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Terms of Use

The effective date is November 23rd, 2015.

IMPORTANT! PLEASE READ CAREFULLY THESE TERMS OF USE IN THEIR ENTIRETY BEFORE USING THE SERVICE.

ACCEPTANCE OF TERMS

www.refinery29.uk is a website operated by Refinery 29 Limited, registered in England and Wales under company number 08279936 and with registered office at 10 St. John Street, London, WC1N 2EB, United Kingdom. The VAT number is 210 1345 77.

The following terms and conditions (collectively with the Privacy Policy at www.refinery29.uk/privacy, the “Terms of Use”) are a legally binding agreement between each user (“you” or “your”) and Refinery 29 Limited (“REFINERY29,” “we,” “us,” “our” or “ours”) and apply to www.refinery29.uk and the content, features, services, social media channels and applications offered by Refinery29 (collectively “Service”). By accessing or using the Service, you are indicating that you have read and understand these Terms of Use, that you will abide by all of their terms and conditions and that you are over the age of eighteen (18). If you do not agree to any of these terms and conditions, please do not use the Service.

UPDATES TO TERMS

We reserve the right to change any terms of these Terms of Use at any time without prior notice to you. You agree that our posting of revised Terms of Use on our Service will constitute notice to you of such revised Terms of Use and that your access or use of the Service after such posting constitutes your agreement to be bound by such changes and the revised Terms of Use. Consequently, please review these Terms of Use before each and any access or use of our Service. Any changes to these Terms of Use will become a part of these Terms of Use and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Use.

Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service will be subject to these Terms of Use.

ACCESSING OUR SITE

Our Service is made available free of charge. You are responsible for making all arrangements necessary for you to have access to our Service.

You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Our Service is directed to people residing in the United Kingdom. We do not represent that content available on or through our Service is appropriate or available in other locations. We may limit the availability of our Service or any service or product described on our Service to any person or geographic area at any time. If you choose to access our Service from outside the United Kingdom, you do so at your own risk.

SPECIAL PROMOTION TERMS

Occasionally, we may offer the chance to participate in sweepstakes, contests, surveys and/or special offerings (“Special Promotion(s)”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms of Use. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms of Use, those separate terms and conditions will prevail with respect to such Special Promotion, unless otherwise stated.

REFINERY29 CONTENT

The “REFINERY29 Content” includes all materials that are included in, made available on or are otherwise a part of the Service (including past, present and future versions of the Service). For example, our REFINERY29 Content includes any and all domain names, text, blogs, articles, emails, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork and the “look and feel” of the Service.

The REFINERY29 Content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the REFINERY29 Content on our Service.

Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service (including both the REFINERY29 Content and User Content) is accurate, complete or up-to-date.

All prices shown on our Service are inclusive of VAT.

TRADEMARKS

The REFINERY29 Content also includes REFINERY29 marks and logos that are trademarks or service marks of ours. All other trademarks, service marks and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are not granted any rights to use any trademarks, service marks or logos through your to access the Service.

PERSONAL USE

We are the owner or the licensee of all intellectual property rights in our Service, and in the material published on it, except User Content (defined below) or content in the public domain. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We grant you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable and non-transferable license to use, view and/or play the REFINERY29 Content. This license is subject to your full compliance with these Terms of Use.

You may also print off one (1) copy of articles of personal interest to you, for your personal use. You must not modify the paper or digital copies of any materials you have printed off in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Service must always be acknowledged.

You may not distribute, sell or offer for sale the Service, REFINERY29 Content, or any element thereof. In addition, REFINERY29 Content may not be used to construct any kind of database. You must not use any part of the content on our Service for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy any part of our Service in breach of these Terms of Use, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

ACCEPTABLE USE

(a) User Generated Content

You understand that all information, including your name and email address; data, including your IP address and other personally and non-personally identifiable information we collect about you through the Service, including information we collect from your social media profiles if you access the Service through our social media channels; or other content of any kind, uploaded, posted, made available, shared or transmitted by you or another user to or through the Service (each and all of the foregoing, “User Content”) is the sole responsibility of the person from whom such User Content originated. We do not control such User Content and do not make any guarantee whatsoever related to such User Content. By using the Service, you may be exposed to User Content, as well as material uploaded, posted, made available, shared or transmitted to or through the Service by us, that is offensive, indecent or objectionable.

The views expressed by other users on our Service do not represent our views or values. You are solely responsible for securing and backing up your User Content.

Any content you upload to our Service will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content.

