Terms & Conditions AxxNox Self Defence Training Magazine
“Content” means all information, data, text, software, computer programs in any form, music, sound recordings, photographs, graphics, video or film works, databases, and other copyright compilations comprised in or appearing on the Site or forming part of any materials uploaded, posted (by mail or otherwise), linked to, emailed or otherwise transmitted to or via the Site or to AxxNox Self Defence Training Magazine.
“Contributor” means any person (other than you, a User or AxxNox Self Defence Training Magazine or any of its employees), including without limitation any freelance journalist employed, contracted, or in any way commissioned other than a person invited to take part in any chat room or online forum who uploads, posts, links to, e-mails or otherwise transmits Content to or via the Site.
“Contributor Content” means any Content created by and/or originating from a Contributor.
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Services” means those services provided by AxxNox Self Defence Training Magazine as made available on or through the Site from time to time.
“Site” means our website, “axxnox.com”.
“Third Party Sites” means any website provided by parties other than AxxNox Self Defence Training Magazine or its group companies whether directly or through frames.
“User Content” means all Content created by and/or originating from you or other Users.
“User” means any person other than a Contributor who visits the Site and/or uses the Services (or any of them).
“you” or “your” means the person, firm, company or organization browsing or using the Site and/or using the Services (or any of them), whether as a guest or a registered user.
Acceptance of terms
By using this website the reader assumes all risks associated with the use or misuse of this information. User agrees to defend, indemnify and hold harmless AxxNox and its affiliates, directors, officers, managers, members, employees, owners and agents from and against any and all claims on any theory of liability whatsoever and expenses, including attorneys' fees arising out of the use or misuse of this information. It is the user's responsibility to follow and comply with all local and state laws.
We aim to update the Site regularly and may change the Content at any time. Some of our Content may be provided by third parties from time to time. As such, any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
If the need arises, we may suspend access to the Site, or close it indefinitely, without notice or explanation.
Submissions to the site
You acknowledge and agree that we have the right to use, edit or reject any Content that you send for any purpose whatsoever, commercial or otherwise, without payment to you – unless you have specifically stated otherwise in writing prior to submission and it has been agreed with us. You agree that we can reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content or incorporate it in any form, media or technology now known or later developed throughout the world and you irrevocably license us to do so on a non-exclusive royalty-free basis. We assume no responsibility for the return or safety any Content submitted to us. You must have worldwide ownership of any and all Intellectual Property Rights which are applicable to the Content, or full permission from the owner of these rights, for of all Content that you send to us or post on the Site. By sending Content to us or posting it on the Site you warrant and represent to us that you are the owner of any and all of the rights referred to in the first sentence of this clause or that you have obtained express permission from the holder of such rights to do so and hereby agree to indemnify us in respect of any breach of the warranty given in this clause.
With the exception of material used by us on the Site under license, we own the Intellectual Property Rights throughout the world for all formats known or subsequently discovered or invented in all Content. We reserve and will defend all our rights in the User Content. You must not copy, reproduce, publish, republish, upload, post, distribute, transmit, re-transmit, broadcast, extract, re-utilize or adapt the Content in any way without our prior written consent. You may, however, print or download copies of the webpages of the Site for your own personal, strictly non-commercial use.
We rely on the author of each submission to present us with accurate and factual Content. We assume no responsibility for the accuracy of Content provided on the Site nor for mistakes, errors, or omissions of any kind, nor for any consequence relating directly or indirectly to any actions taken on the basis of any Content displayed on or downloaded from the Site. Under no circumstances shall we be liable for any damages that result from the use of, or the inability to use, the materials in the Site even if we have been advised of the possibility of such damages.
