PUBLISHING SERVICES INTERNATIONAL LIMITED TERMS AND CONDITIONS
Welcome to the website (“Site”). Please read these Terms and Conditions carefully before using, or submitting any comments or content in any form or medium for publication on the Site. These Terms and Conditions, together with the Privacy Policy listed on the Site and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Site (“Conditions”) govern the way you may access the Site or any related site in several ways, including but not limited to the web, PDAs, mobile phones, tablets and RSS feeds. These Conditions apply whenever you access the Site both now or in the future, regardless of how you access the Site.
Your use of this site
- 1. Publishing Services International Limited of 1st Floor, 29-33 Bucks Road, Douglas, Isle of Man is the publisher of the Site (“Publisher”). The Publisher takes full and sole responsibility for all content, stories and material (including election material) published on the Site.
- 2. The Publisher does not own the domain name(s) listed on the Site or any other related domain name linked to or associated with the Site (“URL’s”).
- 3. The owner of the URL's takes no responsibility for and disclaims any liability for any information or material published on the Site(s) and any related or associated Site in any form, at any time both now and in the future.
- 4. Users of the Site, including contributors who submit content for publication on the Site (“Users”) agree to abide by and be bound by the Conditions, which are subject to change at the Publisher’s sole discretion. The Publisher reserves the right to change the Conditions at any time, and your continued use of and access to the Site indicates your acceptance of these Conditions, and any changes as they exist at any time. Unless explicitly stated otherwise, any new features or functionality that enhances the Site shall be subject to the Conditions. Even though Conditions may be changed and new Conditions imposed, these Conditions may not be necessarily be posted on the Site. If you object to any changes to the Conditions, your only remedy is to immediately discontinue use of the Site.
- 5. Whilst the Publisher shall make reasonable endeavors to ensure that the Site is available continuously, the Publisher does not make any representations or warranties that your access will be uninterrupted, timely, secure, or error free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond the Publisher’s control. The Publisher reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Publisher shall not be liable to you or any third party for any such modification, suspension or discontinuance of the site. In addition, the Publisher reserves the right to terminate your access to the site for any reason, and to take any other actions that the Publisher, in its sole discretion, believes to be in the interest of the Publisher and of the Users of the Site as a whole.
- 6. Except as expressly provided otherwise in the Conditions, the Publisher reserves the right to change or discontinue any website, feature or service (or part thereof) on the Site at any time.
- 7. Except as expressly provided otherwise in the Conditions, the Publisher reserves the right to change the pricing for any chargeable service or feature on the site at any time without providing notice to you.
- 8. To access or use certain parts of the Site, you may be asked to register as a member of the Site and/or a particular website that forms part of the Site. Generally, registration is free. When registering as a member, you must provide the Publisher with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform the Publisher of any changes to your registration information. You must not register as a member multiple times. You must not impersonate or create a membership for any person other than yourself. The Publisher may at any time request a form of identification to verify your identity. You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorized use of your credit card). You must notify the Publisher immediately if you become aware of any unauthorized use of your membership details. You must not permit your membership details to be used by or transferred to any other person. The Publisher reserves the right to, in its sole discretion, to suspend or terminate your membership or access to all or any part of the Site, including if the Publisher believes you are abusing the services in any way, have breached the Conditions or are no longer an active member.
- 9. You must not:
- 9.1 Use the Site in breach of any applicable laws or regulations;
- 9.2 Use the Site (or Material obtained from the Site):
- (a) to transmit (or authorize the transmission of) junk mail, chain letters, unsolicited emails, instant messaging, spimming or spamming.
- (b) to impersonate any person or entity.
- (c) to solicit money, passwords or personal information from any person.
- (d) to harm, abuse, harass, stalk, threaten or otherwise offend others, or
- (e) for any unlawful purpose.
- 9.3 Use the Site to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
- (a) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person.
- (b) contains, promotes, or provides information about unlawful activities or conduct.
- (c) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability.
- (d) exploits another person in any manner.
- (e) contains nudity, excessive violence, or sexual acts or references.
- (f) includes an image or personal information of another person or persons unless you have their consent.
- (g) poses or creates a privacy or security risk to any person.
- (h) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
- (i) contains large amounts of untargeted, unwanted or repetitive content.
- (j) contains restricted or password only access pages, or hidden content.
- (k) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
- (l) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorized by the Publisher); or
- (m) contains financial, legal, medical or other professional advice.
- 9.4 Interfere with, disrupt, or create an undue burden on the Publisher or the site.
