Terms and Conditions of Use
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INTRODUCTION
Welcome to our website themakingspot.com (“The Making Spot”). This page (together with the documents referred to on it) sets out the terms and conditions (“Terms”) on which we make available The Making Spot and supply certain goods and services. Please read these Terms carefully. By accessing The Making Spot and/or ordering any goods or services, you agree to be bound by these Terms and our privacy policy.
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WHO ARE WE?
The Making Spot is owned and maintained by Future Publishing Limited (“Future" or “we" or “us") a company registered in England and Wales under company number 2008885 whose registered office at Beauford Court, 30 Monmouth Street, Bath BA1 2BW. Our VAT number is GB 713111493.
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OUR CONTACT DETAILS
If you have any questions about The Making Spot or the products or services available, you should contact The Making Spot team at Future Publishing Limited, Beauford Court, 30 Monmouth Street, Bath, BA1 2BW, telephone number: 01225 442244, email: themakingspot@futurenet.com
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TERMS OF PURCHASE
Any goods or services which may be purchased by you through The Making Spot (“Purchased Items”) are subject to these Terms. Future warrants that the Purchased Items will conform in all material respects with their description and be reasonably fit for all the purposes for which such products are normally supplied. If you have any disputes or queries relating to the Purchased Items please contact us (see paragraph 3 above).
You agree that Future may charge your credit or debit card for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Future with valid credit or debit card details for payment of all fees. All fees will be billed to the credit or debit card you designate. If you want to designate a different credit or debit card, or if there is a change in your credit or debit card, you must change your information online; this may temporarily disrupt your access to The Making Spot while your new payment information is verified.
Your total price will include the price of the Purchased Items plus any applicable VAT (in effect on the day of download).
You have the right to withdraw from your transaction without charge and without giving any reason until delivery of the Purchased Items has started. Once delivery of the Purchased Items has started, your transaction is final. You will not have a right to cancel your contract once the services commence unless you have received an unacceptably poor download. If this happens, you must contact us as soon as possible by following the instructions set out in paragraph 3 above. If the poor download is caused by Future and cannot be resolved, a refund may be provided.
Future reserves the right to change prices for products offered via The Making Spot at any time.
If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Future.
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CONTENT ON THE MAKING SPOT
The copyright in all material contained on, in, or available through The Making Spot including all text, images, graphics and other material (“Material") is owned by or licensed to Future or its group companies. All rights are reserved. You can access, view, print or download extracts of the Material for your own personal use but you cannot otherwise use, copy, commercially exploit or disseminate in any form whatsoever or use the Material without Future’s express permission. You must not frame or link to The Making Spot or any part of it without our permission.
The trade marks, service marks, and logos (“Trade Marks") contained on or in The Making Spot are also owned by Future or its group companies or third party partners. You cannot use, copy, commercially exploit or disseminate the Trade Marks without the prior written consent of Future or the relevant group company or third party partner.
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CONTENT SUBMITTED TO THE WEBSITE
You are responsible for any content (including but not limited to text, images and graphics) ("Content") which you post or upload and/or display (in public or privately) to The Making Spot. Future may (but shall not be obliged to) delete, edit, lock, move or remove any Content without notice and for any reason and/or to record the IP address from which any Content is posted, uploaded and/or displayed without notice and for any reason, including, without limitation, Content which, in our sole discretion, violates these Terms or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever, or in respect of which Future receives any complaint (whether justified or not). By posting, uploading and/or displaying any Content to The Making Spot you warrant that: (a) you own all intellectual property and proprietary rights in such Content or that you have a licence from the owner of such rights to post, upload and/or display such Content on The Making Spot; and (b) the posting, uploading and/or displaying of such Content on The Making Spot and the grant of the licence to Future and its group companies (on the terms set out below) will not infringe the intellectual property or proprietary rights of any third party.
If you upload, post or otherwise transmit any Content to The Making Spot, you automatically: (a) grant other users of The Making Spot the right to access the same and use it in accordance with these Terms; and (b) grant Future and its group companies a non-exclusive, royalty free, sub-licensable, perpetual, world-wide licence to use, modify, publish, publicly perform, publicly display and distribute such Content on and through The Making Spot and in any other form or medium. You continue to own the Content after it is posted to The Making Spot.
