Terms & Conditions
http://www.artsindustry.co.uk and Arts Industry magazine is a subsidiary of BC Publications
For Arts Industry Magazine please see terms and conditions after website user terms.
Arts Industry website user terms
1. These User Terms
1.1 In accordance with the following user terms ('User Terms') and, BC Publications, its subcontractors, agents, and/or representatives (BCP) grants you as an authorised user ('Authorised User' or 'you') of this BCP Web Site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
- Clause 6 - Your Responsibilities
- Clause 7 - Consent to use Your Personal Information
- Clause 8 - Limitation of Liability
1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
1.4 If you purchase any services from a BCP online store on this Web Site ("On-Line Store"), your purchase will be subject to the BCP's Subscription Terms displayed in the On-Line Store. Purchases other than from the online store or made via links from the On-Line Store to other Merchants (as defined in Clause 1.5) will be in accordance with Clause 1.5.
1.5 The goods and services ("Merchandise") which may be purchased by you from companies other than BCP ("Merchants") via third parties and/or third party web sites linked to this Web Site including without limitation co-branded websites are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not BCP) is solely responsible for the legal fulfilment of orders for such Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or the Merchant's web sites is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that BCP shall have no responsibility, obligations or liability in relation to the Merchandise.
2. Licence to Use Material on Web Site
2.1 BCP grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('BCP Material') on the basis set out in Clause 2.2.
2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the BCP Material for your own personal, non-commercial use provided that you do not:
2.2.1 Remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the BCP Material;
2.2.2 Modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the BCP Material;
2.2.3 Rent, lease, sub-licence, loan, copy or give or transfer any rights in the BCP Material in any form, to any person or entity without the prior written consent of BCP.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, BCP, or BCP's suppliers, subcontractors and agents (collectively 'BCP Contractors') (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the BCP Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world ('Intellectual Property Rights').
3.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via articles submitted for publication on the Web Site or in using any of the Web Site Services ("User Generated Content") may be retained as the property of BCP. "Web Site Services" is defined in Clause 5.2 below. BCP shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
4.1.1 You breach any of the terms of the licence granted to you in accordance with Clause 2;
4.1.2 BCP terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or
4.1.3 You terminate these User Terms by notice to BCP at any time in accordance with Clause 9.1.
4.2 In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
4.2.1 The licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the BCP Material;
4.2.2 You must delete or destroy any of the BCP Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
4.2.3 You will have no further rights to access or use the Web Site or the Web Site Services.
5. BCP's Responsibilities
5.1 BCP undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 BCP makes no representation or warranty that the Web Site or services offered via the Web Site ('Web Site Services') will be accessible, or useable by you or error free.
5.3 BCP reserves the right, without notice to you, to remove any BCP Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. BCP will give you as much notice as possible prior to taking any of the actions described in this Clause 5.3, but prior notice may not always be feasible for a variety of reasons
6. Your Responsibilities
6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password.
6.2 You agree that you will not use the Web Site or any of the Web Site Services as follows:
6.2.1 To send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
6.2.2 To send or distribute multiple unsolicited e-mails or messages ('Spam') or to cause any other person annoyance, inconvenience or worry; and
6.2.3 For any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
6.3 You agree to indemnify BCP against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, BCP shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by BCP forthwith, without notice to you.
7. Consent to Use Your Personal Information
7.1 For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to BCP and/or BCP Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to BCP or BCP Contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected BCP Web Sites.
7.2 For the purposes of the Data Protection Act 1998, you further agree that BCP or an BCP Contractor involved in the provision of the services offered via this Web Site, may send your personal data outside of the European Economic Area for processing.
7.3 You may revoke the consents given above in Clauses 7.1 and 7.2 by giving notice to BCP in accordance with Clause 9.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services.
8. Limitation of Liability
8.1 BCP does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of BCP, its employees, or BCP Contractors, and the remainder of this Clause 8 shall not apply to such liability.
8.2 To the extent that BCP is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Web Site Services, BCP's entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
8.3 BCP shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for:
8.3.1 Any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
8.3.2 Any loss of goodwill or reputation;
8.3.3 Any loss of data; or
8.3.4 Any special, indirect or consequential loss.
8.4 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
8.5 The Web Site may contain links to third party web sites which are controlled and operated by parties other than BCP. The links will let you leave the Web Site and BCP is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by BCP of the linked site. If you decide to access linked third party web sites, you do so at your own risk.
