BESTFIT’s TERMS & CONDITIONS
Meanings and definitions used in these Terms:
Discussion Forum(s) means the chat areas, bulletin-boards or forum facilities provided on the Sites
Hearst Magazines means Hearst Magazines UK, the trading name of The National Magazine Company Limited (Registered in England number 112955) whose registered offices are at 72 Broadwick Street, London, W1F 9EP and any of its subsidiary or joint venture companies including but not limited to: Hearst-Rodale Limited, (Registered in England 00519122) and Handbag.com Ltd (Registered in England 03819979);
Site(s) means the website(s) owned and operated by Hearst Magazines; and
1. INTRODUCTION TO TERMS
1.1. This Site is owned and operated by Hearst Magazines
1.2. These Terms govern the use of the Site, including participation in the Discussion Forums.
1.3. The Sites are designed to provide a forum, enjoyable for all, for the exchange of opinions, comments and information and, therefore, Hearst Magazines requires its users to abide by these Terms. Your use of the Site will constitute your agreement to comply with these Terms.
1.4. If you do not agree with these Terms, you should not use the Sites.
1.5. Hearst Magazines may modify these Terms from time to time. Continued use of the Sites by you will constitute your acceptance of any changes or revisions to the Terms, so it is wise to check this page regularly.
1.6. We may terminate your access to the Sites, without notice, in addition to our other remedies if you fail to follow these Terms.
1.7. From time to time, our Sites may publish articles or features, which some site visitors may find offensive. Hearst Magazines does not intend to offend and suggests that Site visitors who find the tone or content of the Sites offensive, no longer visit the Sites. No responsibility is taken for any offense caused.
2. USE OF THE SITES BY YOU
2.1. Hearst Magazines or its licensors own all material on the Sites. You may retrieve and display content from this Sites on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Sites.
2.2. You acknowledge that all magazine brands are trade marks and that you may not use them without prior written permission from Hearst Magazines.
2.3. You may not authorise others to use the Sites, and you are responsible for all of your own use of the Sites. You agree not to use any obscene, indecent or offensive language, or to place on the Sites any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Sites any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Sites only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
2.4. You are responsible for all activities under your password or account, and you must keep your password confidential. You must immediately notify us of any unauthorised use of your password or account or any other breach of security. You must not disrupt the functioning of the Site, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the Site.
2.5. Other than connecting to Hearst Magazine’s servers by HTTP requests using a web browser, you may not attempt to gain access to Hearst Magazine’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Sites or otherwise.
2.6. You are responsible for ensuring that any material you provide to the Sites or post in a Discussion Forum, including but not limited to text, photographs and sound, does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party.
2.7. You agree not to disrupt, modify or interfere with the Sites or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Sites. You further agree not to alter or tamper with any information or materials on, or associated with, the Sites.
2.8. You acknowledge that Hearst Magazines has not reviewed and does not endorse the content of all sites linked to from the Sites and is not responsible for the content or actions of any other sites linked to from the Sites. Linking to any other service or site from this Site is at your sole risk.
3. AGE LIMIT
By using the Sites or posting content on any Discussion Forums you confirm that you are 18 years old or more or, if you are under 18 years old, that you have received your parent’s or guardian’s consent to enter into these Terms.
4. USE OF THE DISCUSSION FORUMS BY YOU
4.1. These Terms have been put in place to help ensure that the Discussion Forum is a welcoming and useful resource for all users. These Terms outline what is deemed unacceptable behaviour and it is important to read them carefully.
4.2. Users of the Discussion Forums warrant and undertake that they will not:
post libellous or defamatory comments;
post anything relating to any ongoing or pending trial;
post content which you have copied from someone else (i.e. you do not own the copyright);
post a personal insult about another user;
advertise or solicit;
impersonate another user; or
post material that is deliberately intended to upset other users.
4.3. We cannot and do not review every post before it appears on the Sites. Hearst Magazines operates a ‘notice and take-down’ policy which means if Hearst Magazines notices or is made aware of a post that contravenes these Terms, Hearst Magazines reserves the right to amend or remove the post.
