TERMS OF USE


Welcome to Lifesize Magazine.com (the “Site”). These Terms of Use (the “Terms of Use”) (together with the documents referred to in it) apply to any access to or use of the Site and tell you the terms of use on which you may make use of the Site, whether as a guest or a registered user. The Site is owned and operated by Promodoro XL.com Ltd (“Lifesize Magazine”, “we”, “our”, “us”)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE OR ACCESS THE SITE, AS THESE TERMS OF USE WILL APPLY TO YOUR USE AND ACCESS OF THE SITE. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS OF USE FOR FUTURE REFERENCE.

BY USING OR ACCESSING THE SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO COMPLY WITH THEM.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE OR ACCESS THE SITE.

 

OTHER APPLICABLE TERMS

The Terms of Use refer to the following additional terms, which also apply to your use of the Site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site you consent to such processing and you warrant that all data provided by you is accurate;
  • Our Cookie Policy, which sets out information about the cookies on our site; and
  • Our Acceptable Use Policy, which sets out the rules for how the Site may and should be used. It also explains how we enforce those rules.

 

INFORMATION ABOUT US

The Site is operated by Promodoro XL.com Limited. We are registered in England and Wales under company number 09743257 and have our registered office at 144 Clerkenwell Road, London EC1R 5DF.  Our main trading address is 144 Clerkenwell Road, London EC1R 5DF.  We are a limited company.

 

CHANGES TO THESE TERMS

 We may, at any time and in our sole discretion, amend, modify, delete or add (collectively “Amendments”) to these Terms of Use. Your use of the Site after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

CHANGES TO SITE AND SERVICES

 We may, at any time and in our sole discretion, modify, add to, delete, suspend or terminate the Site and any content, services or material offered on or throughout the Site, for any or no reason, and with or without notice. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

 

ACCESSING OUR SITE AND SERVICES

 Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.

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

 

 

INTELLECTUAL PROPERTY OWNERSHIP

 All information, materials, images, software, photographs, articles, functions, text and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Promodoro XL.com Ltd, its licensors or content providers or other third parties. The Site and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by us under the copyright laws and treaties around the world. We may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. We reserve all rights not expressly granted in and to the Site and the Content.

Unless otherwise noted, Lifesize Magazine and all other trademarks, service marks, trade names, and logos displayed on the Site are the trademarks, service marks, trade names, and logos of Promodoro XL.com Ltd. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Site without the owner’s prior written permission. Unauthorised use of Lifesize Magazine and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited.

You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

USE OF THE CONTENT AND SITE

 Content may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in in any way without Lifesize Magazine’s prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use.  Notwithstanding the above, you may reference or quote up to 75 words of any of our text content (facts, figures, quotes, etc) in your own blog articles, presentations, documents etc. as long as you honour these Terms of Use.

You may share links to any of our Content by email and social media, 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.  We reserve the right to withdraw linking permission without notice.

Our status (and that of any identified contributors) as the authors of Content on our Site must always be acknowledged and you must always link to the original Lifesize Magazine source you’re referencing.

  

NOTICE, TAKE DOWN PROCEDURES, COPYRIGHT AGENT

 While using our Site if you identify any information that you believe to be infringing copyright, please email us at: support[at]Lifesizemagazine.com with all of the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorised representative.

The Site’s agent for copyright issues relating to this web site is as follows:

Promodoro XL.com Limited 
Attn: Lifesize Magazine Copyright Agent
144 Clerkenwell Road, London EC1R 5DF

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

 

NO RELIANCE ON INFORMATION

 The content on the Site is provided for general information only and is not binding on us.  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 Content on our Site.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

LIMITATION OF OUR LIABILITY

The use of the Site and the Content is at your own risk.

 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 fullest extent permitted by law, we, our licensors, and their suppliers, exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied, statutory or otherwise.

We will not be liable to 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: (i) use of, or inability to use, the Site; or (ii) use of or reliance on any content displayed on the Site.

 

If you are a business user, please note that in particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide the Site for domestic and private use. You agree not to use the Site 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.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of us and our suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

 

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 Site or to your downloading of any content on it, or on any website linked to it.

We do not guarantee that our Site will be secure or free from bugs.  You are responsible for configuring your information technology, computer programmes and platform in order to access our site.  You should use your own virus protection software.

