Terms & Conditions
Meanings and
definitions used in these Terms:
Discussion Forum(s)
means the chat areas, bulletin-boards or forum facilities provided on the
Sites;
SHANDON HATS 1901, the trading name
of SHANDON HATS 1901, LDA (Registered
in Portugal number 223954829)
whose registered offices are at Rua da Figueira Preta, n.º 17, 1.º Piso, - Funchal, distrito de Ilha da Madeira,
concelho de Funchal, freguesia de Funchal (Sé) Portugal. Site(s)
means the website(s) owned and operated by SHANDON HATS 1901, LDA
Terms means these
terms of use for users of the Sites.
1. INTRODUCTION TO
TERMS
1.1. This Site is
owned and operated by SHANDON HATS 1901, LDA
1.2. These Terms
govern the use of the Site, including participation in the Discussion Forums.
1.3. The Sites are
designed to provide a forum, enjoyable for all, for the exchange of opinions,
comments and information and, therefore, SHANDON HATS 1901, LDA requires its
users to abide by these Terms. Your use of the Site 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. SHANDON HATS
1901, LDA 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 Sites, without notice, in addition to our other remedies if
you fail to follow these Terms.
1.7. From time to
time, our Sites may publish articles or features which some site visitors
may find offensive. SHANDON HATS 1901, LDA does not intend to offend, and
suggests that Site visitors who find the tone or content of the Sites offensive
no longer visit the Sites. No responsibility is taken for any offence caused.
2. USE OF THE SITES
BY YOU
2.1. SHANDON HATS
1901, LDA or its licensors own all material on the Sites. You may retrieve and
display content from these Sites 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 Sites.
2.2. You acknowledge
that all magazine brands are trade marks and that you may not use them without
prior written permission from SHANDON HATS 1901.
2.3. You may not
authorise others to use the Sites, and you are responsible for all of your own
use of the Sites. You agree not to use any obscene, indecent or offensive
language, or to place on the Sites any material that is false, defamatory,
abusive, harassing or hateful. Further, you may not place on the Sites 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 Sites
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 Site, solicit or use another user’s
password or otherwise act in a way that interferes with other users’ use of the
Site.
2.5. Other than
connecting to Shandon Hats 1901 servers by HTTP requests using a web browser,
you may not attempt to gain access to SHANDON HATS
1901, LDA servers by any means, including, without limitation, by using
administrator passwords or by masquerading as an administrator while using the
Sites or otherwise.
2.6. You are
responsible for ensuring that any material you provide to the Sites or post in
a Discussion Forum, 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 Sites or their associated software,
hardware and servers in any way, and you agree not to impede or interfere with
others’ use of the Sites. You further agree not to alter or tamper with any
information or materials on, or associated with, the Sites.
2.8. You acknowledge
that SHANDON HATS 1901, LDA has not reviewed and does not endorse the content
of all sites linked to from the Sites, and is not responsible for the content
or actions of any other sites linked to from the Sites. Linking to any other
service or site from this Site is at your sole risk.
3. AGE LIMIT
By using the Sites or
posting content on any Discussion Forums, 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
DISCUSSION FORUMS BY YOU
4.1. These Terms have
been put in place to help ensure that the Discussion Forum 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
Discussion Forums 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);
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 Sites. SHANDON HATS 1901, LDA operates
a ‘notice and take-down’ policy, which means if SHANDON HATS 1901, LDA notices
or is made aware of a post that contravenes these Terms, SHANDON HATS 1901, LDA
reserves the right to amend or remove the post.
4.4. SHANDON HATS
1901, LDA 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 posts and SHANDON HATS 1901, LDA does not
accept any liability for the content or accuracy of your messages.
4.6. Users of the
Site may submit material for publication in the Discussion Forums. SHANDON HATS
1901, LDA accepts no liability in respect of any material submitted by users
and published by SHANDON HATS 1901, and SHANDON HATS 1901, LDA is not
responsible for its content or accuracy.
4.7. If you want to
submit material to the Discussion Forums 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 SHANDON HATS 1901, LDA damage or
loss, and agree to indemnify and hold harmless SHANDON HATS 1901, LDA in full
and permanently against any third party liabilities, claims, costs, loss or
damage incurred by SHANDON HATS 1901, LDA as a result of publishing any
material you submit to us, including consequential loss.