4.4. Hearst Magazines encourages you to contact us if you feel a post violates these Terms. Please use the report function on the Site to let us know.
4.5. You are responsible for the content of your posts and Hearst Magazines does not accept any liability for the content or accuracy of your messages.
4.6. Users of the Site may submit material for publication in the Discussion Forums. Hearst Magazines accepts no liability in respect of any material submitted by users and published by Hearst Magazines and Hearst Magazines is not responsible for its content or accuracy.
4.7. If you want to submit material to the Discussion Forums you may do so on these Terms.
4.8. You warrant that the material you submit is not obscene, offensive, harassing, defamatory or otherwise illegal.
4.9. You acknowledge that any breach of these warranties may cause Hearst Magazines damage or loss and agree to indemnify and hold harmless Hearst Magazines in full and permanently against any third party liabilities, claims, costs, loss or damage incurred by Hearst Magazines as a result of publishing any material you submit to us, including consequential loss.
4.10. Should Hearst Magazines become aware of any activity that would be contrary to the Terms or determine in their sole discretion to be unacceptable, then Hearst Magazines reserves the right to take action including temporary or permanent removal of content, filtering of internet transmissions and/or to exclude the user with immediate effect and, where necessary, to forward any incriminating material in its possession to the UK police or other relevant authorities.
4.11. You accept that Hearst Magazines may keep a record of your IP and/or host address for reference purposes only (in order to keep a track on the amount of visitors per day). In the event of any breach of these Terms, Hearst Magazines may view and add your IP and/or host address to an ‘excluded database’ to prevent you gaining further access to the Sites. These addresses are not distributed or given out to any third party services.
5. USE OF MATERIAL POSTED BY YOU
Postings to the Discussion Forums are not private. You grant Hearst Magazines a perpetual royalty free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any information or material you supply or communicate to the Sites via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses to any third party. Hearst Magazines will not return it if submitted, and accepts no liability whatsoever for safe custody thereof.
6. COPYRIGHT AND COPYRIGHT COMPLAINTS
6.1. All copyright, trademarks, design rights and all other intellectual property rights (registered or unregistered) where relevant in and on the Site and all content located on the Site shall at all times remain vested in Hearst Magazines.
6.2. Hearst Magazines grants you a limited, non-exclusive, revocable, non-transferable licence to use the Site content solely for personal use relating to your use of the Site. Except as expressly set out herein, neither you nor anyone acting on your behalf acquires any intellectual property rights relating to any Site content. Any rights not expressly granted within these Terms are reserved.
6.3. By sharing any contribution(s) with us (including but not limited to data, text, photo, message, posting, image, logo, attachment, hyperlink and all other content (collectively “Contribution(s)”) to the Site, you agree and grant Hearst Magazines and its sub-licensees, free of charge permission, to use the Contribution(s) at Hearst Magazines sole discretion (including modifying and adapting it for operational and editorial reasons) in connection with the operation of the Site and our business. The licence extends to copying, distributing, broadcasting or otherwise transmitting, adapting or editing the Contribution(s).
6.4. You agree and confirm that any Contribution(s) you provide or upload is original to you and does not infringe UK laws, copyright or other rights of any other person, or that you have the consents necessary to provide the Contribution(s) to Hearst Magazines.
6.5. You acknowledge that Hearst Magazines does not endorse the accuracy, integrity, copyright, compliance, legality, quality or decency of any Contribution(s). Users may respond to or comment upon Contribution(s), such comments do not necessarily represent the views or opinions of Hearst Magazines.
6.6. Hearst Magazines respects the intellectual property of others, and we ask our users to do the same. Hearst Magazines may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of Hearst Magazines and of others.
6.7. If you believe that your work has been copied and is accessible on any Hearst Magazines Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact Hearst Magazines immediately using the report function on the Site.
7. TRADE MARKS
All magazine trade marks are trademarks of Hearst Magazines or its sister companies and may be registered in certain jurisdictions. All other trademarks used on these Sites are the property of their respective owners.
8. COMPETITIONS AND PRIZES
These Terms apply to all prize promotions including free draws, prize competitions and instant win offers.
