Terms of Use
Meanings and definitions used in this Agreement:
"Agreement" - means this agreement for users of the Service;;
"NatMag" - means The National Magazine Company Limited of 72 Broadwick Street, London W1F 9EP;
"Service" - means the online publication ‘Jellyfish’;
1. Introduction to Agreement
1.1. This Service is owned and operated by NatMag
1.2. This Agreement governs the use of the Service produced by NatMag.
1.3. NatMag requires users of the Service to abide by the rules of this
Agreement. Your use of the Service will constitute your agreement to
comply with these rules.
1.4. If you do not agree with the rules contained in this Agreement, you should not use the Service.
1.5. NatMag may modify this Agreement from time to time and notice of
revisions to this Agreement will be posted here. Continued use of the
Service by you will constitute your acceptance of any changes or
revisions to the Agreement, so it's wise to check the Terms of Use
regularly.
1.6. We may terminate your access to the Service, without notice, in
addition to our other remedies if you fail to follow this Agreement and
the Service's rules.
Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
2. Use of the Service by You
• 2.1. Unless specified NatMag or its licensors owns all material on
this Service. You may retrieve and display content from this Service on
a computer screen, print individual pages on paper (but not photocopy
them) and store such pages in electronic form on disk (but not on any
server or other storage device connected to a network) for your own
personal, non-commercial use. You may not in any way make commercial or
other unauthorised use, by publication, re-transmission, distribution,
performance, caching or otherwise, of material obtained through the
Service.
2.2. You acknowledge that all magazine brands are trade marks and that
you may not use them without prior written permission from NatMag.
2.3. You may not authorise others to use the Service, and you are
responsible for all of your own use of the Service. You agree not to
use any obscene, indecent or offensive language, or to forward to the
Service any material that is false, defamatory, abusive, harassing or
hateful. Further, you may not forward to the Service any material that
is encrypted, constitutes junk mail or unauthorised advertising,
invades anyone's privacy, encourages conduct that would constitute a
criminal offence or give rise to civil liability, or that otherwise
violates any local, state, national or international law or regulation.
You agree to use the Service only for lawful purposes and you
acknowledge that your failure to do so may subject you to civil and
criminal liability.
2.4. Other than connecting to NatMag's servers by HTTP requests using a
Web browser, you may not attempt to gain access to NatMag's servers by
any means, including, without limitation, by using administrator
passwords or by masquerading as an administrator while using the
Service or otherwise.
2.5. You are responsible for ensuring that any material you provide to
the Service, including but not limited to text, photographs and sound,
does not violate the copyright, trademark, trade secret or any other
personal or proprietary rights of any third party.
2.6. You agree not to disrupt, modify or interfere with the Service or
its associated software, hardware and servers in any way, and you agree
not to impede or interfere with others' use of the Service. You further
agree not to alter or tamper with any information or materials on, or
associated with, the Service.
2.7. You acknowledge that NatMag has not reviewed and does not endorse
the content of all sites linked to from this Service and is not
responsible for the content or actions of any other sites linked to
from this Service. Linking to any other service or site from this
Service is at your sole risk.
2.8 NatMag encourages you to contact us if you feel a anything on the Service violates these rules.
2.9 NatMag reserves the right to republish any material you submit.
2.10 NatMag accepts no liability in respect of any material on the
Service and published by NatMag and NatMag is not responsible for its
content or accuracy.
2.11 If you want to submit material to the Service you may do so on the following terms and conditions:
2.12 Publication of any material you submit will be at the sole
discretion of NatMag and NatMag is entitled to make additions or
deletions to any such material prior to publication, after publication
or to refuse publication.
2.13 You grant NatMag a non-exclusive, perpetual, royalty-free license
to republish any material you submit in any format, and you warrant to
NatMag that any material you submit is your own work and that you own
the copyright and all relevant rights.
