WEBSITE TERMS AND CONDITIONS OF USE
- Who We Are
We are MI.Magazine.
- These Terms and Conditions of Use
These terms and conditions of use (together with the documents referred to in them) (the Terms) govern your relationship with us when you use our website located at https://mimagazine.es (the Site) and (if applicable) use any of the services offered via the Site (the Services).
Please refer carefully to these Terms before you start to use the Site and (if applicable) the Services. We recommend that you print a copy of these Terms for future reference. By using the Site and (if applicable) the Services, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
- Other Applicable Terms
- the terms on which we process any personal data we collect from you or that you provide to us; and
By using the Site and (if applicable) the Services, you consent to such processing and you warrant that all data provided by you is accurate.
- Changes to These Terms
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
- The Services
We provide various Services via the Site, including but not limited to Services which allow you to:
- purchase goods via the Site;
- enter competitions promoted by us via the Site;
- create a personal profile on the Site;
- submit articles and blog posts for potential publication on the Site; and
- access blogs and other content on a variety of topics, including beauty, health, fitness, entertainment, celebrity, food and culture.
The list above is not an exhaustive list of the Services offered via the Site and we may decide to offer additional Services, or cease to provide any Services, at any time.
- Becoming a Registered User
You are not obliged to register to the Site, but access to certain of the Services is only available to registered users.
To register, you will need to complete a simple registration process by providing certain information (including your name and email address) and choosing a password for use in connection with your access to the Services.
You agree that you will provide truthful and accurate information when registering on the Site. The decision to register a password is in our discretion and we may revoke your password at any time.
You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Site by you or any person or entity using your password, whether or not such access or use has been authorised by you.
You must immediately notify us of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.
You are responsible for ensuring that the information we hold is up to date. Please amend your details as appropriate from time to time or email email@example.com to notify us of any changes.
- Placing Orders for Purchases of Goods
- Terms Of Sale
All goods available via the Site are produced and shipped by third party suppliers (Suppliers). Each order you make via the Site will be deemed to be an offer by you to purchase the applicable goods subject to these Terms and any terms of the Supplier in question. An order will not be deemed to be accepted by a Supplier until we issue you with an email acknowledgement of your order.
- Pricing and Availability
It is always possible that, despite our best efforts, some of the goods listed on the Site may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and could have reasonably been recognised as an error by you.
Prices which appear on the Site are inclusive of VAT unless otherwise stated. We may change the prices for goods at any time by posting new prices on the Site, but changes will not affect orders which have already been dispatched to you.
All goods are subject to availability.
Unless otherwise stated on the Site we accept all cards and paypal cards for payment.
At the checkout page on the Site, you will be asked to complete certain payment information (including credit/debit card details) and your credit or debit card will be debited with the cost of the goods you have ordered plus any applicable delivery fees (together your Payment).
Once received by us, we will hold your Payment to your order until either (a) the Supplier has accepted your order, in which case we will release your Payment to the Supplier; or (b) your order is not accepted by the Supplier for any reason, in which case we will refund your Payment to you without deduction within seven (7) working days.
By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
- Shipping and Delivery
We want to ensure that your experience when shopping on the Site is as seamless and hassle-free as possible. We arrange for our Suppliers to ship your goods directly to you. We only use Suppliers who deliver worldwide, and our Suppliers work with international shipping partners to ensure the best service and fastest delivery.
Your shopping basket on the Site will display the goods you wish to purchase, the Supplier who will provide them and details of delivery costs and delivery times. The delivery costs for each Supplier may vary according to the delivery methods they offer, the delivery destination, and the type of goods you have ordered. All delivery times quoted on the Site are in working days. We will provide you with a tracking number via email to update you on the status of your shipment.
Although we do not handle delivery ourselves, we do manage the customer service for you. If you encounter any problems with delivery of your order, or want more information on shipping and delivery, please contact us at firstname.lastname@example.org.
- Returns Policy
Our Suppliers are skilled artisans who prepare each item with great care and we hope that you are pleased with your purchase and enjoy the handcrafted goods we offer. Please note that because the goods are handmade, minor irregularities may occur. These are an inherent part of the goods and should not be considered a defect.
