The Maylands Mayl Ltd – Terms and Conditions
By accessing our website, or content there from including the printed version of The Maylands Mayl Magazine, you agree to these Terms and Conditions (“T&C”), which, wherever possible, relate to both the website and all printed Magazine(s), matter produced by The Maylands Mayl Ltd. Last updated 2021.
LICENSE
If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access The Maylands Mayl Website in compliance with the T&C; unlicensed access is unauthorised. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from The Maylands Mayl including it’s Website, excluding content you create and share with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post or pass on to us to in any way.
USE
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with The Maylands Mayl Website, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
MODERATION
You agree we may moderate The Maylands Mayl Website access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, e.g. PROHIBITED ITEMS LIST, are incorporated herein.
SALES (Website)
Unless noted, any fees are in UK Pounds Sterling. To the extent permitted by law, fees are nonrefundable, even for posts we remove in the unlikely event should we need to.
SALES (Magazine(s)
Once payment has been received which is upon approval of Advert Proof or other agreement to go ahead whether verbal or in written form, this payment is nonrefundable providing the Magazine and therefore the platform for which the original Advert or Entry was agreed is produced and delivered to at least one person.
DISCLAIMER
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to The Maylands Mayl Website, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and The Maylands Mayl Website is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) THE MAYLANDS MAYL ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED £100 OR WHAT YOU PAID US IN THE PAST THREE MONTHS.
CLAIMS
You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the T&C or your use of THE MAYLANDS MAYL WEBSITE is governed by United Kingdom law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by court in the United Kingdom; (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 month after it arose or be forever barred; (5) not to bring or take part in a class action against The Maylands Mayl Ltd Entities; (6) (except government agencies) to indemnify The Maylands Mayl Ltd Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your use of The Maylands Mayl Website; (7) you are liable for T&C breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): £0.10 per server request, £1 per post, email, flag, or account created, £1 per item of PI collected, and £500 per software distribution, capped at £10,000 per day.
NEWSLETTER
When you create an account on THE MAYLANDS MAYL WEBSITE you agree to be included in our Newsletter Mailing List, which we find very useful in notifying our readers when the next edition is available to read – You can of course unsubscribe from that list at any time very easily. There is always an unsubscribe link at the bottom of any newsletters we send out. You simply click on that link to no longer receive notifications from us.
PRIZE DRAWS
We reserve the right NOT TO include or pay prize money to anyone we feel is or was not suitable to enter our Prize Draws for whatever reason even if they or after they have been selected as the winner. This could be for a variety of reasons which include and are NOT limited to the following conditions: If we feel the rules have not been followed correctly. If we feel that the information given to us in any form whether electronic or verbal is not true. If a person is under the age of 18 years of age. If a person doesn’t have a suitable way of receiving the prize should they win. If you have entered on someone else’s behalf. If you win a prize, you agree to having your first name and the first letter of your surname along with the village where you live used to announce you as the winner of the competition, which will be published in the following edition of the magazine (IE: Last Month’s Winner: John P – Bradwell). If we cannot contact the Winner by email by close of business on the 24th in order to pay them, we will have no choice but to select an alternate winner by making another draw.
MENUS
This is a FREE Service we are offering to anyone that would like to have their menu (restaurant, takeaway, fast food etc) listed with The Maylands Mayl, and the service is ‘as is’. We will not be held liable for anything that happens as a result of someone downloading the menu you provide for us to list. We reserve the right to refuse listings and to remove a menu if we so choose. All we are offering is a platform in which to have your menu downloaded to your customers which they do at their own risk.
MISC
Users complying with prior written licenses may access The Maylands Mayl Website thereby until authorisation is terminated. Otherwise, this is the exclusive and entire agreement between us. If a T&C term is unenforceable, other terms are unaffected.