Terms and Conditions
1 These User Terms1.1 H Bauer Publishing ('H BAUER') grants you the right to use:
1.1.1 this web site and each other web site operated by H BAUER from time to time (together the 'Web Site'); and
1.1.2 any services offered by H BAUER on the Web Site (including promotions, competitions, focus groups, subscriptions, chat rooms, forums, and bulletin boards) ('Web Site Services'),
subject to these terms and conditions ('User Terms').
References to the 'Web Site' include the 'Web Site Services', unless otherwise stated.
1.2 These User Terms are a legal document. Please read them carefully. By continuing to use the Web Site you agree to these User Terms. In particular, you agree you have read and understood the following Clauses:
1.2.1 Clause 6 (Your Responsibilities);
1.2.2 Clause 7 (Consent to use Your Personal Information); and
1.2.3 Clause 8 (Limitation of Liability).
1.3 If you do not agree with these User Terms please immediately exit the Web Site and do not use it in the future.
1.4 If you register for or enter any H BAUER prize competition, promotion, give-away, subscription or other Web Site Service on the Web Site separate terms and conditions may apply. If separate terms and conditions apply you shall have to accept those terms and conditions to register or enter. Those separate terms and conditions shall, unless expressly provided otherwise, incorporate these User Terms. If there is a conflict between those separate terms and conditions and these User Terms, those separate terms and conditions shall prevail (unless previously provided to the contrary).
1.5 Notwithstanding the other provisions of this Clause 1, H BAUER accepts no responsibility for any promotion, content or service offered on any third party web site. Please read Clause 6 of these User Terms for further information on third party web sites.
2 Licence to Use Material on Web Site2.1 H BAUER grants you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site ('H BAUER Material') in the United Kingdom subject to the conditions set out in Clause 2.2, unless otherwise indicated on the Web Site.
2.2 You may access, download, transmit and store the H BAUER Material provided such access, download, transmission and/or storage is for your personal, non-commercial use, and you do not:
2.2.1 remove any notices about the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1) in the H BAUER Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the H BAUER Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the H BAUER Material in any form, to any person or entity without the prior written consent of H BAUER; or
2.2.4 attempt (or allow any third party) to do the same.
3 Ownership of Intellectual Property Rights3.1 Notwithstanding the limited rights granted to you in these User Terms, H BAUER, or H BAUER's licensors, suppliers, subcontractors and agents ('H BAUER Contractors'), as applicable, shall retain all ownership, title and interest in the intellectual property rights contained in H BAUER Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether or not registerable) know-how, trade or business names, domain names, goodwill associated with any of these rights and other similar rights or obligations whether registerable or not in any jurisdiction in the world ('Intellectual Property Rights').
3.2 In consideration of H BAUER permitting you to submit or create material on the Web Site, you agree to assign to H BAUER or (on H BAUER's request) license to H BAUER on a worldwide, royalty-free, non-exclusive, fully transferable basis, and on terms acceptable to H BAUER, any Intellectual Property Rights in any material you create in using the Web Site, including but not limited to:
3.2.1 any material you create in using the Web Site Services; and
3.2.2 any material you submit for publication or use in connection with the Web Site or any Web Site Service or any H BAUER title,
(together the 'User Generated Content').
3.3 H BAUER shall have no obligation to monitor User Generated Content to ensure that it complies with applicable laws or regulations. Under Clause 6 you remain solely responsible for User Generated Content you create.
4 Duration of User Terms and Termination4.1 These User Terms shall remain in force until H BAUER terminates this agreement with you by giving you notice under Clause 10.
4.2 If H BAUER terminates this agreement with you, you agree:
4.2.1 That the licence granted to you under Clause 2 shall terminate immediately and you shall have no further rights to use the H BAUER Material;
4.2.2 as soon as reasonably practicable thereafter to delete or destroy any H BAUER Material stored by you in any form;
4.2.3 that you shall have no further rights to access or use the Web Site.
4.3 Termination of these User Terms shall not affect the continuation in force of any provision which is expressly or by implication intended to be in force on or after termination of these User Terms.
5 H BAUER's Responsibilities5.1 H BAUER shall use commercially reasonable endeavours to prevent breaches of Web Site security.
5.2 H BAUER makes no representation or warranty that the Web Site will be accessible or useable by you, accurate or complete or error free.
