BY ACCESSING OR USING THE MAGAZINE SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE MAGAZINE SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU.
1. Application and Acceptance of this Agreement
These Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Magazine Services that are owned or operated by Muddifords Court Country House or its affiliates (“we”, “us”, “our” or “Muddifords Court Country House”), are a contract in electronic form between you (“you,” “your,” and “yourself”) and Muddifords Court Country House (the “Agreement”). This Agreement sets forth the legally binding terms governing your access and use of the Magazine Services. This Agreement applies to Muddifords Court Country House and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products or services on the Magazine Services or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Magazine Services or any Content (as defined below).
The Magazine Services and Content are for general information, discussion and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Magazine Services. We make no representations or guarantees about any aspect of the Magazine Services and Content and do not endorse any opinions expressed by any users. THE MAGAZINE SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE MAGAZINE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE MAGAZINE SERVICES OR ANY CONTENT.
2. Privacy Notice
In connection with your access to or use of the Magazine Services, we may obtain information from or about you. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into this Agreement and forms part of the Agreement.
3. Accuracy of Your Information & Communication Methods
The information you submit to us through the Magazine Services, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Magazine Services.
We may send you information relating to your use of the Magazine Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
4. Age Eligibility and Legal Capacity
The Magazine Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Magazine Services or provide information to us.
By accessing or using the Magazine Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Magazine Services; if your parent or guardian do not agree with the Agreement as applied to you, then you are not authorized to access or use the Magazine Services.
5. Username, Password and Other Credentials
You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access the Magazine Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Muddifords Court Country House of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
6. Intellectual and Other Proprietary Rights
Your access and use of the Magazine Services and Content is for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:
- The Magazine Services include Content that is derived in whole or in part from content or materials supplied and owned by Muddifords Court Country House, Muddifords Court Country House’s licensors or third parties. As between Muddifords Court Country House and you, Muddifords Court Country House owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Magazine Services and Content except, if applicable, with respect to your User Content (as defined below).
- You acknowledge Muddifords Court Country House’s valid intellectual and proprietary property rights in the Magazine Services and Content and that your use of the Magazine Services is limited to accessing, viewing and downloading of the Magazine Services and Content, as authorized by Muddifords Court Country House. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Magazine Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.
- You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Magazine Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Magazine Services or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Magazine Services (including any code used in any software) or Content.
- You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Magazine Services or Content unless expressly permitted by Muddifords Court Country House in writing. You may not incorporate the Magazine Services or Content into, or stream or retransmit the Magazine Services or Content via, any hardware or software application or make the Magazine Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Magazine Services or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Magazine Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Magazine Services or its servers and infrastructures.
- You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Magazine Services (including any code used in any software) or Content, whether or not for profit.
- To the extent we make the Magazine Services or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
- You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Magazine Services or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
7. User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Magazine Services (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Muddifords Court Country House. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Muddifords Court Country House be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have the right to grant, to Muddifords Court Country House an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Magazine Services are solely between you and such user. You agree that Muddifords Court Country House will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Magazine Services, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and Muddifords Court Country House has no obligation to monitor or delete any such User Content. Muddifords Court Country House may remove or modify any User Content without notice or liability at any time in Muddifords Court Country House’s sole discretion.
8. User Submissions
Unsolicited Submissions
You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user generated submission, and may use your name and any stories you provide us in articles or other features published on the Magazine Services or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Muddifords Court Country House can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Magazine Services or our publications, advertising or sponsored content.
Invited Submissions
From time to time, the Magazine Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Magazine Services.
9. Disclaimers
THE MAGAZINE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE MAGAZINE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. Muddifords Court Country House ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. Muddifords Court Country House DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE Magazine Services or any online services linked to the Magazine Services in terms of their correctness, accuracy, reliability, or otherwise. UNDER NO CIRCUMSTANCES SHALL Muddifords Court Country House BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE MAGAZINE SERVICES, ANY CONTENT POSTED ON OR THROUGH THE MAGAZINE SERVICES, OR CONDUCT OF ANY USERS OF THE MAGAZINE SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE MAGAZINE SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR MAGAZINE SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH Muddifords Court Country House OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. Muddifords Court Country House CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MAGAZINE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN NO EVENT SHALL WE (AND OUR affiliates and OUR and their officers, directors, employees, contractors and agents ) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE MAGAZINE SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Muddifords Court Country House IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