- 9.5 Use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Site.
- 9.6 Use the Site with the assistance of any automated scripting tool or software.
- 9.7 Frame or mirror any part of the Site without our prior written authorization of the Publisher.
- 9.8 Use code or other devices containing any reference to the Site to direct other persons to any other web page.
- 9.9 Except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so, or
- 9.10 Delete any attributions or legal or proprietary notices on the Site.
- 10. Your use of the content on the Site is restricted:
- 10.1 Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Publisher’s site or any content thereon, except as permitted under the last sentence of this Section 11.1 and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 11.1), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as the Publisher from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, the Publisher respects the right of others to make “fair use” of the materials contained on The Publisher’s site. Accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.
- 10.2 The Publisher is concerned about the integrity of the Site when it is viewed in a setting created by a third party that includes advertising or other materials that the Publisher has not authorized to be displayed with the content on the Publisher’s site. Neither you nor any third party shall make use of the contents of the Publisher’s site in any manner that constitutes an infringement of the Publisher’s rights, including copyright or that has not been authorized by the Publisher.
- 11. By uploading, transmitting, posting or otherwise making available any Material via the Site, you:
- 11.1 Grant the Publisher a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit the Material on the Site and any related site in any form and for any purpose;
- 11.2 Except where expressly stated otherwise, also grant each user of the Site and any related site a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
- 11.3 Warrant that you have the right to grant the abovementioned licenses;
- 11.4 Warrant that the Material does not breach the Conditions; and
- 11.5 Unconditionally waive all moral rights which you may have in respect of the Material.
- 12. The Publisher reserves the right (but has no obligation) to:
- 12.1 review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in the Publisher’s opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
- 12.2 monitor use of the Site, and store or disclose any information that the publisher collects, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
- 13. The Publisher is not responsible for, and accepts no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Site by any person other than the Publisher. For the avoidance of doubt, the Publisher will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Site simply by facilitating others to post, transmit or other make Material available. Furthermore, the Publisher does not endorse any opinion, advice or statement made by any person other than the Publisher.
- 14. If you think that the Site has been accessed or used by another user in breach of the Conditions, please email the Publisher at breach@publishingservicesinternational.im . The Publisher will consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision. In particular, if you wish to send the Publisher a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to copyrightinfringement@ publishingservicesinternational.im
- Intellectual Property
- 15. All intellectual property in relation to content on the Site belongs to the Publishers or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on the Site (including all text, photographs, graphics, video and audio content) is protected by international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content. You do not have any right, title or interest in or to any proprietary rights relating to the Site. All individual articles, blogs, videos, content and other elements comprising the Site are also copyrighted works, and the Publisher (subject to the rights of its licensors and licensees under applicable agreements, understanding and arrangements) has all rights therein. You must abide by all additional copyright notices or restrictions contained on the Site.
- 16. By posting or submitting content on or to the Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving the Publisher, and its affiliates, agents and third party contractors the right to display or publish such content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the Publisher made by you from time to time, you understand and agree that (unless you and the Publisher agree otherwise) the Publisher may, or may permit users to, based solely on functionality provided and enabled by the Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and the Publisher agree otherwise) you shall have no rights with respect thereto and the Publisher or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
- 17. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Publisher to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by the Publisher and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by the Publisher and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Publisher all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage the Publisher or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to the Publisher, the Publisher may authorize such content to be distributed or syndicated to or published on other related branded environments.
- 18. You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by the Publisher. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners' permission.
- 19. Logos that appear on the Site are owned by either the Publisher or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
- Third party websites, content links, advertising and activities
- 20. The Site may feature or display links and pointers to websites operated by third parties on the Site. Such websites do not form part of the Site and are not under the Publisher’s control. The Publisher does not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Site entirely at your own risk. The appearance of those links on this site does not indicate any relationship between the Publisher and that third party or any endorsement by the Publisher of that third party, its site or the products or services which it is advertising on this Site. The Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on the Site should be construed as granting any license or right for you to use that content. You must not link to the Site from any other website (or otherwise authorize any other person to link from a third party website to the Site) without the Publisher’s prior written consent.
- 21. The Site may feature or display third party advertising. By featuring or displaying such advertising, the Publisher does not in any way represent that the Publisher recommends or endorses the relevant advertiser, its products or services. If you contact a third party using functionality provided on the Site, including via e-mail, the Publisher does not accept any responsibility for any communications or transactions between you and the relevant third party.