If however you are not completely satisfied with your goods, the Supplier will be happy to refund or exchange your goods provided that those goods:
- are returned to the Supplier unused, undamaged, in their original packaging, and with their tags still attached;
- are returned within the timescale specified by the Supplier;
- are not final sale items;
- are not goods sealed by the Supplier for health or hygiene reasons, and which you have unsealed; and
- are not bespoke items, which cannot be returned as they have been created specially for you and to your specifications.
Please package your goods securely and return them to the address provided by the Supplier. We recommend that you used a registered or tracked postage service as the Supplier cannot refund or exchange goods that they do not receive.
Please email us at email@example.com to let us know when you have shipped your returned order.
You have the statutory right to return any goods within 14 days of receipt (see section 8 below). Some Suppliers may offer a longer period for returns under their own returns policy. Please check with the Supplier for details of their returns policy.
You are responsible for the costs of returning all goods unless the Supplier has agreed otherwise.
If you return goods within 14 days of receipt some Suppliers may be willing to refund all delivery charges you have paid in addition to the costs of the goods, but they are legally obliged to refund a sum equal to their standard delivery charges only.
The Suppliers have a legal obligation to supply goods that are as described, fit for purpose and of satisfactory quality. If any goods do not meet these standards please contact either the Supplier or us at firstname.lastname@example.org. You have a statutory right to a refund for all goods that are faulty for a period of 30 days from receipt, and further statutory rights following a 30 day period.
- Your Statutory Right to Cancel
In addition to the returns policy above, you have the statutory right cancel your order at any time within fourteen (14) days beginning on the day after you receive your goods (the Cooling-Off Period). Please note that this statutory right does not apply to bespoke or personalised goods.
To exercise your right to cancel your order, please contact us at email@example.com within the Cooling-Off Period giving details of the relevant goods and the date of receipt by you of the goods. If the goods have already been received by you, please place the goods securely in their original packaging and return them to the Supplier with your shipping note. You must pay for the cost of the return delivery unless agreed otherwise by the Supplier.
If you exercise your right to cancel your order, you will receive a full refund of all sums paid by you in respect of that order, although some Suppliers may not refund any delivery costs you have paid in excess of their standard delivery charge (and they are entitled to do so). The Supplier will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you give us notice of cancellation, or if you do not give us notice, within 14 days after the date on which the Supplier receives the returned goods.
Nothing in these Terms affects your statutory rights.
- Submitting Articles and Blog Posts
If you become a registered user of the Site, you may submit articles and blog posts (together Articles) using the upload interface provided.
Once submitted, Articles will be reviewed by our editorial team, who will decide in their absolute discretion whether the Articles are suitable for publication on the Site. The decision of the editorial team in this regard is final and binding and we regret that no correspondence can be entered into by them as to the suitability or otherwise of any Articles submitted by you.
- User Content
If you become a registered user of the Site, you may be able to upload text, comments and/or other materials (together with the Articles, the User Content) using the upload interface provided.
You are solely responsible for ensuring that you have all the necessary rights to all User Content uploaded to the Site by you, including without limitation all rights required to enable access to and use of your User Content by other users of the Site. You hereby grant to us a royalty-free, worldwide, irrevocable licence in perpetuity to host and store your User Content via the Site and to make available your User Content to other users of the Site.
You must not upload any User Content that (a) contains defamatory, threatening, abusive, pornographic, or otherwise objectionable material; (b) advocates bigotry, hatred, or illegal discrimination; or (c) violates any law, any intellectual property, publicity, privacy, or other right of others, or any licence or other agreement by which you are bound.
As between us and you, the User Content is and will remain owned and controlled solely by you and you acknowledge that you have sole responsibility for the User Content.
- Your Use of the Site
You are responsible for making all arrangements necessary to access the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.
You may use the Site and (if applicable) the Services only for lawful purposes. In particular, but without limitation, may not use the Site and (if applicable) the Services:
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to adversely affect the operation of the Site or any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of these Terms; and
- not to access without authority, interfere with, damage or disrupt (a) any part of the Site; (b) any equipment or network on which the Site is stored; (c) any software used in the provision of the Site; or (d) any equipment or network or software owned or used by any third party.
