TERMS & CONDITIONS
In these conditions, unless the context requires other wise:
1 “GMC Group website’ means thegmcgroup.com, blackandwhitephotographymag.co.uk, and any other website established by GMC Group’
2. Application of these conditions of use
By accessing or using any part of The GMC Group website you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use The GMC Group website.
We may change these conditions at any time without any notice to you. By your continued access and use of The GMC Group website you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
3. Copyright and database right
Except where otherwise noted, GMC Group owns legally and beneficially all the intellectual property rights in the content of all The GMC Group website pages (including the design, text, graphics and arrangements thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as The GMC Group website Search results which are extracted from a compilation owned by GMC Group LLC.
4. Trademarks and intellectual property
“The GMC Group website” and all other trademarks and intellectual property cited anywhere on The GMC Group website are the property of their respective owners. ‘Intellectual property’ includes the trademarks, patents, designs, copyrights logos, whether registered or unregistered registered or unregistered designs utility models copyrights including design copyrights applications for any of the foregoing and the right to apply for them in any part of the world discoveries creations inventions or improvements upon or additions to an invention confidential information know-how and any research effort relating to any of the above mentioned business names whether registerable or not moral rights and any similar rights in this country or any other country logos promotional material and website addresses belonging to their respective owners
5. Permitted uses
Save as provided below, no materials from The GMC Group website may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
GMC Group takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.
Subject to applicable third party content providers’ licences, you are allowed to access The GMC Group website database, to make a copy of the results of any searches made in that database, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business.
For the avoidance of doubt and without limitation, you are expressly prohibited from:
- modifying the data or other material from The GMC Group website (“the Data”) or merging the Data with any other data;
- selling or trading in materials copied from the Data;
- using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4
- providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
- issuing questionnaires, reply cards or similar for the purpose of data capture or verification;
- permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;
- using the Data;
- For any unlawful purpose or purpose that is likely to bring any part of GMC Group into disrepute or to cause any part of GMC Group embarrassment.
- To send any message or communication which is offensive, abusive, indecent, obscene or menacing.
- In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
- As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.
6. No licence
Except as expressly provided, nothing contained in these conditions or anywhere on The GMC Group website shall be construed as conferring any licence under any of GMC Group’ or any third party’s intellectual property rights.
7. Disclaimer of representations and warranties
The GMC Group website is provided by GMC Group on an “as is” and “as and when available” basis to users. You use The GMC Group website at your own risk.
GMC Group and its associated content provider organisations make considerable efforts to make information made available via The GMC Group website as accurate as possible but no warranty or fitness is implied.
Neither GMC Group nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
- that The GMC Group website will be uninterrupted or error-free;
- that The GMC Group website or the computer server from which The GMC Group website is made available, are free of viruses or other harmful components;
- to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through The GMC Group website
GMC Group makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
- The GMC Group website, its content, merchandise, services, documents, information, items or materials provided by GMC Group in connection with the use of The GMC Group website; or
- any goods or services or information received through or advertised on The GMC Group website or received through links provided on The GMC Group website;
including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
No oral advice or written information given by GMC Group or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
8. Advice not provided
The GMC Group website is a site intended to give members of the public access to information on the GMC Group website. GMC Group is not an agent for and does not vouch for, recommend or guarantee those persons, companies and other organisations whose goods or services may be displayed or referred to in The GMC Group website, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations or members.
GMC Group advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in The GMC Group website.
The GMC Group website may make available certain information provided by third parties. GMC Group recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting, financial services or advice or any other profession, you seek advice from a qualified professional.
9. Limitation of liability
Certain information may be published on this website by GMC Group but please note that by doing so GMC Group is not guaranteeing or holding out that such information is accurate, authentic, up-to-date or correct. Please also note that GMC Group does not offer this information as advice within the meaning of the Financial Services Act 2000 and that in any event GMC Group is not authorised by the Financial Services Authority to give such advice. You should in all circumstances consult your own authorised independent financial adviser for advice concerning such matters and GMC Group accepts no responsibility whatever for reliance on any such information it provides.