In the event you download any computer program from the Site, the computer program, including any files, images incorporated in or generated by the computer program, and data or databases accompanying the computer program (collectively the “Software”) are licensed to you by us. No title or other rights of any kind whatsoever in the Software will be transferred to you and we retain the full and complete title to the Software and all intellectual property rights in it throughout the world. You may not copy (except for the purposes of making a single back up copy for your own use), distribute, redistribute, sell, rent, lease decompile, reverse engineer, disassemble, adapt, alter or otherwise reduce the Software to a human-perceivable form nor remove any trademark or copyright notice from the Software. The Software is licensed “as is” and “with all faults”. To the maximum extent permitted by law, all express or implied terms (whether implied by statute, course of dealing, custom or at common law) relating to the quality, merchantability or fitness for purpose of the Software are excluded and we accept no liability for any problems or damages arising from the downloading, installing or use of any Software or any other images or information derived from the Content.
Viruses, Hacking, and Other Offences
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer, or database connected to the Site.
You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. You also must not seek to access, alter or delete any information for which you have not been authorized to access, or overload, spam or flood our site, take any action to crash, delay, damage, or otherwise interfere with the operation of the Site.
By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach of these terms, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
This agreement is effective until terminated by us at any time without notice and without liability to you.
Opinions expressed on the site
Any statements and opinions expressed on the Site are those of the author and do not reflect the opinions of AxxNox Self Defence Training Magazine.
Whilst we may offer Links to Third Party Sites, we have no control over the content or appropriateness of the content on such Third Party Sites and you acknowledge and agree that we are not responsible for the availability of such Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites, and will not be a party to, or in any way responsible for, any transaction entered into concerning goods or services available through such Third Party Sites.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever and howsoever arising resulting from your use of or reliance on any Content, or goods or services available on or through any Third Party Sites.
You agree that you must evaluate, and bear, all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us and/or contained in and forming part of the Site. You acknowledge that when you voluntarily disclose personal information (eg, user name, e-mail address), the information can be collected and used by others and may result in unsolicited messages from other posters and parties. You acknowledge and agree that we may preserve Content and may also disclose User Content or Contributor Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third parties; or (c) protect the rights, property, or personal safety of us, or users and the public.
Exclusion of liability
We do not and cannot give any warranties in respect of the Site, Content, Software or the Services available through the Site (collectively, “Site Services”). To the maximum extent allowed by applicable law, we hereby disclaim all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, care or of workmanlike effort. Additionally, we make no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
Terms of Business
The supply of services by us to you will be subject to our Research User Terms as set out below.
Jurisdiction and Applicable Law
By visiting this site you agree to these uses of your personal information. If you do not agree please exit this website now.
Research User Terms
These terms (“Terms”) apply to individual research inquiries and information services provided by AxxNox Self Defence Training Magazine, a trading name of AxxNox Self Defence Training Magazine.
By checking the box at the bottom of the inquiry form, non-account-holders accept these Terms on behalf of their company or other business entity (referred to in these Terms as “you” and “your”) on the terms that appear below. If you have any questions, contact AxxNox Self Defence Training Magazine.
Your attention is particularly drawn to the provisions of clause 3.
These Terms are your agreement with AxxNox Self Defence Training Magazine which supplies or makes available certain Information (as defined below) in response to your research enquires (“the Service”). They shall apply in addition to the general User Terms for (the “Site”) except in the event of any inconsistency in which case these Terms shall prevail.
Once you have submitted an online order form giving details of your inquiry, you will be contacted by AxxNox Self Defence Training Magazine to (i) discuss the inquiry and provide a cost estimate (which will remain valid for 30 days) and/or (ii) to confirm that the Service can be carried out and confirm the cost of the Service (if applicable). Please note that this does not mean that your order has been accepted. The cost of each Service set out on the Site is subject to change without notice prior to entering into a contract.
A contract with you for (i) an individual research inquiry and/or (ii) access to certain Information via the Site or by email, shall be subject to these Terms and shall come into effect when (a) you have confirmed to AxxNox Self Defence Training Magazine that it may proceed with the research specified in the order form at the fee agreed between us or (b) when we issue written acceptance of your order.