 

We assume no responsibility for the content of websites linked on the Site. 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.

 

THIRD PARTY CONTENT

 Lifesize Magazine may from time to time post content supplied by third parties and users (collectively “Third-Party Content”). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Lifesize Magazine. Any sponsored or promoted posts will be clearly marked as such on the Site. Lifesize Magazine does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted above.

 

THIRD PARTY SITES

 Certain links on this Site may lead to Web sites, Web pages, and resources (“Third-Party Sites”) maintained by third parties over whom Lifesize Magazine has no control. Lifesize Magazine accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. Lifesize Magazine makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.

 

USER SUBMISSIONS

 The personal information you submit to Lifesize Magazine is governed by our Privacy Policy. To the extent there is an inconsistency between these Terms of Use and our Privacy Policy, these Terms of Use shall prevail.

The Site contains functionality (including blogs, message boards, articles, user reviews, etc.) that allows users to upload content to certain areas of the Site (collectively “Public Areas“). Whenever you upload content to the Public Areas, you agree that you will comply with the content standards set out in our Acceptable Use Policy (see below) and that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential and non-proprietary for all purposes.

If you make any such submission you agree that you will not send or transmit to us by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to us by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted Promodoro XL.com Ltd a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense its rights through multiple tiers of sublicenses. 

If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Lifesize Magazine by email. We try to answer every email in a timely manner, but are not always able to do so.

You will be solely responsible and liable for, and will indemnify Lifesize Magazine and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from any submission you make to the Site, including, but not limited to, any Claim arising out of breach of this Agreement (including, but not limited to, our Acceptable Use Policy) or any Claim for infringement of copyright, trademark, patent or other proprietary rights.

We have the right to disclose your identity to a third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual rights, or of their right to privacy.

   

INDEMNITY

 You agree to defend, indemnify, and hold Lifesize Magazine, and their officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your breach of these Terms of Use.

 

GENERAL

Lifesize Magazine are based in the United Kingdom with offices in England. We make no claims that the Site and the Content are appropriate or may be downloaded outside the United Kingdom. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. 

 

JURISDICTION AND APPLICABLE LAW

 You expressly agree that exclusive jurisdiction for any dispute with Lifesize Magazine, or in any way relating to your use of the Site, resides in the courts of England and Wales and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England and Wales in connection with any such dispute including any claim involving Lifesize Magazine or their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the laws of England and Wales without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of the provisions of these Terms of Use shall be deemed a further or continuing waiver of that provision or any other provision of these Terms of Use.

 

ACCEPTABLE USE POLICY

 

This acceptable use policy sets out the terms between you and us under which you may access our website Lifesize Magazine.com (the “Site”). This acceptable use policy applies to all users of, and visitors to, our Site.

Your use of our Site  means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use (see above).

The Site is a site operated by Promodoro XL.com Ltd (“we”, “our” or “us”).  We are registered in England and Wales under company number 09743257 and we have our registered office at 144 Clerkenwell Road, London EC1R 5DF. 

Prohibited uses

You may use our Site only for lawful purposes.  You may not use our Site :

  • In any way that breaches any applicable local, national or international law or regulation;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Site  in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our Site ;
  • any equipment or network on which our Site is stored;
  • any software used in the provision of our Site ; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our Site , including, without limitation:

  • Chat rooms;
  • Bulletin boards; or
  • User reviews.

(“Interactive Services”).

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Site , and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site , and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material that you contribute to our Site  (“Contributions”), and to any Interactive Services associated with them.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts);
  • Be genuinely held (where they state opinions); and
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person;
  • Contain any material which is obscene, offensive, hateful or inflammatory;
  • Promote sexually explicit material;
  • Promote violence;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any copyright, database right or trade mark of any other person;
  • Be likely to deceive any person;
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Promote any illegal activity;
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • Be likely to harass, upset, embarrass, alarm or annoy any other person;
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • Give the impression that they emanate from us, if this is not the case; and
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site.  When a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use (see above) upon which you are permitted to use our Site , and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Site ;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
  • 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; or
  • 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 this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.

 

COMPLETE AGREEMENT

 Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use and our Privacy Policy constitute the entire agreement between you and us with respect to the use of the Site, and Content.