2.14 You warrant that the material you submit is not obscene, offensive, harassing, defamatory or otherwise illegal.
2.15 You agree not to post material that is deliberately intended to upset other users.
2.16 You acknowledge that any breach of these warranties may cause
NatMag damage or loss and agree to indemnify and hold harmless NatMag
in full and permanently against any third party liabilities, claims,
costs, loss or damage incurred by NatMag as a result of publishing any
material you submit to us, including consequential loss.
2.17 Eligibility. By using the Service, you represent and warrant that you
are 18 years of age or older. Your subscription and use of the Service may
be terminated without warning, if we believe that you are under 18 years of
age.
3. Information and Availability
While NatMag takes every care to ensure that the information on
theService is accurate and complete, some of it is supplied to NatMag
by third parties and NatMag is unable to check its accuracy or
completeness. You are advised to verify the accuracy of any information
before relying on it. Further, due to the inherent nature of the
Internet, errors interruptions and delays may occur in the service at
any time. Accordingly, the Service is provided "as is" without any
warranties of any kind and NatMag does not accept any liability arising
from any inaccuracy or omission in the information or interruption in
availability.
4. Links
4.1. Any third party web site that links to this Service must not:
- create a frame or any other browser or border environment around the content of this site;
- imply that NatMag is endorsing it or its products or services;
- use any NatMag trade mark displayed on any NatMag Service without permission from NatMag;
- infringe any intellectual property or other right of any person;
- be a web site that contains content that could be construed as distasteful, offensive or controversial.
4.2. NatMag expressly reserves the right to request that any link in
breach of these terms be removed and to take whatever other action it
deems appropriate.
4.3. On the Service you may be offered automatic links to other sites.
Whilst NatMag hopes you will be interested in those other sites, you
acknowledge that their owners may be independent from NatMag and NatMag
does not endorse or accept any responsibility for their content.
5. Use of Material Posted by You
5.1.You grant NatMag and its designees a perpetual royalty free
non-exclusive licence to use, reproduce, modify, translate, transmit,
distribute and sub-licence any information or material you supply or
communicate to the Service, in any medium now in existence or hereafter
developed, for any purpose, including commercial uses. NatMag will not
return it if submitted, and accepts no liability whatsoever for safe
custody thereof.
5.2. All other information and material you supply or communicate to
the Service is governed by the Privacy Policy, which is accessible at
any time on the Service.
6. Copyright Complaints
6.1. NatMag respects the intellectual property of others, and we ask
our users to do the same. NatMag may, in appropriate circumstances and
at its discretion, terminate the access of users, subscribers, and
account holders who infringe the copyright rights of others.
6.2. If you believe that your work has been copied and is accessible on
any NatMag Site in a way that constitutes copyright infringement, or
that the Service contains links or other references to another online
location that contains material or activity that infringes your
copyright, please contact NatMag immediately.
7. Comments by Users Are Not Endorsed by NatMag
7.1. NatMag does not necessarily endorse, support, sanction, encourage,
verify or agree with the comments, opinions or statements on the
Service. Any information or material placed online by third parties, is
the view and responsibility of those third parties and does not
necessarily represent the view of NatMag.
8. Competitions and Prizes
Please Note: Numbers are relevant for entry in the Terms of Use
These rules apply to all prize promotions including free draws, prize
competitions and instant win offers (the “Competition/s”).
8.1. From time to time NatMag will run Competitions on this Service and
in its various publications. These may be subject to additional terms
that will be made available at the time.
8.2. Competitions are open to UK residents aged 12 and over.
8.3. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
8.4. NatMag and the promoter reserve the right to substitute any prize for another prize of equal value.
8.5. NO PURCHASE NECESSARY to enter the Competitions unless otherwise
stated on the promotional activity with a specific competition.
8.6. By entering a Competition, the entrant agrees to be bound by the
rules and by any other requirements set out in the promotional material
accompanying the Competition.
8.7. By entering the Competitions, the entrant agrees to the terms of
the privacy policy. In addition NatMag may pass your personal
information to the promoters and their data processors. However, we
always demand that those parties adhere to the same security procedures
that we follow ourselves.
8.8. It is assumed that by entering Competitions which, if won, could
result in time off work, your employer is in agreement to time off.
