Please read this carefully. By accessing this website you are
agreeing to the terms and conditions that appear below. If you
have any comments or questions, please contact us at Customer
Services, Original Consumer Publishing, 17 Wilton Road, Salisbury,
Wilts. SP2 7ED.
1. Introduction
In making use of the Website you agree to abide by any and all
of the following terms and conditions governing use of the Website
("Acceptable Use Policy"). No charge is made by OCP
for your use of the Website, though you should be aware that
local telephone call charges at rates as publicised by your
telephone operator may apply.
2. Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes
of conduct and ensure that any content uploaded or distributed
or stored by you does not infringe the rights of others.
All material on the Website and any material sent to you by
e-mail or any other form ("the content") belongs to
us or our licensors. You may retrieve and display content from
the Website on a computer screen, print individual pages on
paper, photocopy and store such pages in electronic form on
disk (but not on any server or other storage device connected
to the network) for your personal, non-commercial use.
We own the copyright and all other intellectual property rights
associated with the content, save where otherwise stated.
Except as specifically stated in these terms, you may not do
any of the following without prior written permission from us:
• reproduce, modify or in any way commercially exploit
any of the content;
• redistribute any of the content (including by using
it as part of any library, archive or similar service);
• remove the copyright or trade mark notice(s) from any
copies of content made in accordance with these terms;
• create a database in electronic or structured manual
form by systematically downloading and storing all and any of
the content. Requests to republish, redistribute or syndicate
content should be addressed to Canvas Magazine Syndication at
syndication@canvasmag.co.uk
You acknowledge that Canvas Mag is a trade mark and that you
may not use it without the written permission of OCP, acting
either as owner of the trade mark or as agent on behalf of Bread Factory
Ltd
You agree not to:
• Impersonate another person or use a false name or a
name you are unauthorised to use or create a false identity
or e-mail address or try to mislead others as to the identity
or origin of any communications;
• Modify, access or make available data stored on a computer
device which you have accessed through our network, when either
the owner of the data, computer or device has taken steps to
prevent you from doing this or the owner has expressed a wish
that you do not do this;
• Make available or upload files that contain software
or other material, data or information not owned or licensed
to you or collect information about others (eg names/addresses)
without their prior consent;
• Damage, interfere with or disrupt access to the Website
or do anything which may interrupt or impair their functionality;
• Save as authorised in these terms, make any commercial
or business use of the Website or resell or commercially benefit
from any part or aspect of the Website;
• Publish, post, distribute, disseminate or otherwise
transmit defamatory, offensive, infringing, obscene, indecent
or other unlawful or objectionable material or information;
• Threaten, harass, stalk, abuse, disrupt or otherwise
violate the rights (including rights of privacy and publicity)
of others;
• Make available, upload or distribute by any means any
material or files that contain any viruses, bugs, corrupt data,
"trojan horses", "worms" or any other harmful
software;
• Falsify the true ownership of software or other material
or information contained in files made available via the Website;
• Obtain or attempt to obtain unauthorised access, through
whatever means, to the Website, other services or computer systems
or areas of our or any of our partners' networks which are identified
as restricted;
• Set up links to the Internet edition except to the home
page of the Canvas Magazine website (www.canvasmag.co.uk) without
express written permission from the Web Master.
We retain the absolute right to prevent you accessing the Website,
without prejudice to any of our accrued rights, where we in
our sole discretion consider that you are contravening our Acceptable
Use Policy or any other aspect of these terms.
3. Registration
Where the Website requires that you register in order to use
it, you are obliged to provide accurate and complete registration
information. It is your responsibility to update and maintain
any changes to that information (including your e-mail address)
by altering your details as appropriate.
Registration is for a single user only. On registration, you
should choose a user name and password. We do not allow any
of the following:
• any other person sharing your user name and password;
• access through a single user name and password being
made available to multiple users on a network.
When you register to use the Website, you will be obliged to
click on an icon indicating that you have read, understood and
accepted these terms and conditions. You will not be allowed
to register unless you indicate your acceptance of these terms
and any other terms and conditions that may apply.
4. E-mail Policy
We will not respond unless required to do so by law to any electronic
mail ("e-mail") which contains threatening, abusive,
malicious, pornographic, obscene, defamatory or otherwise illegal
or inappropriate material. We reserve the right to take such
action as we in our sole discretion deem fit in respect of such
material.
Unless you indicate to the contrary all e-mails received will
be taken to be submitted, where appropriate, for publication,
free of charge. If we decide to publish an e-mail from you on
the Website we will incur no liability to you by doing so, unless
you clearly state that the material contained in your e-mail
has been submitted for the purposes of negotiating a fee for
the publication of that material. In that event you must include
your name, address and, if applicable, a contact telephone number,
in your e-mail.
We will not disclose any personal information under any circumstances
of any OCP and/or any of their associate companies' staff. Where
appropriate we will endeavour to respond to e-mails with 3 days
of receipt, but we cannot and do not guarantee to respond to
e-mails. E-mails will generally be stored for 12 months after
which time they will automatically be deleted. An e-mail sent
to the incorrect destination is liable to be deleted immediately
and if you are unsure of the correct destination for your e-mail
please contact enquiries@canvasmag.co.uk.
