TERMS OF USE.

 

Meanings and definitions used in these Terms:

 

Pretty & Inked means Pretty & Inked Magazine, the trading name of Pretty & Inked Magazine Limited (Registered in Canada) whose registered offices are in Vancouver, BC and any of its subsidiary or joint venture companies.

Print Publication refers to each and every print issue owned and operated by Pretty & Inked

Website refers to the digital platforms 9main website and blog) owned and operated by Pretty & Inked; and

Terms means these terms of use for users of the media.

 

1. INTRODUCTION TO TERMS

1.1. This website is owned and operated by Pretty & Inked Magazine

1.2. These Terms govern the use of the website, print publications, including participation when it comes to digital and print submissions .

1.3. The website is designed to provide a platform, enjoyable for all, for the exchange of opinions, comments and information and, therefore, Pretty & Inked requires its users to abide by these Terms. Your use of the website will constitute your agreement to comply with these Terms.

1.4. If you do not agree with these Terms, you should not use the Sites.

1.5. Pretty & Inked may modify these Terms from time to time. Continued use of the Sites by you will constitute your acceptance of any changes or revisions to the Terms, so it is wise to check this page regularly.

1.6. We may terminate your access to the website, without notice, in addition to our other remedies if you fail to follow these Terms.

1.7. From time to time, Pretty & Inked may publish articles or features, either on the website or within a print publication, which some may find offensive. Pretty & Inked does not intend to offend and suggests that those who find the tone or content of the website or print publication offensive, no longer visit the site or read the print publication. No responsibility is taken for any offense caused.

 

2. USE OF THE WEBSITE BY YOU

2.1. Pretty & Inked or its licensors own all material on the website. You may retrieve and display content from this website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the website.

2.2. You acknowledge that you may not use Pretty & Inked’s trademark without prior written permission from Pretty & Inked.

2.3. You may not authorise others to use the website, and you are responsible for all of your own use of the website. You agree not to use any obscene, indecent or offensive language, or to place on the site any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the website any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

2.4. You are responsible for all activities under your password or account, and you must keep your password confidential. You must immediately notify us of any unauthorised use of your password or account or any other breach of security. You must not disrupt the functioning of the website, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the website.

2.5. Other than connecting to Pretty & Inked servers by HTTP requests using a web browser, you may not attempt to gain access to Pretty & Inked’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the website or otherwise.

2.6. You are responsible for ensuring that any material you provide to Pretty & Inked including but not limited to text, photographs and sound, does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party.

2.7. You agree not to disrupt, modify or interfere with the website or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the website. You further agree not to alter or tamper with any information or materials on, or associated with, the website.

2.8. You acknowledge that Pretty & Inked has not reviewed and does not endorse the content of all sites linked to from the website and is not responsible for the content or actions of any other sites linked to from the website. Linking to any other service or site from this website is at your sole risk.

 

3. AGE LIMIT

By using the website, print publication or submitting a requested feature to Pretty & Inked you confirm that you are 18 years old or more or, if you are under 18 years old, that you have received your parent’s or guardian’s consent to enter into these Terms.

 

4. USE OF THE BLOG BY YOU

4.1. These Terms have been put in place to help ensure that the blog is a welcoming and useful resource for all users. These Terms outline what is deemed unacceptable behaviour and it is important to read them carefully.

4.2. Users of the blog warrant and undertake that they will not:

post libellous or defamatory comments;

post anything relating to any ongoing or pending trial;

post content which you have copied from someone else (i.e. you do not own the copyright);

use profanities;

post a personal insult about another user;

advertise or solicit;

impersonate another user; or

post material that is deliberately intended to upset other users.

4.3. We cannot and do not review every post before it appears on the blog. Pretty & Inked operates a ‘notice and take-down’ policy which means if Pretty & Inked notices or is made aware of a post that contravenes these Terms, Pretty & Inked reserves the right to amend or remove the post.

4.4. Pretty & Inked encourages you to contact us if you feel a post violates these Terms. Please use the report function on the Site to let us know.

