Meanings and definitions used in this Agreement:
“Agreement” – means this agreement for users of the Site;
“Discussion Forums” – means the chat areas, bulletin-boards or forum facilities provided on the Site;
“essential magazine” – means; Publicaciones Independientes Costa del Sol S.L. of Complejo La Poveda Blq. 3 1ª, CN340, Km 178.2, Marbella, Malaga, Spain.
“Service” – means the service(s) provided by the Site;
1. Introduction to Agreement
This Site is owned and operated by essential magazine.
This Agreement governs the use of the Site and Service produced by essential magazine, including participation in the Discussion Forums.
The Service is designed to provide a forum, enjoyable for all, for the exchange of opinions, comments and information and, therefore, essential magazine requires its users to abide by the rules of this Agreement. Your use of the Service will constitute your agreement to comply with these rules.
If you do not agree with the rules contained in this Agreement, you should not use the Service.
Essential magazine may modify this Agreement from time to time and notice of revisions to this Agreement will be posted here. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it’s wise to check this page regularly.
We may terminate your access to the Service, without notice, in addition to our other remedies if you fail to follow this Agreement and the Service’s rules.
2. Use of the Service by You
2.1. Essential magazine or its licensors owns all material on this Site. You may retrieve and display content from this Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service.
2.2. You acknowledge that all magazine brands are trade marks and that you may not use them without prior written permission from essential magazine.
2.3. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service. You agree not to use any obscene, indecent or offensive language, or to place on the Service any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
2.4. Other than connecting to essential magazine’s servers by HTTP requests using a Web browser, you may not attempt to gain access to essential magazine’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
2.5. You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service.
2.6. You acknowledge that essential magazine has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
3. Information and Availability
3.1 While essential magazine takes every care to ensure that the information on this Site is accurate and complete, some of it is supplied to essential magazine by third parties and essential magazine is unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors interruptions and delays may occur in the service at any time. Accordingly, essential magazine’s Site is provided “as is” without any warranties of any kind and essential magazine does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
4.1. Any third party web site that links to this Site must not: create a frame or any other browser or border environment around the content of this site; imply that essential magazine is endorsing it or its products or services; use any essential magazine trade mark displayed on any essential magazine Site without permission from essential magazine; infringe any intellectual property or other right of any person; be a web site that contains content that could be construed as distasteful, offensive or controversial.
4.2. Essential magazine expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.
4.3. On these Sites you may be offered automatic links to other sites. Whilst essential magazine hopes you will be interested in those other sites, you acknowledge that their owners may be independent from essential magazine and essential magazine does not endorse or accept any responsibility for their content.
5. Use of Material Posted by You
6. Copyright Complaints
6.1. Essential magazine respects the intellectual property of others, and we ask our users to do the same. essential magazine may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others.
6.2. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact essential magazine immediately.
7. Competitions and Prizes
These rules apply to all prize promotions including free draws, prize competitions and instant win offers.
7.1. From time to time essential magazine will run competitions, free prize draws and promotions on this website. These may be subject to additional terms that will be made available at the time.
7.2. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
7.3. Essential magazine and the promoter reserve the right to substitute the prize for another prize of equal value.
7.4. NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on the promotional activity with a specific competition.
7.5. By entering the prize draw, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the promotion.
7.7. It is assumed that by entering competitions which, if won, could result in time off work, your employer is in agreement to time off. When dates are specified they can not be altered.
7.8. Winners will be notified by email on the day of the draw. Winners have five (5) business working days to respond in full to the email or another winner will be drawn.
7.9. By entering the promotion, the winner(s) consent to any publicity generated as a result of the promotion, and use on websites, magazines or mobile services at any time.
7.10. Prize draws are not open to employees of essential magazine, the promoter and their immediate families, the promoters advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the promotion.
7.11. The Site’s Webmasters’ decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
7.12. Only one entry per person. Spammers will be disqualified.
7.13. Essential magazine will not accept responsibility for lost through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
7.14. The promotional draws are held by Publicaciones Independientes Costa del Sol S.L. at Complejo La Poveda Blq. 3 1ª, CN340, Km 178.2, Marbella, Malaga, Spain or the promoter, as stated.
7.15. Details of the winner(s) can be obtained by sending a SAE marked Essential Magazine, Complejo La Poveda Blq. 3 1ª, CN340, Km 178.2, Marbella, Malaga, Spain within 21 days of the closing date of the promotion.
7.16. Where essential magazine runs a competition with a promoter such that the promoter is responsible for the selection and/or the provision of prizes then essential magazine shall not be responsible for or have any liability for the provision of such prizes.
7.17. These terms and conditions shall be governed by and construed in accordance with Spanish law.
8. Other Promotions
From time to time, essential magazine (or selected third parties) may include competitions, promotions or other offers on these Sites. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
9. Materials Provided by Others
9.1. You agree that essential magazine is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
10. Trade marks
10.1 All magazine trade marks are trade marks of essential magazine and may be registered in certain jurisdictions. All other trade marks used on this Site are the property of their respective owners.
11.1. You agree to indemnify essential magazine and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and to hold them harmless from any and all claims, demands and liabilities (including legal fees) that may arise from your submissions or provision of content, from your unauthorised use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising through your use of the Service or any other violation of the rights of another person or party.
12. Editing and Deletions
12.1. Essential magazine reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users in the Discussion Forums or elsewhere on the Site, in its sole discretion and without notice.
13. Additional Rules
13.1. Essential magazine reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Service. Such additional terms and conditions will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional terms and conditions.
14. Disclaimer of Warranty and Limitation of Liability
14.1. YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE SITE AND ANY OF ITS SERVICES AT YOUR OWN RISK. THE SITE AND ITS SERVICES ARE PROVIDED “AS IS,” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ESSENTIAL MAGAZINE AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE AND ITS SERVICE.
14.2. ESSENTIAL MAGAZINE AND ITS AFFILIATES MAKE NO WARRANTY, IMPLIED OR EXPLICIT, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY, NOR THAT THE CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER ESSENTIAL MAGAZINE NOR ITS AFFILIATES NOR ANY PARTICIPANT IN THE SITE AND ITS SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
14.3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE ESSENTIAL MAGAZINE AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.4. ESSENTIAL MAGAZINE’S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY ESSENTIAL MAGAZINE’S NEGLIGENCE.
17.1. ESSENTIAL MAGAZINE HAS THE RIGHT TO TERMINATE YOUR ABILITY TO ACCESS THE SITE AND ITS SERVICE, FOR ANY REASON, WITHOUT NOTICE.
16. Choice of Law and Jurisdiction
16.1. You agree that this Agreement, for all purposes, shall be governed by and construed in accordance with Spanish law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the Spanish courts as regards any claim or matter arising under this Agreement.
16.2. For the exclusive benefit of essential magazine, essential magazine shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
17.1. From time to time, our Site may publish articles or features, which some site visitors may find offensive. essential magazine does not intend to offend and suggests that Site visitors who find the tone or content of the Site offensive, no longer visit the Site. No responsibility is taken for any offense caused.
17.2. This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.
17.3. If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect.
17.4. Failure of either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
Please leave the Site and its Service now if you don’t agree to the terms contained in this Agreement.