Please read these Terms carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of these Terms for future reference.
By using our site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
You are not allowed to use our site, unless you are at least 18 years of age.
By accessing or using our site you affirm that:
Other applicable terms
These Terms refer to the following additional terms, which also apply to your use of our site:
Changes to these terms
We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on this page with a new “effective date” shown as “Last Updated”. All such changes in the Terms shall be effective from such effective date. Your continued use of our site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using our site.
Changes to our site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period of time.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Using our site
When using our site, you agree to comply with the following requirements at all times:
End User Data and Information
Our site may collect data about the visitors (including e-mail addresses) of our site and may monitor the interaction between them and our site (“Data Collection”). By using our site, you agree to the Data Collection.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
Third Party Affiliates
Our site may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links on our site.
Intellectual property rights
“Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
The content on our site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Content and any other content on our site (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to us.
Content on our site is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to our site. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of our site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our site.
Our status (and that of any identified contributors) as the authors of Content on our site must always be acknowledged.
If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Subject to these Terms, we grant you a limited, non-transferable, non-exclusive, non-assignable and revocable permission to access and make personal, non-commercial use our site, provided that:
Using our site does not give you ownership of any Intellectual Property Rights in our site or the content you access.
No reliance on information
The Content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
You understand that when using our site, you will be exposed to User Content (as defined below) from a variety of sources, and we take no responsibility and assume no liability for any User Content that you or any other user or third party posts or transmits using our site, or the defamatory, offensive, or illegal conduct of any third party, and you agree that the risk of harm or damage from the foregoing rests entirely with you.
We do not warrant, endorse or guarantee any User Content, product, or service that appears in its users’ submission or that is featured or advertised on our site.
You understand and agree that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of our site.
To the extent permitted by law, we specifically disclaim any and all warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title non-infringement, and any warranties arising out of course of dealing or usage of trade.
While we make reasonable efforts to ensure that our site will function as claimed, we do not guarantee that our site will be free of bugs, security breaches, virus attacks and the like, or that it will always be available. In addition, you agree that we will not be held responsible for any consequences to users that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers.
You are solely responsible for your interaction with other users. If you have a dispute with any other user of our site, you agree that we are not liable for any claims or damages arising out of or connected with such a dispute. We reserve the right, but have no obligation, to monitor any such dispute between two or more users, arising out of their use of our site.
Limitation of our liability
To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We, our affiliates and their respective officers, directors, employees, licensors, assigns and agents will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
To the maximum extent permitted by law, we, our affiliates and their respective officers, directors, employees, licensors, assigns and agents shall not be liable for any loss of money, goodwill, reputation, data, intangible losses, special, indirect, direct, incidental, punitive or consequential damages, that result from (i) the use of, or the inability to use, our site; (ii) any conduct or content of any third party on our site, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (iii) unauthorized access, use or alteration of your transmissions or content; even if we have been advised of the possibility of such losses or damages.
You expressly acknowledge and agree that:
You agree to defend, indemnify and hold us harmless from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, legal fees and disbursements resulting, directly or indirectly, from our site or your: (a) breach of these Terms; (b) access, use or inability to access or use our site; (c) breach of any third party rights (or any end user rights), including without limitation, any copyright, proprietary, or privacy right; or (d) breach of any law or regulation.
Uploading content to our site
The platform in our site enables you and other users of our site to post content and upload user content (including without limitation information, data, notes, text, documents, files, messages, signs, symbols, icons, images, photos, drawings, animation, graphics, charts, designs, scripts, code, audio, video, clips, comments, software, links, and other materials). Anything that you or other users upload or post or otherwise make available on our site is referred to as “User Content”.
Any content you upload to our site will be considered non-confidential and non-proprietary.
Whenever you make use of a feature that allows you to upload content to our site, or to contact other users of our site, you must comply with these Terms.
You warrant that any such contribution of User Content complies with these Terms, and you will be liable to us and indemnify us for any breach of that warranty.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards as determined by us, from time to time.
You may request the deletion of User Content that you uploaded to our site at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
When you upload or otherwise submit User Content to our site, you hereby give us (and our successors, and those we work with) a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free license and right to host, store, reproduce, copy, remove, retain, add, process, analyze, modify, create derivative works, improve, communicate, publish, distribute, publicly perform, publicly display and distribute, use and commercialize such User Content, in any way now known or in the future discovered, without any further consent, notice and/or compensation to you or to any third parties. You further waive any moral rights in your User Content, to the extent permitted by law, and acknowledge and agree that you shall not be entitled to any remuneration for such use of User Content.
You also hereby grant each user of our site or other viewer of the User Content a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Content. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same.
This license will survive these Terms and continue even if you stop using our site.
Nothing in these Terms shall restrict other legal rights we may have to User Content (for example under other licenses).
We have the right – but not the obligation – in our sole discretion and without further notice to you, to monitor, censor, edit, modify, delete, and/or remove any and all Content posted on our site (including User Content) at any time and for any reason.
Without limiting the foregoing, we have the right – but not the obligation – to delete any User Content that we believe, in our sole discretion, does or may violate these Terms, our policies or any law.
These rights do not necessarily mean that we review content, so please don’t assume that we do.
Any information you upload or otherwise submit to our site is at your own risk of loss.
You shall be solely responsible for your User Content and the consequences of posting or publishing them.
By uploading or otherwise submitting User Content to our Site, you represent and warrant that:
It is your responsibility to keep your User Content accurate and updated.
AS A CONDITION TO USING OUR SITE, AND AS A CONDITION TO UPLOADING OR OTHERWISE SUBMITTING USER CONTENT TO OUR SITE, YOU AGREE TO THESE TERMS AND TO STRICTLY OBSERVE THE FOLLOWING:
You will not display, post, submit, publish, upload, transmit, send, or otherwise make available or initiate any User Content that:
THE VIEWS EXPRESSED BY OTHER USERS ON OUR SITE DO NOT REPRESENT OUR VIEWS OR VALUES.
We reserve the right to access, read, preserve, and disclose any User Content (whether published or not) or any other information as we reasonably believe is necessary to:
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Copyright and Content Policy
It is our policy to respect the legitimate rights of copyright and other intellectual property owners and we have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act.
We have designated an agent (specified below) to receive notifications of claimed copyright infringement on our site. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any material or content made available on or through our site has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control, please report the alleged copyright infringements taking place by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to 42 Media Group’s Designated Copyright Agent (“Agent”) as set forth below.
Please provide our Agent with the following information:
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached or at the mailing address at the end of these Terms.
Once such Notice of infringement is properly received by the Agent, it is our policy:
If you believe that the material you posted was removed by mistake, you may elect to send us a counter notice (“Counter Notice”). To be effective, the Counter Notification must be a written communication provided to our Agent that includes substantially the following:
Please note that when you provide us a Notice or a Counter Notice, we are relying on the information that you have provided us. Any person who knowingly misrepresents that the material or activity is infringing, shall be liable for any damages, including costs and attorneys’ fees, incurred to the alleged infringer, to any copyright owner, copyright owner’s authorized licensee or to 42 Media Group, who is injured by such misrepresentation.
Please remember that there are legal and financial consequences for fraudulent or bad faith submissions. Before submitting a Notice or a Counter Notice, be sure that you are the actual rights’ holder of the content or that you have a good faith belief that the material was removed in error and understand the repercussions of submitting a false claim.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than as set out above, please contact us.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.