4.5. You are responsible for the content of your post, and the content of your submission for feature and Pretty & Inked does not accept any liability for the content or accuracy of your messages.

4.6. Users of the website and blog may submit material for publication. Pretty & Inked accepts no liability in respect of any material submitted by users and published by Pretty & Inked and Pretty & Inked is not responsible for its content or accuracy.

4.7. If you want to submit material to the website, blog or print publication you may do so on these Terms.

4.8. You warrant that the material you submit is not obscene, offensive, harassing, defamatory or otherwise illegal.

4.9. You acknowledge that any breach of these warranties may cause Pretty & Inked damage or loss and agree to indemnify and hold harmless Pretty & Inked in full and permanently against any third party liabilities, claims, costs, loss or damage incurred by Pretty & Inked as a result of publishing any material you submit to us, including consequential loss.

4.10. Should Pretty & Inked become aware of any activity that would be contrary to the Terms or determine in their sole discretion to be unacceptable, then Pretty & Inked reserves the right to take action including temporary or permanent removal of content, filtering of internet transmissions and/or to exclude the user with immediate effect and, where necessary, to forward any incriminating material in its possession to the CANADA police or other relevant authorities.

4.11. You accept that Pretty & Inked may keep a record of your IP and/or host address for reference purposes only (in order to keep a track on the amount of visitors per day). In the event of any breach of these Terms, Pretty & Inked may view and add your IP and/or host address to an ‘excluded database’ to prevent you gaining further access to the website. These addresses are not distributed or given out to any third party services.

 

5. USE OF MATERIAL SUBMITTED/POSTED BY YOU

5.1 Postings to the website and blog are not private. You grant Pretty & Inked a perpetual royalty free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any information or material you supply or communicate to the website and blog via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses to any third party. Pretty & Inked will not return it if submitted, and accepts no liability whatsoever for safe custody thereof.

5.1 Submissions for feature in the print publication are not private. You grant Pretty & Inked a perpetual royalty free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any information or material you supply or communicate to the print publication via such submissions, in any medium now in existence or hereafter developed, for any purpose, including commercial uses to any third party. Pretty & Inked will not return it if submitted, and accepts no liability whatsoever for safe custody thereof.

 

6. COPYRIGHT AND COPYRIGHT COMPLAINTS

6.1. All copyright, trademarks, design rights and all other intellectual property rights (registered or unregistered) where relevant in and on the website, blog and print publication and all content located on the website, blog, and in the print publication shall at all times remain vested in Pretty & Inked.

6.2. Pretty & Inked grants you a limited, non-exclusive, revocable, non-transferable licence to use the website content solely for personal use relating to your use of the website. Except as expressly set out herein, neither you nor anyone acting on your behalf acquires any intellectual property rights relating to any website content. Any rights not expressly granted within these Terms are reserved.

6.3. By sharing any contribution(s) with us (including but not limited to data, text, photo, message, posting, image, logo, attachment, hyperlink and all other content (collectively “Contribution(s)”) to the website, blog and print publication, you agree and grant Pretty & Inked and its sub-licensees, free of charge permission, to use the Contribution(s) at Pretty & Inked’s sole discretion (including modifying and adapting it for operational and editorial reasons) in connection with the operation of the website, blog, print publication and our business. The licence extends to copying, distributing, broadcasting or otherwise transmitting, adapting or editing the Contribution(s).

6.4. You agree and confirm that any Contribution(s) you provide or upload is original to you and does not infringe CANADA laws, copyright or other rights of any other person, or that you have the consents necessary to provide the Contribution(s) to Pretty & Inked.

6.5. You acknowledge that Pretty & Inked does not endorse the accuracy, integrity, copyright, compliance, legality, quality or decency of any Contribution(s). Users may respond to or comment upon Contribution(s), such comments do not necessarily represent the views or opinions of Pretty & Inked.