Where AxxNox Self Defence Training Magazine has not agreed on a fixed cost for the Service, it will advise you prior to exceeding any initial cost estimate that is given too you. Subject to Clause 5, you have the right to terminate this agreement within three (3) days of the contract coming into effect. All communications between us, including cost details and the supply of information, shall be made by email, post, fax, telephone or otherwise via the Site. AxxNox Self Defence Training Magazine reserves the right to add to or change these Terms in respect of any future enquiry by notice on the Site. You will be deemed to have accepted any change to these Terms if you make a new order after such notice has been given.
2. Your Use of the Service
The copyright, database right and all other Intellectual Property Rights in all information provided to you through the Service (the “Information”) belongs to AxxNox Self Defence Training Magazine and/or its third-party licensors and no such rights shall be transferred to you. You will not remove any copyright notice from any Information. In consideration of the charges in respect of the Service, AxxNox Self Defence Training Magazinegrants to you a non-exclusive revocable licence to use the Service strictly for your internal research purposes. You may make a reasonable number of copies of the information for such purpose. You may not sell, redistribute or otherwise make the Service or the Information available in any manner on any media to any third party unless the prior written consent of AxxNox Self Defence Training Magazine has been obtained. You may on an occasional basis include small amounts of Information in research reports or written advice provided that you do not separately charge (directly or indirectly) for that content. AxxNox Self Defence Training Magazine reserves the right at any time in its absolute discretion to revise or amend the Service including, in particular, the source of information used to provide the Service. You acknowledge and agree that “AxxNox”, “AxxNox Self Defence Training Magazine”, are trademarks that, except as set out in these Terms, you may not use without prior written permission from AxxNox Self Defence Training Magazine.
For the purposes of these Terms, “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
3. No Warranties, Exclusion Of Damages, Limitation Of Liability And Exclusive Remedy
The Information is only for your general information and use and is not intended to address your particular requirements. In particular, the Information does not constitute any form of advice, recommendation or arrangement by AxxNox Self Defence Training Magazineand is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision.
AxxNox Self Defence Training MagazineWILL USE REASONABLE SKILL AND CARE IN PROVIDING THE INFORMATION IN RESPONSE TO YOUR ENQUIRY. AxxNox Self Defence Training MagazineDOES NOT OTHERWISE GIVE ANY WARRANTIES IN RESPECT OF THE SERVICE OR INFORMATION. IN PARTICULAR, THE SERVICE IS PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, AxxNox Self Defence Training MagazineHEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, LACK OR NEGLIGENCE OR OF WORKMANLIKE EFFORT. ADDITIONALLY, AxxNox Self Defence Training MagazineMAKES NO WARRANTY THAT THE SERVICE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. NO INCIDENTAL OR CONSEQUENTIAL DAMAGES: TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT AxxNox Self Defence Training MagazineWILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR FOR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICES OR THE INFORMATION OR TO ANY BREACH OF THE TERMS BY AxxNox Self Defence Training Magazine, EVEN IF AxxNox Self Defence Training MagazineHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY. YOU AGREE THAT IN THE EVENT OF ANY CLAIM BEING MADE AGAINST YOU ARISING WHETHER IN WHOLE OR IN PART OUT OF THE USE OF THE SERVICE OR THE INFORMATION, YOU WILL NOT SEEK FROM AxxNox Self Defence Training magazine and/OR ITS THIRD PARTY LICENSORS IN RESPECT OF ANY SUCH CLAIM ANY INDEMNITY OR CONTRIBUTION WHATSOEVER.
AxxNox Self Defence Training Magazine’s total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equal to the aggregate amount of charges received by AxxNox Self Defence Training Magazine from you in respect of the provision of the Service as at the date of such act or omissions.
Notwithstanding clause 3 above, AxxNox Self Defence Training Magazine’s liability shall not be limited in the case of death or personal injury to any person to the extent that such death or injury is caused by AxxNox Self Defence Training Magazine’s negligence or in the case of fraud or fraudulent misrepresentation.
