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EDS UP PUBLISHING GENERAL CONDITIONS OF USE AND INCORPORATED PRIVACY POLICY

This website, www.edsup.co.uk ,(the “Website”) is owned and operated by  Eds Up Publishing (“Eds Up”).

Your access to and use of the Website is governed by the following terms and conditions (“Terms and Conditions”) and all applicable laws, which, by accessing and browsing the Website, you, the user (“the User”) accept, without limitation or qualification.
 
Copyright and Intellectual Property Rights

1. Unless otherwise stated, Eds Up owns the intellectual property rights in the Website and the material on the Website.  Eds Up is the proprietor of all rights in the look, feel and design of the Website and Eds Up Magazine (the “Magazine”) (including logos and marks associated with Eds Up). All rights reserved.  All Website design, text, graphics, and the selection and arrangement thereof, and all source code and all other material on this Website are copyright of Eds Up or its content providers, unless otherwise expressly indicated.

Non-commercial use

2. Eds Up maintains this Website for information, communication and personal entertainment purposes only. Eds Up neither warrants nor represents that use of materials displayed on the Website will not infringe rights of third parties.
Extracts from this material can only be downloaded or printed for your non-commercial personal use and only provided they also retain all copyright and proprietary notices contained on the materials.  None of the material on the Website may be used for public or commercial use, copied, reproduced, modified, reposted, stored in or transmitted to another website, published, distributed, disseminated either electronically or in a non-electronic form, displayed, commercially exploited without the express written permission of Eds Up.

Limitation of Liability

3. The Website is provided by Eds Up in good faith.  Whilst Eds Up endeavours to ensure that the information on this Website is correct, Eds Up does not warrant its completeness or accuracy or adequacy for any particular purpose.   


4. The information and content contained in the Website and the views and opinions expressed therein are not necessarily those of Eds Up and in any event are not to be relied upon. The contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making, any decisions.

5. The information and/or data on the Website is provided on an "as is" basis. 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 Website or its content, including, without limitation, warranties of accuracy and adequacy for any particular purpose.  This applies to all content on the Website including, without limitation any blogs and expert views or briefings.

6. Eds Up assumes no liability or responsibility for any errors or omissions in the content of the Website, nor for the cancellation of any event advertised.


Use of Website

7. Use of and browsing in the Website are at the User's own risk. Eds Up’s liability is limited and excluded to the maximum extent permitted under applicable law.  Eds Up will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with the Website, whether arising in tort, contract, or otherwise.  Without limiting the generality of the foregoing exclusion, Eds Up will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with the Website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

8. However, nothing in these terms and conditions shall exclude or limit Eds Up’s liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

9. Eds Up does not warrant that the functions or materials accessible from or contained in this Website will be may infect, the User's computer equipment or other property on account of the User's access to, use of, or browsing in the Website or the User's downloading of any materials, data, text, images, video, or audio from the Website.


Links to third party websites

10. The Website may include (hypertext) links to third party Internet websites which are controlled and maintained by others. These links are included solely for the convenience of users and do not constitute any endorsement by Eds Up of the sites linked or referred to, nor does Eds Up have any control over the content of any such sites.  Eds Up will accept no responsibility or liability in respect of the material on any such sites.

Material provided by Users

11. Any personal data (including without limitation Users name, address, telephone number or e-mail address) transmitted to the Website by electronic mail or otherwise, will be used by Eds Up in accordance with Eds Up’s Privacy Policy.  Any other communication or material transmitted to the Website, such as questions, articles, comments, suggestions, will be treated as non-confidential and non-proprietary.

12. Where you send material (including, without limitation, text including articles, comments, suggestions, questions, photographs or other images, audio material, films or other moving images) to Eds Up for publication on the Website, or any entry in connection with a competition, you do so in accordance with these Terms and Conditions.

13. By sending Eds Up such material described in paragraph 12 above you agree to grant Eds Up permission, free of charge, to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of such material in any manner and in any format and/or media.  It is within the sole discretion of Eds Up whether material submitted by you is published and Eds Up reserves the right to edit or otherwise amend such materials prior to publication and remove any such material from the Website.

14. You agree that Eds Up may (at its discretion) disclose your identity to any third party who is claiming that any material sent by Eds Up to the Website is defamatory, in breach of confidence, in breach of any intellectual property right or otherwise is in breach of or violates any applicable law or regulation or code.

15. You warrant to Eds Up that you have the right to submit such material and any material you submit to Eds Up is your own original work and that you own the copyright and any other relevant rights.

16. You warrant that the material you submit is not: defamatory, obscene, threatening, menacing, offensive, 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.

17. You acknowledge that any breach of the warranties set out in this paragraphs 15 and 16  may cause Eds Up damage or loss and you agree to indemnify Eds Up in full and permanently on demand against any third party liabilities, claims, costs, loss or damage Eds Up incurs as a result of publishing material you submit to Eds Up, including consequential losses; and
you waive any moral rights in all material you submit.