8.1. From time to time Hearst Magazines will run competitions, free prize draws and promotions (“Competition(s)”) on this website. Competitions may be subject to additional terms that will be made available at the time.
8.2. No purchase is necessary to enter the Competition unless otherwise stated on the promotional activity with a specific Competition.
8.4. It is assumed that by entering Competitions which, if won, could result in time off work, your employer has agreed to allow you time off. When dates are specified they cannot be altered and by entering date-related Competitions Hearst Magazines or the third party are not liable in any way to any winner who cannot attend.
8.5. Competitions are not open to any employees of Hearst Magazines, the promoter or their immediate families, a Competition promoter’s advertising agency and sales promotion consultancy, or anyone else connected with the creation and administration of the Competition.
8.6. Entries in the incorrect format will not be considered.
8.7. Once entered, entries cannot be returned / withdrawn.
8.8. Unless otherwise stated only one Competition entry, fulfilling the eligibility requirements above, will be accepted per person. Spammers will be disqualified.
8.9. Entrants will be deemed to have accepted these Terms and to have agreed to be bound by them.
8.10. Once selected, only the winner(s) will be contacted personally by email using the contact details provided upon entry.
8.11. Winners will be notified on the day that the winner is selected. Winners will have 5 (five) working days to respond in full or another winner will be selected.
8.12. Hearst Magazines’ decision is final in every situation, including any not covered above and no correspondence will be entered into in respect of the validity of any such decision.
8.13. Hearst Magazines shall be permitted to exclude or disqualify any entrant at any time at its sole discretion.
8.14. Hearst Magazines reserves the right to exclude late, incomplete or multiple registrations, or registrations made by third parties or agents.
8.15. Hearst Magazines does not accept any responsibility for late or lost entries. Proof of sending is not proof of receipt.
8.16. The name of the winner(s) will be available by sending a stamped addressed envelope to Hearst Magazines UK, 72 Broadwick Street, London W1F 9EP, indicating the name of the Competition.
8.17. Entry to the Competition and acceptance of the prize constitutes permission to use any entrant’s name, image and any competition entry photograph, for promotional and/or editorial purposes in any format in print and non-print media without additional consultation.
8.18 Prizes must be taken as stated and cannot be deferred although Hearst Magazines reserve the right to change the prize in the event of unforeseen circumstances. There will be no cash alternative.
8.19 Hearst Magazines reserves the right to (i) cancel and/or withdraw this Competition and/or (ii) amend these Terms, at any time without notice.
8.20 To the fullest extent permitted by applicable law, in no event will Hearst Magazines be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, damage or injury arising under or in connection with this Competition.
8.21 Where Hearst Magazines runs a competition with a promoter such that the promoter is responsible for the selection and/or the provision of prizes then Hearst Magazines shall not be responsible for or have any liability for the provision of such prizes.
8.22 These Terms are governed by English law, and entrants agree to submit to the exclusive jurisdiction of the English Courts in relation to all matters arising under or in connection with these Terms.
9. COMMENTS BY USERS ARE NOT ENDORSED BY HEARST MAGAZINES
Hearst Magazines does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Discussion Forums or elsewhere on the Sites. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Hearst Magazines.
Hearst Magazines has joined up with selected third party partners to enable you to purchase relevant products and services. Transactions carried out with specified third party partners (and not with Hearst Magazines) will be governed by the third party’s standard terms and conditions which may be found on their sites before you transact. From time to time Hearst Magazines may team up with other selected third parties to offer you the opportunity to purchase goods from the site. Such purchases will be with the named third party (and not with Hearst Magazines) and will be governed by the terms and conditions notified to you at the time of purchase. Hearst Magazines cannot and do not accept any responsibility or liability for any losses you may suffer as a result of entering into any transaction with any third party.
11. OTHER PROMOTIONS
From time to time, Hearst Magazines (or selected third parties) may include competitions, promotions or other offers on these Sites. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
12. MATERIALS PROVIDED BY OTHERS
You agree that Hearst Magazines is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
You agree to indemnify Hearst Magazines and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and to hold them harmless from any and all claims, demands, liabilities, damages, costs and expenses (including legal fees) that may arise from: (i) your submissions, Contribution(s) or provision of content; (ii) your use or misuse of the Site; (iii) your unauthorised use of material obtained through the Sites; (iv) your breach of these Terms; (v) any such acts arising through your use of the Sites; or (vi) any other violation of the rights of another person or party.
