All copyright and other rights that subsist in the home page and in the sub-domain pages of the whathifi.com website ("the Site") are owned by Haymarket Media Group Limited ("Haymarket") or are included with the permission of other parties.
In consideration of Haymarket allowing you to access the pages of the Site all users of the Site are deemed to accept the following terms and conditions of use:
Permitted Use
1. Subject to what is said below material from the Site may be downloaded, viewed, listened to (where appropriate), printed, copied on the hard disk of your computer (but not photocopied) and used for your own personal, non-commercial purposes as a personal information resource in good faith ONLY. Any other type of use requires the prior written agreement of Haymarket.
2. You agree that you will not use the Site:
1. for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
2. in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
3. for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
4. for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
5. to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
6. to transmit or re-circulate any material obtained from the Site to any third party;
7. in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or
8. in any way that might bring Haymarket into disrepute.
3. Haymarket may publish any material you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
4. You hereby grant Haymarket a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format. Haymarket may require you to confirm the rights granted in this clause.
5. You hereby waive all of the moral rights that you have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Haymarket or to the Site.
6. You confirm that you are at least 18 years of age, or, if under 18, that you are accessing the Site with full parental/guardian consent.
Newsletters and Subscriptions
This Clause shall apply where you register with Haymarket in order to receive any newsletters by email or by any other means ("the Newsletters") or you subscribe to receive copies of magazines or other publications by email, on-line download via a web browser or post ("the Publications").
7. You agree to provide true, accurate, current and complete information about yourself as requested by Haymarket in the registration or subscription form ("the Registration Information").
8. You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
9. These terms shall apply in relation to your use of the Newsletters and the Publications in the same manner in which they apply to your use of the Site. Without affecting the generality of the foregoing, Clauses 1 and 2 above and Clauses 10 and 11 below shall also apply as if the words "the Site" were replaced by "the Newsletters and the Publications".
Removal of Material and cancellation of Access to the Site
10. Haymarket shall have the right to refuse to provide you with Newsletters and/or refuse to allow you access to any of the pages on the Site at any time and for any reason without giving you any advance notice and Haymarket shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Haymarket or its employees) arising from Haymarket's refusal to provide you with Newsletters or your inability to access any of the pages on the Site.
11. Haymarket will not view or edit or pre-screen any contribution that you or anyone else make to the forums or to the Site generally and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the Site.
12. Notwithstanding clause 11, Haymarket shall have the right at any time and for any reason to remove from the pages on the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and Haymarket shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Haymarket or its employees) arising from the removal of such material.
13. If you object to the publication of any material placed on our online forums (or anywhere else on this website) please let us know by sending an appropriately worded email to Haymarket.
User Content Pages - House Rules
14. The Sound and Vision Forums and any other discussion forums or pages of the Site where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fiar and appropriate information, opinions and comments. Your use of such forums is subject to Haymarket’s House Rules in addition to these Terms and Conditions of Use.
Rights Clearances
15The copyright, and other rights, in some of the material appearing on or in the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by Haymarket which arise as a result of your failure to obtain such licences and permissions.
Liability
16The information provided on or in the Site is intended for recreational, non-commercial purposes only. Whilst every effort has been taken to ensure the accuracy of the information provided by Haymarket and its employees in these pages, the contents of the Site reflect the opinions of the writers, they are personal to them and are naturally subject to change from time to time. IT IS THE RESPONSIBILITY OF USERS TO CHECK THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT BASED UPON THEM.
17. Haymarket cannot guarantee that your use of the Site will be free from error and/or uninterrupted. The Site is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind. Haymarket, its directors, its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of Haymarket or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.
18. Some of the pages on or in the Site include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to Haymarket and for ensuring that such content complies with all relevant legislation. Haymarket accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.
19 On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. Haymarket is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party.
20. Save unless otherwise stated, Haymarket makes no warranty whatsoever as to any goods or services purchased or obtained or offered to you through use of the Site, whether accessed directly or otherwise.
Links
21. Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Haymarket is not responsible for the content of these Internet sites.
22 "Haymarket welcomes 'hot links' to the Home Page of the Site, but not 'deep linking', by which is meant that you may not include a link to any page of our website that is not the Home Page. Neither may you display the contents of the Site (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please contact us.".
Competition Terms and Conditions
23. Competitions are open to UK residents only, excluding employees of Haymarket Media Group Ltd, the competition provider or any of their affiliates. Entrants must be aged 18 years or over. All entries must be received by midnight on closing date of competition. The winner will be chosen at random from all correct entries. The prize-winners will be notified within two weeks of the draw. The prize is as stated and is not transferable. No cash substitute can be provided. The promoter (Haymarket) reserves the right to substitute the prize with another of the same value should this prize become unavailable. No purchase necessary. The decision of the organizers is final and no correspondence will be entered into. Information on the winner and competition will be available two weeks after the published closing date and will be supplied upon receipt of a stamped, addressed envelope. Haymarket Media Group Ltd may contact you with offers you may be interested in. By entering this competition we deem you to have consented to this. If you do not wish to receive such information, please write to: Data Manager, Haymarket Circulation, Haymarket Media Group, Broom Road, Teddington, Middlesex, TW11 9BE.
Viruses
24. Whilst effort has been taken to ensure that the pages of the Site and the Newsletters are free from viruses, Haymarket gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
25. Haymarket excludes, to the fullest extent permitted by applicable laws, all liability and responsibility for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
1. the pages on the Site or any other Internet sites;
2. any material downloaded from the Site or any other Internet sites;
3. any Newsletter; or
4. any Publication.
Intellectual Property
26. The names, images and logos identifying Haymarket or third parties and their products and services, are the proprietary marks of Haymarket, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Haymarket reserves all rights to enforce such rights that it might have.
Variations
27. These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
Severability
28. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Jurisdiction
29. The terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.
Haymarket Consumer Media Ltd
30. Haymarket Media Group Limited is a company registered in England and Wales whose registered office is at 174 Hammersmith Road London W6 7JP.
Data Protection
31Haymarket is registered under, and will process your personal data in accordance with, data protection legislation. Use of your personal data and the protection of your provacy and security is governed by our Privacy Policy.