Meanings and definitions used in this
Agreement:
Agreement - means this agreement for users of the Sites;
Discussion Forums - means the chat areas, bulletin-boards or forum facilities
provided on the Sites;
Hearst
Magazines – means Hearst Magazines UK, the trading name of The National
Magazine Company Ltd (Registered in England number 112955) whose registered
offices are at 72 Broadwick Street, London, W1F 9EP and any of its subsidiary
or joint venture companies including but not limited to: Natmag-Rodale Ltd,
(Registered in England 00519122) and Handbag.com Ltd (Registered in England
03819979)
Service - means the service(s) provided by the Site.
Site(s) - means the web site(s) owned and operated by Hearst Magazines.
1. Introduction to Agreement
1.1. This Site is owned and operated by Hearst Magazines
1.2. This Agreement governs the use of the Site and Service produced by Hearst
Magazines, including participation in the Discussion Forums.
1.3. The Service is designed to provide a forum, enjoyable for all, for the
exchange of opinions, comments and information and, therefore, Hearst Magazines
requires its users to abide by the rules of this Agreement. Your use of the
Service will constitute your agreement to comply with these rules.
1.4. If you do not agree with the rules contained in this Agreement, you should
not use the Service.
1.5. Hearst Magazines may modify this Agreement from time to time and notice of
revisions to this Agreement will be posted here. Continued use of the Service
by you will constitute your acceptance of any changes or revisions to the
Agreement, so it's wise to check this page regularly.
1.6. We may terminate your access to the Service, without notice, in addition
to our other remedies if you fail to follow this Agreement and the Service's
rules.
Please see our Privacy Policy, which is incorporated into these Terms of Use by
reference.
2. Use of the Service by You
2.1. Hearst Magazines or its licensors owns all material on this Site. You may
retrieve and display content from this Site on a computer screen, print
individual pages on paper (but not photocopy them) and store such pages in
electronic form on disk (but not on any server or other storage device
connected to a network) for your own personal, non-commercial use. You may not
in any way make commercial or other unauthorised use, by publication,
re-transmission, distribution, performance, caching or otherwise, of material
obtained through the Service.
2.2. You acknowledge that all magazine brands are trademarks and that you may
not use them without prior written permission from Hearst Magazines.
2.3. You may not authorise others to use the Service, and you are responsible
for all of your own use of the Service. You agree not to use any obscene,
indecent or offensive language, or to place on the Service any material that is
false, defamatory, abusive, harassing or hateful. Further, you may not place on
the Service any material that is encrypted, constitutes junk mail or
unauthorised advertising, invades anyone's privacy, encourages conduct that
would constitute a criminal offence or give rise to civil liability, or that
otherwise violates any local, state, national or international law or
regulation. You agree to use the Service only for lawful purposes and you
acknowledge that your failure to do so may subject you to civil and criminal
liability.
2.4.You
are responsible for all activities under your password or account, and you will
keep your password confidential. You will immediately notify us of any
unauthorised use of your password or account or any other breach of security.
You will not disrupt the functioning of the Site, solicit or use another user’s
password or otherwise act in a way that interferes with other users’ use of the
Site.
2.5. Other than connecting to Hearst Magazine's
servers by HTTP requests using a Web browser, you may not attempt to gain
access to Hearst Magazine's servers by any means, including, without
limitation, by using administrator passwords or by masquerading as an
administrator while using the Service or otherwise.
2.6. You are responsible for ensuring that any material you provide to the
Service or post in a Discussion Area, including but not limited to text,
photographs and sound, does not violate the copyright, trademark, trade secret
or any other personal or proprietary rights of any third party.
2.7. You agree not to disrupt, modify or interfere with the Service or its
associated software, hardware and servers in any way, and you agree not to
impede or interfere with others' use of the Service. You further agree not to
alter or tamper with any information or materials on, or associated with, the
Service.
2.8. You acknowledge that Hearst Magazines has not reviewed and does not
endorse the content of all sites linked to from this Service and is not
responsible for the content or actions of any other sites linked to from this
Service. Linking to any other service or site from this Service is at your sole
risk.
Use of the Discussion Forums By You
2.9. These Discussion Forum rules have been put in place to help ensure that
the Discussion Forum is a welcoming and useful resource for everyone that
participates. These rules outline what is deemed unacceptable behaviour and it
is important to read them carefully.