- 22. From time to time, the Publisher may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. The Publisher does not accept any responsibility in connection with your participation in activities conducted by any third party.
- Liability Indemnity
- 23. You use the Site at your sole risk. The Publisher does not warrant that the Site will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the news, information or other materials available through the Site. The Publisher does not make any warranties, expressed or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Site or any information or goods that are available or sold throughout the Site. The Publisher does not make any representations, nor does the Publisher endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database supplied, uploaded or distributed on the Site or available through links on the Site. The Publisher reserves the right to correct any errors or omissions on the Site. Although the Publisher intends to take reasonable steps to prevent the introduction of viruses, worms, ‘trojan horses’ or other destructive material to the Site, the Publisher does not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain such destructive features. The Publisher is not liable for any damage or harm attributable to such features. If you rely on the Site and any materials available through the Site you do so solely at your own risk. The Publisher does not warrant the accuracy of the content on the Site, and the content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at the Publisher’s sole discretion and without notice. You recognize that the Site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by the Publisher or by third parties. Due to the number of sources from which content on the Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including market data, is for your reference only and should not be relied upon by you for tax or investment advice and it does not advocate the purchase or sale of any security or investment. Information created by third parties that you may access on the Publisher’s site or through links is not adopted or endorsed by the Publisher and remains the responsibility of such third parties.
- 24. The Publisher does not necessarily hold the opinions expressed by content contributors. Opinions and other statements expressed by Users and third parties (e.g., bloggers) are theirs alone, not opinions of the Publisher. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Site, the Publisher is not undertaking any obligation or liability relating to the content. The Publisher and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate or unlawful content. The Publisher and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, the Publisher reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
- 25. The Publisher will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
- 26. The Publisher does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that the Publisher or the server that makes it available, are free of viruses or bugs. The Publisher is not responsible for the availability or content of other services that may be linked to the Publisher’s site. Because the Publisher has no control over such services, you acknowledge and agree that the Publisher is not responsible for the availability of such external services, and that the Publisher does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that the Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
- 27. The Publisher may be legally compelled to disclose certain Information. You agree that in the event the Publisher receives a subpoena issued by a court or from a law enforcement or government agency, the Publisher shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
- 28. To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of the Publisher, for any breach of a term or condition implied by law is limited at the Publisher’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again. The Publishers liability to you is Limited. The Publisher and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against the Publisher shall be limited to the amount you paid, if any, for use of our site.
- 29. You will be responsible for any harm the Publisher suffers as a result of your violation of these Terms and Conditions or any breach by you of your representations and warranties. You agree to indemnify and hold harmless the Publisher and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. The Publisher reserves the right to take over the exclusive defense of any claim for which the Publisher is entitled to indemnification under this Section 7. In such event, you shall provide the Publisher with such cooperation as is reasonably requested by the Publisher.
- 30. To the extent permitted by law, the Publisher excludes all conditions and warranties relating to your use of the Site that are not expressly set out in the Conditions.
- 31. To the extent that the Publisher’s liability for breach of any implied warranty or condition cannot be excluded by law, the Publisher’s liability will be limited, at the Publisher’s option, to:
- (a) in the case of goods supplied or offered by the Publisher:
- (1) the replacement of the goods or the supply of equivalent goods;
- (2) the repair of the goods;
- (3) the payment of the cost of having the goods replaced; or
- (4) the payment of the cost of having the goods repaired.
- 32. In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by the Publisher, the Publisher’s liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
- 33. In no circumstances will the Publisher be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Site.
- Disclaimer
- You use the Site at your sole risk. Except where expressly stated otherwise, Material on the Site is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. The Publisher does not make any representation or warranty that any Material on the Site will be reliable, accurate or complete, nor does the Publisher accept any responsibility arising in any way from errors or omissions. The Publisher will not be liable for loss resulting from any action or decision by you in reliance on the material on the Site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
- You acknowledge that the Publisher is not responsible for, and accepts no liability in relation to, any other users' use of, access to or conduct in connection with the Site in any circumstance.
- Severability
- If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
- No waiver
- No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
- Affirmation regarding age
- By using the Site, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
- Applicable law
- These Conditions shall be construed in accordance with and governed by the laws of the Isle of Man. You consent to the exclusive jurisdiction of the courts in the Isle of Man to determine any matter or dispute which arises under the Conditions.
- Definitions
- In these terms and conditions:
- a) "Conditions" means these terms and conditions, together with the Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Site.
- b) "Material" means text, illustrations, photos, audio, video, or any combination of these or other material.