18. Images of people or places displayed on the Website are either the property of, or used with permission by, Eds Up. The use of these images by the User, or any other third parties authorised by the former, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes

Forum/Comments

19. Access to certain areas of the Website is restricted. Eds Up reserves the right to restrict access to other areas of the Website, or indeed our whole Website, at our discretion.

20. If Eds Up provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that that user ID and password is kept confidential.  You accept responsibility for all activities that occur under your user ID or password.  Eds Up may disable your user ID and password at its sole discretion.

21. You are not permitted to use the Website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

22. You are not permitted to use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  

23. You are not permitted to use the Website for any purposes related to marketing without our express written permission.

24. You are not permitted to use the Website to copy, publish or send mass mailings or spam.

25. You are not permitted to use the Website to publish, copy or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.  All material you copy, publish or send via the Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime.  Material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.  Eds Up reserves the right to edit or remove any material posted upon our website.

26. Eds Up may take such action as it deems appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.

Competitions

27. These competition rules (Rules) apply to all competitions referred to  or included in the Website or Magazine unless otherwise expressly stated. By entering a competition entrants agree to be bound by these Rules incorporated into these Terms and Conditions.

28. The Rules are as follows:
a) No purchase necessary.
b) Only one entry per person is allowed.  No bulk or third party entries will be accepted.
c) Postal entries for competitions should be sent to: Eds Up Publishing, 10a Putney High Street, London SW15 1SL with your name, address, daytime telephone number clearly stated.
d) Email entries for competitions should be sent to competition@edsup.co.uk.
e) Competitions are open to all UK residents.
f) Eds Up cannot accept responsibility for entries lost, mislaid or damaged.  Proof of delivery will not be accepted as proof of receipt.
g) Prizes are as stated only.  However, Eds Up may, in its sole discretion alter prizes.
h) All entries and copyright in them automatically become the property of Eds Up.
i) The closing date for receipt of entries is as stated for ac individual competition in the Magazine or Website.  The winner will be notified by telephone, email or post.  

Privacy Policy

29. This privacy policy applies to all personal information we hold about individuals.  Eds Up will only use your personal information in accordance with the current data protection law in the UK and this Privacy Policy.

30. Eds Up will not collect any personally identifiable information about the User (e.g., name, address, telephone number or email address ("Personal User Data")) through this Website unless the User has provided it voluntarily. If Users do not want their personal data collected, they are asked not to submit it. Users are advised that should they choose to provide information, the security of information transmitted over the Internet cannot be assured.  Any Personal User Data may be used by Eds Up for the purposes of (including but not limited to) sending to you by post, email or by any other means, product information, special offers or upcoming events and similar information and may also be used in accordance with the Rules.

31. Any communication or material (not including Personal User Data) transmitted to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or similar type of information is, and will be treated, as non-confidential and non-proprietary. Anything transmitted or posted may be used by Eds Up, subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication (including on the Website), broadcast, posting, mailing of product information or special offers.

32.
In submitting Personal User Data, the User warrants that he or she is not less than 18 years of age. Eds Up does not intend to collect any personal data from individuals under 18 years of age, unless the child is at least thirteen and obtains the consent of their parent / guardian beforehand. Where applicable, Eds Up will take reasonable steps to ensure parental consent to such submission.

33. Parents should be aware that Eds Up Privacy Policy will govern its use of personal data, but that information which is voluntarily given by children -- or others -- in Blogs, chat sessions, email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited mail.

34. Eds Up may automatically (i.e., not via registration) collect technical information when a User connects to the Website that is not personally identifiable. Examples of this type of information include the type of Internet Browser used, the type of computer operating system used and the domain name of the Website from which the link to this Website is activated.

35. 
When viewing this Website, some information may be stored on the Users computer. This information may be in the form of a "Cookie" or similar file and can help SMSL in many ways for instance to improve the content of a Website to better match Users interests and preferences.

36. By submitting messages and/or materials to the Website, each User agrees to indemnify, defend and hold harmless Eds Up, its directors, officers and employees from all damages, costs and expenses, including reasonable legal fees and court costs arising out of all claims, challenges or actions related to the User's submission, including without limitation, claims for infringement of intellectual property rights, libel and defamation.

General

37. Variation - Eds Up may from time to time revise or update these Terms and Conditions.  Users are bound by any such revisions.  Please check this page periodically to review the current Terms and Conditions.

Entire agreement

38. These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you, the User and Eds Up in relation to your use of the Website.  These Terms and Conditions supersede all previous agreements in respect of your use of the Website.

39. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

40. The failure or delay of Eds Up to exercise or enforce any right in there terms does not waive Eds Up’s right to enforce that right.

41. These terms shall be governed and interpreted in accordance with the laws of England ad Wales which shall have exclusive jurisdiction over any disputes.

Eds Up Publishing, May 2008