the entire agreement between you and eType regarding the Site and supersede any prior or contemporaneous agreements on that subject. A Publisher Agreement controls over these Terms with respect to the platform services it covers.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable while preserving its intent.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this section is void.
Relationship of the parties. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and eType.
Notices. We may provide notices to you by email (if you have provided us your email address), by posting on the Site, or by other reasonable means. Notices to eType should be sent to the address in §17.
Force majeure. eType is not liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, internet outages, or third-party service failures.
Export & sanctions. You agree to comply with all applicable export-control and sanctions laws, and you represent that you are not located in, under the control of, or a resident of any country or on any list that would prohibit your use of the Site under such laws.
Questions about these Terms? Contact us: