By accessing The TCT Magazine online on www.tctmagazine.com ("the Site") or by otherwise accessing any content found on this web site or by using any digital application edition of The TCT Magazine or other digital application published by The TCT Magazine (each a “Digital Application”), you are entering into an agreement with Rapid News Publications Limited ("RNP Ltd.") and agree to the terms that follow. The Site is owned and operated by The TCT Magazine.
The TCT Magazine and The TCT Magazine online are trading names of:
Rapid News Publications Ltd.
Registered Office: Carlton House, Sandpiper Way, Chester Business Park, Chester, Cheshire, CH4 9QE, United Kingdom
Company Number 2721194. Registered in England VAT Registration No. GB 840 5970 20
These terms were last updated on 12 December 2012.
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the "TCT Content"), is copyright of The TCT Magazine and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "The TCT Magazine" name and logo or other trade names appearing on the Site) for any reason without written permission from The TCT Magazine.
Use of TCT Magazine Content
All TCT Magazine content is strictly for personal, non-commercial use only.
You may retrieve and display The TCT Magazine Content from Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any TCT Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from The TCT Magazine:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the TCT Content; or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the TCT Content (including as part of any library, archive or similar service) without the prior written consent of The TCT Magazine; or
- remove the copyright or trade mark notice from any copies of TCT Content made under these Terms.
Any use of TCT Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to James Woodcock at the above address.
Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Site and/or Digital Applications may only be open to registered users. You are solely responsible for the confidentiality and use of and access to TCT Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify The TCT Magazine if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any TCT Content. You will provide The TCT Magazine with accurate, complete registration information and inform The TCT Magazine of any changes to such information. For the purpose of confirming your compliance with these Terms, The TCT Magazine reserves the right to monitor and record activity on the Site and Digital Applications, including access to TCT Content.
Each registration and subscription is for your own use only. You may not share your log in details or password with any other person. You may not share or transfer your subscription. The TCT Magazine does not allow multiple users (networked or otherwise) to access the site and/or any Digital Edition through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this without further obligation to you.
Fees and Payments
You are responsible for any fees that are payable.
Access to some TCT Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in Sterling or other currency specified by The TCT Magazine. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
If your use of the Site is terminated by The TCT Magazine, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from The TCT Magazine's third party partners. In that event, your contract for such products will be with the third party partner and not with The TCT Magazine.
All refunds are at the discretion of The TCT Magazine. Any refunds can only be made to the credit/debit/charge card that was used for the original purchase.
You are responsible for all content you post.
The Site and Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to The TCT Magazine and interaction between users and The TCT Magazine representatives ("Forums"). While The TCT Magazine does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by The TCT Magazine on a Forum. You may not:
-Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
-Post, link to or otherwise publish any Messages that infringe copyright;
-Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
-Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of The TCT Magazine;
-Post Messages in any language other than English;
-Post the same Message, or a very similar Message, repeatedly;
-Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
-Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
-Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
-Disguise the origin of any Messages;
-Impersonate any person or entity (including The TCT Magazine employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
-Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
-Collect or store other users' personal data; and/or
-Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless The TCT Magazine from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 5.
The TCT Magazine has no control over individuals posting Messages on any Forum. The TCT Magazine cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting The TCT Magazine a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. The TCT Magazine reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for The TCT Magazine to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify The TCT Magazine immediately using the comment form function on each article.
The TCT Magazine respects your privacy.
Changes to the Site
The TCT Magazine reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of TCT Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site.
Liability and Indemnity
All TCT Content and services are provided ‘as is'. You indemnify us.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, The TCT Magazine makes no warranty, express or implied concerning TCT Content, any Digital Application, the Site or any software that are made available through the Site (the " Services"), which are provided "as is". The TCT Magazine expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will The TCT Magazine, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if The TCT Magazine has been advised of the possibility that such damages may arise. The TCT Magazine does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of The TCT Magazine or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by The TCT Magazine exceed the amount, if any, paid by you to The TCT Magazine for the particular Service to which the claim relates.
Upon The TCT Magazine's request, you agree to defend, indemnify and hold harmless The TCT Magazine, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
The TCT Magazine will not be held responsible for circumstances beyond its control.
The TCT Magazine, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the TCT Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Additional Terms apply to your use of The TCT Magazine Content.
