I AM NEW GENERATION
TERMS AND CONDITIONS
Last updated 21 July 2020
These terms and conditions (“Terms and Conditions”) apply to and govern your access to and use of https://www.iamnewgeneration.co.uk (the “Website”) and our related I Am New Generation Ltd (“us“, “our“, “we”, “IANG”) content, sites, magazines and services (together, the “Service”).
Please read the following carefully before using or accessing any part of our Service or making any financial contribution to support us. By doing any of the foregoing, you are agreeing to be bound by and become a party to these Terms and Conditions (which can be found on our Website). If you do not agree with these Terms and Conditions, you may not use or access any part of the Service.
I Am New Generation Ltd is a company registered in England and Wales under company number 09192162 and with our registered office at 86-90 Paul Street, London, England, EC2A 4NE. If you have any queries concerning these Terms and Conditions you may contact us at firstname.lastname@example.org.
- LIMITED USE LICENSE
- 1.1 We grant you a limited, non-exclusive right and licence for you to access, view and enjoy the Service for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of these Terms and Conditions. Where a part of our Service allows you to do so (such as with a forum or with comments or messaging), this licence includes the right to communicate with other users solely through the means we provide to you.
- 1.2 The Service comprises of copyright works of ours and also of our licensors (such as freelance writers we might engage from time to time). Use of our Service is licensed, not sold, to you. The licence granted to you by Clause 1.1 confers no title or ownership in the Service, Website or any content, assets or works within them. Please note that we do not permit copying or reproduction of our content unless we agree in writing and in advance. Any unauthorised (non-personal) use, reproduction or redistribution of the Service which is not in accordance with the terms of these Terms and Conditions is prohibited.
- 1.3 Although we take all reasonable care to ensure that the information / articles provided by Iamnewgeneration.co.uk and our services are accurate, please be aware that some content may be supplied to us by third parties and for that type of content we may be unable to check its complete accuracy. You are advised to confirm the accuracy of any information / article to your own satisfaction before depending on it.
- YOUR OBLIGATIONS
- 2.1 You must not do any of the following with the Service except to the extent expressly permitted by these Terms and Conditions:
- 2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Service (including the Website or any content or other part of the Service) in any way (except where we expressly permit you to do so, and except for limited permitted sharing of links and brief article extracts or commentary on your personal social media for personal purposes only);
- 2.1.2 engage in any act that we reasonably deem to be in conflict with the spirit or intent of the Service including without limitation using any technologies to attempt to disrupt or harm users’ access to the Service;
- 2.1.3 attempt to gain unauthorised access to the Website or any part of our Service or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by us; or
- 2.1.4 use the Website or any part of our Service for any harmful, distasteful, racist, illegal or immoral purposes (in our view and at our discretion).
- 2.1 You must not do any of the following with the Service except to the extent expressly permitted by these Terms and Conditions:
- ARTICLES AND CONTENT SUBMITTED BY YOU
- 3.1 We may from time to time invite user-generated content submissions of articles, photos or other content from you. By contributing, you are granting us a worldwide, exclusive, perpetual, irrevocable, royalty-free permission, right and licence to use, copy, adapt, edit, translate, make available, transmit and otherwise communicate, display and publish such content (or any part of it) on the Service and any parts of it, and also to store your contributions on our servers.
- 3.2 Please be aware that the licence you grant to us pursuant to Clause 3.1 is irrevocable. This means that, once you submit the content, we will not be required to cease using it – even if you ask us to. This is necessary because if we use the content such as in an article or published materials, we would not want to take the content down and disappoint our readers. However, if you do have a concern regarding content you have submitted to us, please contact us by email and we will consider your request, acting reasonably.
- 3.3 We can use all or some part of your submitted content or articles in, alongside or in connection with advertising and marketing materials for our Service (including without limitation in our social media posts).
- 3.4 Nothing in this Clause 3 obliges us to make use of any content you submit to us.
- 3.5 You are responsible for all content you submit to us in accordance with this Clause 3 and you indemnify us for the content in accordance with Clause 12.1.
