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These terms and conditions ("the Terms") govern your use of this Partners in Media Publishing T/A P.I.M.P website (herein thereafter referred to as "the Website"). By accessing the Website you are agreeing to the Terms below. If you use the Website, you are agreeing to these Terms. If you do not agree with the Terms (or are not authorised to do so) you should not use the Website. If you have any questions please contact info@pimpguides.com. We recommend that you print a copy of these Terms for your records. Copyright
notices P.I.M.P may change, alter or withdraw any part of the Website at any time (with or without notice to you) and may also change the Terms. If applicable, notice will be given by message to your email address and will be deemed to be served 12 hours after being sent by P.I.M.P. If you do not agree to the changes you should cease using the applicable Website and you may cancel your subscription to any Paid For Services in accordance with your rights set out in Section 8. References in these Terms to " Partners in Media Publishing " (or "we", "us" or "our") refer to the company operating the P.I.M.P Website that you are using. From time to time P.I.M.P will run competitions, promotions and surveys on the Website. These are subject to additional terms and conditions that will be made available at the time they are run. 1.
Access and Use You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to "caching" any material on this Website for access by third parties and "mirroring" any material on this Website. You may print or download to disk the contents of an individual page of this Website for the purpose of private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of the Content in this Website for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any Content. You may not use the Website for any unlawful purpose. Except as expressly set out above, you may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Content. You
may not (and neither may you allow a third party to do any of the
same): You acknowledge that "Partners in Media Publishing" and "P.I.M.P" are registered trademarks and that you may not use them without written permission from the Partners in Media Publishing. If you would like to link to the Website, you must have written permission from the Partners in Media Publishing. Requests can be made to info@pimpguides.com2. Privacy Policy and Registration All information received by you from your use of the Website will be used by P.I.M.P in accordance with our Privacy Policy. On registration, you must provide P.I.M.P with accurate, complete registration information and it is your responsibility to inform us of changes to that information at info@pimpguides.com This is particularly important if you subscribe to receive any Paid For Services. P.I.M.P is entitled to rely on any information you provide to us.Each registration is for a single user only. On registration, you will choose a user name and password ("ID"). P.I.M.P does not permit any other person sharing your user name and password or access through a single name and password being made available to multiple users on a network. P.I.M.P may cancel or suspend your access to the Website if you do this without further obligation to you. You are responsible for all use of the Website made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify P.I.M.P immediately by e-mailing info@pimpguides.comWe recommend that you do not select an obvious user password (such as your name) and that you change it regularly. If you provide P.I.M.P with an email address that will result in any P.I.M.P email we may send you being sent to you via a computer network operated or owned by a third party (e.g. your employer or colleague) then you warrant that you are entitled to receive those messages. You also agree that P.I.M.P may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending emails to you. 3. Site Security Any payment information you send to us over the Internet is protected by the highest encryption levels. 4. Warranties and Limitation of Liability The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by P.I.M.P and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Website are at your sole risk and responsibility. Any information that you receive via the Website may have ceased to be current by the time it reaches you and therefore may not be entirely accurate. P.I.M.P cannot accept responsibility for any errors or omissions, or for changes in the details given on the Website, or for the consequences of any reliance on the information provided by the same. Views expressed on shops, restaurants, clubs and so forth belong to the contributors, and therefore do not necessarily reflect those views of the publisher. The descriptions given on the Website contain an element of subjective opinion which may not reflect the publisher’s opinion or dictate a reader’s own experiences on another occasion. The pages contained in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. P.I.M.P is not responsible for any use of the content by you outside its scope as stated in these Terms. Limited
Warranty What we cannot guarantee: Except as set out in the paragraph above, P.I.M.P does not give any warranties in respect of the Website. To the extent allowed by applicable law, P.I.M.P hereby disclaims all other warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality, merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence or of workmanlike effort. Neither do we provide any warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. Our
Liability Exclusion In addition to but separate from the above specific exclusion and to the full extent allowed by applicable law, you also agree that P.I.M.P will not be liable to you for any other indirect, special, consequential, incidental, punitive or exemplary damages whatsoever that arise out of or are related to your use of the Website. Your
Remedies You agree that your only other remedy (including for negligence) for any damages that you incur arising out of your use of the Website (to the extent P.I.M.P 's liability is not excluded by this Section 4) is as follows: If you have subscribed to receive any Paid For Services, your remedy is limited to the direct damages you actually incur arising out of your use of the Website. This is subject to a limit equal to the annual fee paid by you to P.I.M.P pursuant to these Terms during the year in which the damage is incurred. You may at your option receive Paid For Services to the equivalent value of this limit in place of monetary damages. If you have not subscribed to receive any Paid For Services, then to the extent we cannot remedy the relevant fault in the Website, your remedy is limited to receiving Paid For Services at no cost up to the value of the direct damages you actually incur arising out of your use of the Website. This is subject to a limit equal to the value of the highest then applicable annual P.I.M.P Online subscription fee. You may not receive monetary damages. If a court of contempt jurisdiction determines that either of the above limits on our liability is unenforceable, then you agree that in any event our total liability to you shall not exceed damages greater than twice the value of the highest then applicable annual P.I.M.P Online subscription fee. Other
information Notwithstanding anything else contained in the provisions of this Section 4, P.I.M.P 's liability will not be limited in the case of death or personal injury directly caused by P.I.M.P’s negligence. 5. Third Party Sites and Services The Website contains links to other Internet websites and online services provided by independent third parties ("Third Party Sites"), either directly or through frames. P.I.M.P provides these links for your convenience only but does not necessarily endorse the material on these sites.Third Party Sites may be co-branded with P.I.M.P and so include P.I.M.P ‘s trademark. P.I.M.P is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with P.I.M.P. Copyright in any software that is made available for download from the Website belongs to P.I.M.P or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. P.I.M.P is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement. The Website contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. P.I.M.P will not be responsible for any error or inaccuracy in advertising or sponsorship material. P.I.M.P excludes all liability for any illegality arising from or error, omission or inaccuracy in such material.
