This agreement (this "Agreement") governs your use of the Chiltern Magazine Services LTD's Web services (the "Service"). Chiltern Magazine Services LTD reserves the right, in its sole discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published in this Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Chiltern Magazine Services LTD as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of this Service.
2. Use of Content.
2.1 You acknowledge that the Service contains information and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Chiltern Magazine Services LTD and third parties. All Content on the Service is copyrighted as a collective work of Chiltern Magazine Services LTD pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorised by the owner of the software's patent and/or copyright.
2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Chiltern Magazine Services LTD or the owners of such Content or their authorised persons, if other than Chiltern Magazine Services LTD. You may download from the Service any Content in the public domain for your own personal use or for non-commercial redistribution.
3. No Endorsement.
The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that Chiltern Magazine Services LTD is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold Chiltern Magazine Services LTD and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Chiltern Magazine Services Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Chiltern Magazine Services Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Chiltern Magazine Services LTD reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with Chiltern Magazine Services LTD's defence of such claim.
5. Termination of Service.
Chiltern Magazine Services LTD reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including any Interactive Areas, at any time for any reason without prior notice or liability. Chiltern Magazine Services LTD may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including any Interactive Areas), without prior notice or liability.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
6.1 NEITHER CHILTERN MAGAZINE SERVICES LTD NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CHILTERN MAGAZINE SERVICES LTD., ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF CHILTERN MAGAZINE SERVICES LTD, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER CHILTERN MAGAZINE SERVICES LTD NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
6.2 NEITHER CHILTERN MAGAZINE SERVICES LTD, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CHILTERN MAGAZINE SERVICES LTD., THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement shall be construed in accordance with the laws of England and Wales, and the parties irrevocably consent to bring any action to enforce this Agreement in the English courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.