1.1 These terms and conditions shall govern your use of our sites.
1.2 By using our sites, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our sites.
1.3 If you register with our sites, submit any material to our sites or use any of our sites services, we will ask you to expressly agree to these terms and conditions.
2.1 Copyright © Soft Punk Magazine.
2.2 The copyright to all contents of this site is held either by Soft Punk or by the individual authors, and none of the material may be used elsewhere without written permission. For reprint enquiries, please contact us.
3.1 You may:
(a) view pages from our sites in a web browser;
(b) download pages from our sites for caching in a web browser;
(c) print pages from our sites;
(d) stream audio and video files from our sites; and
(e) use our sites services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our sites or save any such material to your computer.
3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our sites.
3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our sites (including republication on another sites or print publication);
(b) sell, rent or sub-license material from our sites;
(c) exploit material from our sites for a commercial purpose; or
(d) redistribute material from our sites.
3.5 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person, and share excerpts on social media platforms.
3.6 We reserve the right to restrict access to areas of our sites, or indeed our whole sites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our sites.
4.1 You must not:
(a) use our sites in any way or take any action that causes, or may cause, damage to the sites or impairment of the performance, availability or accessibility of the sites;
(b) use our sites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our sites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our sites without our express written consent;
(e) access or otherwise interact with our sites using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our sites; or
(g) use data collected from our sites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our sites to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our sites, or in relation to our sites, is true, accurate, current, complete and non-misleading.
6.1 These terms and conditions set out the conditions relating to all sales of subscriptions whether in print or digital, or both. Any agreement to purchase a product or access to our publications is with Soft Punk Magazine: “Soft Punk”. Soft Punk is a solely traded company operated by Jacob Barnes in the United Kingdom, awaiting registration details delayed as a result of the Coronavirus.
6.2 Print Purchases
6.2.1 Each purchase is personal to the subscriber, and is a non exclusive, non transferable right of access from the date of contract, fully in accordance with our licence at Clause 6 below.
6.2.2 For print purchases, these will be delivered to your nominated address, based on the number of issues stated on the subscription page, for 1 year starting with the current issue at the point of contract, unless otherwise agreed in writing. We cannot be held responsible for postal or customs delays.
6.2.3 We reserve the full editorial control over our publications and services and reserve the right to make changes, including but not limited to, our editorial approach, the right to remove certain content which may be or become contentious, complained about, unlawful, or which has not been complied in accordance with our requirements, and includes the look, feel and functionality of our publications and services.
6.3 Placing an order and our acceptance
6.3.1 When you request a subscription (which includes renewals or subscriptions) whether in print, online or via mobile downloads (as applicable to the publication or service), the subscription will be for the period agreed, in multiples of 12 months or more, unless Clause 7.3.5 below applies or as otherwise stated herein.
6.3.2 Subscriptions and access rights are supplied subject to availability, remaining in current circulation and continuing to be owned by us or licensed to us. In the event that we are unable to supply any subscriptions/access rights for the agreed term, we will inform you as soon as possible and provide you with a full refund. To the fullest extent permitted by law, we will not however be liable for any other direct or indirect losses, nor any losses, caused as a result of not being able to supply you with the subscriptions for all or any of the periods subscribed to. This does not affect your statutory rights.
6.5 Prices and payments
6.5.1 Unless you have purchased your product via an agent, the price that you pay for your subscription/access rights should be the standard pricing as indicated on the sites, brochure, letter, email or via the phone (as applicable) which will depend on your billing/invoice address. These prices are valid for purchases made during the calendar year which the purchase relates to. You will be charged in the currency as indicated via the sites, brochure, letter, email or via the phone which, if not the country of your bank account, will be converted by your bank into the currency of your bank account, when processed. We are not responsible for any additional charges your bank may apply.
6.5.2 While we try to ensure that all prices we display and quote are accurate, errors may occur. If we discover any error in the prices of the subscriptions you have ordered and this is greater than what you have paid, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel for this reason and we have already processed your payment, you will receive a full refund.
9.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our sites; (b) that the material on the sites is up to date; or (c) that the sites or any service on the sites will remain available.
9.2 We reserve the right to discontinue or alter any or all of our sites services, and to stop publishing our sites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any sites services, or if we stop publishing the sites.
9.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our sites and the use of our sites.
10.1 Nothing in a contract under these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in a contract under these terms and conditions: (a) are subject to Section 10.1; and (b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
10.3 To the extent that our sites and the information and services on our sites are provided free of charge, we will not be liable for any loss or damage of any nature.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the sites or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our sites;
(c) permanently prohibit you from accessing our sites;
(d) block computers using your IP address from accessing our sites;
(e) contact any or all of your internet service providers and request that they block your access to our sites;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our sites. 11.2 Where we suspend or prohibit or block your access to our sites or a part of our sites, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
12.1 We may revise these terms and conditions from time to time.
12.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our sites from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our sites.
12.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the sites, and you must stop using the sites.
13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
14.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
15.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
17.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
17.2 Any disputes relating to a contract under these terms and conditions shall be subject to the jurisdiction of the courts of England.
18.1 Our VAT number is GB385 9264 05.
19.1 This site is owned and operated by Jacob Barnes, trading as Soft Punk Magazine.
19.2 We are awaiting registration, delayed as a result of Coronavirus measures. Our registered office is at Flat 4, 295A Hoxton St., London N1 5JX, UK.
19.3 Our principal place of business is at Flat 4, 295A Hoxton St., London N1 5JX, UK.
19.4 You can contact us by writing to the business address given above, by email to email@example.com or by telephone on +44(0)7513141017.