Welcome to the Skydive Mag website at www.skydivemag.com.
These are the terms and conditions (Terms) that govern your use of this website (Site). These Terms should be read in conjunction with our:
1. These Terms
These Terms apply to the Skydive Mag website regardless of your user device, including desktop, 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. You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with us or sign up for our newsletter and/or competitions and promotions.
For the purposes of these Terms: ‘Content’ includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Site from time to time (including anything made available for download); ‘Material’ includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images; and ‘Trade Marks’ means the trade marks, logos and service marks (whether or not registered) displayed on the Site.
2. Changes to these Terms
We may change these Terms from time to time. Please check regularly as any changes are effective immediately upon posting to the Site. Your continued use of the Site after posting will be deemed acceptance of the changes.
3. About us and our Business
The Site is operated by Skydive Mag Limited. We are a company registered in England and Wales at Companies House with company number 06587800, registered office address 3 Burton St, Peterborough, PE1 5HA, United Kingdom. Our VAT number is GB 939 1101 36. Our office telephone number is +44 1733 755 982.
We are a digital publishing e-magazine platform for shared creative output, to facilitate the spread of knowledge, education and information about skydiving, indoor skydiving (tunnel flight) and BASE jumping.
4. Registration
Some areas and facilities of the Site are restricted to users who have registered their details with us. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the Site. If you have a password for registration, you shall not share or disclose it to any third-party, nor allow any third-party to use your password to gain access to the areas and services for registered users. We may refuse, remove or suspend your registration at any time.
5. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Site and its Content. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive license to access, browse and use the Site in accordance with paragraph 6 below.
6. Access and use of the Site
You may use the Site for personal, non-commercial use only (other than to purchase Advertisement(s), for which separate Advertising Terms apply). You may only download and print extracts of the Content for your own personal, non-commercial use.
You may not: (1) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; nor
(2) reproduce, republish, modify, archive, distribute, store or commercially exploit the Content without our prior written consent; nor
(3) modify or adapt or create derivative works of the Content; nor
(4) utilise links to this website received as part of a paid-for media monitoring service; nor
(5) systematically forward links to this website within a business or outside a business for business purposes; nor
(6) copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content; nor
(7) copy, save or download any photographic images used on the Site; these are provided free of charge for your enjoyment in situ.
Any such use of this website or the content is prohibited without an appropriate license and permissions. If you wish to copy, syndicate or otherwise use any Content from this website, please contact us.
At all times when you are accessing, browsing or using or registering for use of the Site, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Site. In particular, you must not use the Site in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third-party rights (including intellectual property rights).
At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Site. At any time without notice and in our absolute discretion, we may remove or edit any Content on the Site. To the fullest extent permitted by law, in both cases none of Skydive Mag, its directors, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Site.
7. Submission of Material
If you submit material (‘User Submissions’) to us, you agree:
(1) to grant us a royalty-free, worldwide, perpetual license to use, copy, publish, republish, store, archive, adapt, edit, create derivative works from, exercise publicity in relation to such material in any manner;
(2) to any moral rights in the material submitted;
(3) that we may disclose your identity to any third-party making any claim or assertion of any kind in relation to your material; and
(4) that we may monitor your use of the Site and any communications made via the Site.
(5) that the material is your own original work and that you own the copyright and any other relevant rights;
(6) that the material is not obscene, threatening, menacing, offensive, defamatory, abusive, 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.
Full details of the conditions of submitting Material are set out in our Contributor Terms
8. Data Protection and Privacy
Full details of the way in which we use cookies on the Site and how we hold and process information from which we can identify you or any third-party are set out in our Privacy Policy
9. Third-Party Links
The Site may contain links to third-party websites. We are not responsible for, nor do we endorse in any way such third-party websites or their content. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.
Any contract for goods or services will be made directly between you and the relevant supplier. Separate terms and conditions will apply to each supplier. Please make sure that you have read the relevant supplier’s terms and conditions before completing any transaction. We have no contractual liability to you in respect of any goods or services provided by the third-party.
10. Advertising and Sponsorship
Parts of the Site contain Advertising and/or Sponsorship. Advertisers are solely responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error contained in such material, although we personally monitor its suitability and therefore may remove or refuse advertisements at any time and without specifying a reason or prior notice or any liability.
