The British Society of Magazine Editors
Website Terms and Conditions
1 GENERAL
1.1 Welcome to our website, www.bsme.com (the “Website”). The Website is provided by The British Society of Magazine Editors. Our offices are at 137 Hale Lane, Edgware, Middlesex, HA8 9QP. Our VAT number is 673001370.
2 USE OF THIS WEBSITE
2.1 These terms and conditions (“Terms and Conditions”) together with the Privacy Policy set out how You may use our Website. By accessing the Website, You agree to these Terms and Conditions.
2.2 If You do not agree to these Terms and Conditions, You should not use the Website. You should read all the Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for future reference.
3 VARIATIONS
3.1 We may from time to time vary these Terms and Conditions. Please check these Terms and Conditions regularly to ensure You are aware of any variations made by us. If You continue to use this Website, You are deemed to have accepted such variations. If You do not agree to such variations, You should not use this Website.
4 ACCESSING OUR WEBSITE
4.1 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through Your internet connection are aware of these Terms and Conditions.
5 RELIANCE ON INFORMATION POSTED
5.1 Materials posted on our Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information.
6 INTELLECTUAL PROPERTY
6.1 You may access, view and print out one copy of this Website and all information, images, and other content displayed on the Website including the Newsletter, ("Materials") on a single device strictly in accordance with these Terms and Conditions.
6.2 You may only view, print out and use the Website and the Materials for Your own personal, non-commercial use. We expressly reserve all intellectual property rights in and to the Website and the Materials and Your use of the Website and Materials is subject to the following restrictions. You must not:
(a) remove any copyright or other proprietary notices contained in the Materials;
(b) use any Materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; or
(c) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials in any way including for any commercial purpose, without our prior written consent.
7 TRADE MARKS
7.1 We expressly reserve all rights to the domain name www.bsme.com and logos, trading names and trade marks. Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
8 LINKING TO OUR WEBSITE
8.1 You may link to our home page (as opposed to any other pages of the Website), provided You do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
9 THIRD PARTY SITES AND CONTENT
9.1 Our Website and/or the Materials and Content may contain links to third party websites. If You decide to visit any third party site, You do so at Your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are or our Website is affiliated to or associated with such sites.
9.2 Your browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.
9.3 The BSME Newsletter may contain news stories sourced from third party Websites. News stories sourced from a third party site will be clearly marked and a link to the source website will be provided. BSME accepts no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Newsletter, or any use of personal data by such a third party. The inclusion of any link on the Newsletter does not imply endorsement by BSME of the linked site. If you decide to access linked third party websites, you do so at your own risk.
10 REGISTRATION TO MEMBERS ONLY AREA
10.1 We may in the future add a Members' Area. Access to the Members Area will be controlled by username and password. Members will be able to access the Members' Area of the site on the basis that:
(a) Username and password are personal to individual Members and shall not be used by anyone else to access the BSME Members' Area;
(b) Members provide true, accurate, current and complete information about themselves as requested by BSME in the registration form;
(c) Members do not do anything that would assist anyone who is not a Member to gain access to the BSME Members' Area or any documents contained therein;
(d) Members do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do they seek to pass themselves off as another user;
(e) Members have read and understood the Website Terms of Use and the Privacy Policy.
10.2 BSME reserves the right to cancel Membership to the site and/or refuse access to the secure pages. BSME shall not be liable for any loss or damages whatsoever arising from a Member’s inability to access any pages on the site.
11 INFORMATION ON THE WEBSITE
11.1 Views and opinions expressed in content submitted by Users are those of the individual submitting the material, not those of BSME and BSME accept no responsibility for the content of such posts.
11.2 We do not control the information provided by other Users which is made available through the Website and content is not pre-moderated by us. If you find any content on the Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us [either by clicking on the ‘Report Abuse button] or by emailing us at admin@bsme.com using the subject heading “Offensive Content”.]
11.3 On receipt of your complaint we will aim to deal with your complaint as soon as we are able and we may remove or block access to the content complained of and will investigate whether the content breaches our Content Standards policy.