5.3 H BAUER reserves the right at its sole discretion, without notice to you, to remove any H BAUER Material (including User Generated Content) from the Web Site or to suspend or alter the Web Site. In exercising this discretion H BAUER will try but is not obliged to give you as much notice as reasonably possible.
5.4 H BAUER accepts 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.
6.2 Contracts to buy goods and/or services ("Merchandise") from companies or individuals other than H BAUER linked to this Web Site ("Merchants") will be subject to separate terms and conditions between you and the applicable Merchant. You agree the relevant Merchant (and not H BAUER) is solely responsible for fulfilling any order you make for Merchandise and for its quality, suitability and fitness for purpose. You agree your selection of any Merchant and/or the purchase of any Merchandise is solely your choice and that H BAUER has no responsibility for it. You shall direct any disputes or questions about Merchandise to the Merchant in question and you agree H BAUER shall have no responsibility, obligations or liability for Merchants and/or Merchandise.
7 Your Responsibilities7.1 You agree that in using this Web Site you will comply with all applicable laws and regulations.
7.2 You agree that you are responsible for the security and use of any user names or passwords provided to you to access or use the Web Site. You agree to take all reasonable steps to keep such user names and passwords confidential and secure, and to prevent any unauthorised person from using them to access or use the Web Site. H BAUER shall treat all information and instructions transmitted through the Web Site using your user name and/or password as transmitted and authorised by you. You take full responsibility for all information and instructions transmitted through the Web Site using your user name and/or password (and you agree that H BAUER shall be entitled to rely on or act on any such information or instruction).
7.3 The contents of the Web Site do not constitute advice and you should not rely on the contents of the Web Site in making or refraining from making, any decision.
7.4 You agree that you will not:
7.4.1 use the Web Site to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene or otherwise use the Web Site for any unlawful activity or purpose;
7.4.2 use the Web Site to infringe or make any unauthorised use of any other person's Intellectual Property Rights or in a way that breaches any obligation of confidentiality by which you are bound;
7.4.3 use the Web Site to send or distribute multiple unsolicited emails or messages or to cause any other person annoyance, inconvenience or worry;
7.4.4 use the Web Site for any purposes connected to any business, including for sending unsolicited advertisements or promotional material;
7.4.5 use or attempt to use any software, engine, or any other means to navigate or search the Web Site other than the navigation tools and search facilities available on the Web Site and generally available third party browsers;
7.4.6 carry out any activities in relation to "screen scraping" or "database scraping" (or similar) to obtain lists of users, URLs, internet keywords or other information from the Web Site;
7.4.7 access the Web Site by any means other than through the interface H BAUER provides for use in accessing the Web Site;
7.4.8 use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to computer software or hardware or telecommunications equipment used by the Web Site;
7.4.9 do anything which imposes an unreasonable or disproportionately large load on the Web Site's infrastructure;
7.4.10 interfere with or disrupt the Web Site servers or networks connected to the Web Site or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site; or
7.4.11 collect or store personal data about other users of this Web Site (whether or not for commercial purpose) without their consent.
7.5 You agree to indemnify H BAUER against any claims, costs, expenses (including those of legal proceedings) caused to it because of your use of the Web Site.
8.2 For the purposes of the Data Protection Act 1998 (the 'Act'), you agree that your use of this Web Site will allow H BAUER and/or H BAUER Contractors to capture and process certain personal information or data about you to enable you to navigate the Web Site and for the purpose of providing the Web Site Services. In particular, by accepting these User Terms, you expressly agree:
8.2.1 to transfer such personal information or data to H BAUER or H BAUER Contractors; and
8.2.2 for H BAUER or H BAUER Contractors to use, store and process such personal information or data to provide this Web Site and/or any other connected H BAUER web site and each relevant Web Site Service.
8.3 H BAUER will process your personal information as data controller and accordingly is subject to the Act.
8.4 For the purposes of the Act, you further agree that H BAUER and/or H BAUER Contractors involved in providing the Web Site, may send your personal data outside of the European Economic Area to enable you to navigate the Web Site and for the purpose of providing the Web Site Services. Certain of this data may be received by companies located in countries whose laws do not provide an 'adequate' level of protection for that data as required by the Act.
8.5 You may revoke the consents you give under this Clause 8 by giving notice to H BAUER under Clause 10. If you revoke the consents you give under this Clause 8 you must exit the Web Site and agree that you have no further rights to use the Web Site.