9.1 You may send a legal notice to BCP, or any questions you may have concerning these User Terms by e-mail to email@example.com or by post to BCPublications, 27 Norwich Road, Halesworth, Suffolk IP19 8BX. Such notices will be effective within 3 days of receipt by BCP.
9.2 BCP may send you notice by general notice on this Web Site, by e-mail to your e-mail address on record with BCP, or by post to the geographical address on record with BCP. Such notice will be effective if sent by e-mail or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by BCP.
10.1 For the purposes of Clauses 1.4, 1.5, 3, 6.3, 7, 8 and 10.8 of these User Terms, BCP shall mean any BCP Group Company which means, an BCP subsidiary or holding company, or a subsidiary of that holding company all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989
10.2 These User Terms form the entire agreement between you and BCP and supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services.
10.3 BCP reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. BCP will provide notice of the changes to the User Terms for 30 days after posting the amended User Terms on the Web Site. Your continued use of the Web Site or the Web Site Services following BCP's posting of such changes will be regarded by BCP as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future.
10.4 Nothing in these User Terms affects your statutory rights as a consumer.
10.5 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
10.6 You acknowledge that BCP has entered into these User Terms for its own benefit and for the benefit of each BCP Group Company (as defined in Clause 10.1 above) and these User Terms are intended to be enforceable by each BCP Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
10.7 Subject to Clause 10.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
10.8 If BCP or any BCP Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of BCP or the BCP Contractors, neither BCP nor any BCP Contractor will have any liability for that failure to perform.
10.9 Your use of the Internet is solely at your risk and subject to all applicable laws, and BCP has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
10.10 Unless otherwise specified on this Web Site, the BCP Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. BCP makes no representation that any BCP Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
10.11 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.
Subscription Terms & Conditions
If you do not agree with any part of these terms and conditions do not place an order. If you have any questions please contact Arts Industry on 01986 834250 or, email: firstname.lastname@example.org
1 Contracting Party
Your subscription contract will be fulfilled by BC Publications, 27 Norwich Road, Halesworth, Suffolk IP19 8BX , together with its agents and sub-contractors.
2 When the subscription contract is formed
When you click "Submit Order" to submit your order on-line, or you fax, post or telephone us with details of your order, you are making an offer to take out a subscription which if accepted by us, will result in a binding contract. If placing your order on-line your credit/debit card will be debited when you click "Submit Order". Although you will either see a page or receive an email if you have supplied your email address acknowledging that your order has been received successfully and is being processed, the contract between us is not formed at this point. A legally binding contract is formed on the date we send you written confirmation of your order.
You will receive this written confirmation within 14 days of submitting your order in the form of an email confirmation or an acknowledgement letter.
We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect postal address or email address.
We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.
3 Right to refuse orders
We reserve the right not to fulfil and to cancel orders:
3.1 In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;
3.2 if we are unable to obtain payment authorisation from the issuer of your payment card.
We will deliver the magazines to the address you notify to us when you place your order. You agree that we will not be responsible for failure to deliver the magazines if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.
5 Delay in delivery and non-delivery
We will not be liable to you for any delay in delivery or non-delivery of magazines in the following circumstances:
5.1 Where the issuer of your payment card refuses to authorise payment to us;
5.2 Where such delay or failure is due to circumstances beyond our control or the control of our sub-contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
6 Cancellations and Refunds
6.1 Where a minimum term of 12 months is advertised cancellations are not permitted until the end of this initial period and we will not issue you a refund. Should you wish to cancel after the minimum term, please contact our customer care team in writing (see contact details below).
6.2 For all other subscriptions or after the minimum term of your subscription, you may cancel your subscription contract at any time by notifying our customer services team in writing. See contact details below. We will refund you the cost of the issues not yet issued to you at the time you notify us of your wish to cancel.
6.3 Credit Card Refunds: please note that all credit card refunds will be issued in sterling. Your Credit Card company will convert the sterling amount into your local currency and may charge an additional fee for completing the transaction. If you have any queries about credit card refunds kindly contact email@example.com
7 Price Information
Prices displayed on the subscriptions section of the website will prevail at all times in relation to orders placed on-line. Prices quoted on screen include delivery charges and taxes (where applicable).
Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.
8 Credit Card Payment
If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking "Submit" you are confirming that you have obtained the express prior permission of the credit/debit card holder.
Our liability to you in the event of magazines being lost in despatch shall at our discretion, be limited either to replacement of the missing issues or refund of the cost of the missing issues. To the extent permitted by law we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents. These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
10 Third Party Rights
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.
11 Use of Personal Information
We use the personal and transactional information (e.g. name, address, e-mail address, credit card details) ("Personal Information") you supply to us in order to fulfil your subscription order.