Under no circumstances will GMC Group or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of The GMC Group website be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
- the use and reliance on The GMC Group website; or
- the inability to use The GMC Group website; or
- mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to The GMC Group website including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to GMC Group’ records, programs or services; or
- merchandise, products or services received through or advertised on The GMC Group website and merchandise, products or services received through or advertised on any links provided on The GMC Group website; or
- information or advice received through or advertised on GMC Group website and information or advice received through or advertised on any links provided on The GMC Group website; or
- any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using The GMC Group website.
GMC Group is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using GMC Group is done at your own risk and GMC Group shall not be responsible or liable for any damages or loss of whatever kind that may result from transmitting such information. However this clause does not apply to any personal injury or death which results from the same and GMC Group does not seek to limit its liability in relation thereto.
If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and GMC Group with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
11. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England. GMC Group controls The GMC Group website from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing The GMC Group website you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of The GMC Group website. You and GMC Group also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of The GMC Group website accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.
Competition Terms and Conditions
THE GMC GROUP TERMS & CONDITIONS
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/claim instructions are deemed to form part of the terms and conditions and by participating all claimants will be deemed to have accepted and be bound by the terms and conditions. Please retain a copy for your information.
1. The Promoter: GMC Publications Ltd.
2. The Supplier: Please see each individual promotion for details of the prize supplier.
3. Eligibility: This prize promotion is open to reader aged 18 years or over, excluding employees and their immediate families of The Promoter, supplier, associated agents or anyone professionally connected with the prize promotion.
4. Promotional Period: Please see each individual promotion.
5. Entry Instructions: Please see the individual prize promotion for entry details.
6. Only one entry per person per prize promotion unless otherwise stated in the individual promotion. All additional entries will be disqualified.
7. No third party or bulk entries.
8. Incomplete, illegible, misdirected or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. No responsibility can be accepted for entries that are incomplete, lost due to technical reasons, corrupted, delayed, wrongly delivered, or not received for whatsoever reason.
9. Prize: Please see each individual promotion.
10. Winner Selection: Prize draw winner (s)will be selected at random. Skill based entries shall be judged based on the judging criteria, set out in the promotion.
11. Winner Notification: The winners will be notified by email within 30 days of the closing date and will have 14 days from notification to claim their prize. If a winner does not claim their prize within this timeframe the promoter reserves the right to withdraw prize entitlement and will award the prize to a reserve.
12. It is the responsibility of the entrant to provide correct, up-to-date details when entering the prize promotion and acceptance of the prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
13. General: Promoter’s decision is final and binding. No correspondence will be entered into. Entry implies acceptance of these terms and conditions.
14. Prizes must be accepted as offered by the named winner. There is no cash or alternative prizes, in whole or part. The prizes are not transferable and cannot be resold.
15. The Promoter reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.
16. The Promoter reserves the right to verify winners and ask for proof of identity, age and address and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.
17. You agree that if you are a winner, you will take part in and co-operate fully with reasonable publicity and to the use of your name, photograph and any comments in such publicity without any fee being payable.
18. The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these terms and conditions or the spirit of the Promotion.
19. Entry into the Promotion is at the entrant’s sole risk. To the extent permitted by law, neither the Promoter nor Supplier accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Promotion and/or accepting a prize.
20. The Promoter and the Supplier reserve the right to cancel, amend, withdraw, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.
21. The Promoter accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries, winner notifications or prizes.
22. Where a prize is provided by a Supplier, the Promoter accepts no responsibility for inaccuracy of any prize description, and The Supplier is responsible for prize fulfilment.
23. The decisions of the Promoter are final and binding in all matters relating to the Promotion and no correspondence will be entered into.
24. The Promotion and these terms and conditions, and any disputes arising therefrom, shall be subject to English law.
25. Data Protection: Any personal information that entrants share with the Promoter will be kept secure and only used in line with these terms and conditions unless the entrant has opted in to future marketing from the Promoter and/or the Supplier. By entering the promotion, entrants agree that their information may be used by the Promoter to administer the promotion and winners consent to give their name and county for the winners’ list.