Terms and Conditions
Introduction
Thebristolmagazine.co.uk is owned and managed by MC Publishing Limited (“MC Publishing”)
The Bristol Magazine and thebristolmagazine.co.uk are trading names of MC Publishing Ltd. Registered in England No.4440255. VAT No: 794 2553 00.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you do not agree to the terms you should leave the website immediately.
Disclaimer
This website and the content on it (“Content”) are provided on an “as is” basis. Neither we nor any third party provides any warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, timeliness, software viruses and delays.
Third party content may also appear on this website or may be accessible via links from it (“Third party Content”).
Your use of any information or materials on this website is entirely at your own risk. It shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements. We disclaim all liability and responsibility arising from any reliance placed on any materials on our site by any visitor to the site or by anyone who may be informed of any of its content.
MC Publishing may make improvements and/or changes to the features, functionality or Content on this web site at any time without notice.
MC Publishing shall not be liable for:
- a) any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions in this web site and the Content; (b) any Third Party Content; (c) the unavailability of this web site, the Content, or any part thereof; (d) your use of this web site or the Content; or (e) your use of any equipment or software in connection with this web site or the Content; and
- b) for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lawyers’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this web site or the Content or any Third Party Content.
Access to the website
Accessing our website is permitted on a temporary basis. We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable for any reason if the website remains unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website (including taking necessary steps to ensure you use up to date anti-virus software).
MC Publishing grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of MC Publishing. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MC Publishing and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising MC Publishing’s names or trademarks without the express written consent of MC Publishing. Any unauthorised use terminates the permission or license granted by MC Publishing.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page of MC Publishing as long as the link does not portray MC Publishing, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MC Publishing logo or other proprietary graphic or trademark as part of the link without our express written consent.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not MC Publishing, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- a) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- b) to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
- c) to cause annoyance, inconvenience or needless anxiety
Submission of Material to the website
“Material” shall include but is not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, advertising material and other material published on the website.
You agree that any Material submitted by you for publication on the website, including but not limited to any Material sent via chat services, feedback, bulletin boards or articles or any other Material submitted for publication on the website or in using any of the website services is done so on the following terms:
(i) you will not submit Material that is offensive, abusive, indecent, defamatory, obscene;
(ii) you will not submit any Material which infringes the intellectual property rights of any third party or in breach of any obligation of confidentiality by which you are bound – all Material must be owned by or created by you;
(iii) you grant to us a worldwide, royalty free licence to use the Material in perpetuity in any format and on any media;
(iv) we reserve the right not to publish the Material submitted and to make additions or deletions to the Material, prior to publication;
(v) we reserve the right to remove and/or delete the Material submitted by you without notice;
(vi) we reserve the right to cut and crop any photographs or graphical images submitted by you at our discretion and to alter any Material such that we can make it available on the website;
(vii) you acknowledge that you are solely responsible for the Material you submit and that we do not screen the Material prior to its publication on the website, and therefore any opinion submitted by you shall be accurate and/or genuinely held;
(viii) we reserve the right to share your identity with any third party who is claiming that any Material posted or uploaded by you to the website violates these User Terms;
(ix) we may identify you as the contributor of any Material, and you waive any moral rights you may have in respect of our use of the Material.
Buying goods and services via the website
The Website may offer you the opportunity to purchase goods and services from third parties.
In all such circumstances the legal contract for the goods and services provided will be made between you and that third party (the “Merchant”) and the Merchant’s terms and conditions shall apply to the sale and supply of the goods and services (the “Merchandise”)in addition to these User Terms. Accordingly, we cannot give any undertaking that the products you purchase from third party sellers through our Website will be of satisfactory quality and any such warranties are hereby disclaimed by us absolutely. However, this disclaimer by us, does not affect your statutory rights against that third party seller.
Third Party advertising, sites and links
The website may contain links to third party websites which are controlled and operated by parties other than MC Publishing. The links will let you leave the website and we are not responsible for any content of any linked site or any link contained in a linked site. The inclusion of any link on the website does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.
The website contains advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising.
You may link to our website home page, provided that you do so in a way that is fair and legal and does not (in our opinion) damage our reputation or take advantage of it, but you must not establish a link in such a way so as to suggest any form of association, approval or endorsement on our part where none explicitly exists.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than our home page. We reserve the right to withdraw linking permission without notice.
Competitions and Promotions
We may run competitions and promotions on the website from time to time. In addition to these User Terms, such competitions and promotions shall be subject to any additional Competition Terms and Conditions notified to you at the time.
Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. MC Publishing reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Privacy
Please look at our Privacy Policy, which also governs your visit to our website, to understand our practices.
Copyright
All content included on the website, such as text, graphics, logos, button icons, images, and software, is the property of MC Publishing or its content suppliers and is protected by English and international copyright, authors’ rights and database right laws. All software used on this website is the property of MC Publishing or our software suppliers and is protected by international copyright and authors’ rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without MC Publishing’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without MC Publishing’s express written consent.