- Availability of the Site
The Site is provided on an “as is” basis without any warranties of any kind. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Site or that the Site will be secure, uninterrupted or free of defects.
Your access to the Site may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Site is unavailable at any time or for any period.
- Intellectual Property
You acknowledge that the Site and all material published on the Site including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, data and software (but excluding any User Content) (the MI Magazine Content) are owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any MI Magazine Content except as enabled and permitted by the Services from time to time.
You may print off one copy, and may download extracts, of any page(s) from the Site which you are authorised to access provided that such prints and downloads are for your personal and non-commercial use only.
- No Reliance on Information
All content on the 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 the Site. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
- Links to Other Sites
The Site may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
- Computer Viruses
We will use reasonable endeavours to ensure that no part of the Site will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers used to access the Site run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Site and regularly check for the presence of viruses and other malicious code.
- Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Except as expressly set out in these Terms, we make no representations, warranties or guarantees of any kind in respect of the Site or any goods or content available through the Site and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with (a) use of, or inability to use, the Site; or (b) use of or reliance on any content displayed on the Site.
We provide the Site for domestic and private use only. You agree not to use the 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.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the 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 any third party websites linked to on the Site and we will not be liable for any loss or damage that may arise from your use of them.
In relation to the supply of Services our liability for losses which you suffer is strictly limited to the purchase price paid by you for such Services, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order for Services is accepted by us.
Notwithstanding the foregoing, we will not be liable for:
- any losses that were not caused by any breach of these Terms on our part;
- any business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);
- any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Services;
- any losses which are the result of your use of or the provision of any aspect of the Services which are supplied by third party Suppliers; or
- any losses to the extent that they result from a breach by you of any of these Terms.
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site and/or Services without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Site and/or the Services is unsuitable in any way.
We welcome feedback about the Site. Please contact us at [insert email].
These Terms apply to all competitions promoted by us via the Site (Competitions). Each Competition also has its own specific terms and conditions such as the details of how to enter, what the opening/closing dates are and what sort of prize you may win (Specific Terms). The Specific Terms will be displayed on the relevant pages of the Site. To the extent that the Specific Terms conflict with these Terms, the Specific Terms will take precedence.
By entering any Competition you agree that you are legally bound by these Terms and any applicable Specific Terms.
Identity of the Promoter of the Competition
Unless the Specific Terms state otherwise, the promoter of each Competition is Mi.Magazine. If the promoter is a third party the terms “we” and “us” in this ‘Competitions’ section of these Terms shall refer to both Mi.Magazine and the third party promoter.
Competition Eligibility Rules
Where entrants are required to sign a release or other document before participating in a Competition and the entrant is under the age of 18 years, such document must be signed by that person’s parent or legal guardian before participation in the Competition.
Any minimum or maximum age requirements will be stated in the Specific Terms for the relevant Competition.
Certain Competitions may have additional eligibility requirements, which will be stated in the Specific Terms covering the relevant Competition.
It will be our decision, in our sole discretion, as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
Employees of Mi.Magazine and their immediate families may not enter any Competition. The employees of third party prize providers and their immediate families may not enter any Competitions in which they are involved.
Entry and Entry Methods
By post, email or web form: To be valid, entries must be received after the opening time and before the closing time. Entries that are submitted before the opening time and after the closing time will not be entered in the Competition.
Deficient entries: In all Competitions, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful or which we consider in our sole discretion to be otherwise harmful to the goodwill and reputation of our brand or the brand of any third party Competition promoter running the Competition. We accept no responsibility for any late, lost or misdirected entries including but not limited to postal items or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
Names: Entrants must enter Competitions using their legal names. We reserve the right to disqualify any entrant who uses their non-legal name and to require them to return any prize they may have won.
Multiple Entries: Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
Retrospective Effect: Where an entrant or prize winner has been found to be in breach of any of these Terms and/or the Special Terms, and in particular where a person is in breach of the entry restrictions set out above, we may enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.
No Payment: No fees will be payable to any entrant in relation to their entry in any Competition.
We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered.