Under no circumstances will we be liable or responsible in any way to any third party, for the content or accuracy of any content posted by you or any other user of our Service. You will ensure that any User Content which you contribute to the Service will be accurate (where it states facts) and be genuinely held (where it states opinions).

While we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to you or any other party.

By submitting or posting your User Content to or on the Service, you grant us, and our affiliates, agents, third party partners, and assignees a worldwide, non-exclusive, irrevocable, sublicensable, transferable and royalty-free license in perpetuity to host, display, transmit, distribute, reproduce, modify, edit, translate, copy, create derivative works from, store, archive, cache, sell, promote, sublicense and otherwise your User Content in any and all manner and media, whether now known or hereafter devised, and you release all moral rights and similar rights in and to your User Content.

You further perpetually and irrevocably grant REFINERY29 the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.

You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant REFINERY29 these licenses. Upon REFINERY29’s request, you will furnish REFINERY29 any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. REFINERY29 reserves the right to remove any User Content from the Service or our social media channels at any time in our sole discretion.

(b) Your Conduct

You will not misuse the Service or use the Service in any way to: violate any local, national or international law or regulation or to encourage or provide instructions to another to do so; pursue any unlawful or fraudulent purpose or effect; upload, post, make available or otherwise transmit any User Content that is not compliant with these Terms of Use (including, without limitation, User Content that infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other right) or User Content that is confidential, harmful, threatening, harassing, abusive, inflammatory, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of another’s privacy or racially, ethnically or otherwise objectionable; misrepresent your identity; upload, post, make available or otherwise transmit that User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitations; upload, post, make available or otherwise transmit or introduce any User Content that contains software viruses trojans, worms, logic bombs or any other computer code, files or programs which is malicious or technologically harmful or designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; act in a manner that negatively affects other users’ ability to use the Service; collect or store personal data about anyone;display, transmit, distribute, reproduce, modify, edit, create derivative works from, store, archive, cache, sell or offer for sale the Service, REFINERY29 Content or any element thereof; harm or attempt to harm minors.

You agree not to reproduce, duplicate, copy or re-sell any part of our Service in contravention of the provisions of these Terms of Use. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.

We do not guarantee that our Service will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Service. You should use your own virus protection software.

SPONSORED CONTENT

You acknowledge that: (i) we may receive from marketers free products that we review or discuss in our content and (ii) we may receive compensation in connection with advertisement or stories regarding run advertisements or stories on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.

LINKS TO THE SERVICE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service in any website that is not owned by you. Our Service must not be framed on any other Service, nor may you create a link to any part of our Service other than the home page.

We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.

The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use.

If you wish to make any use of content on our Service other than that set out above, please contact legal@refinery29.uk.

THIRD PARTY LINKS

We may provide, or third parties may provide, on or through the Service, links to third party sites, such as other websites or resources. These third party sites are operated by parties who are wholly separate from Refinery29 and as such you acknowledge and agree that we have no control over such third party sites, are not responsible for the availability of such third party sites, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such third party sites.

Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party site's URL, or are otherwise indicated as such by us. These third party sites are for your information and convenience only, and you access them at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links. The Service is a participant in Skimlinks, an advertising programme designed to provide a means for websites to earn advertising fees by advertising and linking to participating advertisers and retailers. Your communications and dealings with third parties through such links including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such communications and dealings, are solely between you and the third party.

SERVICE MODIFICATION, SUSPENSION OR TERMINATION

We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We reserve the right at any time and from time to time to withdraw, modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service for any period.

We may at our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Service. We will not be liable or responsible to you or any third party for such termination.

Failure to comply with these Terms of Use constitutes a material breach of the terms upon which you are permitted to use our Service, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Service.
  • Immediate, temporary or permanent removal of any User Content posted by you onto our Service.
  • 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 these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

LIMITATION OF LIABILITY

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Service or any content on it, whether express or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Service; or
  • use of or reliance on any content displayed on our Service.

Please note that we only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

RELEASE

If you have a dispute with one or more users of the Service, you release us from claims, demands and damages (whether direct or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

GOVERNING LAW

These Terms of Use (including subject matter and formation) and the relationship between you and REFINERY29 will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and us and govern your use of the Service. These Terms of Use supersede and extinguishes any prior agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, or third-party services.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

These Terms of Use are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect. The headings in these Terms of Use are for convenience only and have no legal or contractual effect.

The following are from our partner(s) and are incorporated by reference to our Terms of Use: Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the Associated Press material found on this Service. Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

CONTACT DETAILS

To contact us, please email legal@refinery29.uk.