SUGARSCAPE TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF WEBSITE USE AND OUR PRIVACY POLICY CAREFULLY BEFORE REGISTERING AS A USER AND BEFORE USING THIS SUGARSCAPE WEBSITE. IF YOU DO NOT AGREE TO THE HACHETTE FILIPACCHI (UK) TERMS AND CONDITIONS OF WEBSITE USE AND/OR THE PRIVACY POLICY, PLEASE DISCONTINUE YOUR USE OF THIS SERVICE WITH IMMEDIATE EFFECT.  

IF YOU ARE UNDER THE AGE OF 12, YOU PROMISE THAT YOUR MOTHER, FATHER OR GUARDIAN HAS ALLOWED YOU TO USE THIS WEBSITE, AND YOU PROMISE THAT THEY WILL READ THESE WEBSITE TERMS AND CONDITIONS AND THE PRIVACY POLICY AND THAT THEY AGREE TO WHAT IS SAID.

YOU ALSO AGREE TO USE THE SUGARSCAPE GUIDELINES.  IF YOU ARE UNDER THE AGE OF 16, YOU AGREE THAT YOUR MOTHER, FATHER OR GUARDIAN HAS READ THESE.  

1. Copyright and other rights

1.1 With the exception of any material posted by users of the site (such material being “User Generated Content” or “UGC”), the copyright and other rights in the material on this website (“Sugarscape”) or any Hachette Filipacchi (UK) Limited ("Hachette") website  is either owned by Hachette or is included with the permission of the owner of these rights.

1.2 Prior to any contribution to Sugarscape, of any nature, on any discussion board or forum, and you must have registered as a user of Sugarscape (a "User"), as described further under clause 3 below. As a User of this website Hachette hereby grants you the right to make one copy of the material on this website onto a single computer for the benefit of your private use only. Any copying or distribution of any of the Hachette website material for commercial or business purposes without the prior written consent of Hachette is strictly prohibited. Furthermore, no photography, filming, broadcasting or reproduction in any other format of the whole or any part of the pages of this website shall be allowed without the prior written consent of Hachette. Subject to this paragraph, Hachette reserves all rights in the material on this website.

2. Hachette's responsibilities

2.1 Hachette has a responsibility, so far as is reasonable:

(i) to monitor the content and User contributions on its website and related forums, including the UGC, and to ensure that it is compliant with the terms and conditions as set out herein;

(ii) to make every effort to ensure that all information on the Hachette websites is accurate and complete, and all material and content is not in breach of clause 3.3 below;

(iii) to remove or edit any information, content or material which is found to be so in breach.

2.2 Hachette makes no representation or warranty that the Hachette websites or any services offered via website will be accessible, or useable by you or error free. Hachette will not be liable for any failure or interruption of any of the Hachette websites.

2.3 Notwithstanding Hachette's obligations to do all that is reasonable to prevent the appearance of anything on Sugarscape which might be in breach of clauses 3.3 a) - g) below, Hachette is in no way responsible or liable in any way whatsoever for any such material or content which you or any other User may post on Sugarscape, and shall not be liable to you nor to any third party for any claim, loss, liability, damage, expenses etc. of any nature whatsoever so arising.

2.4 Hachette shall ensure that contributions can be made to its websites only by registered Users with their specific password, in accordance with clause 3 below.
2.5 In view of its responsibilities under clause 2.1 above, Hachette reserves the absolute right to edit, delete or suspend any material available on the site posted by you or any third party, including any UGC or Sugar It links, at its sole discretion.  

3. Your use of Sugarscape

3.1 You agree that before any active use of Sugarscape, including but not limited to any posting of messages or content upon Sugarscape in any discussion or message forum, you shall have first registered as a User with your own personal password. In order to register as a User you shall have selected a User ID which shall be different and entirely unrecognisable from your own name, and which cannot be traced to your real name by any type of search or otherwise. For the avoidance of doubt, any User ID cannot include either the first or the surname of the User.
3.2 You agree that you shall only ever use your own personal User ID and will not under any circumstances log in under someone else's User ID in order to post messages or place information and/or material on Sugarscape. You also warrant and represent that all information which you are required to give upon the filing of your own registration shall be true and accurate in all respects.  You agree that you shall only have one active membership to the Sugarscape site at any one time and you shall not set up or operate a fake profile.  

3.3 You hereby agree, warrant and represent that you will not, when using the Sugarscape site and service:

a. use obscene or offensive language;

b. place material on Sugarscape (including UGC or Sugar It links) which is or may be defamatory, in breach of copyright or confidence, abusive, discriminatory, inflammatory, or hateful;

c. place material on Sugarscape (including UGC or Sugar It links) which may encourage criminal conduct or which may give rise to civil liability, or which otherwise is unlawful;

d. place material on Sugarscape (including UGC or Sugar It links) that does not belong to you without the prior written consent of the owner.  You understand and accept that you shall not infringe the copyright of third parties, and any repeated infringement shall result in your expulsion from the Sugarscape site;

e. place any advertisement or make any other commercial solicitations or collect email addresses or contact details of other users for the purpose of sending spam emails, junk mail, any type of chain letter or other unsolicited messages;
f.  make available to, either directly or indirectly, publicly or privately, or request from, other users fo Sugarscape any private and personal information such as, but not limited to, email addresses, addresses, phone numbers, addresses, instant messenger log ins, credit card details etc.  

g. name third parties by name in any postings which deal with potentially sensitive topics, or mention any specific dates and times. Such postings should be general rather than specific.

