Welcome to Xplode Magazine’s website at www.xplodemag.co.uk (the “Website”). Before using this Website, please read the follow terms and conditions (the “Terms and Conditions”), which have been provided on behalf of Xplode Magazine by Sharpe Pritchard LLP and which tell you the rules for using this Website. Please note that by continuing to use this website, you confirm that you accept these Terms and Conditions and that you agree to comply with them.
What is in these Terms and Conditions?
Please click on the links below to go straight to more information on each section of these Terms and Conditions:
1. Who we are and how to contact us
2. Acceptance of these Terms and Conditions
3. Other applicable terms
4. Changes to these Terms and Conditions
5. Changes to this Website
6. Use and suspension/withdrawal of this Website
7. This Website is only for users in the UK
8. Keeping your account details safe
9. Using material on this Website
10. Do not rely on information on this Website
11. Other sites that this Website links to
12. User-generated content is not approved by Xplode
13. Uploading and posting content to this Website
16. Linking to this Website
17. Third-party advertising
18. Governing law
19. Trade marks
20. No waiver
1. Who We Are and How to Contact Us
1.1. This Website is operated by Xplode Magazine Bolton (“Xplode”), a charitable incorporated organisation registered in England and Wales on 13 February 2014 under charity number 1155789 and whose registered address is Suite 106, Miller House, 47-49 Market Street, Farnworth, Bolton, BL4 7NS.
1.2. To contact Xplode, please email email@example.com or telephone 0330 1200 619.
1.3. For the avoidance of doubt, in these Terms and Conditions “you” and “your” means you as the user of this Website.
2. Acceptance of these Terms and Conditions
2.1. By using this Website, you confirm that you accept these Terms and Conditions and that you agree to comply with them.
2.2. If you do not agree to these Terms and Conditions, you must not use this Website.
2.3. Xplode recommends that you print a copy of these Terms and Conditions for future reference.
2.4. These Terms and Conditions apply regardless of whatever device you are using to view this Website (including without limitation desktop computer, laptop, mobile web browser, digital television, mobile phones, automobile-based personal computers, handheld digital devices, and any other mobile device or technology whether now known or developed in the future).
3. Other Applicable Terms
3.1. These Terms and Conditions refer to the following additional terms, which also apply to your use of this Website:
3.1.2. Xplode’s Acceptable Use Policy, which sets out the permitted and prohibited uses of this Website. When using this Website, you must comply with this Acceptable Use Policy.
4. Changes to these Terms and Conditions
4.1. Xplode may amend these Terms and Conditions from time to time. Every time you wish to use this Website, please check these terms to ensure you understand the terms and conditions that apply at that time. You will be deemed to have accepted any changes to the Terms and Conditions after a notification of such changes has been published on this Website and you continue to access or use this Website after such publication.
5. Changes to this Website
5.1 Xplode reserves the right to update and change this Website from time to time.
6. Use and Suspension/Withdrawal of this Website
6.1. This Website is made available free of charge.
6.2. Xplode takes reasonable measures to ensure that this Website is operational at all times. However, Xplode does not guarantee that this Website, or any content on it, will always be available or be uninterrupted. Xplode may also suspend, withdraw, discontinue, or restrict the availability of all or any part of this Website for business, operational, or other reasons. Xplode will try (but does not guarantee) to give you reasonable notice of any suspension, discontinuation, or withdrawal by way of a notice on this Website. Xplode will not be liable to you if for any reason this Website is unavailable at any time or for any period of time.
6.3. Your use of this Website must only be for lawful purposes. You must not use this Website:-
6.3.1. in way that breaches any applicable local, national, or international law or regulation;
6.3.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.3.3. to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
6.3.4. to access without authority, interfere with, damage, or disrupt any part of this Website, any equipment or network on which this Website is stored, any software used in the provision of this Website, or any equipment or network software owned or used by any third party; or
6.3.5. in a manner that contravenes Xplode’s Acceptable Use Policy.
6.4. You may not use, or cause others to use, any automated system or software to extract content or data from this Website for commercial purposes.
6.5. Please note that Xplode only provides this Website for domestic and private use. You agree not to use this Website for any commercial or business purposes.
6.6. You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions and that they comply with them.
7. This Website is only for Users in the UK
7.1. This Website is directed to people residing in the United Kingdom of Great Britain and Northern Ireland. Xplode does not give any representation that any content available on or through this Website is appropriate for use or available in other locations.
8. Keeping your Account Details Safe
8.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Xplode’s security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2. Xplode has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in Xplode’s reasonable opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
8.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Xplode at firstname.lastname@example.org.
