1. These terms and conditions apply to the use of any Avalon Media web site and its Content. By using this web site, you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. Please read these terms and conditions carefully as you will be bound by them each and every time you use this web site or access its Content.
Definitions
2. (a) In these terms and conditions:
(i) the expressions “we”, “us” and “our” are a reference to Avalon Media LLC. , its subsidiaries and associated companies, its directors, employees, contractors, sub-contractors and agents;
(ii) a reference to one gender includes a reference to all other genders;
(iii) a reference to a natural person means and includes a natural person, a company, a firm or other legal entity whether acting as a trustee or not;
(b) “Content” means the content of the web site and includes words, images computer code graphics, logos, icons, sound recordings and software;
(c) “Web site” includes and means the online magazine CURVE DIGITAL, a related Publication and the Content of any related web site chat room or linked web site or any web site using the CURVE DIGITAL branding with a different URL (eg .co .uk etc);
(d) “Publication” means any CURVE Publication, online or otherwise, in hard or soft format;
(e) “You” means the user of the web site.
(f) “Advertiser” means any advertiser on our web site or in any Publication;
(g) “Device or mark” means the mark and words CURVE , any URL, whether registered or not, or
(h) “Subscription” means a subscription to a CURVE publication in hard or soft format.
Content
3. (a) We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this web site.
(b) We do not warrant the accuracy of any information published on any web site nor endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statements made by any contributor of Content. Opinions, advice, statements, offers or other information or Content made available through the web site are those of the authors of Content and should not be relied upon by you.
(c) The information provided on any web site is of a general nature only. Opinions expressed are those of the individual author and do not necessarily reflect our opinions, policies or procedures. You should not act upon or rely upon any information provided and where relevant should seek specific guidance from a qualified professional. The Content provided is not intended as a substitute for professional advice.
(d) Models are used for illustrative purposes only and there should be no presumption of sexual orientation by virtue of publication of images on the web site. The use of a model’s image does not necessarily represent an endorsement of or a connection to any particular product or service.
(e) Any reference to other organisations or companies including their internet sites is not an endorsement or warranty of the services, information or products provided by them.
(f) Whilst we have no reason to believe that any information contained on any web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on any web site.
(g) Responsibility for the Content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with their advertisement.
(h) You acknowledge that the Content contained on any web site may of be sexual in nature or relate to sexual orientation. You agree that if you are offended by any Content you will not use the website.
(i) You acknowledge that we do not necessarily screen any users of any web site for their character, conduct or criminal background.
4. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) the supplying of the services again or
(b) the payment of the cost of having the services supplied again, and if for Subscription services limited to the cost of the Subscription to any web site.
Access
5. You must ensure that your access to any web site is not illegal or prohibited by laws which apply to you.
6. You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of any web site or any linked web site.
Copyright
7. Copyright vesting in any web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any Content or part of this web site;
or
(b) commercialise any information, products or services obtained from any part of this web site; without our express written permission.
Trade Marks
8. The mark or device CURVE is owned by us. You are not permitted to use, reproduce, distribute, transmit, modify, publicly display any device or mark of ours or represent that you are associated with us in any way.
Restricted Use
9. Unless we agree otherwise in writing, you are provided with access to this web site for your personal and non-commercial use only. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. You may only reproduce Content with our express written permission and if we grant this permission you may only reproduce the material unaltered and with a clearly visible copyright notice attributing copyright to us. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.
Linked Web Sites
10. This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.
11. We are not responsible for the Content or privacy practices associated with linked web sites.
12. Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites.
Dealing with Advertisers
13. You acknowledge that an advertiser in a publication is a separate legal entity to us and we are not responsible for the claims or conduct of any advertiser, their terms, conditions, warranties or representations, in any dealings with you. We are not an agent of the advertiser unless expressly stipulated. We are not liable for nor responsible for any loss or damage which you may suffer as a result of your dealings with any advertiser or because of the presence of such advertiser in any of our publications.
Subscriptions
14. At any time we may change Subscription pricing, payment options or renewal terms.
15. At our sole discretion we may suspend or terminate the Subscription of any member who acts in contravention of these terms and conditions.
16. If your Subscription is terminated because of your conduct (a contravention or breach of these terms) you will not be refunded any Subscription paid.
17. You may cancel your Subscription and terminate our legal relationship at any time but if you have contracted with us for a fixed period Subscription then you will be liable to pay us the remainder of your Subscription fees.