14. EDITING AND DELETIONS
Hearst Magazines reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users in the Discussion Forums or elsewhere on the Site, in its sole discretion and without notice.
15. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
15.1. YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE SITES AT YOUR OWN RISK. THE SITES ARE PROVIDED “AS IS,” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEARST MAGAZINES AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITES.
15.2. HEARST MAGAZINES AND ITS AFFILIATES MAKE NO WARRANTY, IMPLIED OR EXPLICIT, THAT ANY PART OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY, NOR THAT THE CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER HEARST MAGAZINES NOR ITS AFFILIATES NOR ANY PARTICIPANT IN THE SITES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
15.3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE HEARST MAGAZINES AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SITES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITES, YOUR USE OF OR RELIANCE ON THE SITES OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SITES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.4. HEARST MAGAZINES’S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY HEARST MAGAZINES’S NEGLIGENCE.
HEARST MAGAZINES HAS THE RIGHT TO TERMINATE YOUR ABILITY TO ACCESS THE SITES, FOR ANY REASON, WITHOUT NOTICE.
17.3. Data Protection: Hearst Magazines and our sponsors and promoters may use your details to let you know about other products and services which we think would be of interest to you. Occasionally, we may also pass your details to selected companies. This will only be done with your permission so we advise you to check the tick boxes on the relevant form carefully. Hearst Magazines is registered as a data controller under the Data Protection Act 1998.
Please remember that posting your name, contact information or any other personal information on the Site places such information in the public domain. Always use caution when giving out information. We advise that you do not reveal any information about yourself or anyone else (for example: full name, telephone number, postal address, email address, home address or any other details that allow you to be personally identified) on the Site.
19. INFORMATION AND AVAILABILITY
While Hearst Magazines takes every care to ensure that the information on these Sites is accurate and complete, some of it is supplied to Hearst Magazines by third parties and Hearst Magazines is unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors interruptions and delays may occur in the service at any time. Accordingly, Hearst Magazines’ Sites are provided “as is” without any warranties of any kind and Hearst Magazines does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
20.1. Any third party web site that links to this Site must not:
(i) create a frame or any other browser or border environment around the content of this Site; (ii) imply that Hearst Magazines is endorsing it or its products or services;
(iii) use any Hearst Magazines trade mark displayed on any Hearst Magazines Site without permission from Hearst Magazines;
(iv) infringe any intellectual property or other right of any person;
(v) be a website that contains content that could be construed as distasteful, offensive or controversial.
20.2. Hearst Magazines expressly reserves the right to request that any link in breach of these Terms be removed and to take whatever other action it deems appropriate.
20.3. On these Sites you may be offered automatic links to other sites. Whilst Hearst Magazines hopes you will be interested in those other sites, you acknowledge that their owners may be independent from Hearst Magazines and Hearst Magazines does not endorse or accept any responsibility for their content.
20.4. Pages of the Site may contain some contextual affiliate marketing links created by third parties. Purchases made on these third party sites are the sole responsibility of that site. Purchases made through these links may result in a commission being earned by Hearst Magazines.
21.1. These Terms together with any additional terms which are drawn to your attention constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.
21.2. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
21.3. These Terms are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
21.4. Failure of either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
21.5. Unless otherwise specified on the Sites, the content of the Sites is directed solely at those who access the Sites from the United Kingdom. Hearst Magazines makes no representation that any of the content of the Sites is appropriate for use elsewhere, or available in any other locations. Those who choose to access the Sites from any other location are solely responsible for compliance with local laws and regulations if and to the extent that they are applicable.
21.6. You agree that these Terms, for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under these Terms.
21.7. For the exclusive benefit of Hearst Magazines, Hearst Magazines shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
Please leave the Sites now if you do not agree to these Terms