General Terms and Conditions Of Use
1. Use Of The Site.
The Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.
All orders and purchases made on the Site will also be governed by these Terms and Conditions. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time and any changes will be notified to you via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
3. Availability of the Site
Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the service will be fault free.
Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to minimise the periods during which access to the Site is restricted for these reasons.
4. Provision of Information
You must ensure that the details provided by you at any time are correct and complete. You must inform us of any change in your details immediately.
All prices are stated in pound sterling. Prices are inclusive of VAT but exclusive of delivery charges.
We reserve the right to change prices listed without notice and also reserve the right to decline to make any part of the Site or paid-for area available to any individual, company or other entity.
Payment will be made online with all major credit and debit cards only.
7. Excluded Services
The services provided by the Site do not include the provision of computer or other necessary equipment to access the Site. To use the Site you will require Internet connectivity and appropriate telecommunications links. We shall not be liable for any telephone or other costs that you may incur.
8. Our Intellectual Property Rights
We, or people we have contracted with, own or are licensed to use all the copyright, database rights or similar rights and information within the Site. You may use the information and reproduce it in hard copy for your personal non-commercial use and reference only. Except where you are using a feature of the Site, such as “e-mail a friend”, for personal non-commercial use and reference only, the information on the Site may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material without our prior written approval. Any hard copies you make must retain all copyright and proprietary notices. You must not alter or try to alter any words, data, image or other item on the Site other than those items that are intended to be completed or changed by you.
Express Newspapers reserve the right to authorise the Newspaper Licensing Agency and similar reprographic rights organisations in other jurisdictions (“RROs”) to distribute or license the distribution of featured material/contributions/commissions throughout the world for RROs’ licensed acts and purposes as amended from time to time.
You may not use the Site for any of the following purposes:
* Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, otherwise objectionable material;
* Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
* Gaining unauthorised access to other computer systems;
* Interfering with any other person’s use or enjoyment of the Site;
* Breaching any laws concerning the use of public telecommunications networks;
* Interfering or disrupting networks or web sites connected to the Site; and
* Making, transmitting or storing electronic copies of the materials protected by copyright without the permission of the owner.
Paid for media monitoring/aggregation services. If you offer a paid for media monitoring/aggregation service or are a user of such a service you require a licence for your use of the content of the Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
* Any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
* Any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
* Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
10. 5Lost’ Liability
The Site is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Site provides content from other Internet sites or resources and while we try to ensure that the material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.
We will not be responsible for any errors or omissions or for results obtained from the use of such information or for any technical problems you may experience with the Site. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
* Incompatibility of the Site with any of your equipment, software or telecommunications links;
* Technical problems including errors or interruptions of the Site;
* Unsuitability, unreliability or inaccuracy of the Site; and
* Inadequacy of the Site to meet your requirements.
You agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
Nothing in these Terms and Conditions shall exclude our liability for personal injury or death caused by its negligence.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
11. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship.
12. Governing Law
These terms and conditions are governed and construed in accordance with the laws of US. You agree that the English court shall have exclusive jurisdiction but we may use another court if we choose.
Unless otherwise specified, the Site is directed solely at individuals from the UK. If you choose to access the Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
The comments and information contained on this web site do not constitute advice and you should not rely on any content on this web site to make (or refrain from making) any decision or take (or refrain from taking) any action.
5Lost does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this web site or the reliability of the access to this web site.
This web site contains comments, information and material submitted and created by third parties. 5Lost does not endorse and has no control over this content. This content is not necessarily reviewed by 5Lost prior to posting and does not necessarily reflect the opinions or policies of 5Lost. 5Lost excludes all liability for any illegality arising from or error, omission or inaccuracy in such material and 5Lost takes no responsibility for such material. 5Lost makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other users of the site. 5Lost is not responsible for the conduct, whether online or offline, of any user of the 5Lost website.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found 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.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right to remedy of a third party which exists or is available apart from the Act.
The Site is owned and operated by 5Lost a company registered in US whose registered office is at 512 Primrose Rd, Burlingame, CA 94010.
UK subscriptions may not include promotional items or supplements available on certain issues at retail outlets. Certain subscription offers for new subscribers may include a free gift. These gifts will not be available for magazines delivered to overseas addresses. Gifts are subject to availability and strictly limited on a first come first serve basis. Overseas subscriptions are for the magazine only and do not include promotional items or supplements available on certain issues in the UK.
The magazine(s) selected cannot be exchanged for any other title through the website. A magazine subscription can be cancelled at any time during the subscription term and a refund of any unmailed issues will be made.