6.6. Pretty & Inked respects the intellectual property of others, and we ask our users to do the same. Pretty & Inked may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of Pretty & Inked and of others.

6.7. If you believe that your work has been copied and is accessible on Pretty & Inked’s website or blog  in a way that constitutes copyright infringement, or that the website or blog contains links or other references to another online location that contains material or activity that infringes your copyright, please contact Pretty & Inked immediately.

 

7. TRADE MARKS

All magazine trade marks are trademarks of Pretty & Inked or its sister companies and may be registered in certain jurisdictions. All other trademarks used on this website, blog or within the print publication are the property of their respective owners.

 

8. COMPETITIONS AND PRIZES

These Terms apply to all prize promotions including free draws, prize competitions and instant win offers.

8.1. From time to time Pretty & Inked will run competitions, free prize draws and promotions (“Competition(s)”) on this website. Competitions may be subject to additional terms that will be made available at the time.

8.2. No purchase is necessary to enter the Competition unless otherwise stated on the promotional activity with a specific Competition.

8.3. By entering the Competition, you agree to the terms of the Privacy Policy. In addition Pretty & Inked may pass your personal information to the promoters of a Competition (where it is not Pretty & Inked) and their data processors. However, we always demand that any such parties adhere to the same security procedures that we follow ourselves.

8.4. It is assumed that by entering Competitions which, if won, could result in time off work, your employer has agreed to allow you time off. When dates are specified they cannot be altered and by entering date-related Competitions Pretty & Inked or the third party are not liable in any way to any winner who cannot attend.

8.5. Competitions are not open to any employees of Pretty & Inked, the promoter or their immediate families, a Competition promoter’s advertising agency and sales promotion consultancy, or anyone else connected with the creation and administration of the Competition.

8.6. Entries in the incorrect format will not be considered.

8.7. Once entered, entries cannot be returned / withdrawn.

8.8. Unless otherwise stated only one Competition entry, fulfilling the eligibility requirements above, will be accepted per person. Spammers will be disqualified.

8.9. Entrants will be deemed to have accepted these Terms and to have agreed to be bound by them.

8.10. Once selected, only the winner(s) will be contacted personally by email using the contact details provided upon entry.

8.11. Winners will be notified on the day that the winner is selected. Winners will have 5 (five) working days to respond in full or another winner will be selected.

8.12. Pretty & Inked’s decision is final in every situation, including any not covered above and no correspondence will be entered into in respect of the validity of any such decision.

8.13. Pretty & Inked shall be permitted to exclude or disqualify any entrant at any time at its sole discretion.

8.14. Pretty & Inked reserves the right to exclude late, incomplete or multiple registrations, or registrations made by third parties or agents.

8.15. Pretty & Inked does not accept any responsibility for late or lost entries. Proof of sending is not proof of receipt.

8.16. The name of the winner(s) will be available by sending an email to hello@prettyinked.com, indicating the name of the Competition.

8.17. Entry to the Competition and acceptance of the prize constitutes permission to use any entrant’s name, image and any competition entry photograph, for promotional and/or editorial purposes in any format in print and non-print media without additional consultation.

8.18 Prizes must be taken as stated and cannot be deferred although Pretty & Inked reserve the right to change the prize in the event of unforeseen circumstances. There will be no cash alternative.

8.19 Pretty & Inked reserves the right to (i) cancel and/or withdraw this Competition and/or (ii) amend these Terms, at any time without notice.

8.20 To the fullest extent permitted by applicable law, in no event will Pretty & Inked be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, damage or injury arising under or in connection with this Competition.

8.21 Where Pretty & Inked runs a competition with a promoter such that the promoter is responsible for the selection and/or the provision of prizes then Pretty & Inked shall not be responsible for or have any liability for the provision of such prizes.

8.22 These Terms are governed by Canadian law, and entrants agree to submit to the exclusive jurisdiction of the Canadian Courts in relation to all matters arising under or in connection with these Terms.

