YourMag Terms and Conditions
The placing of an order for insertion of an advertisement amounts to an acceptance of the terms and conditions below.
‘YourMag’ shall be defined as the trading name of Your Mag Ltd., a company registered in England and Wales with company number 07731158.
‘The Business’ shall be defined as Your Mag Ltd., and shall include any other related trading styles.
‘The Publications’ shall be defined as the YourMag magazines which are published and distributed 12 times per year.
‘The Client’ shall be defined as the person or company with whom goods and/or services are to be supplied.
‘Goods and/or services’ shall be known to be any item which The Business supplies to any of its Clients for which it is agreed that charges may or may not be applicable. Without limitation, advertising space, graphic and creative design services and leaflet distribution are included in this definition.
Copy Deadline and Formats
The copy deadline for all advertisements and editorial features is as stated in the submission dates deadline published in the media pack and on The Business website. It is usually between 7th and 15th of every month. It cannot be guaranteed that copy received after these dates will be included in The Publications, although every effort will be made to accommodate late requests.
Copy can be supplied in any of the accepted formats, which include Adobe PDF, TIFF and JPEG. Minimum resolution for all artwork should be 300 dpi. The Client should ensure that copy supplied for advertisements is the correct size, as specified in the media pack and on The Business website’s advert specification page.
The Business reserves the right to refuse advertisements which may be defamatory or offensive, which promote products that may be considered indecent or illegal or which are contrary to the ethos of Your Mag Ltd. The Business also reserves the right to refuse poorly designed artwork.
All advertisements created by The Business will be proofed to The Client prior to publication. It is The Client’s responsibility to ensure that any copy proofed and approved is accurate, legal and copyright free. The Business takes no responsibility for loss or damage resulting in an advert being incorrect, having been proofed and approved by The Client.
If The Client has booked multiple advert insertions and wishes to amend the advert for the second or subsequent insertions, it is The Client’s responsibility to ensure that any new advert or amendment reaches The Business before the relevant submission deadline, otherwise the existing advert may be inserted and no refund given.
Copyright of advertisements
The copyright of advertisements designed by Your Mag Ltd on The Client’s behalf is owned solely by The Business.
The Business may provide copies/proofs of the advertisement for approval by The Client prior to publication, but this does not imply in any way ownership or permission of this copy/proof for use by The Client, and as such must not be stored, either digitally or physically, by The Client once approval has been given, nor reproduced or redistributed to third parties without permission of The Business.
If The Client wishes to use advertisements designed by The Business in other publications, The Client will be required to ask permission of The Business, which should be given in writing, and a release fee may be charged. The Business reserves the right to charge a fee of not more than £100 where permission has not been obtained to use the advert in other publications, and publication of that advert occurs.
The advert design fee for Clients is no more than £20.
Whilst Clients are able to change their advert on a per issue basis, for Clients who have used the advert design service and who wish to change their advert an amendment fee may be charged if the changes are deemed significant, the fee not to exceed the cost of the initial advert design fee stated above.
The Publisher reserves the right to increase the rates at any time with immediate effect. Advertisements that have been booked in advance to cover future issues (eg a series of three or six issues) are protected from any such price increases for the period in question.
Invoicing and payment
All invoices raised by The Business shall become due for payment by the date shown on the invoice, unless consent is expressly given in writing to The Client for an extension of this period, or terms of any account facility between The Business and The Client expressly states.
Invoices which are overdue for a period in excess of fourteen days from the invoice due date for any services will be subject to credit control procedures which may or may not incur a £25 administration charge and may or may not include the filing of a County Court Order.
The Business reserves the right to charge The Client for any external credit control services used in relation to recovery of The Client’s outstanding debt and The Business also reserves the right to charge compound interest on any debts older than fourteen days from the due date on the invoice.
The Business cannot undertake to place adverts in a particular position in the magazine unless a premium price has been paid by The Client to reserve a particular position.
The Business makes no guarantee that advertising will be successful. For the best chance of success, The Business recommends that advertising is booked for three or more issues; it is a proven theory that repetition brings familiarity. The Business is unable to offer a refund if The Client fails to receive a response to an advertisement.
Advertising space must be cancelled either in writing or by electronic communication (email), with receipt of acknowledgement by The Business, by the copy deadline of the issue preceding publications.