Do not post libellous or defamatory comments
Do not post anything relating to any ongoing or pending trial
Do not post content which you have copied from someone else (i.e. you do not
own the copyright)
Do not use profanities
Do not post a personal insult about another user
Do not advertise or solicit
Do not impersonate another user
2.9 We cannot and do not review every post before
it appears on the site. Hearst Magazines operates a 'notice and take-down'
policy which means if Hearst Magazines notices or is made aware of a post that
contravenes these rules, Hearst Magazines reserves the right to amend or remove
the post.
2.11. Hearst Magazines encourages you to contact us if you feel a post violates
these rules. Please click the "Report" icon/link to let us know.
2.12. You are responsible for the content of your posts and Hearst Magazines
does not accept any liability for the content or accuracy of your messages.
Hearst Magazines reserves the right to republish any material you submit.
2.13. Users of the Site may submit material for publication in the Discussion
Forums. Hearst Magazines accepts no liability in respect of any material
submitted by users and published by Hearst Magazines and Hearst Magazines is
not responsible for its content or accuracy.
2.14. If you want to submit material to the Discussion Forums you may do so on
the following terms and conditions:
2.15. Publication of any material you submit will be at the sole discretion of
Hearst Magazines and Hearst Magazines is entitled to make additions or
deletions to any such material prior to publication, after publication or to
refuse publication.
2.16. You grant Hearst Magazines a non-exclusive, perpetual, royalty-free
license to republish any material you submit in any format, and you warrant to
Hearst Magazines that any material you submit is your own work and that you own
the copyright and all relevant rights.
2.17. You warrant that the material you submit is not obscene, offensive,
harassing, defamatory or otherwise illegal.
2.18. You agree not to post material that is deliberately intended to upset
other users.
2.19. You acknowledge that any breach of these warranties may cause Hearst
Magazines damage or loss and agree to indemnify and hold harmless Hearst
Magazines in full and permanently against any third party liabilities, claims,
costs, loss or damage incurred by Hearst Magazines as a result of publishing
any material you submit to us, including consequential loss.
2.20.Should
Hearst Magazines become aware of any activity that would be contrary to the
Terms or determine in their sole discretion to be unacceptable, then Hearst
Magazines reserves the right to take action including temporary or permanent
removal of content, filtering of internet transmissions and/or to exclude the
User with immediate effect and, where necessary, to forward any incriminating
material in its possession to the UK police or other relevant authorities.
2.21.You
accept that Hearst Magazines may keep a record of your IP and/or host address
for reference purposes only (in order to keep a track on the amount of visitors
per day). In the event of any breach of these Terms, Hearst Magazines may view
and add your IP and/or host address to an 'excluded database' to prevent you
gaining further access to the website service. These addresses are not
distributed or given out to any third party services.
3. Information and Availability
While Hearst Magazines takes every care to ensure that the information on these
Sites is accurate and complete, some of it is supplied to Hearst Magazines by
third parties and Hearst Magazines is unable to check its accuracy or
completeness. You are advised to verify the accuracy of any information before
relying on it. Further, due to the inherent nature of the Internet, errors
interruptions and delays may occur in the service at any time. Accordingly,
Hearst Magazines’ Sites are provided "as is" without any warranties
of any kind and Hearst Magazines does not accept any liability arising from any
inaccuracy or omission in the information or interruption in availability.
4. Links
4.1. Any third party web site that links to this Site must not:
- create a frame or any other browser or border environment around the content
of this site;
- imply that Hearst Magazines is endorsing it or its products or services;
- use any Hearst Magazines trade mark displayed on any Hearst Magazines Site
without permission from Hearst Magazines;
- infringe any intellectual property or other right of any person;
- be a web site that contains content that could be construed as distasteful,
offensive or controversial.
4.2. Hearst Magazines expressly reserves the right to request that any link in
breach of these terms be removed and to take whatever other action it deems
appropriate.
4.3. On these Sites you may be offered automatic links to other sites. Whilst
Hearst Magazines hopes you will be interested in those other sites, you
acknowledge that their owners may be independent from Hearst Magazines and
Hearst Magazines does not endorse or accept any responsibility for their
content.4.4. Pages of the Site may contain some contextual affiliate marketing
links created by Skimlinks, a service that works on behalf of third party
online retailers. Purchases made on these third party sites are the sole
responsibility of that site. Purchases made through these links may result in a
commission being earned by Hearst Magazines
5. Use of Material Posted by You
5.1. Postings to the Discussion Forums are not private. You grant Hearst
Magazines and its designees a perpetual royalty free non-exclusive licence to
use, reproduce, modify, translate, transmit, distribute and sub-licence any
information or material you supply or communicate to the Service via such
postings, in any medium now in existence or hereafter developed, for any purpose,
including commercial uses. Hearst Magazines will not return it if submitted,
and accepts no liability whatsoever for safe custody thereof.
