Terms and Conditions of Use - BD smartphone and tablet apps
1.1 Please read this Agreement carefully before subscribing to or accessing the materials and information available on the app (Online Service) operated by UBM Information Ltd (‘UBMi’, ‘our’, ‘we’ or ‘us’) which includes all its parents, subsidiaries, and other affiliates within the United Business Media Group, details of which can be found at www.ubm.com. In particular, we draw your attention to clauses 9 (Applicability of Online Materials) and 13 (Liability). These terms apply regardless of whatever user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, mobile apps, automobile-based personal computers, handheld digital devices, and any other technology whether now known or developed in the future).
1.2 By subscribing to or accessing the app you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then you may not subscribe to the Online Service.
2. Nature of our website
2.1 Please note that our Online Service is available only to individuals that can form legally binding contracts under applicable law. As a business and commercial service, this Online Service is not intended for use by minors. If you do not qualify, please leave the Online Service now.
3. Conditions of access to the Online Service
3.1 Free access without registration is permitted to the Online Service on a limited basis. Further access to the Online Service may be granted to you following paid subscription. Full access to the Online Service is only available to subscribers.
3.2 When you access, register or subscribe to the Online Service, UBM grants you a non-exclusive, non-transferable licence to use the Online Service to the extent set out in 3.1 above. This licence to use the Online Service (‘Materials’) is granted on the terms and conditions of this Agreement and any additional conditions applicable to particular Materials, as set out here (‘Additional Conditions’).
3.3 If any part of the Additional Conditions is inconsistent with any provision of this Subscription Agreement, the Additional Conditions will prevail, but only to the extent of the inconsistency.
3.4 In relation to the Online Service:
a) you may:
(i) display Materials electronically on a single computer or mobile device to one person at any one time;
(ii) download and store one copy of the Materials in machine readable form; and
(iii) print one copy of the Materials;
(iv) use the sharing tools where provided to share links to individual articles.
(v) quote brief excerpts from articles or summarise articles provided Building Design Magazine is credited and you link back to the original article. All extracts or abstracts must comply with policy on the http://privacypolicy.cmpi.net/.
b) you may not:
(i) download, store, reproduce, transmit, display, copy, distribute or use Materials other than in accordance with sub-clause 3.3(a) above;
(ii) sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person and any dealing in contravention of this clause 3.3(b)(iv) shall be ineffective;
(iii) make the Materials available on an internal network or elsewhere on the internet;
(iv) use the Materials in any manner, or transfer or export the Materials or any copies into any country, other than in compliance with applicable laws; or
(v) allow any other person to use the Materials other than in accordance with the terms and conditions of this Subscription Agreement.
3.5 Unless otherwise specified in the Additional Conditions, the Materials are presented solely for your private, personal and non-commercial use, and may not be re-sold.
3.6 UBMi may terminate or suspend your use of the Online Service at any time if you are found in breach of any of these terms or the Additional Conditions. In these circumstances you will not be entitled to any refund.
4.1 To subscribe to our Online Service you will need to purchase an iTunes subscription as presented on the app at point of subscription.
5. Modifications to the Online Service
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Online Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions. Please note that although we try to ensure that the content of our website and/or the Online Service is accurate, our website and/or the Online Service may contain typographical errors or other inaccuracies.
6. Information you provide
6.1 The following applies to any information you provide to us, for example, during any registration or subscription process.
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at firstname.lastname@example.org.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for access to the Online Service. You may not share these with or transfer them to any third parties. You must notify UBMi immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
8. Applicability of online materials
8.1 Our website is controlled and operated by us from our offices in the UK. Where Materials published in the Online Service are supplied by third parties, you understand that we do not control or endorse their contents in any way. All Materials which are offered by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Online Service.
8.2 We have used our best endeavours to ensure that all Materials comply with UK laws. However, we make no representations that the Materials and the Online Service are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
8.3 UBMi makes no warranties, express or implied that making the Materials and the Online Service available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Online Service, the Materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Online Service or the relevant Materials are not offered for subscription by you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to subscribe to the Online Service. UBMi accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Online Service by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9. Copyright and monitoring
The contents of the Online Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is UBMi, our affiliates or other third party licensors. All product and company names and logos contained within our website or the Online Service are the trade marks, service marks or trading names of their respective owners, including us.
10. Linked websites
UBMi make no representations whatsoever about any other websites which you may access through the Online Service. When you access any other website you understand that it is independent from UBMi and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that UBMi endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
11. Availability of the online service
We will try to make the Online Service available but cannot guarantee that the Online Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Online Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
12.1 Except as set out in clause 5.1, our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Materials and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.2 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 13.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 13.3.
12.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Online Service and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Online Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
13.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
13.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.4 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
13.5 Except in respect of a payment obligation, neither you nor UBMi will be held liable for any failure to perform any obligation to the other due to causes beyond your or UBMi’s respective reasonable control.
13.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
13.7 UBMi is registered with the Information Commissioner’s Office with registered number Z6292138.
13.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.]
14.1 All notices shall be given:
(a) to us via email at email@example.com or by post at Ludgate House, 245 Blackfriars Road, London SE1 9UY; or
(b) to you at either the email or postal address you provide during any ordering process.
14.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the provision of the Online Service.
Acceptable Use Policy
Your use of the Online Service means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Our Online Services are not provided for use by minors and accordingly, minors should not use our interactive services.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Online Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our Online Services.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may also remove contributions upon receipt of a Take Down Notice (see below). Where this occurs we shall notify you of the complaint made and in our discretion we may seek further information from you in order to enable us to decide whether to remove your contribution permanently or to reinstate it.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Notice and Take Down
If any content, including Contributions made by registered users, within the Online Services breaches your intellectual property rights, is defamatory, an invasion of your privacy or otherwise offensive to you, you should notify us immediately by sending us a Take Down Notice by email to: firstname.lastname@example.org stating the nature of your concern, any background necessary for us to understand your concern and a link to the relevant Material.
Upon receipt of a Take Down Notice we shall review the relevant Material as quickly as we are able (in any event within 2 working days) and if we deem it appropriate remove the Material from our Online Services. Where the relevant Material has been submitted by a user of our site, we may contact that user to inform them of your complaint and may provide a copy of that complaint (but not your personal contact details) to them. We will contact you to inform you of what action we have (or have not) taken.
Fair Use of Content
The following guidelines set out the basis on which you may reproduce excerpts or summaries of Online Content:
- You may not republish or distribute the full text of any article, but you may reproduce an extract or produce your own summary provided that the extract or summary is no more than 10% of the length of the original article and in any case no longer than 50 words.
- Any summary or extract must acknowledge the original author (if listed) and Building Design Magazine as the source, and words “Building Design Magazine” must contain a hyperlink back to the original article.
- Where an extract is taken, you may not alter the text unless you make clear with standard annotations that edits have been made. You may not insert additional hypertext links into extracts.
- No more than three articles from any single edition of Building Design Magazine may be used and/or one web-only article per day.
A breach of these additional terms constitutes a breach of this agreement which may be terminated without further notice to you as well as constituting breach of copyright which may be separately actionable.
If you wish to make further use of our content, please contact UBM to discuss a commercial license.