Changes to these Terms. The TCT Magazine may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or TCT Content). Whenever the Terms are changed, The TCT Magazine will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after The TCT Magazine has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain the TCT Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. The TCT Magazine is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. The TCT Magazine is not responsible for the availability of these websites or their content.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by The TCT Magazine.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to The TCT Magazine must be given in writing, by letter, and sent to Carlton House, Sandpiper Way, Chester Business Park, Chester, Cheshire, CH4 9QE, United Kingdom.
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
The TCT Magazine may terminate or suspend your access to TCT Content at any time.
The TCT Magazine may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any TCT Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to The TCT Magazine under these Terms or by law.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of The TCT Magazine, The TCT Magazine shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
ADVERTISING TERMS AND CONDITIONS
1 All advertising orders placed by the advertiser and received by Rapid News Publications Ltd or its agents, hereafter “The Publisher”, shall be governed by the terms and conditions below.
2 Advertisers and advertising agencies will agree to indemnify and hold harmless the publisher from any claim arising out of the publication of any material or advertisement submitted
to The Publisher by the advertiser and published in TCT Magazine + Personalize or in any associated products whether delivered on paper or in electronic form.
3 The Publisher has the right to reject any advertising material submitted for publication in TCT Magazine + Personalize in print and/or online. The Publisher has the right to insert the word Advertisement alongside any copy/advertisement scheduled to appear in the publication in print and/or online.
4 Advertisements booked to appear in TCT Magazine + Personalize in print and/or online may only be cancelled by the submission in writing of a cancellation note no later than 30 days before the print issue reservation closing date. Online orders may not be cancelled after execution has commenced. It is the advertiser’s responsibility to gain acknowledgement of receipt of con rmation of cancellation in writing.
5 The Publisher will not be held responsible for any costs or damages beyond the agreed costs of the advertisement where such cost has been prepaid by the advertiser or where production quality of such advertisement is below standard.
6 The Publisher will issue invoices in USD in every instance. If an advertiser wishes to pay in another currency they must advise The Publisher at the time of booking. In this instance The Publisher reserves the right to protect themselves against currency uctuations between the time of order and payment. In respect of this provision the exchange rates applicable, will be advised at the time of booking and the amount due in foreign currency clari ed for the avoidance of doubt.
7 All fees due for advertisements published are payable within 30 days of the relevant publication date or date of upload to website. Where advertising is booked for or on behalf of an advertiser by an agent or advertising agency then the client as principal is and remains liable for the liability incurred and particularly for any monies still owing in the event of default by the said agent or agency.
8 Where an advertiser has been granted a discount (for example for a series booking) and the advertiser fails to settle within 40 days of publication either in print or online the advertiser will automatically lose the discount for that advertisement and shall be liable to pay the full rate card price of the advertisement.
9 The positioning of an advertisement is at the discretion of The Publisher except when an advertiser has paid the preferred position charge and the availability of this position has been confrmed in writing by The Publisher. Preferred and guaranteed positions are sold at an extra premium.
10 This contract shall be governed by the laws of England and Wales whose courts shall be the proper forum for any action commenced either by The Publisher or by the advertiser.
11 The Publisher will not return any materials submitted for publication in TCT Magazine + Personalize in print and/or online, or any associated properties, unless prior agreement is issued in writing by The Publisher. The Publisher has the right to destroy any materials submitted for publication in TCT Magazine + Personalize in print and/or online, or any associated properties, after 12 months from their receipt.
12 The advertiser shall lose the right to any compensation for any de ciency of whatever nature in the publisher’s service in respect of any edition unless the advertiser noti es the publisher in writing within 30 days of publication of that edition, or date of upload onto website, setting out the de ciency. This clause applies retrospectively to all past editions and the advertiser explicitly accepts its retrospective effect.
13 The advertiser may incur additional charges where artwork supplied requires changes, amendments or alterations for publication in TCT Magazine + Personalize in print and/or online.
14 Advertising agency commission is 10%, for accounts settled within 30 days of invoice date.
15 The Terms & Conditions above shall form the entire contract between the parties, and other terms shall only be imported if submitted in writing and agreed by the parties, such agreement to be evidenced, on behalf of The Publisher, by the signature of a competent director.