- 3.6 By submitting your content to us, you warrant and represent that you own all necessary rights (including without limitation any and all intellectual property rights) to grant us the rights pursuant to Clause 3.1 and that the content is your original work. Furthermore, you warrant and represent to us that: (i) your content does not infringe the rights of any third party (including without limitation their intellectual property or privacy rights); and (ii) you have obtained any and all necessary consents from any third party individuals and organisations featured in your content; and (iii) your content does not feature any individuals under the age of 18, except with the express prior permission of the child’s parents in writing. The foregoing consents must include consents to the grant of rights to IANG pursuant to Clause 3.1.
- 3.7 You must not submit any fictional, plagiarised, false, misleading or inaccurate content to us for onward use or publishing. Any partial or potential fiction, inaccuracy or misleading statement must be clarified with an appropriate, express written disclosure to us explaining the content for our prior consideration and the issue and also with an appropriate label within the content.
- 3.8 IANG is a member of the Independent Press Standards Organisation (IPSO) and we value the trust placed in our organisation by our readers. We value professional standards of editorial, of transparency and also of accountability. We ONLY publish original and exclusive content/features that are produced to high standards as required by the IPSO Editor’s Code and we make ourselves accountable by submitting to the rulings of an independent regulator.
- 4.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Service (including without limitation our Website) and each part thereof (including, by way of example only and without limitation, articles, art, photos, imagery) and any copies, translations, modifications, adaptations and any other derivatives based on our Website and Service and any materials therein are owned by, belong to and vest in us and our licensors.
- 4.2 The Service may contain certain licensed materials licensed by third parties to us. All trade marks and other rights are the property of their respective owners.
- 4.3 The Service may include intellectual property, or references, relating to third parties such as (without limitation) regarding real-world events, people, organisations, places, stadia, venues, teams, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with third party rights owners regarding such references. We may in some instances make limited use of unlicensed third party intellectual property for the limited purposes of providing information about and/or to report real-world facts in an honest and fair way and as permitted by applicable law.
- SUPPORT CONTRIBUTIONS
- 5.1 You may choose to take up an offer of a support contribution to help support our ability to provide the Service (such as with a recurring monthly payment or one-time payment) (“Support Contribution”). We are very grateful for all Support Contributions and they allow us to continue working with a primarily free-to-view and ‘no pay wall’ business model for distributing our content.
- 5.2 Please be aware that IANG is not a registered charity and your Support Contributions are voluntary payments to support the Service only and are not charitable donations.
- 5.3 Please do not make a Support Contribution to us unless you are aged 18 or over.
- 5.4 To allow us to process your Support Contribution, you must provide a current, valid, accepted method of payment, which you may update from time to time (the “Payment Method”) to our payment processing vendor (e.g. PayPal or Steady). If you choose a recurring Support Contribution, please be aware that you authorise us to process payment from your Payment Method on a recurring basis for that transaction (e.g. if you choose monthly, we or our vendor would process the payment monthly).
- 5.5 You can cancel your recurring Support Contribution at any time. Cancellation options may be available to you in-Service and/or via the platform settings for your account with the third party platform processing your payment (e.g. in your Steady or PayPal settings).
- 5.6 Please be aware that we may from time to time change the details of our Support Contribution options, including without limitation the pricing options. Any such changes will only take effect from the date permitted by applicable law, and in any case never less than thirty (30) days from when we notify you of the change.
- 5.7 Please be aware that Support Contributions you make do not, unless expressly set out to the contrary in the Service from us to you, provide you with any additional Service access, content, products or features from us, but are very much appreciated by us in order to allow us to continue to provide our Service to all of our readers on the basis of a free-to-access content publishing model.
- 6.1 These Terms and Conditions and the licences granted by them are effective until terminated.