When dates are specified they can not be altered.
8.9 Competition winners will be randomly selected from the entries
received unless stated otherwise in the promotional material which
accompanies a Competition. Entries in the incorrect format or submitted
by bulk competition entry organisations on an entrants behalf will not
be considered. Entries cannot be returned.
8.10. Winners maybe notified by post or email on the day of the winner
being determined. In this event winners have five (5) business working
days to respond in full to the email or another winner will be drawn.
8.11. By entering the Competition, the winner(s) consent to any
publicity generated as a result of the Competition, and their name or
image being used on websites, magazines or mobile services at any time.
8.12. Competitions are open to all residents of the UK, except
employees of NatMag, the promoter and their immediate families, the
promoters advertising agency and sales promotion consultancy, and
anyone else connected with the creation and administration of the
promotion.
8.13. The Sites' Editors' decision is final and no correspondence will
be entered into. Odds of winning depend on the number of eligible
entries received.
8.14 Only one entry per person. Spammers and entries received by bulk will be disqualified.
8.15. NatMag will not accept responsibility for lost through technical
fault, incomplete, illegible or other damaged entries. Proof of entry
is not automatically proof of receipt.
8.16. The Competitions are held by The National Magazine Company Ltd,
72 Broadwick Street, London, W1F 9EP or the promoter, as stated.
8.17. Details of the winner(s) can be obtained by sending a SAE marked
[enter name of website and/or competition], The National Magazine
Company Ltd, 72 Broadwick Street, London, W1F 9EP, within 21 days of
the closing date of the promotion.
8.18 NatMag shall be permitted to exclude any entrant at any time at its sole discretion.
8.19. Where NatMag runs a competition with a promoter such that the
promoter is responsible for the selection and/or the provision of
prizes then NatMag shall not be responsible for or have any liability
for the provision of such prizes.
8.20. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
9. e-COMMERCE
NatMag has joined up with selected third party partners to enable you
to purchase relevant products and services. Transactions carried out
with specified third party partners (and not with NatMag) will be
governed by the third party's standard terms and conditions which may
be found on their sites before you transact. From time to time NatMag
may team up with other selected third parties to offer you the
opportunity to purchase goods from the Service. Such purchases will be
with the named third party (and not with NatMag) and will be governed
by the terms and conditions notified to you at the time of purchase.
NatMag cannot and do not accept any responsibility or liability for any
losses you may suffer as a result of entering into any transaction with
any third party.
10. Other Promotions
From time to time, NatMag (or selected third parties) may include
competitions, promotions or other offers on the Service. Each such
offer shall be subject to its own express terms and may not be
available in all jurisdictions.
11. Materials Provided by third parties
11.1. You agree that NatMag is not responsible, and shall have no
liability to you, with respect to any information or materials posted
by third parties, including defamatory, offensive or illicit material.
12. Trade marks
All magazine trade marks are trade marks of NatMag or its sister
companies and may be registered in certain jurisdictions. All other
trade marks used on the Service are the property of their respective
owners.
13. Indemnity
13.1. You agree to indemnify NatMag and its subsidiaries, affiliates,
officers, employees, advertisers, partners, agents and representatives,
and to hold them harmless from any and all claims, demands and
liabilities (including legal fees) that may arise from your submissions
or provision of content, from your unauthorised use of material
obtained through the Service, from your breach of this Agreement, or
from any such acts arising through your use of the Service or any other
violation of the rights of another person or party.
14. Editing and Deletions
14.1. NatMag reserves the right, but undertakes no duty, to review,
edit, move or delete any material on the Service, in its sole
discretion and without notice.
15. Additional Rules
15.1. NatMag reserves the right to post, from time to time, additional
terms and conditions that apply to specific parts of the Service. Such
additional terms and conditions will be posted in the relevant parts of
the Service, and will be clearly identified. Your use of the Service
constitutes your agreement to comply with these additional terms and
conditions.