You acknowledge that Future will not screen or otherwise check any Content which is submitted by you or any other user of The Making Spot before it is posted, nor monitor yours or any person’s use of the website. As such, you as the user of The Making Spot are responsible for any Content you submit to the website and the manner in which the website is used under your username. You may take down any Content you have submitted to The Making Spot at any time. If you become aware of any misuse of The Making Spot by any person including (without limitation) any posting of Content which violates these Terms, please contact us (see paragraph 3 above) or click on the “Report this” link at the bottom of the website page or next to the Content which has been posted.
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RULES RELATING TO CONDUCT
The Making Spot is made available for your own, personal use and must not be used by you for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use The Making Spot you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws").
You agree that when using The Making Spot you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
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Use The Making Spot in any unlawful manner or in a manner which promotes or encourages illegal activity or in a manner which could damage, disable, overburden or impair The Making Spot; or
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Copy and/or redistribute the Material to any third party, or directly or indirectly charge others for accessing, viewing or listening to any Material, or commercialise or attempt to sell the Material in any way; or
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Register an account with us under more than one user name and/or user account number, or breach the terms of any suspension or ban, or seek alternative access; or
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Attempt to gain unauthorised access to The Making Spot or any networks, servers or computer systems connected to it; or
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Modify, adapt, translate or reverse engineer any part of The Making Spot or Material, or use any robot, spider, site search/retrieval application or other device to retrieve or index any part of The Making Spot or re-format or frame any portion of the web pages comprising The Making Spot, unless permitted by law; or
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Remove or obstruct from view any advertisements and/or any copyright, trademark or other proprietary notices contained on or in The Making Spot or the Material; or
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Upload, post or otherwise display Content which is or promotes behaviour which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, invasive of another's privacy, solicits personal information from anyone under the age of 18 years, or contains any illegal content; or
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Upload, post or otherwise display any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of The Making Spot: or
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Upload, post or otherwise display any Content which is false, misleading, un-necessary and/or repetitive including any Content which is inaccurate; or]
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Upload, post or otherwise display any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional Material.
You agree to indemnify Future and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of The Making Spot otherwise than in accordance with these rules of conduct, Terms or Applicable Laws.
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LINK TO THIRD PARTIES
The Making Spot may contain links to websites operated by third parties (“Third Party Websites"). Future does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
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YOUR PERSONAL INFORMATION
In order to benefit from certain services available through The Making Spot, you will need to provide us with personal information about yourself. We take your privacy very seriously. Future will only use your personal information in accordance with the terms of our privacy policy . By using The Making Spot you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.
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DISCLAIMER / LIABILITY
Use of The Making Spot is at your own risk. The Making Spot is provided on an “as is” basis. To the maximum extent permitted by law: (a) Future disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to The Making Spot or any goods or services available on or through The Making Spot; and (b) all implied warranties, terms and conditions (whether implied by statue, common law or otherwise) are, as between Future and You, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or The Making Spot; or any damages or injury to users of their equipment as a result of or relating to their use of The Making Spot. Your statutory rights are not affected.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (including but not limited to loss of revenue, profits, contracts, business, anticipated savings, wasted expenditure, privacy or data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to The Making Spot.
If Future is liable to you directly or indirectly in relation to The Making Spot, that liability (howsoever arising) shall be limited to fifty pounds sterling (£50.00).
Nothing in these terms shall be construed as excluding or limiting the liability of Future or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
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SERVICE SUSPENSION
Future reserves the right to suspend or cease providing all or any of the services currently available through The Making Spot with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
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ADVERTISERS ON THE MAKING SPOT
We accept no responsibility for any adverts posted on The Making Spot. If you agree to purchase goods and/or services from any third party who advertises on The Making Spot, you do so at your own risk. The advertiser, not Future, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your should contact the advertiser.
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ONLINE COMPETITIONS
If you take part in any competition which is run on or through The Making Spot, you agree to be bound by the rules of that competition and any other rules specified by Future from time to time and by the decisions of Future, which are final in all matters relating to the competition.
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GENERAL TERMS
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Future reserves the right to update these Terms at any time, and it is your responsibility to check these Terms regularly so that you are aware of any changes to them.
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These Terms and all contracts for the purchase of products through the Making Spot shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
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If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.