4.10. Should SHANDON
HATS 1901, LDA become aware of any activity that would be contrary to the Terms
or determine in their sole discretion to be unacceptable, then SHANDON HATS
1901, LDA 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 UK police or other relevant authorities.
4.11. You accept that
SHANDON HATS 1901, LDA 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, SHANDON HATS 1901, LDA may
view and add your IP and/or host address to an ‘excluded database’ to prevent
you gaining further access to the Sites. These addresses are not distributed or
given out to any third party services.
5. USE OF MATERIAL
POSTED BY YOU
Postings to the
Discussion Forums are not private. You grant SHANDON HATS 1901, LDA 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 Sites via such postings, in any medium now in existence or
hereafter developed, for any purpose, including commercial uses to any third
party. SHANDON HATS 1901, LDA 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 Site and all content
located on the Site shall at all times remain vested in SHANDON HATS 1901.
6.2. SHANDON HATS
1901, LDA grants you a limited, non-exclusive, revocable, non-transferable
licence to use the Site content solely for personal use relating to your use of
the Site. Except as expressly set out herein, neither you nor anyone acting on
your behalf acquires any intellectual property rights relating to any Site
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 Site, you agree and grant SHANDON HATS
1901, LDA and its sub-licensees free-of-charge permission to use the
Contribution(s) at SHANDON HATS 1901' sole discretion (including modifying and
adapting it for operational and editorial reasons) in connection with the
operation of the Site 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 UK laws, copyright or other rights of any other person, or
that you have the consents necessary to provide the Contribution(s) to SHANDON
HATS 1901.
6.5. You acknowledge
that SHANDON HATS 1901, LDA 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 SHANDON HATS 1901.
6.6. SHANDON HATS
1901, LDA respects the intellectual property of others, and we ask our users to
do the same. SHANDON HATS 1901, LDA may, in appropriate circumstances and at
its discretion, terminate the access of users, subscribers, and account holders
who infringe the copyright rights of SHANDON HATS 1901, LDA and of others.
6.7. If you believe
that your work has been copied and is accessible on any SHANDON HATS 1901, LDA Site
in a way that constitutes copyright infringement, or that the Site contains
links or other references to another online location that contains material or
activity that infringes your copyright, please contact SHANDON HATS 1901, LDA immediately
using the report function on the Site.
7. TRADE MARKS
All magazine trade
marks are trademarks of SHANDON HATS 1901, LDA or its sister companies and may
be registered in certain jurisdictions. All other trademarks used on these
Sites 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 SHANDON HATS 1901, LDA 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. We will use the information you supply to process your competition entry. For our privacy notice visit https://shandonhats.com/privacy
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 SHANDON HATS 1901,
LDA 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 Shandon Hats 1901, 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. SHANDON HATS
1901’ 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. SHANDON HATS
1901, LDA shall be permitted to exclude or disqualify any entrant at any time
at its sole discretion.
8.14. SHANDON HATS
1901, LDA reserves the right to exclude late, incomplete or multiple
registrations, or registrations made by third parties or agents.
8.15. SHANDON HATS
1901, LDA 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 a stamped addressed envelope to SHANDON
HATS 1901, LDA. Rua da Figueira Preta, n.º 17, 1.º Piso, - Funchal, distrito de
Ilha da Madeira, concelho de Funchal, freguesia de Funchal (Sé) Portugal 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 SHANDON HATS 1901, LDA reserves
the right to change the prize in the event of unforeseen circumstances. There
will be no cash alternative.
8.19 SHANDON HATS
1901, LDA 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 SHANDON HATS 1901, LDA 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 SHANDON
HATS 1901, LDA runs a competition with a promoter such that the promoter is
responsible for the selection and/or the provision of prizes, then SHANDON HATS
1901, LDA shall not be responsible for or have any liability for the provision
of such prizes.
8.22 These Terms are
governed by English law, and entrants agree to submit to the exclusive
jurisdiction of the English Courts in relation to all matters arising under or
in connection with these Terms.
