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ATHLETICS WEEKLY (“AW”) website terms and conditions of use
In these Terms and Conditions:
Content means all the material on this website including, but not limited to, the design, layout, look, appearance and graphics;
Permitted Purpose means the use of the Content for private non-commercial purposes; and
Website means this Website as operated by AW.
2.1 Access to and use of this Website is provided subject to these Terms and Conditions which may be updated by us without notice to you. You should check the current Terms and Conditions periodically.
2.2 By using any part of this Website you will be deemed to have accepted these Terms and Conditions. If you do not accept these Terms please do not access and/or use the Services.
3. Intellectual Property Rights
3.1. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, services or materials (or any part of them) accessible on our Services (Materials) are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Materials other than as permitted in these Terms.
3.2. Except as specifically permitted on our Services, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs and Patents Act 1988.
4. Visitor material and conduct
You or the owner of the content still own the copyright in the content sent to AW, but by submitting the content, you are granting AW an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
4.2 You are prohibited from posting or transmitting to or from this Website, including our user Forum, any material that is threatening, defamatory, obscene, discriminatory, blasphemous, contrary to the law or infringes the right of any third party, or which is technically harmful (including, but not limited to, computer viruses, Trojan horses, worms, corrupted data or other malicious software) or which may otherwise cause offence, annoyance or inconvenience. You agree to indemnify and hold harmless Athletics Weekly Ltd for any breach of this clause 4.2.
4.3 You agree not to:
4.3.1 disrupt or interfere with the security of or otherwise abuse this Website;
4.3.2 disrupt or interfere with any other visitor’s enjoyment of this Website;
4.3.3 transmit through this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailing; and
4.3.4 attempt to obtain unauthorised access to this Website or portions of this Website that are restricted from general access.
4.4 Unauthorised use of this Website may give rise to a claim for damages or be a criminal offence.
4.5 We reserve the right in our sole discretion at any time without liability and with or without prior notice (a) not to post any user Contribution on our Services; (b) to remove or suspend or disable access to any user Contributions; (c) to revoke your registration (where applicable) and right to access and/or use our Services or submit any user Contributions; and (d) to use any technological, legal, operational or other means available to enforce these Terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
5.1 By entering into any competition in or on any AW publication, website or social media site you agree to be bound by the rules of that competition and all the provisions of this Section 5 that do not conflict with them. You also confirm that all decisions by us regarding the competition (including who the winner(s) may be) shall be binding upon you, and will not be contested. We reserve the right to exclude any of the participants in a competition and to disqualify competitors as we think fit.
5.2 No purchase shall be necessary to enter any competition, and all prizes are non-transferrable and no cash or credit alternatives will be offered. We may (in our sole discretion) substitute any named prizes with prizes of a similar value. All competition entries must be received by the deadline for the competition, and all late or incomplete entries will be disqualified. If you win a competition you grant us the right to use your name and to take pictures of you for advertising and promotional purposes.
5.3 Any creative words, artwork or other materials of any other kind (and irrespective of the media in question) that you submit in relation to any competition must be your own original work and you hereby agree to transfer to us all your rights in those materials and to waive any moral rights that you may have in them. You confirm that we may use the materials submitted to us in relation to any competition for any purpose, that we shall not be required to pay you for their use.
5.4 Without limiting the provisions of Condition 5.3 you confirm to us that materials that you submit in relation to any competition shall not infringe any intellectual property or other rights of any other person or give rise to any legal proceedings.
5.5 You confirm that we may pass your name, address and contact details to anyone that we may use to deliver any prizes to you, and you acknowledge that we may use other people to perform any fulfilment services relating to a competition.
5.6 We shall notify each prospective competition winner by email. Becoming a competition winner is conditional upon the competitor receiving and responding to our email within the specified time period of 48-72 hours, although in the case of time sensitive competitions such as event tickets it may be necessary to require a shorter response timeframe and as such we may need to contact winners by telephone. The competitor may also be required to complete legal documentation. If any emails or telephone calls from us are returned undelivered or remain unanswered within the specified time period the competitor in question shall be disqualified. We will provide you with the names of competition winners if you send an email to email@example.com specifying the competition that you are interested in.
5.7 If you are a winner of any competition you shall receive the prize “as is” and at your risk, and it shall be your responsibility to ensure that you satisfy all the legal and regulatory requirements regarding its delivery or collection (as the case may be) and its use. You shall be liable for all taxes and duties, insurance costs and other expenses associated with claiming the prize that do not form part of the prize description.
5.8 We reserve the right to impose age and other eligibility requirements in relation to any competition, and competitions are not open to the employees and immediate families of Athletics Weekly Limited or any sponsors of the competition.
5.9 We do not accept responsibility for any competition entries or notifications that are lost or delayed for any reason, or for any communications that we send you that result in damage or loss resulting from viruses, bugs or other technological or other causes.
6.1 While AW endeavours to ensure that the Content is correct, it does not warrant the accuracy and completeness of the Content. AW may make changes to the Content at any time without notice. The Content may be out of date and AW makes no commitment to update the Content.
6.2 The Content is provided without any conditions, warranties or other terms of any kind and, to the maximum extent permitted by law, AW provides you with this Website on the basis that it excludes all representations, warranties and conditions in relation to this Website.
6.3 Parts of or all of the Services may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on our Services comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.
7.1 This Website contains links to other website solely for your convenience. AW accepts no responsibility or liability for the content of other websites linked to this Website and any such link is not intended to be, nor should be construed as, an endorsement of any kind by AW of that other website. If you decide to leave this Website you will no longer be covered by these Terms and Conditions.
8.1 AW excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, but not limited to, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites. This includes, but is not limited to, loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of the Content or the content on any websites linked to this Website.
8.2 Nothing in these Terms and Conditions shall exclude the liability AW for personal injury or death resulting from negligence or for fraud or for any matter which cannot be excluded or limited under applicable law.
AW reserves the right to terminate your access to this Website without notice to you. Termination will not affect any obligation or rights of the parties arising before the date of termination.
11. General provisions
If any of the provisions of these Terms and Conditions should be determined to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
12. Complete agreement
13. Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.