These terms and conditions govern how you may access, browse and use (1) unlid.co.uk website by: (a) accessing, browsing or otherwise using the Site by any means and via whatever device; or (b) registering your details with us to access certain areas of the Site or to receive our email services, you agree to be bound by these Terms.
- About us and our business
The Site is operated by or on behalf of Unlid.
- Changes to these Terms
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of them. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms.
- Use of the Site
3.1. For the purposes of these Terms:
“Content” includes, but is not limited to, all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Site from time to time (including, without limitation, anything made available for download); and “Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the Site.
3.2. While accessing, browsing and/or using the Site you must:
3.2.1. comply with all applicable laws, regulations and codes;
3.2.2. not impersonate another person or use a false name or email address;
3.2.3. not deep-link to and/or frame or use framing techniques to enclose the Site or any part of the Site without our prior written consent;
3.2.4. not modify or attempt to modify all or any part of the Content or the Site;
3.2.5. not gain or attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
3.2.6. not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same) any material which:
- a) is untrue, fraudulent, inaccurate or incomplete; and/or
- b) is obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
- c) makes excessive demands for bandwidth; and/or
- d) constitutes advertising (unless approved or otherwise authorised by us); and/or
- e) contains any virus or other harmful code, or which may otherwise impair or harm the Site or our computer systems or any third party computer system, and we shall have sole discretion as to whether any material is in breach of this clause.
3.3. The Content, Trade Marks and/or any other part of the Site may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish any part of the Site (including the Content) on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. If you require any further information on permitted use, or a licence to republish any part of the Site (or any Content), please email us at firstname.lastname@example.org.
At any time and without giving you any advance notice, we may permanently or temporarily and for any reason:
3.4.1. terminate, suspend or deny your access to the Site (whether in whole or in part); and/or
3.4.2. terminate, suspend or deny your access to the email services; and/or
3.4.3. remove or edit any Content on the Site at any time, and in such circumstances all liability of Unlid, its directors, employees or other representatives for any loss whatsoever arising from our removing or editing Content and/or your limited use of or inability to use the Site (either in whole or in part), email services and/or password is excluded, insofar as it is possible to do so in law.
- Material that you submit to the Site
4.1. Where the facility is made available to you on the Site, you may send material (including, without limitation, text, photographs or other images, audio material, films or other moving images) to us for publication on various areas of the Site. When you send any materials to us for publication on the Site, you do so in accordance with these Terms including, in particular, the following:
4.1.1. you grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of such material (including without limitation any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limit, archiving and making such material available on the Site);
4.1.2. publication of any material you submit to us will be at our sole discretion and we reserve the right to edit or otherwise amend such materials prior to publication;
4.1.3. you agree that we may (at our discretion) disclose your identity to any third party who is claiming that any material sent by you to the Site is defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out in sections 4.1.4 or 4.1.5 below or otherwise is in breach of or violates any applicable law or regulation or code;
4.1.4. you warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights;
4.1.5. you warrant that the material you submit is not: obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code; and
4.1.6. you acknowledge that any breach of the warranties set out in sections 4.1.4 or 4.1.5 above may cause us damage or loss and you agree to indemnify us in full and permanently on demand against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
4.1.7. you waive any moral rights in all material you submit
4.2. Whilst you acknowledge that we do not necessarily pre-screen any material that you have submitted to the Site, we reserve the right to remove, at any time and without reason or prior notice or any liability to you, any material that you have submitted.
4.3. Notwithstanding the generality of section 4.2 above, Unlid reserves the right (but not the obligation) to monitor any communications that are made via the Site and you now consent to any such monitoring.
- Data Protection and Privacy
6.1.1. the contract for the goods or services will be made directly between you and the relevant supplier. In most cases this will mean that there will be separate terms and conditions governing the contract. Please make sure that you have read the relevant supplier’s terms and conditions before completing your transaction. You can obtain a copy of the relevant supplier’s terms and conditions by contacting the supplier directly; and
6.1.2. we have no contractual liability to you in respect of the goods or services provided by the third party supplier. We may, however, still be liable to you if we have been negligent, if we have misrepresented important information or if we have been in breach of any other relevant law.
- Third party links
The Site contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
- Advertising and Sponsorship
8.1. Parts of the Site contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
- Promotions, competitions and prize draws
We may from time to time run competitions, free prize draws and/or other promotions on the Site. Any such competitions, prize draws and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
- Exclusions and limitations of liability
10.1. All information and/or data on the Site is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
10.2. We are not authorised by the Financial Services Authority of England. The information and/or data on the Site is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements. In particular, the information and/or data on the Site:
10.2.1. does not constitute any form of advice (investment, tax, legal or otherwise); and
10.2.2. does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to; and
10.2.3. is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions; and
10.2.4. has not been issued or approved by Unlid for the purposes of section 21 of the Financial Services and Markets Act 2000 (as amended from time to time).
APPROPRIATE EXPERT INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.
10.3. Neither Unlid nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the Content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Site and/or the Content will be uninterrupted.
10.4. You agree that Unlid, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
10.4.1. interruption of business; or
10.4.2. access or other delays, terminations, suspensions, denials or access interruptions to the Site; or
10.4.3. data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
10.4.4. third party website links on the Site; or
10.4.5. reliance on the information contained on the Site; or
10.4.6. computer viruses, system failures or malfunctions which may occur in connection with your use of the Site; or
10.4.7. any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
10.4.8. events beyond our reasonable control.
10.5. Notwithstanding any provision of these Terms, Unlid does not exclude or limit its liability for:
10.5.1. death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
10.5.2. fraudulent misrepresentation; or
10.5.3. any liability which it is not lawful to exclude either now or in the future.
You will indemnify and will keep indemnified Unlid and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
11.1. any breach of these Terms by you; or
11.2. your fault, negligence or breach of statutory duty; or
11.3. your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
12.1. Any contractual or legal relationship between you and Unlid will be concluded in English.
12.2. All notices shall be given by e-mail to us at email@example.com or, to you at either the e-mail or postal address you provide during the registration process (if any). Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
12.3. These Terms (together with any variations to them pursuant to section 2) form the entire agreement between the parties concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Site.
12.4. The licence granted in section 3.2 above is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
12.5. Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
12.6. If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
12.7. No waiver by Unlid of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and Unlid shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
12.8. The rights and remedies of Unlid under these Terms are independent, cumulative and without prejudice to its rights under the law.
12.9. These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
12.10. These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.
- Writing for Unlid
Invoices: If we ask for a piece to be written (or illustration drawn) ‘on spec’, or as a firm commission, it’s on the understanding that there will not be a kill fee if it’s not used. you’re sending hard copies of artwork and want the originals back, please say so as we tend not to store things.
Copyright rests with Unlid unless otherwise agreed beforehand, so we may use your copy or artwork online, in other way that technology will allow us. We tend not to syndicate copy, but if we do we’ll check with you. If the request for syndication comes several years after publication and we can’t reach you, then we may grant permission anyway. Do let us know if that would be a problem.
Warranty: You warrant that your work will not be dull, nor plagiarised (within reason) and conform to the IPSO Editor’s Code.