Introduction
1. Thank you for visiting the Prospect site. These terms of use set out the legal basis on which you may access our site. These terms of use include contractual terms and notices. You should read these terms of use carefully as they bind you and they also limit our liabilities to you.
2. We are Prospect Publishing Limited (We/Our or “Prospect”), a limited company registered in England and Wales under company number 9850521, with a registered office at 2 Queen Anne’s Gate, London SW1H 9AA, United Kingdom. Our VAT number is 656 8716 89.
3. By “our site” we mean the prospectmagazine.co.uk website or any Prospect branded website that exists from time to time, as well as any Prospect microsites or subdomains. Our site also includes any of the Prospect apps available for use on a smart phone, tablet or similar device.
4. You are a user of our site under these terms of use whether you are accessing our site as (a) a guest user, (b) a registered user or (c) a subscriber user. Registered users and subscription users will be able to access more of our site than guest users. Your use of our site includes accessing, browsing, interacting with or registering to use our site.
5. You should read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
6. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you should not use our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
7. We may transfer our rights and obligations under these terms of use to another organisation and, if so, these terms of use will be updated accordingly.
8. We may revise these terms of use at any time by amending this page. You should thereby visit this page from time to time to take notice of any changes we made, as they are binding on you. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
9. These terms of use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy, which explains how and why we use your personal information.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- Our Subscription Terms
Accessing our site
10. You may access our home page free of charge, but to access certain further content on our site you may need to register or subscribe.
11. Your access to and use of our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
12. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
13. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
14. We will suspend your service if you upload content which Prospect regards at its absolute discretion as inappropriate.
Your account and login information
15. We have the right to disable any login information, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
16. If you know or suspect that anyone other than you knows your login information, you must promptly notify us at publishing@prospectmagazine.co.uk.
17. Information required as part of our security procedures is confidential and you must not disclose it to any third party.
18. Each subscriber to Prospect magazine is entitled to register one person to use the subscriber only content on the website, unless Prospect at its absolute discretion agrees otherwise. This person is an Individual Subscriber User. Use of the subscriber-only content is strictly for the personal use of each Individual User. Each Individual Subscriber User (i) may read the content on the screen, download, store or print single copies of the content for their own personal, private, non-commercial use only, and (ii) must not make available to or allow any other person to access the content for any purpose.
19. Individual Subscriber Users may use any one computer to access the subscriber-only content at any time, so long as that connection does not allow any other computer, networked or otherwise connected, to access subscriber-only content.
Uploading content to our site
20. Users can upload content to our site via a third-party provider. Users should refer to the terms and conditions of that third party provider.
21. When you upload or post content to our site either directly or via a third party, you also grant us a royalty free, worldwide, perpetual licence to use, copy, distribute, publish, republish, store, archive, syndicate, sub-license, transmit, adapt, edit, create derivative works from, perform, and to exercise publicity and copyright rights in relation to such material (including any ideas, concepts or formats) in any manner and in any format and/or media.
22. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy or any other legal right.
23. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
Linking to our site
24. You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw this linking permission without notice. You should remove any link to our site at our request.
25. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
26. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
27. If you wish to make any use of content on our site other than that set out above, please contact editorial@prospectmagazine.co.uk.
No text or data mining, or web scraping
28. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
29. Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
30. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
31. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
32. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Viruses
33. We do not guarantee that our site will be secure or free from bugs or viruses.
34. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
35. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via including without limitation a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would 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 co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Intellectual property rights
36. Our website and its contents are protected by copyright and other intellectual property rights around the world. All intellectual property rights in articles, reviews and essays originally published by Prospect Magazine (either in print or on our website and/or app) belong or have been licensed to Prospect Publishing Limited. You agree that we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.
37. Save for Permitted Use, you may not download, store, disseminate, republish, post, reproduce, translate or adapt such material in whole or in part in any form without our prior written permission. To obtain permission, please contact us at editorial@prospectmagazine.co.uk.
38. All intellectual property rights in images on our website are owned by us except where another copyright holder is specifically attributed or credited. Save for Permitted Use, you may not download, store, disseminate, republish, post, reproduce, translate or adapt our images in whole or in part in any form without our prior permission. To obtain permission, please contact us at editorial@prospectmagazine.co.uk.
39. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
40. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
41. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
42. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
43. You must have our express prior permission in writing to use our registered and unregistered trade marks other than in accordance with our Acceptable Use Policy. Our registered trade marks are Media Confidential (Category: 9, 38, 41, 42) and Prospect (Category: 9, 16) are UK registered trade marks of Prospect Publishing Ltd.
Disclaimers and Limitations of Liability
44. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
45. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site, including articles, essays, letters and reviews, or information from third parties, is accurate, complete or up-to-date.
46. Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Subscription Terms.
47. If you are a business user We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
48. If you are a consumer user please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
49. To the maximum amount permitted by law, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
50. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Applicable law
51. If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
52. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Contact us
53. To contact us, please email editorial@prospectmagazine.co.uk.
54. If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on editorial@prospect-magazine.co.uk.