9. COMMENTS BY USERS
ARE NOT ENDORSED BY Shandon hats 1901
SHANDON HATS 1901,
LDA does not necessarily endorse, support, sanction, encourage, verify or agree
with the comments, opinions or statements posted by users in Discussion Forums
or elsewhere on the Sites. 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 Shandon Hats 1901.
10. E-COMMERCE
SHANDON HATS 1901,
LDA 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 SHANDON HATS 1901) 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 SHANDON HATS 1901, LDA 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 SHANDON
HATS 1901) and will be governed by the terms and conditions notified to you at
the time of purchase. SHANDON HATS 1901, LDA cannot and does 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, SHANDON
HATS 1901, LDA (or selected third parties) may include competitions, promotions
or other offers on these Sites. 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 SHANDON
HATS 1901, LDA 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 SHANDON HATS 1901, LDA 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 Site;
(iii) your unauthorised use of material obtained through the Sites; (iv) your
breach of these Terms; (v) any such acts arising through your use of the Sites;
or (vi) any other violation of the rights of another person or party.
14. EDITING AND
DELETIONS
SHANDON HATS 1901,
LDA reserves the right, but undertakes no duty, to review, edit, move or delete
any material posted by users in the Discussion Forums or elsewhere on the Site,
in its sole discretion and without notice.
15. DISCLAIMER OF
WARRANTY AND LIMITATION OF LIABILITY
15.1. YOU UNDERSTAND
AND AGREE THAT YOU ARE USING THE SITES AT YOUR OWN RISK. THE SITES ARE PROVIDED
'AS IS', AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHANDON HATS 1901, LDA AND
ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, 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. SHANDON HATS
1901, LDA AND ITS AFFILIATES MAKE NO WARRANTY, IMPLIED OR EXPLICIT, THAT ANY
PART OF THE SITES 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 SHANDON HATS 1901,
LDA NOR ITS AFFILIATES NOR ANY PARTICIPANT IN THE SITES 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, SHANDON HATS 1901, LDA 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. SHANDON HATS
1901, LDA LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY
DIRECTLY CAUSED BY SHANDON HATS 1901’ NEGLIGENCE.
16. TERMINATION
SHANDON HATS 1901,
LDA 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 SHANDON HATS
1901, LDA will only be used by SHANDON HATS 1901, LDA in accordance with its
Privacy Policy available at https://www.shandonhats.com/privacy. The Privacy Policy
does not apply to third party sites.
18. SAFETY
Please remember that
posting your name, contact information or any other personal information on the
Site 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 Site.
19. INFORMATION AND
AVAILABILITY
While SHANDON HATS
1901, LDA takes every care to ensure that the information on these Sites is
accurate and complete, some of it is supplied to SHANDON HATS 1901, LDA by
third parties and SHANDON HATS 1901, LDA 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, SHANDON
HATS 1901’ Sites are provided 'as is' without any warranties of any kind, and SHANDON
HATS 1901, LDA 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
website that links to this Site must not:
(i) create a frame or
any other browser or border environment around the content of this Site; (ii)
imply that SHANDON HATS 1901, LDA is endorsing it or its products or services;
(iii) use any SHANDON
HATS 1901, LDA trade mark displayed on any SHANDON HATS 1901, LDA Site without
permission from SHANDON HATS 1901;
(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. SHANDON HATS
1901, LDA 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 these Sites
you may be offered automatic links to other sites. While SHANDON HATS 1901, LDA
hopes you will be interested in those other sites, you acknowledge that their
owners may be independent from SHANDON HATS 1901, LDA and SHANDON HATS 1901,
LDA does not endorse or accept any responsibility for their content.
20.4. Pages of the
Site 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 SHANDON HATS 1901.
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 Sites, the content of the Sites is directed solely
at those who access the Sites from the United Kingdom. SHANDON HATS 1901, LDA makes
no representation that any of the content of the Sites is appropriate for use
elsewhere, or available in any other locations. Those who choose to access the
Sites 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 English law. You also agree, subject to the following clause, to submit to
the exclusive jurisdiction of the English courts as regards any claim or matter
arising under these Terms.
21.7. For the
exclusive benefit of SHANDON HATS 1901, SHANDON HATS 1901, LDA 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