Where entrants or prize winners are required by us to sign a release or other document before redeeming a prize and the prize winner is under the age of 18 years, such document must be signed by that person’s parent or legal guardian prior to the prize being awarded.
All prize winners will be notified that they have won a prize within [thirty (30)] days of the closing date of the Competition by telephone, in writing, or via the method specified in the Specific Terms.
A list of prize winners for any Competition is available by sending a request with a stamped addressed envelope, marked with the name of the Competition, to the address above after the relevant closing date.
We reserve the right to request proof of a prize winner’s identity, age and address. In the event that a prize winner cannot provide us with proof of identity and age reasonably acceptable to us, we may withdraw the prize and select another prize winner.
We reserve the right to disqualify entrants from entering our Competitions or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
All prizes are non-transferable and non-exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified in the relevant Specific Terms. If a prize winner does not take any element of a prize at the time stipulated by us (or, if applicable, by any third party prize provider) then that element of the prize will be forfeited by the prize winner. No cash will be awarded in lieu of that prize or part of it.
We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we are not liable to you in relation to any prize, its fitness for purpose, merchantability or otherwise.
All stated prize values are at the prize supplier’s recommended retail price in pounds sterling and are correct at the time of posting to the Site. We take no responsibility for any fluctuations in prize values.
No additional, further or other costs or expenses are included in any prize, unless stated in the Specific Terms. For example, the costs of transport to and from a venue or an event are not included, and any accommodation prize includes the basic room charge only.
Prizes supplied by third parties are always subject to availability. Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these.
Because of their complexity, we have certain special terms that apply to holiday prizes. These terms are set out in this section. Where holiday prizes include a place for a travelling companion (i.e. a holiday for the prize winner plus guest) then these terms also apply to those persons.
Holiday prizes are not available to persons under the age of 18 without written consent from a parent or legal guardian and unless accompanied by a parent or legal guardian.
It will be each prize winner’s or (if applicable) their travelling companion’s responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance) which may be required or prudent to be taken out. All insurance, spending money and other expenses are, unless otherwise stated in the Specific Terms, costs to be borne by the prize winner and (if applicable) their travelling companion and are not provided as part of any holiday prize. Unless stated otherwise in the Specific Terms, holiday prizes consist of flights and accommodation only.
Holiday prizes do not include airport departure or government taxes. These must be paid by the prize winner and/or any travelling companion.
The prize winner and any travelling companion must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six (6) months following the proposed dates of travel. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in-country authorities may reserve the right to refuse entry to prize winners and/or their travelling companion. We are not responsible for ensuring your ability to travel to your holiday destination nor for any additional costs incurred should you be refused entry.
It is the responsibility of the prize winner and (if applicable) any travelling companion to check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination. We are not responsible for any loss or damage suffered by any prize winner and (if applicable) their travelling companion arising out of their failure to follow any travel advisories issued by the Government.
The prize winner and (if applicable) their travelling companion must comply with and are responsible for obtaining any inoculation and complying with any health regulations required by any holiday prize destination country.
We are not liable or responsible for any loss or damage suffered by any prize winner or (if applicable) their travelling companion if any prize winner or (if applicable) their travelling companion does not redeem a holiday prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries. In particular, we have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prize winner and/or (if applicable) their travelling companion fails to redeem a holiday prize for any reason.
Prize winners and any travelling companions must comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, prize winners and any travelling companions must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
Where a holiday prize destination is in the United States of America, the prize winner and any travelling companion will be required to apply for an Electronic System for Travel Authorisation (ESTA). Applications must be submitted no later than three (3) days prior to the departure date. If this form is not lodged by both parties and within this time, they will be ineligible to enter the United States of America and will therefore forfeit their holiday prize.
All holiday prizes must be taken within six (6) months of the closing date of the relevant Competition, or within the time limit specified in the Specific Terms if different, or the prize will lapse.
Where the prize for any Competition involves the prize winner’s attendance at (or tickets to) an event, the prize winner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the prize winner (and/or any accompanying guests) cannot attend the relevant event, are under no obligation to provide any cash or alternative tickets.