- 6.2 We may temporarily discontinue the Service at any time for the purposes of upgrades (such as to the Website), maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
- 6.3 You may terminate these Terms and Conditions at any time and for any reason by ceasing to use the Service and, where applicable, unsubscribing and notifying us by email (however your recurring Support Contribution, if applicable, remains active unless cancelled in accordance with Clause 5.5).
- 6.4 We may terminate these Terms and Conditions if you fail to abide by them or we reasonably suspect that you have failed to abide by them. We may take any action we deem reasonable in our sole discretion against users who do not comply with these Terms and Conditions, which may include banning users from any part of the Service. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, these Terms and Conditions. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
- 6.5 Without prejudice to the other provisions in these Terms and Conditions, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply: you would not be entitled to compensation or a refund of any Support Contribution made.
- 6.6 Following termination for any cause, you will no longer be permitted to use the Service (including without limitation the Website).
- WARRANTY AND LIMITATION OF LIABILITY
- 7.1 IANG warrants that it has used and will use reasonable efforts to ensure that:
- 7.1.1 It is entitled to grant the rights and licences granted hereunder; and
- 7.1.2 The Service will be as described, fit for purpose, and of satisfactory quality.
- 7.2 Except as specifically provided in these Terms and Conditions and to the maximum extent permitted by law:
- 7.2.1 The Service (including without limitation the Website) is provided on an “as is” and “as available” basis without warranty or guarantee of any kind (express or implied) other than those set out in these Terms and Conditions;
- 7.2.2 IANG only accepts liability for direct loss as a result of its breach of its warranties in clause 1 above unless otherwise set out in these terms and conditions;
- 7.2.3 Subject to clauses 7.3 and 7.2.4, IANG and its licensors’ maximum liability will be limited to the greater of £50 and the amounts paid by you to us;
- 7.2.4 IANG and its licensors will not in any event be liable in any way for any consequential or indirect loss or damage (save to the extent that damage to your device or other digital content which you own is caused by the Service as a result of our failure to use reasonable care and skill, in which case you may be entitled to compensation or we may be obliged to repair your device).
- 7.3 These terms and conditions shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, or death or personal injury caused by IANG’s negligence.
- 7.1 IANG warrants that it has used and will use reasonable efforts to ensure that:
- AGE RESTRICTIONS
IANG does not target the Service (including without limitation the Website) to users under 13 years of age. To use the Service you must be over the age of 13. By using the Service you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
- USER BEHAVIOUR RULES
- 9.1 You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute IANG.
- 9.2 Where the Website allows you to share content with other users, we shall be entitled to remove, restrict, suspend or alter that ability for any reason in our sole and absolute discretion.
- 9.3 You will cooperate fully with us to investigate any suspected harmful, immoral, illegal, fraudulent or other improper activity of any nature.
- 9.4 If you feel that the behaviour of another user breaches these Terms and Conditions then please let us know by sending an email to email@example.com with details of the potential breach and/or the user responsible. We will take reasonable steps to deal with any breach.
- CONSUMER RIGHTS AND ALTERNATIVE DISPUTE RESOLUTION
- 10.1 These Terms and Conditions shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
- 10.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint you may choose to make, you may want to consider an alternative dispute resolution provider. The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute Resolution service.
- ADVERTS AND AFFILIATE MARKETING
- 11.1 We are responsible for the placing of advertisements in our Services such as in our Website (to the extent we undertake this activity, and as may vary between our Services), but we do not control or review the specific content of those advertisements. We do, however, have control over the general types of advertisements that are placed at a high-level and take all reasonable efforts so that the Services do not contain any inappropriate advertisements.
- 11.2 Please report any advert that you find offensive or inappropriate to firstname.lastname@example.org.
- 11.3 If you click on any advertisement please be aware that you will be dealing with external companies responsible for that advert and you may be redirected to their services or website. IANG does not control the actions of these companies or the content of their websites or services.
