Edon Publishing Ltd

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Legal Terms & Conditions

Legal Terms & Conditions

Revised 22 April 2009

By accessing (which includes browsing and any use, by the employment of any device or by any means), www.edonpublishing.co.uk or its associated websites (including but not limited to www.reenactingww2.co.uk, all of which sites are known collectively and/or individually in these Terms as the "Website") you are agreeing to be legally bound by these terms as modified from time to time ("Terms").

Before using the Website it is your responsibility to read the Privacy Policy and to notify us in the manner set out in the Policy if you do not want us to collect information about you, and to reject any cookies in the manner set out therein.

1. Use of Website
The Website is owned and operated by Edon Publishing Limited (in these Terms "EPL" means Edon Publishing Limited and its holding and associated companies). EPL reserves the right to suspend or terminate your access to the Website at any time, with or without notice or explanation.

2. Rights
All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form ("Content") belong to EPL or its licensors. All rights are hereby reserved.

3. Use of Content
The Website and the Content may only be used for your personal, non-commercial use.
For this purpose alone you may retrieve and display the Content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper and store files in electronic form on disc, but not on any server or any other storage device connected to a network where the Content could be accessed by other users.
Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of EPL. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person.
You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove any such notice or restriction, or alter the Content in any way.

4. Licence to reproduce Content
If you wish to re-publish, re-distribute or exploit the Content in any way you should address a request for permission to EPL at
e-mail: info@edonpublishing.co.uk; telephone: +44 (0)1892 82 2569
EPL cannot guarantee that any such permission would be forthcoming or on what terms.

5. Links from other sites
Third parties are permitted to link to stories within EPL websites, using the URL and quoting the headline and the source website. Content must not be reproduced on a third party site without express authorisation from us.
A third party must ensure that nothing on its own web site suggests or could be understood to imply that any part of the Website is part of its own web site unless the third party has obtained the prior written approval of EPL.
EPL reserves the right to withdraw any permission without explanation or notice if in its sole judgement use of such links is excessive or inappropriate. EPL also reserves the right to change the location and nature of files within the Website without explanation or notice; it is the responsibility of the third party to check and update links.
Third parties must not deep-link to, or frame or use other techniques to enclose any part of the Website.
 
6. Limitation of liability and indemnity
EPL obtains the Content from a wide range of sources and the Content includes facts, views, opinions and information which may be of interest to users of the Website.
While all reasonable care is taken, we do not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third party website linked from it (including without limitation any website with which we have a commercial association) is at your own risk, and to the extent permitted by law EPL excludes all liability.
The Content should only be used for your general information and use and not by way of specific recommendation or advice.
Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on medical, investment, tax, financial, legal and other professional matters.
EPL does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination, or that the Website is compatible with any computer systems, software and browsers.
All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
Advertising or promotional material submitted by third party advertisers, sponsors or promoters is viewable on the Website. The advertisers are solely responsible for that material, including ensuring that it complies with all applicable legislation and regulations. EPL is not responsible for such material.
EPL shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from use of the Website directly caused by the negligence of EPL.
EPL excludes liability to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or the Content or to any breach of the terms by EPL, even if EPL has been advised of the possibility of such damages and even in the event of fault or strict liability.
You agree that, subject to the forgoing terms of this Term 6, your exclusive remedy and only recovery for any damage you incur, shall be limited to the direct damages (if any) you actually incur in reasonable and exclusive reliance on the Website or Content, and for which we may be held liable by a competent court, of up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the Content in total during the month in which the damage first incurred.
You agree to indemnify EPL against all costs, claims, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach of the Terms by you and any negligence or breach of duty by you.

7. Links to third party sites
This Website contains links to other web sites operated by parties who are wholly separate from EPL. Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party's website URLs, or are otherwise indicated as such by EPL. Such links are provided for your convenience and reference only and you access them at your own risk. EPL cannot be held responsible in any way for the content, operation or availability of such websites.

