Make That beta terms and conditions
Thank you for participating in the Make That Beta Project (“Beta Project”), which is being run by DC Thomson & Company Limited (“DC Thomson”, hereafter referred to as “we” or “us”). These Terms and Conditions apply to and govern your participation in the Beta Project and your use of the Make That Beta Service (the “Beta Service”). In order to participate in the Beta Project, you must agree to these Terms and Conditions. If you do not agree to them, you must not proceed with your participation in the Beta Project.
1. Eligibility and Participation
You may participate in the Beta Project by signing up on our website. To be eligible to participate, you must be aged 18 or over. You must also use a browser that is capable of accepting cookies to be eligible to participate. Participants must not share their login details with any other person and a breach of this condition will result in termination of your account. In return for you agreeing to and complying with these Terms and Conditions we grant you a personal, non-exclusive, revocable, non-transferable, limited license to use the Beta Service in accordance with these Terms and Conditions.
2. Feedback
The Beta Service is made available to you free of charge for the purposes of evaluation and feedback in order for us to develop and improve the Beta Service. You acknowledge the importance of your feedback and communication with us during the Beta Project and you agree to provide us with such feedback and information regarding your use of the Beta Service as we may reasonably request. You agree to receive related correspondence and updates from us during the Beta Project. In the event you request to opt out from such correspondence, your participation in the Beta Project will terminate automatically and your access to the Beta Service will be discontinued.
You acknowledge and agree that we own the feedback provided by you and you hereby assign to us all right, title, and interest in, and that we are free to use without any attribution or compensation to you, any feedback relating to the Beta Service. If we choose to publish your feedback, we will either do so in a way that does not identify you or we will seek your consent in the event we do wish to identify you.
In order to evaluate your use of the Beta Service and to make improvements we need to drop cookies which track your use of the Beta Service. By participating in the Beta Project, you acknowledge that the use of cookies is an integral part of the Beta Project and you agree to accept cookies for the duration of your participation in the Beta Project.
3. Intellectual Property
You acknowledge and agree that we own all legal right, title and interest in and to the Beta Project and the Beta Service, and any intellectual property rights. Except for the license provided in section 1, no other rights or permissions to any of the Beta Service, or any other DC Thomson service, is granted.
Nothing in this agreement gives you a right to use any of our trade names, trade marks, logos, domain names or other intellectual property rights. You may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Service.
4. Content
As part of your use of the Beta Service, you may upload files to the Beta website for the purpose of creating interactive guided instructional knitting patterns, known as Smart Patterns. You acknowledge and agree that the Smart Patterns are owned by us and are provided to you on a limited basis for use only while using the Beta Service, and you must not copy or reproduce the Smart Patterns from the Beta website, whether by screenshot, screen scrape, photographing or by other means. Copying or reproduction of a Smart Pattern from the Beta website will result in immediate revocation of your access to the Beta Service, and we reserve the right to enforce our rights in the Smart Patterns.
We reserve the right to remove content which we consider to be offensive, obscene, illegal or which infringes the copyright of a third party. Removal of content is solely at our discretion and our decision is final.
We do not retain copies of the files that you upload to the Beta website for the purpose of creating your Smart Pattern and are unable to return any documentation uploaded by you on termination of the licence in section 1. You should retain backups of any documents that upload to the Beta website.
You represent and warrant that you have all necessary rights in the files that you upload to the Beta Service to use them in this way, and you agree to meet all costs incurred by us as a result of any third party claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Beta Service or your participation in the Beta Project.
5. Disclaimer of Warranties
By accepting these Terms and Conditions or using the Beta Service, you acknowledge that the Beta Service (a) is not complete in development and has not been commercially released for use by the general public; (b) may contain bugs or errors and may not be fully functional; (c) may not be reliable; and (d) may result in unexpected results, loss of content, or other unpredictable damage or loss to you. You assume all risks and costs associated with your use of the Beta Service, including, without limitation, any damage to any equipment, software, information, content or data. We are not obligated to provide any maintenance, technical or other support for the Beta Service.
You hereby acknowledge and agree that the Beta Service is provided by us on an “as is” and “as available” basis, and your access to, participation and/or use of the Beta Project or Beta Service, is at your sole risk. To the extent permitted by applicable law, we expressly disclaim all and you receive no warranties and conditions of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement. We make no warranty that any of the services will meet your requirements and/or that the services will be uninterrupted, timely or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Beta Service or the accuracy of any other information obtained through the Beta Service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of any of the Beta Service is done at your sole risk and that you will be solely responsible for any damage to your computer system and/or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by you from us or through the Beta Service shall create any warranty not expressly made herein.
6. Limitation of Liability
In no event shall we be liable for any indirect or consequential loss or other damages related to these Terms and Conditions, and/or, whether direct or indirect, and (i) loss of data; (ii) loss of income; (iii) loss or opportunity; (iv) lost profits; and (v) costs of recovery or other damages, howsoever arising, and whether or not for breach of contract, tort (including negligence), violation of stature, or otherwise, and whether or not we have been advised of the possibility of such damages.
Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including (but not limited to) liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply or Goods and Services Act 1982.
7. Term and Termination
These Terms and Conditions will remain in effect for as long as you continue to take part in the Beta Project. Either party may terminate these Terms and Conditions before the end of your participation in the Beta Project for any reason upon written notice to the other party. You may end your participation in the Beta Project by emailing us at hellobeta@makethat.com.
These Terms and Conditions will automatically terminate upon any breach by you of any of your obligations under these Terms and Conditions, including breach of confidentiality obligations. Your breach of any of your obligations under these Terms and Conditions may make you ineligible to participate in future Beta programs run by us.
Upon termination of the Terms and Conditions for any reason, you must immediately cease use of the Beta Service and all rights to use the Beta Service granted to you in section 1 will immediately terminate. The rights and obligations under the following sections shall continue to apply post-termination: section 4 (Intellectual Property), section 6 (Disclaimer of Warranties), section 7 (Limitation of Liability), section 8 (Term and Termination), section 10 (Confidential Information), section 11 (Data Protection) and section 12 (General).
8. Modification and Termination
We reserve the right to modify or terminate the Beta Project or Beta Service, or your use of the Beta Service, to limit or deny access to the Beta Service and/or participation in the Beta Project, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Service and/or your participation in the Beta Project at any time. We may modify or remove functionality within the Beta Service at any time and at our discretion without notice to you.
9. Confidential Information
You acknowledge that the Beta Project and the Beta Service, and all information provided to you during the course of your participation in the Beta Project, are confidential information. You also acknowledge that the successful market launch of commercial versions of the Beta Service requires you to keep all DC Thomson data and information discussed and/or made available through or contained in the Beta Project, including without limitation, the Beta Service, confidential. You agree to keep strictly confidential all information and data we provide to you during the course of the Beta Project and agree that you will not share any information or data about the Beta Project or the Beta Service with anyone that we have not authorised to use the Beta Service.
10. Data Protection
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in dcthomson.co.uk/privacy-policies/ and it is important that you read that information.
11. General
Changes to the Terms and Conditions: We reserve the right to make changes to these Terms and Conditions from time to time and may or may not notify you in such an event. You understand and agree that if you use the Beta Service after the date on which the Terms and Conditions have changed, we will treat your use as acceptance of the changes.
Compliance with Laws: Both parties agree to comply with all applicable local, state, national and international laws, rules, and regulations in connection with their performance, participation, access and/or use of the Beta Service or Beta Project.
Governing Law & Jurisdiction: These Terms and Conditions are subject to the laws of England & Wales and the courts of England & Wales shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms and Conditions.