Electronic communications
When you visit our website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Losses
MC Publishing will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website. MC Publishing does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the website. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Whole agreement
These Terms of Use form the entire agreement between you and MC Publishing unless we have a specific written agreement with you that expressly alters the terms of contract
Governing law and jurisdiction
These terms are governed by English law and users and visitors submit to the non-exclusive jurisdiction of the English courts.
Payments
Payment shall be made online unless there is a specific written agreement between MC Publishing and the user which governs payment in some other format
Persons placing adverts or uploading event listings or other information to our website shall pay through Paypal™. They will be sent an email automatically on receipt of confirmation from Paypal™ that the transaction has been completed successfully. Only if requested in writing to do so by you, MC Publishing Limited will send the user a VAT invoice containing details of the order. The contract between MC Publishing and the user is concluded when the user has received email confirmation of payment.
TERMS & CONDITIONS FOR PRINT ADVERTISING IN THE BRISTOL MAGAZINE
1) “Advertiser” shall include any advertising agent, agency, business or individual contracting to buy space and that commitment shall bind the advertiser as principal.“Publisher” shall mean MC Publishing Limited. These terms shall take precedence over any other contract issued by an advertising agency.
2) The Publisher’s rate card does not constitute an offer by the Publisher to contract. All orders for advertisements are subject to space availability. The exchange of this order form forms the entire contract between the Publisher and the Advertiser. The acceptance of advertisements for publication by the Publisher is upon the basis of these conditions and no amendment thereto shall bind the Publisher unless agreed in writing. The Publisher reserved the right to refuse, omit, alter, suspend or withdraw all advertisements which do not meet with its approval without incurring any liability towards the Advertiser.
3) The Advertiser shall advertise in each of the months referred to above and shall deliver copy by the Publisher’s copy dates. Contracts for series will bind the Advertiser to take the whole series. Copy must be supplied in conformity with the Publisher’s requirements which shall be notified by the Publisher from time to time. A charge will be made for any extra work involved in adapting of modifying non-conforming copy. If copy instructions are not received by the copy date, no guarantees can be given that corrections will be made and the Publisher reserves the right to repeat the most recent copy or to print only the name and address of the Advertiser.
4) Save where the position in the magazine is specified above and payment is made in advance the Publisher reserves the right to position advertisements in any position in the magazine.
5) The Advertiser warrants that any advertisement placed by it does not contravene the provisions of any law, act of Parliament, statutory instrument or order in council and is not defamatory, illegal libellous and does not infringe any copyright, design right or patent. The Advertiser indemnifies the Publisher against all actions, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Publisher or which may be incurred or become payable by the Publisher in respect of or arising out of any advertisement place by it.
6) The Publisher shall not be responsible for typographical or minor errors in advertisements which do not substantially affect the sense of the advertisement. In the case of series the Publisher does not accept responsibility for errors in copy of any nature and after the first insertion. In no respect whatsoever, shall the Publisher be responsible for the effectiveness for the Advertiser’s purpose of the advertisement. The Publisher accepts no responsibility for damage, to or loss of artwork.
7) No colour proofs can be provided. Where the Publisher has been instructed by the Advertiser to design or typeset and advertisement and the Advertiser requests a proof at the time of placing the order, or where the Publisher has to adapt or modify non conforming copy, the Publisher shall only be obliged to provide textual proofs by pdf via e-mail. In the event of an error in typesetting by the Publisher, the liability of the Publisher shall be limited to the production charge made to the Advertiser. If proofs are supplied, the Publisher has the right to charge the Advertiser for each reproof requested by the Advertiser. If adverts are booked after the copy deadlines, the Publisher shall supply proofs at its discretion.
8) The Publisher reserves the right to temporarily suspend a series in the event of late payment by the Advertiser until payment has been made, the Publisher to warn the Advertiser of this in writing. If any payment is 60 days or more overdue the Publisher may cancel a series by notice in writing to the Advertiser. Where a series discount has been given and the Publisher cancels the series the single insertion rate for each published advert shall immediately become due and payable. Where a discount has been given for payment in advance of publication and payment is not effected in advance, the full rate shall become immediately due and payable.
9) For advertising on our website, our website terms and conditions will also apply and these can be found on our website @ www.thebristolmag.co.uk.
10) Where credit has been notified in writing by the Publisher to the Advertiser before the date any advertisement is published, accounts are to be settled within 28 days of the invoice date. In any other case payment is due immediately upon receipt of invoice. Unless queries are raised in writing within 7 days of invoice, the invoice will deemed to have been accepted by the Advertiser. The Publisher reserves the right to charge interest on amounts outstanding after due date for payment at the rate of 2% per month.