AmateurGardening.co.uk
Web Site User Terms
1. These User Terms
1.1 In accordance with the following user terms
('User Terms'), IPC Media Limited ('IPC') grants
you as an authorised user ('Authorised User' or
'you') of this IPC amateurgardening.co.uk 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
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.
The goods and services ("Merchandise")
which may be purchased by you from companies or
individuals other than IPC ("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 IPC) 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 IPC shall have no responsibility,
obligations or liability in relation to the Merchandise.
You further acknowledge that IPC 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 amateurgardening.co.uk
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.
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
IPC 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) ('IPC Material') on the basis set out
in Clause 2.2.
You are entitled to access, download and transmit
(for the purposes expressly permitted in these
User Terms) and store the IPC 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 IPC Material;
modify, translate, reverse engineer, reproduce,
decompile, disassemble (except as expressly permitted
by law) or create derivative works of any of the
IPC Material;
rent, lease, sub-licence, loan, copy or give or
transfer any rights in the IPC Material in any
form, to any person or entity without the prior
written consent of IPC.
3. Ownership of Intellectual
Property Rights
Notwithstanding the limited rights granted to
you in accordance with Clause 2, IPC, or IPC's
suppliers, subcontractors and agents (collectively
'IPC Contractors') (as applicable) shall retain
all ownership, title and interest in the intellectual
property rights contained in the IPC 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').
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 IPC. IPC 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 the earlier
of the following:
you breach any of the terms of the licence granted
to you in accordance with Clause 2;
IPC terminates these User Terms by notice to you
at any time in accordance with Clause 9.2; or
you terminate these User Terms by notice to IPC
at any time in accordance with Clause 9.1.
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 IPC Material;
you must delete or destroy any of the IPC Material
stored by you in electronic or hard copy form
as soon as reasonably practicable; and
you will have no further rights to access or use
the Web Site or the Web Site Services.
5. IPC's Responsibilities
IPC undertakes to use commercially reasonable
endeavours to prevent breaches of security of
the Web Site.
IPC 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.
IPC 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.
IPC reserves the right, without notice to you,
to remove any IPC 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. IPC 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
You agree that you will use this Web Site in a
lawful manner that is consistent with all applicable
laws and regulations.
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 IPC
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 IPC
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, IPC
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 IPC forthwith, without notice to you.
7. Consent to Use Your
Personal Information
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
IPC or IPC Contractors. By accepting these User
Terms, you expressly agree to transfer such personal
information or data to IPC or IPC 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 IPC web
sites.
For the purposes of the Act, you further agree
that IPC or an IPC Contractor involved in the
provision of the Web Site Services, may send your
personal data outside of the European Economic
Area.
You may revoke the consents given above in Clauses
7.1 and 7.2 by giving notice to IPC 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.
For more information about the purposes for which
IPC may use your personal information and your
rights under the Act, please read IPC's privacy
policy displayed on this Web Site.
8. Limitation of Liability
IPC does not limit its liability for death or
personal injury to the extent only that it arises
as a result of the negligence of IPC, its employees,
or IPC Contractors, and the remainder of this
Clause 8 shall not apply to such liability.
To the extent that IPC 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, IPC'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.
IPC 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.
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.
The Web Site may contain links to third party
web sites which are controlled and operated by
parties other than IPC. The links will let you
leave the Web Site and IPC 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 IPC of the linked site. If you decide to access
linked third party web sites, you do so at your
own risk.
9. Notices
You may send a notice to IPC, or any questions
you may have concerning these User Terms by email
to shoot@ipcmedia.com or by writing to us at Shoot
Monthly, Kings Reach Tower, Stamford Street, London.
SE1 9LS. Such notices will be effective within
3 days of receipt by Amateur Gardening.
IPC may send you notice by general notice on this
Web Site, by email to your email address on record
with IPC, or by post to the geographical address
on record with IPC. Such notice will be effective
if sent by email or posted on the Web Site, 1
day from the date it was sent or posted on the
Web Site. If sent by regular post, it will be
effective 3 days after posting by IPC.
10. Competition Rules
All competitions offered by IPC 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 IPC Group company or anyone
else connected with the Competitions (“Entrant”).
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.
All Competitions shall be subject to terms and
conditions as displayed on the Web Site in relation
to each Competition.
11. General
For the purposes of Clauses 1.4, 3, 6.3, 7, 8
and 11.8 of these User Terms, IPC shall mean IPC
Media Limited and/or any IPC Group Company which
means an IPC 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.
These User Terms form the entire agreement between
you and IPC and supersede any other oral or written
communications, agreements or representations
with respect to your use of this Web Site and
Web Site Services.
IPC 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. IPC 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
IPC's posting of such changes will be regarded
by IPC 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.
Nothing in these User Terms affects your statutory
rights as a consumer.
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.
You acknowledge that IPC has entered into these
User Terms for its own benefit and for the benefit
of each IPC Group Company (as defined in Clause
11.1 above) and these User Terms are intended
to be enforceable by each IPC Group Company by
virtue of the Contracts (Rights of Third Parties)
Act 1999.
Subject to Clause 11.6, 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.
If IPC or any IPC 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 IPC or the IPC Contractors, neither IPC nor
any IPC Contractor will have any liability for
that failure to perform.
Your use of the Internet is solely at your risk
and subject to all applicable laws, and IPC has
no responsibility for any information, software,
services or other materials accessed or obtained
by you using the Internet.
Unless otherwise specified on this Web Site,
the IPC Materials available on this Web Site are
directed solely at those who access the Web Site
from the United Kingdom. IPC makes no representation
that any IPC 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.
These User Terms are governed by the laws of
England, and subject to the non-exclusive jurisdiction
of the English Courts.
© IPC Media Ltd. 2002
All rights reserved.
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