8. Co-branded sites
In addition to the provisions of Term 7, some third party sites to which links are provided are "co-branded" sites which are operated by third parties with whom EPL has a commercial association, including sites by means of which you can make payment for use of the Website or associated services. If you wish to make any purchases or enter any financial dealings on a co-branded site, you will be entering a contract with the relevant third party operator who will ask you to supply information about yourself and on your financial affairs, including your bank or credit card details. The third party operator will have their own terms and conditions and privacy policy and it is up to you to indicate your consent or otherwise to the use that the third party proposes to make of your personal data. While we select our trading partners with care, EPL cannot be held liable for any loss or damage whatsoever which you may suffer as a result of your decision to enter any dealings or transactions with, or supply personal information to, a trading partner or any third party.
Your attention is drawn to the Privacy Policy.

9.Competitions, prize draws and promotions
EPL may on occasion run competitions or prize draws either on its own behalf, for other parties or in conjunction with commercial partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition.

10. Submission of content to the Website
If you submit any material to this Website (including without limitation any text, graphics, pictures, video or audio) you agree thereby to grant EPL a non-exclusive, perpetual, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content.
If you do not wish to grant such rights to EPL, you should not submit a contribution to the Website.
By submitting your contribution to the Website, you warrant that such contribution is your own original work and that you have the right to make it available to EPL for all the purposes specified above, that it is not defamatory or obscene, and does not infringe any law or regulatory provision or any person/s rights in any jurisdiction. You accept that breach by you of these warranties may cause loss or damage to EPL and you indemnify EPL against all legal fees, damages and other expenses that may be incurred by EPL as a result of your breach of the above warranty. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.
EPLaccepts no liability for any content submitted by third parties. Users of the Website accept that we may not pre-screen the content submitted by users, and we reserve the right to remove at any time and without giving reasons or notice any material you or other users have supplied. EPL reserves the right to monitor any communications you make on the Website and by submitting any material or making any such communication you thereby consent to such monitoring.

11. Changes to these Terms
EPL reserves the right to make changes to any part of the Website and to add to or change these Terms or the Privacy Policy, and all such changes become effective as soon as they are posted. It is your responsibility to refer to the Terms whenever you access the Website. Every time you access the Website you agree to be bound by the Terms and the Privacy Policy as varied or amended from time to time.

12. English Law
By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content.

Photographic Model Release Forms - upon signing any photographic consent forms the model/s affirm that their images will be used exclusively for EPL promotions and as such enters them into a legally binding contract. Where EPL utilise a third party photographer the above will also remain in force. the images will be used for the set time period agreed to each and individual consent form signed.