5.2. All other information and material you supply or communicate to the
Service is governed by the Privacy Policy, which is accessible at any time from
the bottom of any page on the Service.
6. Copyright and Copyright Complaints
6.1.All copyright, trademarks, design rights and all
other intellectual property rights (registered or unregistered)
where relevant in and on the Site and all content
located on the Site shall at all times remain vested in Hearst Magazines,
subject to Clause 6.4.
6.2. Hearst Magazines grants you a limited,
non-exclusive, revocable, non-transferable licence to use the Site content
solely for personal use relating to your use of the Site. Except as expressly
set out herein, neither you nor anyone acting on your behalf acquires any
intellectual property rights relating to any Site content. Any rights not
expressly granted within these Terms are reserved.
6.3. By sharing any contribution(s) with us
(including data, text, photo, message, posting, image, logo, attachment,
hyperlink and all other content (collectively "Contribution(s)") to
the Site, you agree and grant Hearst Magazines and its sub-licensees, free of
charge permission, to use the Contribution(s) in any way Hearst Magazines wants
(including modifying and adapting it for operational and editorial reasons) in
connection with the operation of the Site and our business. The licence extends
to copying, distributing, broadcasting or otherwise transmitting, adapting or
editing the Contribution(s).
6.4. You agree and confirm that any Contribution(s)
you provide or upload is original to you and does not infringe UK laws,
copyright or other rights of any other person, or that you have the consents
necessary to provide the Contribution(s) to Hearst Magazines,
6.5. You acknowledge that Hearst Magazines does not
endorse the accuracy, integrity, copyright, compliance, legality, quality or
decency of any Contribution(s). Users may respond to or comment upon
Contribution(s), such comments do not necessarily represent the views or
opinions of Hearst Magazines.
6.6. Hearst Magazines respects the intellectual property of others, and we ask
our users to do the same. Hearst Magazines may, in appropriate circumstances
and at its discretion, terminate the access of users, subscribers, and account
holders who infringe the copyright rights of Hearst Magazines and of others.
6.7. If you believe that your work has been copied and is accessible on any
Hearst Magazines Site in a way that constitutes copyright infringement, or that
the Site contains links or other references to another online location that
contains material or activity that infringes your copyright, please contact
Hearst Magazines immediately.
7. Comments by Users Are Not Endorsed by Hearst
Magazines
Hearst Magazines does not necessarily endorse, support, sanction, encourage,
verify or agree with the comments, opinions or statements posted by users in
Discussion Forums or elsewhere in the Service. Any information or material
placed online by users, including advice and opinions, is the view and
responsibility of those users and does not necessarily represent the view of
Hearst Magazines.
8. Competitions and Prizes
These rules apply to all prize promotions including free draws, prize
competitions and instant win offers.
8.1. From time to time Hearst Magazines will run competitions, free prize draws
and promotions on this website. These may be subject to additional terms that
will be made available at the time.
8.2. Promotions are open to UK residents aged 18 and over.
8.3. Prizes are non-transferable, non-negotiable and no cash alternatives will
be offered.
8.4. Hearst Magazines and the promoter reserve the right to substitute the
prize for another prize of equal value.
8.5. NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on
the promotional activity with a specific competition.
8.6. By entering the prize draw, the entrant agrees to be bound by the rules
and by any other requirements set out in the promotional material accompanying the
promotion.
8.7. By entering the promotion, the entrant agrees to the terms of the privacy
policy. In addition Hearst Magazines may pass your personal information to the
promoters and their data processors. However, we always demand that those
parties adhere to the same security procedures that we follow ourselves.
8.8. It is assumed that by entering competitions which, if won, could result in
time off work, your employer is in agreement to time off. When dates are
specified they cannot be altered andby entering any
date-related competition Hearst Magazines or the third party are not liable in
any way to any winner who cannot attend, and no cash alternative or equivalent
prize will be given.
8.9. Winners will be notified by email on the day of the draw. Winners have
five (5) business working days to respond in full to the email or another
winner will be drawn.
8.10. By entering the promotion, the winner(s) consent to any publicity
generated as a result of the promotion, and use on websites, magazines or mobile
services at any time.
8.11. Prize draws are open to all residents of the UK, except employees of
Hearst Magazines, the promoter and their immediate families, the promoters
advertising agency and sales promotion consultancy, and anyone else connected with
the creation and administration of the promotion.