More information about conditions for advertising on the Site are contained in our Advertising Terms
11. Promotions, Competitions and Prize Draws
From time to time we may run competitions, prize draws or other promotions on the Site. Any such promotions will be run on an opt-in basis, where users request to join the promotion, and only those users who request it will be emailed with promotion details. Such promotions may be subject to additional terms and conditions that will be made available at the relevant time.
12. Exclusions and Limitations of Liability
All information and/or data on the Site is provided on an
‘as-is’ basis. Save 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 Site or the Content, including, without
limitation, warranties of satisfactory quality, conformity to contract,
accuracy, adequacy, conformity to description or fitness for any particular
purpose.
In particular, the information and/or data on the Site:
(1) does not constitute any form of advice; and
(2) does not constitute any inducement, invitation or recommendation relating
to any of the products listed or referred to; and
(3) is not intended to be relied upon by you in making (or refraining to make)
any specific purchasing, equipment, safety or other decisions.
We take no liability for any opinions, whether directly or indirectly expressed, or implied, in the Site. We aim to improve education, promote knowledge and increase safety through responsible sharing of information on the Site, reflecting a range of informed viewpoints. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Skydive Mag is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Skydive Mag with respect thereto, and agree to indemnify and hold Skydive Mag, its Owners/Operators, affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
You accept total accountability for your own actions and opinions; and agree that Skydive Mag has no liability to you for use of the Internet, including but not limited to, the Content of our Site.
Neither Skydive Mag nor any of its data providers or affiliates
gives any warranty or guarantee relating to availability of the Site or that
the Site and/or our operation of it, the Content or the server that makes the
Site available are error or virus-free or free of other harmful components or
that your use of the Site and/or the Content will be uninterrupted.
You agree that Skydive Mag, its directors, employees or other representatives,
data providers or affiliates will not be responsible or liable (whether in
contract, tort or otherwise), under any circumstances for any amount or kind of
loss or damage (including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any anticipated loss of profit, loss of
profit, loss of opportunity, loss of data, costs and fines and/or any special
or incidental damages of any kind, including injury or death) that may result
to you or a third-party arising from or connected in any way to:
(1) interruption of business; or
(2) access or other delays, terminations, suspensions, denials or access interruptions
to the Site; or
(3) data non-delivery, data misdelivery, data corruption, destruction of data
or other modification of data; or
(4) third-party website links on the Site; or
(5) reliance on the information contained on the Site; or
(6) computer viruses, system failures or malfunctions which may occur in
connection with your use of the Site; or
(7) any inaccuracies, omissions, misleading, false or deceptive statements in
the
Content; or
(8) any external activity that may be described or referred to on the Site;
or
(9) events beyond our reasonable control.
13. Indemnity
You will indemnify and will keep indemnified Skydive Mag and its
data providers and affiliates on demand against all claims, costs, proceedings,
demands, losses, damages, expenses (including legal expenses) or liability
whatsoever arising directly or indirectly as a result of:
(1) any breach of these Terms by you; or
(2) your fault, negligence or breach of statutory duty; or
(3) your use of software robots, spiders, crawlers, or similar data gathering
and extraction tools, or any other action you take that imposes an unreasonable
burden or load on our infrastructure (whether owned by, leased or licensed to
us) or that of any of our Suppliers.
14. General
Any contractual or legal relationship between you and Skydive Mag will be concluded in English. All notices shall be given by email to us at the contact details below or to you at the email address you provide during the registration process. Notice will be deemed received 24 hours after email is sent.
These Terms (together with any variations to them pursuant to section 2) form the entire agreement between the parties concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Site. The license granted in section 4.2 above is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
No waiver by Skydive Mag of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and Skydive Mag shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
The rights and remedies of Skydive Mag under these Terms are independent, cumulative and without prejudice to its rights under the law.
These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third-party by virtue of the Contracts (Rights of Third Parties) Act 1999.
These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute that may arise.
If you have any questions about these Terms please contact us.
Terms and Conditions Last Updated: 21 May 2019
Other Documentation
These Terms should be read in conjunction with our:
Skydive Mag Limited
Phone: +44 1733 755 982
Email: lesley-at-skydivemag.com
Skydive Mag Limited is a company registered in England and Wales at Companies House with company number 06587800, registered office address 3 Burton St, Peterborough, PE1 5HA, UK. Our VAT number is GB 939 1101 36. Our office telephone number is +44 1733 755 982.