9 Limitation of Liability9.1 Notwithstanding any other provision of these User Terms H BAUER does not limit or exclude its liability for (i) for death or (ii) for personal injury to the extent only that it arises because of H BAUER's negligence of that of its employees or H BAUER Contractors or (iii) to the extent prohibited by a mandatory provision of law.
9.2 If a court of competent jurisdiction deems H BAUER to have any liability to you in relation to this Web Site in contract, tort (including negligence) or otherwise, H BAUER's entire liability shall be limited to:
9.2.1 £1,000 for any one incident or series of related incidents; and
9.2.2 without prejudice to Clause 9.2.1 £2,000 for all incidents occurring in any period of 12 consecutive months.
9.3 H BAUER shall not be liable to you in contract, tort, negligence (other than for fraudulent or negligent misrepresentation) or otherwise for:
9.3.1 any economic loss, (including without limitation, loss of revenue, business, contracts, profits, opportunity or anticipated savings);
9.3.2 any loss of goodwill or reputation;
9.3.3 any loss of data;
9.3.4 any loss arising from your use of any Merchant web sites or your entry of a contract for the purchase of any Merchandise; or
9.3.5 any special, indirect or consequential loss.
9.4 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, and which are excluded to the fullest extent allowed by law.
10 Notices10.1 You may send a notice to H BAUER, or any questions you may have about these User Terms by email to firstname.lastname@example.org or by writing to: Readers Department, H Bauer Publishing, Academic House, 24-28 Oval Road, London, NW1 7DT. H BAUER shall endeavour to action and/or respond to any such notice as soon as reasonably possible after receipt.
10.2 H BAUER may send you a notice in relation to these User Terms by placing a notice on the Web Site, by email to your email address on record with H BAUER, or by post to your address on record with H BAUER. If H BAUER posts a notice on the Web Site or sends a notice to you by e-mail it shall be effective one day after the date of sending or publication. If H BAUER sends a notice by post, it shall be effective three days after posting.
11 General11.1 For the purposes of Clauses 3, 6, 7.5, 8, 9, and 11.7 of these User Terms, H BAUER shall mean H Bauer Publishing and/or any H BAUER group entity (including any H BAUER subsidiary or holding company, or a subsidiary of that holding company all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989) ('H BAUER Group Entities').
11.2 These User Terms (and, where applicable, any special terms and conditions described in Clause 1) form the entire agreement between you and H BAUER and, except in the case of fraud, replace any other oral or written communications, agreements or representations about your use of this Web Site and any services available through it.
11.3 H BAUER reserves the right to add to or change these User Terms in its sole discretion without notice to you. All changes to the User Terms will be effective once posted on the Web Site. H BAUER will provide as much notice as reasonably possible before making any changes to the User Terms on the Web Site. Your continued use of the Web Site following H BAUER's posting of such changes is acceptance of the amended User Terms. If you do not agree to amended User Terms you should exit the Web Site and not access or use the Web Site in the future.
11.4 If a court of competent jurisdiction holds any part of these User Terms unenforceable, the rest of these User Terms shall remain valid.
11.5 You agree that H BAUER has entered these User Terms for its own benefit and for the benefit of each H BAUER Group Entity (as defined in Clause 11.1). You agree these User Terms are enforceable by each H BAUER Group Entity under 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 these User Terms. This does not affect any right or remedy of a third party which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.
11.7 Neither H BAUER nor any H BAUER Contractor will have any liability for any failure to comply with these User Terms because of a matter beyond its reasonable control. Such matters include but are 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 H BAUER or H BAUER Contractors.
11.8 Your use of the internet is solely at your risk and subject to all applicable laws, and H BAUER has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet.
11.9 If a party breaches a term of these User Terms, the rights of the other party arising from that breach cannot be waived except with the express written consent of the other party. Waiver of one breach does not waive or imply waiver of any further or other breach.
11.10 You agree, at your own expense, to take any action which H BAUER reasonably requests to carry out the intended purpose of these User Terms, or perfect, preserve, protect or enforce any of H BAUER's rights under these User Terms.
11.11 Unless otherwise specified on the Web Site, the H BAUER Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. H BAUER does not represent that any H BAUER Material is suitable for use elsewhere, or available in any other location. If you choose to access the Web Site from any other location you are solely responsible for complying with local laws and regulations to the extent they apply.
These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.