8.12. The Sites' Editors' decision is final and no correspondence will be
entered into. Odds of winning depend on the number of eligible entries
received.
8.13. Only one entry per person. Spammers will be disqualified.
8.14. Hearst Magazines will not accept responsibility for lost through
technical fault, incomplete, illegible or other damaged entries. Proof of entry
is not automatically proof of receipt.
8.15. The promotional draws are held by Hearst Magazines, 72 Broadwick Street,
London, W1F 9EP or the promoter, as stated.
8.16. Details of the winner(s) can be obtained by sending a SAE marked HEARST
MAGAZINES, 72 Broadwick Street, London, W1F 9EP, within 21 days of the closing
date of the promotion.
8.17. Where Hearst Magazines runs a competition with a promoter such that the
promoter is responsible for the selection and/or the provision of prizes then
Hearst Magazines shall not be responsible for or have any liability for the
provision of such prizes.
8.18.The
winner of any competition which includes attending a specific venue is
responsible for their own travel arrangements unless stated otherwise. If
travel is included in the prize, all booking formalities must be completed
directly with the travel sponsor unless stated otherwise agreed by Hearst
Magazines, and Hearst Magazines shall have no responsibility or liability in
respect of any travel arrangements.
8.19. These terms and conditions shall be governed by and construed in
accordance with the laws of England and Wales.
9. e-COMMERCE
Hearst Magazines has joined up with selected third party partners to enable you
to purchase relevant products and services. Transactions carried out with
specified third party partners (and not with Hearst Magazines) will be governed
by the third party's standard terms and conditions which may be found on their
sites before you transact. From time to time Hearst Magazines may team up with
other selected third parties to offer you the opportunity to purchase goods from
the site. Such purchases will be with the named third party (and not with
Hearst Magazines) and will be governed by the terms and conditions notified to
you at the time of purchase. Hearst Magazines cannot and do not accept any
responsibility or liability for any losses you may suffer as a result of
entering into any transaction with any third party.
10. Other Promotions
From time to time, Hearst Magazines (or selected third parties) may include
competitions, promotions or other offers on these Sites. Each such offer shall
be subject to its own express terms and may not be available in all
jurisdictions.
11. Materials Provided by Others
You agree that Hearst Magazines is not responsible, and shall have no liability
to you, with respect to any information or materials posted by others,
including defamatory, offensive or illicit material.
12. Trade marks
All magazine trade marks are trademarks of Hearst Magazines or its sister
companies and may be registered in certain jurisdictions. All other trademarks
used on these Sites are the property of their respective owners.
13. Indemnity
You agree to indemnify Hearst Magazines and its subsidiaries, affiliates,
officers, employees, advertisers, partners, agents and representatives, and to
hold them harmless from any and all claims, demands, liabilities, damages, costs and expenses (including legal fees) that may arise from: (i)
your submissions,Contribution(s) or provision of content; (ii)your use or misuse of the Site; (iii) your unauthorised use of material obtained through
the Service; (iv) your breach of this Agreement; (v) any such acts arising
through your use of the Service; or (vi) any other violation of the rights of
another person or party.
14. Editing and Deletions
Hearst Magazines reserves the right, but undertakes no duty, to review, edit,
move or delete any material posted by users in the Discussion Forums or
elsewhere on the Site, in its sole discretion and without notice.
15. Additional Rules
Hearst Magazines reserves the right to
post, from time to time, additional terms and conditions that apply to specific
parts of the Service. Such additional terms and conditions will be posted in
the relevant parts of the Service, and will be clearly identified. Your use of
the Service constitutes your agreement to comply with these additional terms
and conditions.
16. Disclaimer of Warranty and Limitation of
Liability
16.1. YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE SITE AND ANY OF ITS
SERVICES AT YOUR OWN RISK. THE SITE AND ITS SERVICES ARE PROVIDED "AS
IS," AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEARST MAGAZINES AND
ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY
OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE AND
ITS SERVICE.
16.2. HEARST MAGAZINES AND ITS AFFILIATES MAKE NO WARRANTY, IMPLIED OR
EXPLICIT, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY, NOR THAT THE
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER HEARST MAGAZINES NOR ITS AFFILIATES NOR ANY PARTICIPANT IN THE SITE AND
ITS SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH
ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND.
16.3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE HEARST MAGAZINES AND ITS
AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED
ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR
VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE
ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.4. HEARST MAGAZINES'S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR
PERSONAL INJURY DIRECTLY CAUSED BY HEARST MAGAZINES'S NEGLIGENCE.