Any series discounts or reduced advertising rates granted by The Business for multiple insertions are conditional upon al advertisements being placed. If The Client cancels or does not conclude a series of multiple advertisements, The Client relinquishes the right to the discount or reduced rate that has been granted and The Client will be liable to pay the difference between the rate charged and the rate that would have applied according to The Business’ published rate card. Further invoices will be issued to collect the additional charges due.
Late cancellation (after the published submission deadline) may result in full payment being levied on The Client.
Clients and their customers
The Business takes no part in the contract between The Client and their customers. Readers of the magazine are reminded that The Business accepts no liability for loss, damage or difficulties resulting from contracts between The Client and their customers, nor from errors, omissions or claims made by Clients.
Inclusion within The Publications does not imply a recommendation.
Any issue resolution remains between The Client and their customer, and The Business will accept no responsibility in establishing this resolution process.
The Business reserves the right to remove any advertisements for Clients who are deemed to bring The Publications into disrepute or which have been requested to be removed by the relevant legal or regulatory authorities without notice and without recourse. Refunds will not be made, and full payment may still be levied on the Client for the period booked.
The number of magazine copies printed, in respect of each title, is indicated on The Business website and in the published media pack. The majority of these are delivered directly to individual homes and businesses. A small quantity is placed in ‘public’ places. Your Mag Ltd endeavours to ensure that magazines are delivered efficiently and within the designated timescales, but The Business cannot give guarantees and cannot be held responsible for non-delivery or late delivery due to adverse weather conditions or any other cause.
The Business does not guarantee to supply to The Client voucher copies of any or all magazines in which an advertisement appears except where this has been specifically agreed.
All details of Clients are kept strictly confidential and will never be passed to a third-party (unless required to do so under legal or regulatory statute).
Contact details of Clients (apart from those established in The Publications) will not be provided to third-parties without prior consent of The Client.
These Terms and Conditions are formed under the laws of England and Wales and any legal claim shall be made in a court via the legal system of England and Wales.
The written and visual content of YourMag magazines (The Publications) and YourMag website are protected by copyright and are owned entirely by Your Mag Ltd. (The Business).
No reproduction or redistribution is allowed of any articles, adverts, content or design, either online or in print or digital media, either whole of part thereof, without first obtaining written permission from the Editor. Failure to obtain written permission from the Editor will result in legal action where full costs will be covered by any person(s) or business found using copyright material.
In addition, a full apology must be published in the publication or website accused of utilising material owned by The Business. The apology text must be approved in full by the Editor of The Business. Failure to comply will result in further legal action where full costs will be covered by any person(s) or business found using copyright material.
The unique combination of fonts, images, colours, sizes, typography, and positioning (“the design”) of YourMag magazines (The Publications), YourMag website and YourMag marketing and/or advertising material is copyright and may not be reproduced.
The business testimonials in The Publications have not been verified by The Business. Any person who is in doubt should ask the business to produce their own testimonials.
Changes to Terms and Conditions
The Business, at all times, reserves the right to change the Terms and Conditions set out within this document without prior written notice to any of its Clients and any subsequent changes will become applicable immediately. No claims will be entered into which may not have been applicable in previous revisions of this document which are subsequently made provision for. Any claims by any Client will only be acceptable on grounds outside the current revision of this document. The Business will, at all times, where reasonably possible, make available for viewing its Terms and Conditions through its website.
Website Terms and conditions of use
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
- Copyright notice
3.1 Copyright (c) 2010 Your Mag Limited.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Your content: licence
6.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.
6.3 You grant to us the right to sub-license the rights licensed under Section 6.2.
6.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 6.2.
6.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
6.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content: rules
7.1 You warrant and represent that your content will comply with these terms and conditions.
7.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
7.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Limited warranties
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
8.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Breaches of these terms and conditions
10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
11.1 We may revise these terms and conditions from time to time.
11.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
11.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
15.1 Subject to Section 9.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with English law.
16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
- Statutory and regulatory disclosures
17.1 Our VAT number is 136 8467 83.
- Our details
18.1 This website is owned and operated by Your Mag Limited.
18.2 We are registered in England and Wales under registration number 07731158, and our registered office is at 441 Gateford Road, Worksop S81 7BN.
18.3 Our principal place of business is at 38 Crowgate, South Anston, Sheffield S25 5AL.
18.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on 07811 339282; or
(d) by email, using firstname.lastname@example.org.