12 Unauthorised access to personal information
Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use
If any of our magazines are put on sale in the UK containing a covermount gift or a supplement, you are not guaranteed to receive these covermounts or supplements. Magazines delivered to overseas addresses may not contain covermount gifts or supplements.
These Terms and Conditions are subject to change.
15 Prize Draw and Competition Rules
All prize draws and competitions which are associated with our magazine subscription offers are subject to separate terms and conditions. For the avoidance of doubt, such prize draws and competitions are only open to you if you are able to supply us with a billing address in the UK.
16 Subscription gifts.
(1) From time to time BCP will run subscription offers on its titles for new subscribers which may include incentive gifts. These gifts will not be
available for magazines delivered to overseas addresses.
(2) Gifts are subject to availability and strictly limited on a first come first serve basis
17 Subscription Term
If the magazine ordered changes frequency per annum, we will honour the number of issues paid for, not the term of the subscription.
18 Governing Law and Jurisdiction
These Terms and Conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.
19 Entire Agreement
These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by you with us.
If you have any queries or comments about your subscription please contact BC Publications
Telephone: + 44(0) 1986 834250 or email: firstname.lastname@example.org
Post: BC Publications, 27 Norwich Road, Halesworth, Suffolk IP19 8BX
Arts Industry magazine Terms and Conditions
These Terms and Conditions apply to the use by you of this Web Site and any other subscription product or service offered for sale (Arts Industry magazine) on this Web Site by BC Publications ("BCP"). The right to use any product or service offered by BCP is personal to you and is not transferable to any other person or entity.
2) Subscription Services
A) Subscription Services: BCP makes available to users certain online subscription services. The following terms and conditions shall apply in the event of your acceptance of any promotions offered by BCP on this Web Site (the "Subscription") or if you use the Web Site or send us an e-mail or a fax in order to pay your bill by credit card or to up-date your subscription details.
B) Subscription Terms: The Subscription will continue until BCP receives notification of termination from you as described in sub-clause D below or until your Subscription comes to its expiry date. You authorise BCP to charge to the credit card account designated by you during the registration process, the price of the Subscription offer that you have accepted. If you renew your Subscription, you authorise BCP to charge the new Subscription fee to the credit card account you have designated. The new Subscription fee will be determined according to the terms of the Subscription renewal offer you have accepted. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period.
If you ordered in response to a free trial period offer, you may cancel the Subscription and avoid a charge to your credit card account by cancelling before expiration of the trial period. Depending on the offer you have accepted, your Subscription may be automatically renewed. If not, you will be notified shortly before the expiry datethat your Subscription is nearing its end, and you will be requested to accept an offer for renewal of the Subscription for a further term.
At all times, you must provide BCP with accurate, complete and up-to-date information as to your name, address and other personal details. Credit card account information which may have been provided by you at registration, or which may have been requested by BCP in order for your bill to be paid, must also always be accurate, complete and up-to-date. Failure to comply with this requirement shall constitute a breach of these Terms and Conditions.
C) Changed Terms: BCP shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Web Site a revised version of these Terms and Conditions or notification by electronic or conventional mail. You agree to review the terms and conditions periodically to be aware of revisions. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.
If any change is unacceptable to you, you retain the right to terminate your Subscription as provided in sub-clause D below. If you do not exercise this option, your Subscription will continue until it comes to its expiry date.
Please note that you may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
D) Termination: Your only right with respect to any dissatisfaction with
(i) these Terms and Conditions, (ii) policy or practice of BCP in operating this Web Site, (iii) content available through the Subscription or change therein, or (iv) prices or billing methods, or change to any of the foregoing is to terminate these Terms and Conditions, which will automatically result in termination of your Subscription and relationship with BCP. You can only terminate by sending written notice to us.
Notice of termination will be effective upon receipt by BCP. In the event that you terminate the Terms and Conditions and you have a current Subscription with us, BCP may (depending on the offer you have accepted from us) provide you with either (a) a full refund in relation to any monies already paid or (b) a pro rata refund of an amount equating to the value of the proportion of your Subscription which you have not yet received.
BCP has the right to immediately terminate these Terms and Conditions and its relationship with you where it reasonably considers your usage of the Web Site or Subscription services to be unacceptable or in the event of any breach by you of any of these Terms and Conditions. In the event that BCP terminates the Terms and Conditions and you have a Subscription with us, you will not receive any refund of monies paid to date for the Subscription services.
27 Norwich Road
Tel: 01986 834250