Last Updated [25 July 2018]
1.1 Think Publishing Website is brought to you by Think Publishing Limited (“us”, “we” or “our”). Our principal address is 11 Manchester Square, London W1U 3PW and registered office address is Think Media Group, 20 Mortimer Street, London, W1T 3JW
1.3 We want to provide you with an excellent user experience when you use the Website. If you have any questions or queries about the Website or these Terms we would be delighted to help. Please contact us by using the details at the end of these Terms.
2 Acceptance of our terms
By using the Website, you accept and agree to be bound by these Terms. If you do not accept these Terms you must not use the Website.
3 Our right to amend these terms
3.1 We reserve the right to change, modify, add to, or delete portions of these Terms at any time including to reflect changes affecting the Website, our technology, relevant laws and/or regulatory requirements.
3.2 If we do change these Terms, we will post the changes on this page and will indicate the effective date at the top. We may also communicate changes to you by email (where we have this information).
3.3 You are responsible for regularly reviewing these Terms so that you are aware of any changes. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. If you do not agree to (or cannot comply with) the Terms as amended, please do not use the Website.
4 Your access and use of the Website
4.1 Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice.
4.2 You are responsible for making all arrangements necessary to access the Website. You are also responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms.
4.3 You must not:
(a) interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device;
(b) access the Website via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(c) attempt to restrict another user of the Website from using or enjoying the Website and you must not encourage or facilitate the breach of these Terms by others;
(d) use the Website for any illegal or unauthorised purpose; or
(e) change, modify, adapt or alter the Website or change, modify or alter another website so as to inaccurately imply an association with the Website or with us.
5 Availability of the Website
5.1 You acknowledge that the Website is provided “AS IS” and we cannot guarantee that the Website will:
(a) stay the same (as we might change the Website or remove it altogether);
(b) be compatible with all or any hardware or software which you may use;
(c) be available all the time or at any specific time;
(d) be accurate, reliable or up-to-date; or
(e) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
5.2 You also acknowledge that we cannot guarantee the performance or security of the Website. In particular, we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to the Website to the fullest extent permissible by law.
6 Your privacy and cookies
7 Content available through the Website
7.1 Restriction on use – You must not:
(a) use, or cause others to use, any automated system or software to extract content from the Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity;
(b) use the content for any illegal or unauthorised purpose;
(c) use, reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the content in any way for your commercial gain. ‘Commercial gain’ may include any activity attracting any advertising revenue or subscription payments on distribution of or access to our content, or by reducing the need for any third party to subscribe to view our content directly; or
(d) use content in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using Website or any content in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency;
7.2 Modification. You acknowledge that we may add, remove or otherwise modify content at any time without notice.
7.3 Non-reliance. Content made available through the Website is for general information purposes only and is not intended to meet your particular requirements. Commentary and other materials posted through Website are not intended to amount to advice, recommendation or endorsement on which reliance should be placed.
8 Intellectual property in the Website and the Content
8.1 The design of the Website, the content and all software contained within the Website are protected by copyright, trade marks, patents and other intellectual property rights and laws.
8.2 Neither the design of the Website nor the content may be copied, recorded, reproduced, transmitted, stored, sold or distributed without our prior written consent except as otherwise permitted in these Terms.
8.3 Further, you must not:
(a) remove the copyright or trade mark notice or other proprietary notice contained in the Website and/or content; or
(b) use any content in any manner that may infringe any of our rights or the rights of a third party.
9 Linking to our website
9.1 We will permit you to link to the home page of the Website (and relevant blog pages) provided you comply with the following:
(a) you only do so in a way that is fair and legal and does not take advantage of or damage our reputation;
(b) you do not suggest any form of association, approval or endorsement by us unless we have otherwise permitted; and
(c) you do not link to any other page of the Website other than the home page and blog pages.
9.2 We reserve our right to withdraw our permission to link in section 9.1 at any time without notice.
9.3 You may not frame or embed any page or part of a page of the Website or the content on any third party website without our prior written consent.
10 If you breach these terms
10.1 If you do not follow, or we suspect you are not following, these Terms then we may take any/all of the following actions:
(a) issue a warning to you;
(b) ban you, either temporarily or permanently, from accessing the Website;
(c) take legal action against you; and/or
(d) disclose such information to law enforcement authorities as we reasonably feel is necessary.
10.2 The responses described above at section 10.1 are not limited and we may take any other actions we reasonably deem appropriate.
We have the right to terminate your access to the Website at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Website or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website.
12 Warranties, disclaimer and limitation on liability
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO US:
12.1 We will endeavour to provide the Website and publish content with reasonable skill and care and will use reasonable efforts to promptly remedy any fault of which we are aware.
12.2 Other than as expressly set out in section 12.1, the Website is provided without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Third Party Content Disclaimer
12.3 The Website may contain content, the intellectual property rights in which belong to a third party (“Third Party Content”). We give no warranties, representations or undertakings in respect of any Third Party Content that are made available on the Website. Further the views and advice contained in any Third Party Content are those of the relevant third party and not us. Accordingly we do not take any responsibility for any views or advice contained in such Third Party Content.
Our liability to you
12.4 We will not be liable under these Terms for any loss or damage caused by us or any of our employees or agents in circumstances where:
(a) there has been no breach of a legal duty of care which is owed by us or any of our employees or agents; and/or
(b) the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
12.5 You agree you will have no claim against us, in respect of any decision to remove the Website or any decision to suspend or terminate your access to the Website.
12.6 In the absence of any negligence or other breach of duty by us, the use by you of the Website is entirely at your risk.
Your liability to us
12.7 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.
12.8 Nothing in this section 12 shall have the effect of excluding or limiting our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).
13 Links to third party websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.
If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us.
15 Third party rights
A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
16 Governing law
16.1 These Terms and the use of the Website generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
16.2 Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.
17 Contact Us
17.1 If you have any suggestions for improvements or additions that you would like to see on the Website, please:
(a) send an email to us firstname.lastname@example.org; or
(b) tweet us at @ThinkPublishing ; or
(c) call us on 020 3771 7200.
17.2 Should you have a more formal enquiry or complaint about the Website (including any content), you should contact our IT services team at email@example.com and we will try to answer your enquiry or resolve any complaint as soon as possible.