9. Using Material on this Website
9.1. Save as otherwise indicated and save in respect of third-party advertising appearing on this Website, Xplode is the owner or the licensee of all intellectual property rights in this Website and in the magazine produced by Xplode (the “Magazine”), and in the material (including without limitation text, graphics, documents, photographs, illustrations, photographs, video sequences, and audio sequences) published on the Website and in the Magazine (the “Materials”). The Materials are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2. Where Xplode has used documents, photographs, or other items on this Website or in the Magazine (“Third-Party Items”) with the permission of the relevant third-party copyright owners, all rights in those Third-Party Items are reserved and permission to copy them must be requested from the relevant copyright owners.
9.3. You may only view, use, print out, quote from, or cite any part of this Website or the Magazine for your own personal, non-commercial use and you may only do so on the condition that you give appropriate acknowledgement to Xplode as the source.
9.4. You must not remove any copyright or other proprietary notices contained in this Website or in the Magazine or use any part thereof in any manner that may infringe any intellectual property right (including without limitation copyright) or proprietary right of Xplode or any third party.
9.5. You must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.6. Xplode’s status (and that of any identified contributors) as the authors of content on this Website must always be acknowledged.
9.7. You must not use, reproduce, print off, copy, download, frame, modify, display, publish, perform, distribute, disseminate, broadcast, perform, exploit, communicate or circulate to the public or any third party any part of this Website, the Magazine, or the Materials for any commercial purpose whatsoever without Xplode’s prior written consent.
9.8. If you use, reproduce, print off, copy, download, frame, modify, display, publish, perform, distribute, disseminate, broadcast, perform, exploit, communicate or circulate to the public or any third party any part of this Website, the Magazine, or the Materials in breach of these Terms and Conditions, your right to use this Website will cease immediately and you must, at Xplode’s absolute option, return or destroy any copies of the materials you have made.
9.9. Unless expressly authorised in writing by Xplode, you are not permitted to create a database in electronic or paper form comprising all or part of the Materials.
10. Do not rely on Information on this Website
10.1. The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely and it does not create a business or professional services relationship between you and Xplode. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.
10.2. Although Xplode makes reasonable efforts to update the information on this Website, Xplode make no representations, warranties or guarantees, whether express or implied, that the content on This Website is accurate, complete, or up to date. Any of the content on this Website may be out of date at any given time and Xplode is under no obligation to update such content.
10.3. Xplode hereby disclaims all liability and responsibility to the fullest extent permitted by law for any errors or omissions in the content contained on this Website and for any loss or damage arising out of or in connection with the use of or inability to use this Website or any reliance upon its contents.
11. Other Sites that this Website Links to
11.1. Where this Website contains links to other websites, webpages, or resources provided by third parties (“Third-Party Sites”), these links are provided for your information only. Such links should not be interpreted as approval or endorsement by Xplode of those linked Third-Party Sites or information you may obtain from them, and such links do not imply that Xplode or this Website is in any way affiliated to or associated with such Third-Party Sites.
11.2. Xplode has no control over the contents of Third-Party Sites and bears no liability whatsoever for their content or accuracy or any opinions expressed in such Third-Party Sites.
11.3. Your browsing and interaction on any Third-Party Site, including any Third-Party Sites that this Website links to, is subject to the rules and policies of that Third-Party Site (including in relation to privacy). Please read those rules and policies before proceeding. If you decide to visit any Third-Party Site, you do so at your own risk.
12. User Generated Content is not approved by Xplode
12.1. this Website may include information and materials uploaded by other uses of this Website (for example to bulletin boards, comment sections beneath articles, and chatrooms). Such information and materials have not been verified or approved by Xplode and the views expressed by other users on this Website do not represent Xplode’s views or values.
12.2. If you wish to complain about any information or materials uploaded by other users, please contact Xplode at email@example.com using the subject heading ‘Objectionable Content’.
13. Uploading and Posting Content to this Website
13.1. Whenever you make use of a feature that allows you to upload or post content to this Website (for example in any comments sections), or to make contact with other users of this Website, you must comply with the content standards set out in Xplode’s Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to Xplode and fully indemnify Xplode and keep Xplode fully indemnified for any breach of that warranty. This means you will be responsible for any loss or damage that Xplode may suffer as a result of your breach of warranty.
13.2. Xplode has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this Website constitutes a violation of that third party’s intellectual property rights, or of that third party’s right to privacy.
13.3. Xplode has the right to remove any posting you make on this Website if, in Xplode’s absolute opinion, your post does not comply with the content standards set out in Xplode’s Acceptable Use Policy.