Entrants proposing to participate in any Competition, or redeem any prize, which involves performing stunts or physical challenges must notify us of any medical condition and we may in our absolute discretion require that entrant, as a condition of entering the Competition or receiving the prize:
· to submit to a medical examination by a medical practitioner approved by us and to obtain medical clearance to participate in the Competition and/or redeem the prize; and/or
· to execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Competition and/or redeem the prize.
Where prizes comprise or include “meet and greet” elements with celebrities, the prize may be subject to the availability of the celebrity in question and/or to rules imposed by the celebrity and we are not liable for any inability or failure of any prize winner to attend any “meet and greet” session that has been arranged and offered on any date, nor will we offer any alternative prize or cash alternative or compensation for any such failure.
All prizes must be claimed within twenty four (24) hours of our notification of winning or as otherwise stated in any Specific Terms. We reserve the right to award prizes unclaimed after this period to alternative prize winners or not to award them at all.
If you do not provide us with correct and accurate up-to-date contact details, we will be unable to contact you and you may as a result forfeit your prize.
Publicity and Personal Information
If an entrant is required to submit a third party’s personal information as a part of entry into or participation in any Competition, each entrant must ensure that any other person whose details have been provided by the entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competition.
It is a condition of entry to our Competitions that we have the right to communicate to the public the first names and counties of prize winners.
Prize winners also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Competition and for awarding the relevant prizes.
Photographs and Videos
If any Competition requires entrants to submit photographs and/or video clips as a part of entry into or participation in such Competition (collectively, Photographs), entrants hereby:
· warrant that they are the person in the Photographs or have prior approval from the person in the Photographs so that the Photographs may be submitted as part of their entry;
· agree that we have the right to publish and communicate to the public the Photographs in any media (including but not limited to online) at all times without restriction or limitation throughout the world;
· acknowledge that we may edit the Photographs in our sole discretion;
· agree that we have the right to use entrants’ first names, likenesses, county and age in conjunction with the Photographs;
· agree not to bring against us any actions, suits, claims and demands us any respect of defamation or any infringement or violation of any personal and/or property rights of any sort arising from our use of the Photographs;
· unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs; and
· agree that, if they are aged under 18, they have obtained the consent of a parent or a guardian (and will provide us with the contact details we need if we wish to verify this).
Where any prize is awarded via a prize draw, prize winners will be chosen at random from all qualifying entries within twenty four (24) hours of the Competition closing date, unless specified otherwise in the Specific Terms.
If we become aware that the same person has been selected as a prize winner more than once, that person will win once only and we will draw another name.
By entering our Competitions all entrants:
· assign to us all rights (including present and future copyright) in their entry in all media (including, without limitation, the internet) and whether in existence now or created in the future;
· agree not to assert any moral rights in respect of their entry (wherever and whenever such rights are recognised) against us, our assigns, licensees and successors in title;
· undertake to us that their entry is not in breach of any third party intellectual property rights and does not contain anything which is defamatory, indecent, harassing or threatening, and hereby indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants’ warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same; and
· confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
For the avoidance of doubt, all rights in the name and title of each Competition and the format of the Competition are our sole property and we may exploit the same in our absolute discretion.
Tampering and other Matters
If for any reason any Competition is not capable of running as planned for any reason (including but not limited to as a result of any technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition), we reserve the right to cancel, terminate, modify or suspend the Competition and/or any prize draw(s) or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes the problem.
Termination of Competitions
We may vary the terms of, or terminate, a Competition at any time at our absolute discretion without liability to any entrant or other person. We will not award any prize if the Competition is terminated.
All our decisions relating to any Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
Competitions in which winners are judged on merit, tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
Where a Competition involves voting, the accuracy of the pooled results received and published by us will be final and binding and no correspondence will be entered into.
Failure to Enforce Terms
A failure by us to enforce any one of these Terms in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
Exclusion of Liability
To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph shall also apply in respect of any prize provided by a third party provider.
No variation of these Terms will be effective or bind us unless made in writing and signed by us or on our behalf.
If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
No provision of these Terms will be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms.
These Terms are governed by English law and the courts of England and Wales will have non-exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Site and (if applicable) the Services.