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Terms of Use

These Terms of Use (“terms”) are extremely important – please read them carefully as they govern your use of our website and affect your legal rights and obligations. If you do not agree to be bound by all of these terms, you must not use the XWHY website.

Introduction

www.xwhymagazine.com (referred to in this document as “XWHY”, “the website”or collectively as “we”, “us” and “our”) is owned by XWHY Media Ltd, a corporate body doing business in the United Kingdom.
In some instances, for example, in the section of the website which pertains tothe submission of work by you (the user), there may be a separate set ofadditional terms, setting forth additional conditions. It is also imperative to readthese additional terms before using these sections of the site or beforesubmitting any of your own work or photography to the site. These additionalterms affect copyright.

Your Personal Information

To participate in many aspects of our website, we ask you to provide somepersonal details and information. The way that we use this information isgoverned by our Privacy Policy. Please read this carefully before using ourwebsite and submitting any personal information.

Our Ownership of Site Materials

All materials (unless otherwise stated) that are included in our website, including graphics, layout, text, images, audio, video, designs, artwork, logos, domain names, trademarks and any other merchandise or XWHY labelled products or services are owned, controlled, licensed by and copyright property of XWHY Media Ltd. This includes the “look” and “feel” of the website.
These are, therefore, protected from unauthorised use and appropriation, mimicking or dissemination by anyone unauthorised by us to do so.
By agreeing to these terms, you acknowledge and accept that if you breach any of our patents, rights or copyright licenses, you will be liable under the law. This includes copying, reproducing, downloading or distributing any of these materials without written permission from XWHY Media Ltd. You accept that you will not claim any rights to the materials that constitute or can be found on our website and you agree not to aid and abet anyone else who attempts to do the same.
You may visit our website without permission and you are granted a limited, personal, non-exclusive, non-commercial and non-transferrable license to use and view the materials found on the website.

Image Use

Editors and writers typically include images with their articles on the website. The images that they are authorised to use consist of the following:

1.

Images licensed from vendors

2.

Images that are supplied to our writers and editors or released into the public domain by Public Relations and Marketing firms for press or general dissemination purposes.

3.

Images that are supplied by readers and users of the website, with the implication that the person submitting the image owns the copyright to the image and is giving us the right to use it on the XWHY website.

4.

Images that are published on Photobucket, Flickr or other public photosites with Creative Commons licenses, with attribution where the CC license demands it.

5.

Images that are commissioned by photographers affiliated with XWHYMedia Ltd

6.

We allow our writers to use images that are considered to be covered bythe Fair Use Doctrine. These include: images that are used to delineate a news story, where the image itself tells a story; images distorted for parody; images that are widely distributed already and have become part of the news.

If you wish to notify us of an image that you feel does not fit with any of thecategories listed above and constitutes a misuse under copyright, please contact us at info@xwhymagazine.com and we reserve the right to determine if it should be removed from the website.

Code of Conduct

We run a website that allows you to offer your own submissions (including text, photos, artwork and videos), as well as to post comments about any of the articles. It is therefore imperative that you heed these rules of conduct:

1.

You must not post anything that violates any applicable law, foreign or domestic, and you must not post anything defamatory, violent, pornographic, racist or discernibly objectionable.

2.

All submissions must be your own. We do not accept plagiarised work.The content you post must be original with you and not copied from anybody else. Anyone who collaborated with you on the work submitted must have given their permission for it to be uploaded to the website. The responsibility for acquiring this permission lies withyou.

3.

Your submissions must not contain third party advertising. No trademarks or logos from brands other than the XWHY Media brand will be accepted.

4.

You agree not to hack or harm in any way the security of our systems.

5.

You will not use our website for commercial purposes. You will notuse it to advertise, promote or market a product other than those related to XWHY Media Ltd, be this through comment posts, blogs or submitted articles.

6.

You will not post links to any content or sites that violate the law orcould be considered objectionable.

7.

Be aware of social decency. Do not harass, stalk or launch personal attacks via the community channels found on our website. Be respectful of other people’s opinions, gender, sexual preference, race, religion, physical handicap, place of origin and so on. Discussion is healthy, but slander, bullying, hate and discrimination will not be tolerated under any circumstances.

Ownership of Materials Submitted

Our readers have the opportunity to submit their own work (text, images, photos, videos, artwork and graphics) for publication by the website.
If you submit any materials to XWHY, you must first understand what this means in terms of copyright and what we do and do not promise to take responsibility for.

1.

You remain the owner of the content that you have submitted, but you acknowledge that XWHY has a license from you to publish your submission. This license is unrestricted, unconditional, royalty-free, worldwide, unlimited and irrevocable.

2.

We have no obligation to publish anything that you submit.

3.

Any submissions of yours that appear on XWHY’s website must not be offered to any other print magazine, online magazine or website, for money or otherwise, unless you have received written permission fromXWHY Media Ltd to do so.

4.

We reserve the right to edit and modify any works submitted.

5.

By submitting materials to XWHY, you agree that you are a) the originalowner of the content and it has not been stolen or plagiarised in any way, b) you have the necessary rights and licenses to offer these materials for publication and c) you waive the right to claim royalties from or to claim private copyright over these materials once they have been submitted toXWHY.

6.

You agree that we have no obligation to monitor or protect your intellectual property rights to the content submitted.

7.

If you break these conditions and you submit materials which have been plagiarised or breach existing copyrights in any way, you agree a) to notify XWHY of any breach of copyright claims by third parties b) to take full responsibility for any breaches and b) that XWHY is not liable for any such breaches.

Comments Section

A quick disclaimer – while we aim to monitor our comments section as best aswe can, when volume exceeds manpower, we will not always be able to vet whatappears on the site. If we miss anything that you believe to be objectionable, please contact us as info@xwhymagazine.com and we will assess whether or not to take it down. We reserve the right to pass final judgement on whether something is acceptable or not.

And Finally

By using this website you automatically accept and agree to these Terms and Conditions. This means that you warrant that you have the legal right and capacity to enter into these terms or, if you are a minor, that your parent or legal guardian has approved your participation with this website.
If you violate any of the terms, or if you misuse this website, you agree to defend, indemnify and hold harmless XWHY Media Ltd, its officers, directors, employees, agents, licensees, partners or sponsors from any liability. We cannot be held responsible for any costs incurred by you related to your violation or misuse of the website.

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