16. Disclaimer of Warranty and Limitation of Liability
16.1. YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE SERVICE AND ANY
OF ITS SERVICES AT YOUR OWN RISK. THE SERVICE AND ITS SERVICES ARE
PROVIDED "AS IS," AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NATMAG
AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS
AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY,
RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A
PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR
REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM,
INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
16.2. NATMAG AND ITS AFFILIATES MAKE NO WARRANTY, IMPLIED OR EXPLICIT,
THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY, NOR THAT
THE CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND
AGREE THAT NEITHER NATMAG NOR ITS AFFILIATES NOR ANY PARTICIPANT IN THE
SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH
ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT
OUR LIABILITY OF ANY KIND.
16.3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE NATMAG AND ITS
AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY
SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE
SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE
SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE
INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE
TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
16.4. NATMAG'S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR
PERSONAL INJURY DIRECTLY CAUSED BY NATMAG'S NEGLIGENCE.
17. Termination
17.1. NATMAG HAS THE RIGHT TO TERMINATE YOUR ABILITY TO ACCESS THE SERVICE, FOR ANY REASON, WITHOUT NOTICE.
18. Privacy Policy
18.1. The information that you provide about yourself to NatMag will
only be used by NatMag in accordance with its Privacy Policy. The
Privacy Policy does not apply to third party sites
18.2. NatMag may from time to time invite you to provide personal
information in order to provide you with services (such as email
newsletters and competitions) and to enable you to order goods. In
order to deliver such services or goods, NatMag will need to process
and store your personal information and may need to transfer it to
affiliates and service providers for processing inside the European
Economic Area. By submitting your personal information, you consent to
such processing and transfers in connection with such orders, offers or
services and for any other purposes to which you consent at the time
you provide the information. In order to enable NatMag to provide you
with a personalised browsing experience, this site may use 'cookie'
information collection technology. The information gathered by NatMag
cookies is limited to use within NatMag for the purposes of enhancing
your experience on our Sites. NatMag will only use your personal
information for purposes for which you have consented and will not sell
or rent your personal information to third parties for marketing
purposes without such consent. In order to protect your privacy, NatMag
is registered in accordance with and seeks to comply with the UK Data
Protection Act 1998. NatMag follows strict security procedures in the
storage and disclosure of personal information so as to prevent
unauthorised access by third parties. NatMag also requires those
parties to whom NatMag transfers personal information to comply with
the same. If you have any queries about NatMag privacy policy or any
queries about the protection of personal information NatMag holds about
you, please write to: The National Magazine Company, 72 Broadwick
Street, London, W1F 9EP.
18.3 Data Protection: The National Magazine Company and our sponsors
and promoters may use your details to let you know about other products
and services which we think would be of interest to you. Occasionally,
we may also pass your details to selected companies. This will only be
done with your permission so we advise you to check the tick boxes on
the relevant form carefully. The National Magazine Company is
registered as a data controller under the Data Protection Act 1998. The
National Magazine Company, 72 Broadwick Street, London W1F 9EP. For
more information please click http//:www.natmags.co.uk
19. Choice of Law and Jurisdiction
19.1. You agree that this Agreement, for all purposes, shall be
governed by and construed in accordance with English law. You also
agree, subject to the following clause, to submit to the exclusive
jurisdiction of the English courts as regards any claim or matter
arising under this Agreement.
19.2. For the exclusive benefit of NatMag, NatMag shall retain the
right to bring proceedings as to the substance of the matter in the
courts of the country of your residence.
20. General
20.1 From time to time, the Service may publish articles or features,
which some site visitors may find offensive. NatMag does not intend to
offend and suggests that Service users who find the tone or content of
the Service offensive, no longer visit or use the Service. No
responsibility is taken for any offense caused.
20.1. This Agreement is the complete and entire agreement between the
parties and supersedes any prior agreement, whether written or oral.
20.2. If any provision of this Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of that provision
will not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect.
20.3. Failure of either party to exercise any right or remedy under
this Agreement does not constitute a waiver of that right or remedy.
Please leave the Service now if you don't agree to the terms contained in this Agreement. |