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Terms & Conditions
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
Clause 7 - Consent to use Your Personal Information
Clause 8 - Limitation of Liability
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;
• modify, translate, reverse engineer, reproduce, decompile, disassemble
(except as expressly permitted by law) or create derivative works of any
of the Masik Publishing Material;
• rent, lease, sub-licence, loan, copy or give or transfer any rights in
the Masik Publishing Material in any form, to any person or entity
without the prior written consent of Masik Publishing.
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;
• you must delete or destroy any of the Masik Publishing Material stored
by you in electronic or hard copy form as soon as reasonably
practicable;
• you will have no further rights to access or use the Web Site or the
Web Site Services.
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;
• to send or distribute multiple unsolicited emails or messages ('Spam')
or to cause any other person annoyance, inconvenience or worry;
• for any purposes connected to any business, including sending any
unsolicited advertisements or promotional material;
• to use or attempt to use any software, engine, or any other means to
navigate or search this Web Site other than the navigation tools and
search facilities available on this Web Site and general third party
browsers;
• to carry out any activities in relation to “screen scraping” or
“database scraping” to obtain lists of users, URLs, Internet Keywords or
other information;
• to access the Web Site by any means other than through the interface
that is provided by Masik Publishing for use in accessing the Web Site;
• to 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 the Web Site;
• to do anything which imposes an unreasonable or disproportionately
large load on the Web Site's infrastructure;
• to interfere with or disrupt the Web Site and/or Web Site Services or
servers or networks connected to the Web Site or disobey any
requirements, procedures, policies or regulations of networks connected
to the Web Site;
• or to collect or store personal data about other users of this Web
Site whether or not for commercial purpose without their consent. This
means no posting of phone numbers, addresses or any other private
information without the express permission of that individual.
Processing of personal data is regulated by the Data Protection Act 1998
in the United Kingdom.
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:
• any economic loss, (including without limitation, loss of revenue,
business, contracts, profits or anticipated savings);
• any loss of goodwill or reputation;
• any loss of data;
• or any special, indirect or consequential loss.
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, 34 Maskew Close, Weymouth, Dorset DT3
4NL. 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
All rights reserved.
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