By accessing Mission Critical Power (“MCP”) on www.mcp.theenergyst.com (“the Site”) or by otherwise accessing any content found on this web site or by using any digital application edition of Mission Critical Power or other digital editions published by Energyst Media, you are entering into an agreement with Energyst Media Ltd and agree to the terms that follow. The Site is owned and operated by Energyst Media Ltd.
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The contents and design of the Site, and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents and design), is copyright of Energyst Media Ltd.
Use of Energyst Content
All MCP content is strictly for personal, non-commercial use only.
You may retrieve and display MCP Content from Site on a computer screen or mobile device, print individual pages on paper and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any of MCP Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from MCP:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of MCP Content; or
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Any use of MCP Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be emailed to firstname.lastname@example.org or sent to Energyst Media Ltd, PO Box 420, Reigate, RH2 2DU and may be subject to a fee.
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Certain areas or features of the Site may only be open to registered users. You are solely responsible for the confidentiality and use of and access to MCP Content and the Site using your user name and/or password. You agree to immediately notify MCP if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any MCP Content. You will provide The Energyst with accurate, complete registration information and inform MCP of any changes to such information. For the purpose of confirming your compliance with these Terms, The Energyst reserves the right to monitor and record activity on the Site, including access to MCP Content.
Each registration and subscription is for your own use only. You may not share your log in details or password with any other person. You may not share or transfer your subscription. The Energyst does not allow multiple users (networked or otherwise) to access the site and/or any Digital Edition through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this without further obligation to you.
You are responsible for all content you post.
The Site may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to The Energyst and interaction between users and MCP representatives (“Forums”). While MCP does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by MCP on a Forum. You may not:
- Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
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- Collect or store other users’ personal data; and/or
- Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless MCP from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this.
MCP has no control over individuals posting Messages on any Forum. MCP cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting MCP a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. MCP reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for MCP to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify MCP immediately using the contact us form or email email@example.com. Repeated misuse of the “Report Abuse” function will result in your access to the Forums being terminated.
Changes to the Site
MCP reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Energyst Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site.
Liability and Indemnity
All MCP Content and services are provided ‘as is’. You indemnify us.
Although we endeavour to ensure the high quality and accuracy of the Site, MCP makes no warranty, express or implied concerning MCP Content which are provided “as is”. MCP expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will MCP, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) the Sire. MCP does not guarantee the accuracy, content, or timeliness of the Site.
In no event will any liability of MCP or its affiliates, agents, suppliers and licensors to you (and/or any third party) hat may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site.
MCP will not be held responsible for circumstances beyond its control.
MCP, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of MCP Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms.
MCP may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or Energyst Content). Whenever the Terms are changed, MCP will notify you by e-mail or by publishing the revised terms on the website. If you use the Site after MCP has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the MCP Content may be subject to additional terms and conditions.
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Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. MCP is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site may also contain links to other web sites. MCP is not responsible for the availability of these websites or their content.
Assignment of Agreement.
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by MCP.
Term and Termination
Energyst Media Ltd may terminate or suspend your access to MCP Content at any time.
MCP may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to MCP under these Terms or by law.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) 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, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of MCP, Energyst Media Ltd shall also 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.