17. Termination
HEARST MAGAZINES HAS THE RIGHT TO TERMINATE YOUR ABILITY TO ACCESS THE SITE AND
ITS SERVICE, FOR ANY REASON, WITHOUT NOTICE.
18. Privacy Policy
18.1. The information that you provide about yourself to Hearst Magazines will
only be used by Hearst Magazines in accordance with its Privacy Policy. The
Privacy Policy does not apply to third party sites
18.2. Hearst Magazines may from time to time invite you to provide personal
information in order to provide you with services (such as email newsletters
and competitions) and to enable you to order goods. In order to deliver such
services or goods, Hearst Magazines will need to process and store your
personal information and may need to transfer it to affiliates and service
providers for processing inside the European Economic Area.In the event you submit personal information to us
through the Site, you represent and warrant that you have the authority and
consent to the collection, processing, transmission, use, communication and
disclosure of such information by us in accordance with our Privacy Policy.By submitting your personal information, you
consent to such processing and transfers in connection with such orders, offers
or services and for any other purposes to which you consent at the time you
provide the information. In order to enable Hearst Magazines to provide you
with a personalised browsing experience, this site may use 'cookie' information
collection technology. The information gathered by Hearst Magazines cookies is
limited to use within Hearst Magazines for the purposes of enhancing your
experience on our Sites. Hearst Magazines will only use your personal
information for purposes for which you have consented and will not sell or rent
your personal information to third parties for marketing purposes without such
consent. In order to protect your privacy, Hearst Magazines is registered in
accordance with and seeks to comply with the UK Data Protection Act 1998.
Hearst Magazines follows strict security procedures in the storage and
disclosure of personal information so as to prevent unauthorised access by
third parties. Hearst Magazines also requires those parties to whom Hearst
Magazines transfers personal information to comply with the same. If you have
any queries about Hearst Magazines privacy policy or any queries about the
protection of personal information Hearst Magazines holds about you, please
write to: Hearst Magazines UK, 72 Broadwick Street, London, W1F 9EP. We are
entitled by law to charge a fee of £10 to meet our costs in providing you with
details of the information we hold about you. We are also legally obliged to
request you to provide us with identification so that we can be certain that
you are entitled to receive the requested data.
18.3 Data Protection: Hearst Magazines and our sponsors and promoters may use
your details to let you know about other products and services which we think
would be of interest to you. Occasionally, we may also pass your details to
selected companies. This will only be done with your permission so we advise
you to check the tick boxes on the relevant form carefully. Hearst Magazines UK
is registered as a data controller under the Data Protection Act 1998. Hearst
Magazines UK is the trading name ofThe National Magazine Company Limited
(Registered in England number 112955) and Hearst Magazines UK 2012-1 Ltd
(Registered in England number 4474102) whose registered offices are at 72
Broadwick Street London W1F 9EP. For more
information please clickhttp://www.hearst.co.uk
19. Safety
Please remember that posting your name, contact
information or any other personal information on the Site places such
information in the public domain. Always use caution when giving out information.
We advise that you do not reveal any information about yourself or anyone else
(for example: full name, telephone number, postal address, email address, home
address or any other details that allow you to be personally identified) on the
Site.
20. Choice of Law and Jurisdiction
20.1. You agree that this Agreement, for all
purposes, shall be governed by and construed in accordance with English law.
You also agree, subject to the following clause, to submit to the non exclusive
jurisdiction of the English courts as regards any claim or matter arising under
this Agreement.
20.2. For the exclusive benefit of Hearst
Magazines, Hearst Magazines shall retain the right to bring proceedings as to
the substance of the matter in the courts of the country of your residence.
21. General
21.1 From time to time, our Sites may publish articles or features, which some
site visitors may find offensive. Hearst Magazines does not intend to offend
and suggests that Site visitors who find the tone or content of the Sites
offensive, no longer visit the Sites. No responsibility is taken for any
offense caused.
21.2. This Agreement is the complete and entire agreement between the parties
and supersedes any prior agreement, whether written or oral.
21.3. If any provision of this Agreement is found to be invalid by any court
having competent jurisdiction, the invalidity of that provision will not affect
the validity of the remaining provisions of this Agreement, which shall remain
in full force and effect.
21.4. Failure of either party to exercise any right or remedy under this
Agreement does not constitute a waiver of that right or remedy.
All photos posed by models
Please leave the Site and its Service
now if you don't agree to the terms contained in this Agreement.