3.4 You also hereby agree that by using the Sugarscape site and service you warrant and represent that all details submitted by you are accurate and not misleading, and that will not use the Sugarscape site and service in any way that would be contrary to UK law nor the law of the User's residence nor the law of any country where Sugarscape is accessed. Should Hachette become aware of any activity that would be contrary to this clause or clauses 3.2 and 3.3 above, or any other clause of this Agreement, then Hachette reserves the right 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. You also accept that Hachette 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).
3.5 You agree to act always in accordance with the Sugarscape Guide (the “Guide”).  In the event of any breach of these Terms and Conditions, the Guide or the Privacy Policy, Hachette may view and add your IP and/or host address to an 'excluded database' to prevent you gaining further access to Sugarscape. These addresses are not distributed or given out to any third party services.

3.6 Hachette may facilitate chat rooms or other 'public spaces' on its sites from time to time. Please be aware that these are open to all age groups. You should therefore remember to exercise extreme caution when choosing to disclose private/personal information.

3.7 You hereby grant to Hachette the unrestricted right to use, reproduce, copy, translate, distribute any material you place on Sugarscape. Furthermore Hachette reserves the right to remove, edit or delete any material or links posted to Sugarscape, at its sole discretion.
3.8  In particular you agree that you are entirely responsible for any UGC which you shall post onto Sugarscape, and for any material which you shall link to via the “Sugar It” function.

3.9 You hereby agree to indemnify Hachette, its employees, representatives, from any and all claims and liabilities (including legal fees) which arise from:

a. your statements, material or any other submissions to the website, including the UGC and the use of the “Sugar It” function;

b. your unauthorized use of material obtained via the website; or

c. any breach of these terms (including clause 3.3 above) or the Sugarscape Guide.
3.10 Further to clause 3.4, for the avoidance of doubt Hachette reserves the absolute right to terminate your User account at any time for any reason, at its sole discretion.  
3.11  Hachette has the right, but not the obligation, to monitor any disputes between Sugarscape users, it being understood that primarily this is your responsibility.

4.  Disclaimers and indemnity

THE SITE AND THE SERVICE AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND HACHETTE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  HACHETTE DOES NOT WARRANT OR REPRESENT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU SHOULD USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND DISINFECT VIRUSES.  YOU UNDERSTAND AND AGREE THAT YOU ACCESS THE SITE, THE SERVICES, CONTENT, MATERIAL, DATE OR SOFTWARE AT YOUR OWN DISCRETION AND RISK.  
HACHETTE MAKES NO REPRESENTATION AS TO AVAILABILITY OF THE SUGARSCAPE SITE AND SERVICE, DUE TO MAINTENANCE OR OTHERWISE.  UNDER NO CIRCUMSTANCES CAN HACHETTE BE HELD LIABLE FOR ANY PERSONAL INJURY, DEATH, OR DISTRESS ARISING FROM ANY USER’S USE OF THE SUGARSCAPE SITE AND SERVICE OR ARISING FROM ANY USER’S INTERACTION WITH ANY OTHER USER OF THE SITE, WHETHER ONLINE OR OFFLINE.  HACHETTE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT OR MATERIAL POSTED BY USERS.  WHILST HACHETTE WILL RESPOND TO THIRD PARTY REQUESTS FOR REMOVAL OF ANY CONTENT, LINKS OR USERS, AND WHILST HACHETTE DOES CARRY OUT RANDOM MODERATION CHECKS, HACHETTE DOES NOT PROVIDE A FULLY MODERATED SERVICE AND CANNOT BE LIABLE FOR ANYTHING INAPPROPRIATE, DEFAMATORY, OBSCENE, UNLAWFUL, OR UNACCEPTABLE POSTED TO THE SITE, OR ELSEWHERE ON THE WEB AND AVAILABLE VIA LINKS ON SUGARSCAPE.  
HACHETTE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR CLAIM OF ANY NATURE WHATSOEVER FACED BY YOU, HOWSOEVER ARISING, AS A CONSEQUENCE OF YOUR USE OF THIS SITE.

5.  Our promotions & competitions

From time to time, Hachette may include competitions, promotions or other offers on this website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

6. Access to your data

You have a right to ask for a copy of your information (for which Hachette may charge an administration fee of £10 as a contribution towards costs) and to request Hachette correct any inaccuracies in your personal information (which is free). Hachette reserves the right to monitor or record telephone calls, to make sure instructions are correctly followed the service thereby improved.

7. Links/Banner Advertisements

Please note that clicking on to links (including Sugar It links) and banner advertisements may result in your transferral to another website, where data privacy practices may be different to those of Hachette. Visitors should consult the other website's privacy policies as Hachette is not responsible for, shall have no liability in respect of, and has no control over, information that is displayed on such websites or, submitted to or collected by these third parties.  Furthermore it is expressly acknowledged that Hachette has no control over, nor shall have any liability whatsoever in respect of (whether for claims regarding copyright infringement, defamation or otherwise), any content stored on such third party websites which are linked to from the Sugarscape site.  

8. General

8.1 In the event that any term of these Terms & Conditions of Website Use or the Privacy Policy is held to be invalid or unenforceable, the remainder thereof shall remain intact.

8.2 These Terms and Conditions of Website Use together with the Privacy Policy form the entire agreement between you and Hachette and supersede any other oral or written communications, agreements or representations regarding your use of this website.

8.3 Hachette reserves the right to vary these Terms and Conditions of Website Use and/or the Privacy Policy from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions of Website Use and/or Privacy Policy on the website. By continuing to use Sugarscape you will be deemed to accept such variations.

8.4 Nothing in these Sugarscape Terms and Conditions and the Privacy Policy shall restrict or exclude any liability that Hachette has to any party which cannot be excluded by law.

8.5 These Terms and Conditions of Website Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.