This clause shall survive the termination of the contract.
All charges in respect of the Service shall be as agreed in accordance with clause 1, subject to any variation agreed between us in writing. All charges and charge rates expressed are exclusive of VAT and any other taxes which are or may be applicable.
For all fixed cost Services, AxxNox Self Defence Training Magazine shall invoice you prior to commencing the Service and for all other Services, AxxNox Self Defence Training Magazine shall invoice you on a monthly basis on a time and materials basis on its standard charge rates.
You shall pay each invoice submitted by AxxNox Self Defence Training Magazine: (a) within thirty (30) days of the date of the invoice; and (b) in full and in cleared funds to a bank account nominated in writing by AxxNox Self Defence Training Magazine, and time for payment shall be of the essence of the contract.
Except as set out in this clause 4, all payments (including any applicable taxes) must be made by credit card in the currency agreed with AxxNox Self Defence Training Magazine. You must provide your credit card details at AxxNox Self Defence Training Magazine’s request prior to commencement of the Service. If AxxNox Self Defence Training Magazine(or its designated agent) does not receive payment authorisation from your credit card clearing service, AxxNox Self Defence Training Magazine may immediately suspend the Service.
Without limiting any other right or remedy, if you fail to make any payment due to us under the contract by the due date for payment (“Due Date”), we shall have the right to charge interest on the overdue amount at the rate of four per cent (4%) per annum above the then current Barclays Bank plc’s base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment and compounding quarterly.
You shall pay all amounts due under the contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
If you wish to terminate the Service in respect of any particular enquiry, you shall notify AxxNox Self Defence Training Magazine by email or post and AxxNox Self Defence Training Magazine shall not, from receipt of such notice during its normal business hours, carry out any further work in respect of the enquiry. In such event, you will be charged only for the work carried out prior to the receipt of such notice. AxxNox Self Defence Training Magazine may terminate or withhold the Service at any time: (i) for any conduct by you that AxxNox Self Defence Training Magazinereasonably believes is a breach of these Terms; or (ii) if you suspend, or threaten to suspend, payment of your debts or you are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) have any partner to whom any of the foregoing apply. Without limiting its other rights or remedies, AxxNox Self Defence Training Magazine may also terminate the contract with immediate effect by giving written notice to you if you fail to pay any amount due under this Contract on the due date for payment. Such withdrawal shall be without prejudice to any other rights of AxxNox Self Defence Training Magazine with respect to such breach.
On termination of the contract for whatever reason, all licenses granted by AxxNox Self Defence Training Magazine To you shall cease immediately and AxxNox Self Defence Training Magazine shall immediately cease to provide the Service.
AxxNox Self Defence Training Magazine shall keep confidential and shall not disclose to any third party the fact that you have made an enquiry concerning any matter nor the nature of any such enquiry. Except as expressly agreed, these Terms shall constitute the entire agreement between us with respect to the Service and shall supersede any and all representations or other statements whether written oral made by or on behalf of one party to the other. Neither party shall be liable for any delay or failure to perform its obligations caused by any industrial dispute or other circumstances beyond its reasonable control. You shall not assign or otherwise transfer your rights or obligations under these Terms without the prior written consent of AxxNox Self Defence Training Magazine. No variation of these Terms shall have effect unless agreed in writing by AxxNox Self Defence Training Magazine. Any waiver of any provision contained in these Terms shall not be binding unless in writing signed for and on behalf of AxxNox Self Defence Training Magazine. If any provision of these Terms is held to be illegal or unenforceable the validity of the remainder shall not be affected. The parties shall use their respective best endeavours to agree to a provision to replace the illegal or unenforceable provision which as far as possible achieves the original intention. A person who is not a party to these Terms or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
8. Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of the United States of America. The parties irrevocably agree that the courts of United States of America shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them. For the exclusive benefit of AxxNox Self Defence Training Magazine, AxxNox Self Defence Training Magazine shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
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