Advertising Terms & Conditions

Conditions of Acceptance

1. These conditions shall apply to all advertisements and inserts for publication or distribution. No contract shall be made until the Publisher has accepted an order placed by the Advertiser. Any other condition proposed by the Advertiser shall be void unless agreed in writing by the duly authorised representative of the Publisher. Edon Publishing Limited accepts no verbal conditions or agreements to be attached to this order. Any/all such agreements must be referred to in writing on this form.
2. Advertising rates will be at the Publisher’s full rate card value ruling from time to time unless otherwise agreed by the Publisher, in writing. The Publisher hereby reserves the right to increase ad rates at any time.
3. Series discount apply only to orders placed in advance and completed within one year of first insertion. If the Advertiser cancels the balance of the series, all unearned discount shall be paid by the Advertiser. The Advertiser will not be surcharged if the Publisher cancels the balance of the series.
4. Credit accounts are strictly net and payments must be made by the Advertiser within 30 days of invoice date. Interest will be payable by the advertiser on the value of any invoice remaining unpaid after the date at 7% per calendar month.
5. Time of payment shall be the essence and failure to make payment on the due date of any other breach of contract by the Advertiser or if in the Publisher’s option the financial position of the Advertiser shall not at any time be to the Publisher’s satisfaction then the Publisher reserves the right to terminate the contract (but without prejudice to its rights in respect of any antecedent breach by the Advertisement) or suspend the contract until such time as the Publisher is satisfied as aforesaid.
6. If the Advertiser shall fail to pay in accordance with 4 above then all the sums owing to the Publisher by the Advertiser in respect of any number of contracts with the Publisher shall become immediately due and payable and the Publisher may instruct a Debt Collection Agency to recover the debt. Any charges made by the Debt Collection Agency to the Publisher as a result of such instruction will be payable by the Advertiser to the Publisher on demand.
7. All advertisements and inserts are accepted subject to the Publisher’s approval of the copy and to the space being available. No guarantee is given that specified positions can be given in any publication nor that the publication will be distributed in specific geographical areas.
8. The Publisher shall not be responsible for any losses whatsoever (including any consequential loss) occasioned as a result of :
a) The delay or failure of an advertisement or inserts to appear on the date or dates specified in the contract.
b) The Publisher’s discontinuance of any publication in which the advertisements or inserts were to appear.
c) The delay or failure (for whatsoever reason) of any issue of a publication to appear.
9. Cancellation or suspension of an advertisement must be received in writing by the Publisher no later than 3 weeks prior to publication date of the issue in which the advertisement is to appear. The Advertiser shall remain for full payment in respect of any advertisements published where notice of cancellation or suspension aforesaid does not comply with these requirements.
10. The Publisher reserves the right to amend, cancel or suspend an advertisement or insert without prior notice, in which case no claim on the part of any advertiser for damage or breach of contract shall arise.
11. The Publisher reserves the right to alter, postpone, suspend or cancel the publication date of any of its publications.
12. Advertiser’s artwork, film and all other property is held at the Advertiser’s risk and should be insured by him against loss or damage from whatever cause. The Publisher reserves the right to destroy without notice all artwork, film and other property which has been in his custody for six months from the date of its last appearance in an advertisement provided that the advertiser has not given instruction to the contrary.
13. Where required the Advertiser shall supply advertisement copy to the Publisher on the date specified from time to time by the individual publication(s) in which the advertisement is to appear. If copy instructions are not received by the appropriate copy date the Publisher reserves the right to repeat the most appropriate copy.
14. The Publisher accepts no responsibility for advertisement print quality where film supplied by the Advertiser fails to meet the Publisher’s requirements specified from time to time by the individual publication(s) in which the advertisement is to appear.
15. The Advertiser will be charged for any additional colour processing costs.
16. All advertisement material originated by the Publisher remains the Publisher’s copyright.
17. The advertiser will indemnify the Publisher against any costs, claims, demands, proceedings and expenses of whatsoever nature made against the Publisher arising from advertisement or insert.
18. The Advertiser warrants and represents that the advertisement or insert does not contravene any Act of Parliament nor is in any way illegal, defamatory, obscene or an infringement of any other party’s rights of an infringement of the British code of Advertising Practice.
19. For mail order advertisements the Advertiser will immediately upon request supply to the Publisher a duly signed and completed mail order form, or at the option of the Publisher a duly completed and signed reference and undertaking in a form specified from time to time by the Publisher. Where the Advertiser is a Limited company in their individual capacity as indemnifies.
20. Failure by the Publisher to insist upon strict performance by the advertiser in accordance with the provisions of any contract it may have with the Publisher shall no release or in any way lessen or affect the liability of the advertiser under the contract.
21. The contract shall be governed and constructed in accordance with the laws of England and the Publisher and Advertiser hereby agree to submit to the exclusive jurisdiction of the English courts.
22. The Publisher reserves the right to amend, cancel or suspend any advertisement at any time (a) for a good reason or (b) if at any time booking of the advertisement the advertiser has not disclosed the identity of its clients and of the product or services which are to be the subject matter of the advertisement, in which case no claim on the part of any adviser for damage or breach of contract shall arise.

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Edon Publishing Ltd
Riverside House
River Lawn Rd
Tonbridge
Kent
TN9 1EP

Tel: 01732 783536

Vat Reg. 6951698

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