5. Liabilities
You agree that we have no control over third party content and
information which can be accessed using the Website and that
we do not examine or edit the use to which you or others put
the Website or the nature of the content or information being
accessed and that we are excluded from all liability of any
kind arising from such content or information. You agree that
except for death or personal injury arising through our negligence,
we shall not be liable whatsoever for any loss or damage arising
from use of the Website. You furthermore agree to indemnify
us in the manner set out below in these terms in relation to
your use in any way of the Website.
We reserve the right to remove any information/material we deem
to be in breach of any of these terms without notice, and without
prejudice to any other accrued rights, and/or to make available
such information/material when required to do so by law or when
requested to do so by regulatory bodies or law enforcement organisations.
We take all such steps as are reasonably necessary to provide
a fast and reliable service, but exclude to the fullest extent
permitted by law any liability for the security of the services
on the Website or for any disruption of the Website however
caused, loss of or corruption of any material in transit, or
loss of or corruption of material when downloaded onto any computer
systems.
Save unless otherwise stated, we make no warranty whatsoever
as to any goods or services purchased or obtained or offered
to you through use of the Website, whether accessed directly
or otherwise.
We provide the Website on an "as is" basis and make
no representations or warranties of any kind as to the Website
or the content. We make no representations or warranties about
the accuracy, completeness or suitability for any purpose of
the content published on the Website. Any liability, however
it occurs, for any such inaccuracies or errors is expressly
excluded to the fullest extent permitted by law.
6. Indemnity
You agree to indemnify and hold us and any of our officers,
employees and agents harmless from and against all and any expenses,
losses, liabilities, damages, costs or expenses of any character
incurred or suffered and any claims or legal proceedings which
are brought or threatened, in each case arising from your use
of, or conduct on, the Website and/or a breach of the Acceptable
Use Policy and/or any of these terms.
7. Software and Security
We are not responsible for any technical or other issues that
may arise if you download software from external third party
website (eg Acrobat Reader) or upgrade your browser software
to enhance your usage of the Website.
8. Changes to these Terms and Conditions
We reserve the right to make changes to any part of the Website.
Due to our policy of updating and improving the Website, it
may therefore be necessary to change these terms.
In the event that we change the terms, we will notify you by
providing a clear link within the relevant Website to the detailed
changes. If you use the Website after we have published or notified
you of the changes, you will be agreeing to be bound by those
changes. If you do not agree to be bound by them, you should
not use the Website.
9. Advertising and Sponsorship
The Website may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Website complies with applicable laws,
codes and regulations. We exclude to the fullest extent permitted
by law any responsibility for any error or inaccuracy appearing
in any advertising or sponsorship material. Please refer to
our privacy policy for the use of cookies in relation to targeting
potential advertisers.
10. Competitions and Prize Draws
We may from time to time run competitions, free prize draws
and/or other promotions on the Website. These will be subject
to additional terms and conditions that will be made known to
you at the relevant time.
11. Termination
We may terminate the provision of the Website or restrict your
access to them without any prior notice to you where (by way
of example and without limitation): (1) there is a regulatory
or statutory change limiting our ability to provide the Website;
(2) any event beyond our reasonable control prevents us from
continuing to provide the Website (for example, without limitation,
technical difficulties, capacity problems and communications
failures); or (3) we consider in our sole discretion that you
are abusing the services provided by the Website or are otherwise
acting in breach of these terms.
As this is a shared service with other users, you agree that
if the demand for the services provided by the Website is in
excess of our ability to meet the capacity, we may either share
the capacity among all users or we may give you notice by e-mail
that the provision of the Website will terminate. Any such termination
will not affect your accrued liabilities incurred prior to any
such termination.
12. Additional Services
From time to time we may provide games or other content for
your downloading. However, the download time may vary considerably
between the types of content and you agree that you are wholly
liable and responsible for any telephone call and/or other charges
incurred in downloading the same. However, we will use our best
endeavours to notify you of the size/amount of the file/data
and the likely download time for your information.
13. E-commerce
Your dealings with any third parties, in particular advertisers
and/or merchants, through the services provided by the Website
and any terms, conditions, warranties or representations with
such third parties are solely between you and such third party.
You agree that we are not liable for such dealings, and you
agree to indemnify us in the manner referred to above in these
terms in relation to such dealings.
14. Choice of law and Jurisdiction
These terms shall be governed by and interpreted in accordance
with English law and you irrevocably agree that the courts of
England and Wales shall (subject to the paragraph below) have
exclusive jurisdiction to settle any dispute which may arise
out of, under, or in connection with these terms.
For our exclusive benefit, we shall retain the right to bring
proceedings as to the substance of the matter in the courts
of your country of residence or, where these terms are entered
into in the course of your trade or profession, the country
of your principal place of business.
15. General
You may not assign, sub-license or otherwise transfer any of
your rights under these terms. If any part of these terms and
conditions is found to be invalid by any court having competent
jurisdiction the validity of the remaining terms will be unaffected.
If either party does not exercise any right or remedy under
these terms, this will not be taken to mean that they have been
waived.
16. Contact
If you have any queries concerning any part of these terms and
the privacy and e-mail policies contained in them, please contact
us at enquiries@canvasmag.co.uk.
17. Data Protection
OCP and Canvas Magazine will only use any personal data collected
during your use of this website in accordance with current UK
data protection legislation. Please look at our Privacy Policy
to find out what we propose to do with your data and your options.