14.1. To the fullest extent permissible by law, Xplode hereby excludes and disclaims all warranties, representations, terms, and conditions that might otherwise be implied by law in relation to this Website.
14.2. Xplode will not be liable for any failure to maintain the Website.
14.3. Xplode will not be liable under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if Xplode is advised of the possibility of such damages.
14.4. The Materials may contain inaccuracies and typographical errors. Xplode does not warrant the accuracy or completeness of the Materials.
14.5. Xplode will not be liable for any loss caused as a result of your actions or inactions based on the Materials available on this Website. Nothing in these Terms and Conditions, however, will affect your statutory rights, and nothing in these Terms and Conditions will exclude Xplode’s liability for:
14.5.1. death or personal injury arising through negligence;
14.5.2. fraudulent misrepresentation; or
14.5.3. anything else that cannot be excluded or limited by Xplode under English law.
15.1. Xplode does not represent, guarantee, or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected.
15.2. You are responsible for configuring your information technology, computer programs, and platform to access this Website. You should use your own virus protection software.
15.3. You must not misuse this Website by knowingly or deliberately introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (as amended from time to time or superseded). Xplode will report any such breach to the relevant law enforcement authorities and Xplode will co-operate with those authorities by disclosing your identity to them. In the event of a breach by you of this provision, you will also be liable to Xplode and you will fully indemnify Xplode for any losses or damage suffered by Xplode as a result of such a breach and your right to use this Website will cease immediately.
16. Linking to this Website
16.1. You may link to Xplode’s homepage, provided you do so in a way that is fair and legal and does not damage Xplode’s reputation or goodwill or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable.
16.2. You must not establish a link to this Website in such a way as to suggest any form of association, approval or endorsement on Xplode’s part where none exists.
16.3. You must not establish a link to this Website on any website that is not owned by you.
16.4. No portion of this Website may be framed on any other site.
16.5. We reserve the right to withdraw linking permission at any time and without notice.
16.6. Any website in which you are linking must comply in all respects with the content standards set out in Xplode’s Acceptable Use Policy.
16.7. If you wish to link to or make any use of content on this Website other than that set out in these Terms and Conditions, please contact Xplode at firstname.lastname@example.org.
17. Third-Party Advertising
17.1. Parts of this Website may from time to time contain third-party advertising and sponsorship, some of which may link to Third-Party Sites. Xplode does not control the content or links appearing on such Third-Party Sites and is neither liable nor responsible for such content or for the practices employed by such Third-Party Sites.
17.2. Advertisers and sponsors are solely responsible for ensuring that any material submitted by them for inclusion on the Website complies with all legal and regulatory requirements and does not contain any material that is objectionable (including without limitation any information that is obscene, defamatory, threatening, or untrue). Xplode is neither responsible nor liable for or in respect of any such material or any error or inaccuracy contained in such material and any issues which you may have concerning such material must be raised directly with the relevant advertiser or sponsor.
17.3. Certain advertisements that appear on this Website may be delivered to you by advertising partners or Google, who may set cookies. Please read our Cookies Policy for further information.
18. Governing Law
18.1. These Terms and Conditions, their subject matter, and their formation are governed by English law.
18.2. In the event of any dispute arising as a result of content posted or a visit to this Website, the jurisdiction and applicable law to be invoked is that of England and Wales.
18.3. You are solely responsible for compliance with applicable local laws relating to the use of or otherwise connected with this Website. To the extent that this Website or any activity contemplated by it would infringe any law of a jurisdiction other than England and Wales, you are prohibited from accessing or using this Website or attempting to carry on any such offending activity and this provision will override all other provisions of these Terms and Conditions.
19. Trade Marks
19.1. “Xplode Magazine” (the “Registered Mark”) is a UK-registered trade mark (registered trade mark number UK00003113645) of Xplode Magazine Bolton. You are not permitted to use the Registered Mark without Xplode’s prior written approval, unless it is part of material you are using as permitted under Using Material on this Website.
19.2. Xplode expressly reserves all rights in and to the www.xplodemag.co.uk domain name and all related domains and sub-domains (including without limitation www.xplode.co.uk), the name “Xplode Magazine”, and Xplode’s logo, service marks, trading names and trade marks (including the Registered Mark). Other trade marks, products and company names mentioned on this Website may be trade marks of their respective owners or licensors and, as such, the rights in such marks are reserved to their respective owners or licensors.
20. No Waiver
20.1. Any failure by Xplode to insist upon or enforce any provision of these Terms and Conditions will not be construed as a waiver of any provision or right of Xplode.