WEB SITE TERMS AND CONDITIONS
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IMPORTANT: By accessing and using the Web Site you agree to be bound by the terms
and conditions set out below. If you do not agree with any of the terms, please
do not use this website. Material on this website may not be copied, reproduced,
republished, uploaded, posted, transmitted, posted, distributed or modified in
whole or in part, whether in text, graphical, audio, video or executable form,
except with written permission of Mushroom Publishing.
Also please read the Privacy Policy.
Definitions
"Information" means all material delivered by Mushroom Publishing through this web site (the "Web Site"). "User" means you, the Web Site end-user. "Contract" means this Web Site agreement.
WARRANTY
THE WEB SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", BASIS AND MUSHROOM PUBLISHING MAKES NO WARRANTIES OR REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE INFORMATION ON THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF COMPLETENESS, ACCURACY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIABILITY
THE USER AGREES THAT, EXCEPT FOR DEATH AND PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF MUSHROOM PUBLISHING, MUSHROOM PUBLISHING SHALL NOT BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THIS CONTRACT, INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS (EVEN WHERE MUSHROOM PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).
Rights Granted/Rights Reserved
Mushroom Publishing provides the Information to the User solely for the personal purposes of the User and the User may download the Information onto only one computer hard drive for such purpose. The information may not be used for any other purpose, including but not limited to, publication, reproduction, or transmission without the express written permission of Mushroom Publishing.
The Web Site
The User acknowledges:-
(a) that it is technically impossible to provide the Web Site free of faults and that Mushroom Publishing does not undertake to do so;
(b) that faults may lead to temporary unavailability of the Web Site; and
(c) that the operation of the Web Site may be adversely affected by conditions and performances outside Mushroom Publishing's control, including without limitation, transmission, telecommunications links between Mushroom Publishing and Users, between different parts of Mushroom Publishing, and between Mushroom Publishing and other systems and networks.
Third Party Information
The User further acknowledges that some of the Information is supplied to Mushroom
Publishing (directly and indirectly) by third parties and accordingly Mushroom
Publishing can offer no warranty of whatever nature in relation to such Information.
Use of the Web Site/Indemnification
The User undertakes:-
(a) not to use the Information for any unlawful purpose;
(b) that it shall not make any use of the Web Site such that the whole or part of the Web Site is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Web Site is in any way impaired;
(c) not to use the Web Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety;
(d) not to use the Web Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
(e) that it shall not use the Web Site to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Mushroom Publishing unless such transmission has been specifically requested by another user of the Web Site; and
(f) that in the event that it has any right, claim or action against any other user arising out of the use of the Web Site then it shall pursue such right, claim or action independently of, and without recourse to, Mushroom Publishing.
The User will indemnify and defend Mushroom Publishing against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any Use of the Information or the Web Site by the User.
The User acknowledges that Mushroom Publishing has no control over the nature or content of information or programs transmitted or received by the User using the Web Site and that Mushroom Publishing does not examine in any way the use to which the User puts the Web Site. The User agrees to fully indemnify Mushroom Publishing against any claims or legal proceedings arising in connection with User's use of the Web Site which are brought or threatened against Mushroom Publishing by any other person.
This site contains links to other sites and services. The user acknowledges that Mushroom Publishing is not responsible for the privacy practices or the content of such Web sites and services.
Intellectual Property
The User acknowledges that all copyright, trade marks and all other intellectual property rights in the Information shall remain vested in Mushroom Publishing or its licensor.
Suspension and Termination
Mushroom Publishing shall have the right to immediately terminate this Contract and/or suspend the Web Site if the User commits a breach of the Terms and Conditions.
User Data
Please see the Privacy Policy.
Changes to the Terms and Conditions
Mushroom Publishing reserves the right to change these terms and conditions from time to time by placing a note of such change in this file and the User's continued use of the Web Site following notice of such change shall be deemed to be the User's acceptance of any such change. It is the User's responsibility to check this file regularly to determine whether this Contract has been changed. If the User does not agree to any change to the terms and conditions of this Contract then the User must immediately stop using the Web Site.
Severability
Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held in applicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract howsoever occasioned.
No Waiver
No waiver by Mushroom Publishing shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Choice of Law
This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English and Welsh Courts.