These Terms shall be governed by, and construed in accordance with, English law. To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of P.I.M.P and to the extent possible in the applicable jurisdiction, P.I.M.P shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of residence or business in which you agreed to these Terms or (if different) the country of your principal place of residence or business. 7. General You may not assign, sub-license or otherwise transfer any of your rights under these Terms. 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. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect. 8. Paid For Services (a) General P.I.M.P operates the following "PAID FOR" services: P.I.M.P Online Subscription Services and P.I.M.P Magazine Subscriptions. By subscribing to receive either of these Paid For Services, as well as the above Terms, you are also agreeing to the Terms that appear below. You agree to pay any subscription fees at the rates in effect when the charges are incurred. If you are authorised to use the P.I.M.P Subscription Services through any corporate arrangement made with us, any payment terms below will not apply to you. You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to P.I.M.P you warrant that you are entitled to purchase the Paid For Services using those payment details. In the case of unauthorised payments P.I.M.P reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services. P.I.M.P will try to process your subscription promptly but does not guarantee that the Paid For Services will be available to you by any specified time. A contract with you for receipt of the Paid For Services will come into effect when P.I.M.P sends you an email confirming your subscription details. P.I.M.P reserves the right to suspend or terminate your subscription to the Paid For Services if you breach these Terms, with or without notice and without further obligation to you. P.I.M.P will charge you in British Pounds Sterling (b) P.I.M.P Online Subscription Services Access and Use: Certain areas of the Website are only accessible to users who pay to subscribe to P.I.M.P Online. There are two types of subscription. We recommend you see the Website for further details. Once you have completed the subscription process and your card has been authorised for payment, you will be given appropriate access to the Website. Pricing: The subscription price is set out on the pages, which contain our subscription process. You can take out an annual subscription, which will automatically renew. P.I.M.P will send advance notice of renewal and you will be given the opportunity to cancel your subscription at this stage. Any cancellation will be effective once P.I.M.P receives notice of it.P.I.M.P will notify you in advance of any price increases. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. Your Internet Service Provider may also charge you for time spent accessing the Website in the same way you pay for telephone calls. Cancelling or changing your P.I.M.P Online Subscription: You may cancel your subscription at any time but will not be eligible for a refund. (c) P.I.M.P magazine Subscriptions When subscribing to the P.I.M.P Online Subscription Services, you may also choose to purchase a subscription to have P.I.M.P magazine delivered directly to an address of your choice. Following your subscription, P.I.M.P will aim to commence delivery of the P.I.M.P magazine to you within 10 business days (UK), 10-14 business days (Euro zone) or 14-21 business days (Zone 1). Any failure to commence delivery within the foregoing timescales shall not constitute a breach of these Terms by P.I.M.P. Pricing: The magazine element of your subscription will be dealt with separately from the P.I.M.P Online Subscription element. The subscription price is set out on the pages, which contain our subscription process. P.I.M.P will notify you when the annual subscription is due for renewal. P.I.M.P will also notify you in advance of any price increases. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. Cancellation: UK customers are eligible for a full refund if P.I.M.P receives a cancellation notice within 14 days of commencing delivery and European zone customers are eligible for a full refund if P.I.M.P receives a cancellation notice within 30 days of commencing delivery. Cancellations will only be effective once P.I.M.P receives notice of them. Company
Information P.I.M.P
may assign its rights and obligations under the Terms above to any
other company within the Partners in Media Publishing Group.
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