IPC Website Terms and Conditions
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 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 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.
1.5 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 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 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.
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
3.1 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').
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 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.
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 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;
• you will have no further rights to access or use the Web Site or the
Web Site Services.
5. IPC's Responsibilities
5.1 IPC undertakes to use commercially reasonable endeavours
to prevent breaches of security of the Web Site.
5.2 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.
5.3 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.
5.4 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
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 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
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 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.
7.2 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.
7.3 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.
7.4 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
8.1 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.
8.2 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.
8.3 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.
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 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
9.1 You may send a notice to IPC, or any questions you
may have concerning these User Terms by email to ybw.com@ipcmedia.com or by writing
to Company Secretariat, Room 0820, Kings Reach Tower, Stamford Street, London.
SE1 9LS. Such notices will be effective within three days of receipt.
9.2 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, 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 IPC.
10. Competition Rules
10.1 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”).
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 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.
11.2 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.
11.3 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.
11.4 Nothing in these User Terms affects your statutory rights as a consumer.
11.5 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.
11.6 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.
11.7 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.
11.8 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.
11.9 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.
11.10 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.
11.11 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.