 

9. COMMENTS BY USERS ARE NOT ENDORSED BY PRETTY & INKED

Pretty & Inked does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users on the blog or elsewhere on the website. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Pretty & Inked.

 

10. E-COMMERCE

Pretty & Inked has joined up with selected third party partners to enable you to purchase relevant products and services. Transactions carried out with specified third party partners (and not with Pretty & Inked) will be governed by the third party’s standard terms and conditions which may be found on their sites before you transact. From time to time Pretty & Inked may team up with other selected third parties to offer you the opportunity to purchase goods from the site. Such purchases will be with the named third party (and not with Pretty & Inked) and will be governed by the terms and conditions notified to you at the time of purchase. Pretty & Inked cannot and do not accept any responsibility or liability for any losses you may suffer as a result of entering into any transaction with any third party.

 

11. OTHER PROMOTIONS

From time to time, Pretty & Inked (or selected third parties) may include competitions, promotions or other offers on this website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

 

12. MATERIALS PROVIDED BY OTHERS

You agree that Pretty & Inked is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.

 

13. INDEMNITY

You agree to indemnify Pretty & Inked and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and to hold them harmless from any and all claims, demands, liabilities, damages, costs and expenses (including legal fees) that may arise from: (i) your submissions, Contribution(s) or provision of content; (ii) your use or misuse of the website, blog and/or print publication; (iii) your unauthorised use of material obtained through the website, blog and/or print publication; (iv) your breach of these Terms; (v) any such acts arising through your use of the website, blog and/or print publication; or (vi) any other violation of the rights of another person or party.

 

14. EDITING AND DELETIONS

14.1. Pretty & Inked reserves the right, but undertakes no duty, to review, edit, move or delete any material posted and/or submitted by users for the website, blog and/or print publication, in its sole discretion and without notice.

14.2. Submissions and/or features submitted into Pretty & Inked are only guaranteed a digital lifespan of 12 months. After 12 months Pretty & Inked reserves the right, but undertakes no duty, to review, edit, remove or delete any material posted on the website and/or blog.

 

15. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

15.1. YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE WEBSITE, BLOG, AND/OR PRINT PUBLICATION AT YOUR OWN RISK. THE WEBSITE, BLOG AND PRINT PUBLICATION ARE PROVIDED “AS IS,” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, PRETTY & INKED AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANT ABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITES.

15.2. PRETTY & INKED AND ITS AFFILIATES MAKE NO WARRANTY, IMPLIED OR EXPLICIT, THAT ANY PART OF THE WEBSITE, BLOG, AND/OR PRINT PUBLICATION WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY, NOR THAT THE CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER PRETTY & INKED NOR ITS AFFILIATES NOR ANY PARTICIPANT IN THE WEBSITE, BLOG OR WITHIN THE PRINT PUBLICATION PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

15.3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE PRETTY & INKED AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SITES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITES, YOUR USE OF OR RELIANCE ON THE SITES OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SITES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.4. PRETTY & INKED’S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY PRETTY & INKED’S NEGLIGENCE.

 

16. TERMINATION

PRETTY & INKED HAS THE RIGHT TO TERMINATE YOUR ABILITY TO ACCESS THE SITES, FOR ANY REASON, WITHOUT NOTICE.

 

17. PRIVACY

17.1. The information that you provide about yourself to Pretty & Inked will only be used by Pretty & Inked in accordance with its Privacy Policy available at http://www.prettyinked.com/privacy-policy. The Privacy Policy does not apply to third party sites.