12 YOUR CONTENT
12.1 You agree to use the Forum [and Blog] section[s] of the Website in accordance with the following rules. All content submitted by you, including, but not limited to, your name, biographical information and all other names, likenesses, graphics, logos, marks, text, images, photographs, and all other information and material shall be called "Your Content" for short.
12.2 You grant BSME a non-exclusive, perpetual, transferable, royalty-free license to use (including, without limit, the right to adapt, alter, amend or change Your content) Your Content in any media throughout the world, and you warrant to BSME that any material you submit is your own work and that you own the copyright and all relevant rights.
12.3 You hereby unconditionally and irrevocably waive and agree not to assert any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with our exploitation of the rights in Your Content granted hereunder, to the maximum extent permissible by law.
12.4 Publication of any material you submit will be at the sole discretion of BSME and BSME is entitled to make additions or deletions to any such material prior to publication, after publication or to refuse publication.
12.5 You undertake to us that Your Content or its use in accordance with these Terms and Conditions shall not:
(a) infringe copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;
(b) contain any personal information relating to any persons under 18 unless you are either their parent or legal guardian or have obtained the signature and authority of a parent or legal guardian of any such person permitting you to submit such person’s name or other content related to such person;
(c) contain any content that does not meet our Content Standards (see below);
(d) contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs or material; or
(e) violate any applicable law, statute, ordinance, rule or regulation.
12.6 If Your Content contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of Your Content, all releases, consents and/or licenses necessary to permit use and exploitation of Your Content by us in accordance with these Terms and Conditions without additional compensation.
12.7 Whenever you submit Your Content to the Website, you must comply with our Content Standards. If you do not comply with our Content Standards, we reserve the right to suspend you from using the Website [and/or accessing the Members’ Areas] without notice.
13 CONTENT STANDARDS
13.1 Your Content must:
(a) be accurate where it states facts;
(b) be genuinely held where it states opinions; and
(c) comply with applicable law in any country in which it is posted.
13.2 Your Content must not:
(a) contain any material which is defamatory of any other person;
(b) contain any material which is obscene or offensive;
(c) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(d) infringe any copyright, database right or trade mark of any other person;
(e) Contain misleading or deceptive statements or omissions or misrepresent your identity or affiliation with any person;
(f) be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
(g) be likely to harass, upset, embarrass, alarm or annoy any other person;
(h) be likely to disrupt our service in any way;
(i) give the impression that they emanate from us where this is not the case; and
(j) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
14 USE OF YOUR CONTENT
14.1 Whilst we don’t pre-moderate material submitted to the Website before it is posted, we reserve the right to monitor any information transmitted or received through our Website. We reserve the right to reject, block, suspend or remove Your Content at any time and in our sole discretion. We in no way guarantee that Your Content or any part of it will be displayed on the Website.
15 INDEMNITY
15.1 You agree to compensate us and our respective officers, members, employees, and applicable third parties in full from and against all third party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from Your Content and/or any breach by you of any term of these Terms and Conditions.
16 OUR LIABILITY
16.1 To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect.
16.2 We do not accept liability for any failure to maintain the Website and/or late or failed delivery of any Materials.
16.3 We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.
16.4 The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials.
16.5 We shall not be liable for any loss caused as a result of your actions or inactions based on the Materials available on this Website. However, nothing in these Terms and Conditions shall affect Your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:
(a) death or personal injury arising through negligence;
(b) fraudulent misrepresentation; and/or
(c) anything else that cannot be excluded or limited by us under English law.
17 PRIVACY AND YOUR PERSONAL DATA
17.1 The privacy of your personal data is important to us. Please see our Privacy Policy for details of how we will process your personal data.
18 LEGAL COMPLIANCE AND APPLICABLE LAW
18.1 The English Courts will have exclusive jurisdiction over any claim arising from or related to a visit to this Website. English Law will apply to these terms and conditions.
19 CONTACT US
19.1 If You have any concerns or queries about material which appears on our Website please email admin@bsme.com.
19.2 Our postal address for correspondence is [insert postal address].