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| Terms & Conditions
1. These User Terms 1.1 In accordance with the following user terms ('User Terms'), Masik Publishing grants you as an authorised user ('Authorised User' or 'you') of this Masik Publishing web site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations. 1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses: Clause 6 - Your Responsibilities 1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future. 1.4 The goods and services ("Merchandise") which may be purchased by you from companies or individuals other than Masik Publishing ("Merchants") via third party and/or third party web sites linked to this Web Site are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not Masik Publishing) is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or from the Merchant via the Merchant's web site or otherwise is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that Masik Publishing shall have no responsibility, obligations or liability in relation to the Merchandise. 1.5 You further acknowledge that Masik Publishing is not responsible or liable directly or indirectly for any change or loss whatsoever and howsoever arising or resulting from your use of or reliance on any consent, material or goods or services available through, on or from any Merchant or Merchant's web sites. It is important that you check the privacy policy, terms and conditions of use and content of any website and/or Merchant's information accessible to you from this web site 1.6 If you register for any prize competitions, promotions or other give-aways on the Web Site separate Terms and Conditions which are located on the Web Site, shall also apply in addition to the remainder of these User Terms. 1.7 If you register for any Forums separate Forum Rules which are located on the Web Site shall also apply in addition to these User Terms. 2. Licence to Use Material on Web Site 2.1 Masik Publishing grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('Masik Publishing Material') on the basis set out in Clause 2.2. 2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the Masik Publishing Material for your own personal, non-commercial use provided that you do not: • remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the Masik Publishing Material; 3. Ownership of Intellectual Property Rights 3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, Masik Publishing, or Masik Publishing's suppliers, subcontractors and agents (collectively 'Masik Publishing Contractors') (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the Masik Publishing Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world ('Intellectual Property Rights'). 3.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via chat services, feedback, bulletin boards or articles or any other material submitted for publication on the Web Site or in using any of the Web Site Services ("User Generated Content") may be retained as the property of Masik Publishing. Masik Publishing shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6. 4. Duration of User Terms and Termination 4.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until: • Masik Publishing terminates these User Terms by notice to you at any time in accordance with Clause 9.2. 4.2 In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations: • the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the Masik Publishing Material; 5. Masik Publishing's Responsibilities 5.1 Masik Publishing undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site. 5.2 Masik Publishing makes no representation or warranty that the Web Site or services offered via the Web Site [(i.e. bulletin boards, chat (except any Merchandise made available by Merchants via links to this Web Site, which are subject to the separate Merchant terms and conditions as mentioned in Clause 1.4)) ('Web Site Services') will be accessible, or useable by you or error free. 5.3 Masik Publishing takes no liability for any failure or interruption of the Web Site or any inability to access or use the Web Site or any features, products or services on the Web Site. 5.4 Masik Publishing reserves the right, without notice to you, to remove any Masik Publishing Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. Masik Publishing will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. 6. Your Responsibilities 6.1 You agree that you will use this Web Site in a lawful manner that is consistent with all applicable laws and regulations. 6.2 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password. You take full responsibility for all information and instructions transmitted through the Web Site using your user name and/ or password. All such information will be considered sent and authorised by you. You agree that you will not use the Web Site or any of the Web Site Services as follows: • to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound; 6.3 You agree to indemnify Masik Publishing against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, Masik Publishing shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by Masik Publishing forthwith, without notice to you. 7. Consent to Use Your Personal Information 7.1 For the purposes of the Data Protection Act 1998 (the “Act”), you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to Masik Publishing or Masik Publishing Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to Masik Publishing or Masik Publishing Contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected Masik Publishing web sites. 7.2 For the purposes of the Act, you further agree that Masik Publishing or an Masik Publishing Contractor involved in the provision of the Web Site Services, may send your personal data outside of the European Economic Area. 7.3 You may revoke the consents given above in Clauses 7.1 and 7.2 by giving notice to Masik Publishing in accordance with Clause 9.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services. 7.4 For more information about the purposes for which Masik Publishing may use your personal information and your rights under the Act, please read Masik Publishing's privacy policy displayed on this Web Site. 8. Limitation of Liability 8.1 Masik Publishing does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Masik Publishing, its employees, or Masik Publishing Contractors, and the remainder of this Clause 8 shall not apply to such liability. 8.2 To the extent that Masik Publishing is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Web Site Services, Masik Publishing's entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months. 8.3 Masik Publishing shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for: 8.4 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. 8.5 The Web Site may contain links to third party web sites which are controlled and operated by parties other than Masik Publishing. The links will let you leave the Web Site and Masik Publishing is not responsible for any contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by Masik Publishing of the linked site. If you decide to access linked third party web sites, you do so at your own risk. 9. Notices 9.1 You may send a notice to Masik Publishing, or any questions you may have concerning these User Terms by email to info@masikpublishing.com or by writing to Masik Publishing, 73 Poole Road, Wimborne, Dorset, BH21 1QB, United Kingdom. Such notices will be effective within three days of receipt. 9.2 Masik Publishing may send you notice by general notice on this Web Site, by email to your email address on record with Masik Publishing, or by post to the geographical address on record with Masik Publishing. Such notice will be effective if sent by email or posted on the Web Site, one day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective three days after posting by Masik Publishing. 10. Competition Rules 10.1 All competitions offered by Masik Publishing from this Web Site (“Competitions”) are open to any United Kingdom or Channel Island resident who is aged 18 or over, except for employees (and their families) of any Masik Publishing Group company or anyone else connected with the Competitions (“Entrant”). 10.2 All Entrants must register for the relevant Competition by giving their correct name and address in the United Kingdom, together with their email address. By registering for the relevant competition, you acknowledge that you have read and agree to the provisions contained in Clause 7 regarding consent to use your personal information. 10.3 All Competitions shall be subject to terms and conditions as displayed on the Web Site in relation to each Competition. 11.General 11.1 These User Terms form the entire agreement between you and Masik Publishing and supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services. 11.2 Masik Publishing reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. Masik Publishing will provide as much notice as possible prior to making any changes to the User Terms on the Web Site, but prior notice may not always be feasible for a variety of reasons. Your continued use of the Web Site or the Web Site Services following Masik Publishing's posting of such changes will be regarded by Masik Publishing as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future. 11.3 Nothing in these User Terms affects your statutory rights as a consumer. 11.4 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. 11.5 You acknowledge that Masik Publishing has entered into these User Terms for its own benefit and for the benefit of each Masik Publishing Group Company (as defined in Clause 11.1 above) and these User Terms are intended to be enforceable by each Masik Publishing Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999. 11.6 Subject to Clause 11.5, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 11.7 If Masik Publishing or any Masik Publishing Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Masik Publishing or the Masik Publishing Contractors, neither Masik Publishing nor any Masik Publishing Contractor will have any liability for that failure to perform. 11.8 Your use of the Internet is solely at your risk and subject to all applicable laws, and Masik Publishing has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet. 11.9 Unless otherwise specified on this Web Site, the Masik Publishing Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. Masik Publishing makes no representation that any Masik Publishing Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable. 11.10 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts. © Masik Publishing. 2007 |
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© 2008 Masik Publishing, all rights reserved. Masik Publishing, 73 Poole Road, Wimborne, Dorset, BH21 1QB, United Kingdom |
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