17.2. Pretty & Inked may from time to time invite you to provide personal information in order to provide you with services (such as email newsletters and competitions) and to enable you to order goods. In order to deliver such services or goods, Pretty & Inked will need to process and store your personal information and may need to transfer it to affiliates and service providers for processing inside the North America Economic Area. In the event you submit personal information to us through the website and/or blog, you represent and warrant that you have the authority and consent to the collection, processing, transmission, use, communication and disclosure of such information by us in accordance with our Privacy Policy. By submitting your personal information, you consent to such processing and transfers in connection with such orders, offers or services and for any other purposes to which you consent at the time you provide the information. In order to enable Pretty & Inked to provide you with a personalised browsing experience, this website and/or blog may use ‘cookie’ information collection technology. The information gathered by Pretty & Inked cookies is limited to use within Pretty & Inked for the purposes of enhancing your experience on our website, blog, and/or print publication. Pretty & Inked will only use your personal information for purposes for which you have consented and will not sell or rent your personal information to third parties for marketing purposes without such consent. Pretty & Inked follows strict security procedures in the storage and disclosure of personal information so as to prevent unauthorised access by third parties. Pretty & Inked also requires those parties to whom Pretty & Inked transfers personal information to comply with the same. If you have any queries about Pretty & Inked’s privacy policy or any queries about the protection of personal information Pretty & Inked holds about you, please email hello@prettyinked.com. We are also legally obliged to request you to provide us with identification so that we can be certain that you are entitled to receive the requested data.

17.3. Data Protection: Pretty & Inked and our sponsors and promoters may use your details to let you know about other products and services which we think would be of interest to you. Occasionally, we may also pass your details to selected companies. This will only be done with your permission so we advise you to check the tick boxes on the relevant form carefully.

 

18. SAFETY

Please remember that posting your name, contact information or any other personal information on the website and/or blog places such information in the public domain. Always use caution when giving out information. We advise that you do not reveal any information about yourself or anyone else (for example: full name, telephone number, postal address, email address, home address or any other details that allow you to be personally identified) on the website and blog.

 

19. INFORMATION AND AVAILABILITY

While Pretty & Inked takes every care to ensure that the information on the website and blog and within the print publication is accurate and complete, some of it is supplied to Pretty & Inked by third parties and Pretty & Inked is unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors interruptions and delays may occur in the service at any time. Accordingly, Pretty & Inked’s website, blog and print publication are provided “as is” without any warranties of any kind and Pretty & Inked does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

 

20. LINKS

20.1. Any third party web site that links to this website and/or blog must not:

(i) create a frame or any other browser or border environment around the content of this website and/or blog; (ii) imply that Pretty & Inked is endorsing it or its products or services;

(iii) use any Pretty & Inked trade mark displayed on any Pretty & Inked website and/or blog without permission from Pretty & Inked;

(iv) infringe any intellectual property or other right of any person;

(v) be a website that contains content that could be construed as distasteful, offensive or controversial.

20.2. Pretty & Inked expressly reserves the right to request that any link in breach of these Terms be removed and to take whatever other action it deems appropriate.

20.3. On this website and blog you may be offered automatic links to other sites. Whilst Pretty & Inked hopes you will be interested in those other sites, you acknowledge that their owners may be independent from Pretty & Inked and Pretty & Inked does not endorse or accept any responsibility for their content.

20.4. Pages of the website, blog and/or print publication may contain some contextual affiliate marketing links created by third parties. Purchases made on these third party sites are the sole responsibility of that site. Purchases made through these links may result in a commission being earned by Pretty & Inked.

 

21. GENERAL

21.1. These Terms together with any additional terms which are drawn to your attention constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.

21.2. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

21.3. These Terms are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

21.4. Failure of either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

21.5. Unless otherwise specified on the website, blog or within the print publication, the content of the website, blog and/or print publication is directed solely at those who access the website, blog and print publication directly from North America. Pretty & Inked makes no representation that any of the content of the website, blog and/or print publication is appropriate for use elsewhere, or available in any other locations. Those who choose to access the website, blog and/or print publication from any other location are solely responsible for compliance with local laws and regulations if and to the extent that they are applicable.

21.6. You agree that these Terms, for all purposes, shall be governed by and construed in accordance with CANADA law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the Canadian courts as regards any claim or matter arising under these Terms.

21.7. For the exclusive benefit of Pretty & Inked, Pretty & Inked shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

 

Please leave the Sites now if you do not agree to these Terms