- 11.4 IANG does sometimes feature some affiliate links; on click, our affiliates can identify that you clicked through from our site. As our publication is free-to-access, these affiliate links help partly contribute towards the running cost of producing content for the Service and help us to provide content on a free-to-access basis. Affiliate linking deals do not impact our general editorial impartiality. When a post or content contains some links which are for affiliated products/purposes, as the content is not wholly ‘directly connected’ to the supply of those affiliate products then this will be clearly labelled as ‘Brand Collaboration’. This labelling – Brand Collaboration – helps our readers to clearly and obviously distinguish and identify between content that is independently editorial and content that contains some affiliate links not wholly ‘directly connected’ to the supply of those affiliate products.
- INDEMNITY AND REMEDIES
- 12.1 You hereby indemnify (agree to compensate), and agree to defend and hold IANG and IANG’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all any liabilities, claims, costs and expenses (including without limitation legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with: (i) any claim, damage, loss or liability arising out of any breach by you of these Terms and Conditions or arising directly or indirectly from your use or misuse of the Service; and/or (ii) any claim, damage, loss or liability which is a result of a breach of third party rights by you (including without limitation intellectual property or privacy rights) regarding any content or materials you provided to us in accordance with Clause 3.1. You shall fully cooperate with IANG in the defence of any such claim and IANG reserves the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
- 12.2 You further agree that the subject matter of these Terms and Conditions is of a unique character with special value and that IANG would be irreparably damaged if the terms of these Terms and Conditions were not specifically enforced, and therefore you agree that IANG shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of these Terms and Conditions, in addition to such other remedies as IANG may otherwise have available to it under applicable laws.
- 12.3 IANG’s licensors shall be third-party beneficiaries under these Terms and Conditions and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
- COOLING-OFF RIGHT
Where you make a Service related payment through a digital store (e.g. you make a Support Contribution to us through Steady) and you require a refund, that third party may allow you to get a refund in some circumstances. You should contact the third party through which you made a purchase, where applicable, in the event that you desire a refund. If you make a digital content or services purchase from IANG directly online, your statutory rights may entitle you to cancel the purchase within 14 days and to receive a full refund (your “Cooling-Off Right“). However, where you agree that we may begin to supply you with the Service before the end of that period, then you will no longer be entitled to change your mind about the purchase and obtain a refund. If you have made a purchase from IANG, have not begun using the content or service and wish to exercise your Cooling-Off Right you can contact us by email or post using the following form:
|To: I Am New Generation Ltd
86-90 Paul Street, London, England, EC2A 4NE.
|I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID / ITEM], for [INSERT DESCRIPTION], ordered on [INSERT DATE].|
|From: [YOUR NAME]
[YOUR EMAIL / TELEPHONE (optional)]
14. DEVICE AND INTERNET REQUIREMENTS
You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to, as applicable, access and make use of the Service (including without limitation the Website).
15. DATA PROTECTION
16. CHANGES TO THESE TERMS AND CONDITIONS
We may update these Terms and Conditions from time to time for any reason by posting the updated version to our Website, but changes to these Terms and Conditions take effect only where they are permitted by law and made available to you for your agreement. Each occasion you access or utilise the Website or Service, the latest version of these Terms and Conditions shall at that point take effect to the extent permitted by law.
- 17.1 These Terms and Conditions constitute the entire agreement between IANG and you in respect of this subject matter.
- 17.2 Even if we delay in enforcing these Terms and Conditions and/or our rights, we can still enforce these Terms and Conditions and/or our rights later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking of any term of these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 17.3 We may transfer our rights and obligations under these Terms and Conditions to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens and we will ensure that your rights under these Terms and Conditions are unaffected. You may not transfer your rights or obligations under these Terms and Conditions unless we expressly agree to the transfer in writing.
- 17.4 Except where expressly stated to the contrary in these Terms and Conditions, these Terms and Conditions does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms and Conditions.
- 17.5 In the event that any provision of these Terms and Conditions (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties’ intentions and the remaining portions of these Terms and Conditions shall, in any event, remain in full force and effect.
- 17.6 These Terms and Conditions and any dispute or claim arising out of or in connection with them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in either the Scottish or the English courts.