Terms & Conditions
By visiting and participating in the JMM blog site you are agreeing to the Terms and Conditions. These are available here.
Citing the Blog
APA style guidelines recommend that blogs are referenced in the following way:
Author name (year, month, date of posting). Blog post title. [Web log post] (or [Web log comment]). Retrieved from webaddress.
e.g.
McEachern, M. (2015, November 20). Does being a good business matter to consumers? [Web log post]. Retrieved from https://www.jmmnews.com/does-being-a-good-business-matter-to-consumers/
Commenting (please also see sections 6, 7 and 8 of the Terms and Conditions)
Invitation to Comment
Comment Guidelines – We welcome comments. Comments are published on submission and may be subject to moderation.
Contribute To The Discussion – Blogs are inherently social in nature, which means you can interact not only with the blogger but with the other commenters as well. Please feel free to start a dialogue with someone in the comments (as long as it stays relevant) instead of just leaving a general comment about the blog.
We welcome debate and differing views. If you disagree with a blog or feel that it missed important points, please post a comment expressing your views and offer considered opinion on why you think the blogger is incorrect. If a debate develops through the comments, be ready to acknowledge your own mistakes or misunderstandings, and don’t alter previous posts without indicating that you have done so.
Please aim to add value. Provide worthwhile information and perspective, and provide links to external sources where appropriate. Please also be respectful of other users of the site.
Participation guidelines
Some simple do’s and don’ts
DO:
• Contribute to the discussion.
• Ask questions.
• Engage with other commenters.
• Express your own opinions.
• Stay on topic.
• Link to external sources where appropriate.
• Give credit to others where necessary.
• Be respectful of other users of the site.
DO NOT:
• Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.
• Post material that infringes on the rights of any third party, including trademark, copyright, intellectual property or privacy rights.
• Post personal information such as phone numbers, e-mail addresses or other contact details, which may relate to you or other persons.
• Impersonate or falsely claim to be or represent another person or organisation.
• Post unsolicited or unauthorised commercial endorsements or advertisements for any product, service or publication.
• Link to any other website or content if that content would breach our Terms and Conditions.
• Collect or store personal data of other users.
• Make repetitive postings or “spam”.
• Post anything on the website that you would not want to be in the public domain.
Moderation of Comments
The first time a user comments on the site, this will be moderated prior to publication. Thereafter, comments will be published upon submission. We invite users to notify us if they think any comment on this site does not meet our Terms of Service, and they can report this to the moderator by email to webadmin@westburn.co.uk Comments may be reviewed and edited before publication, and we reserve the right to decline to publish a comment, and to edit or delete any comment that has been published on our website. We shall have no obligation to provide to you a copy of any comment that you post to our website. We will not enter into discussions about why comments were deleted.
Our commenting system is provided by WordPress. You will be asked to provide your email address when commenting. Your IP address will also be recorded as part of our spam prevention policy. For the avoidance of doubt, your comments constitute “your content” for the purposes of Section 7 and Section 8 of our site Terms and Conditions. Please ensure that you read the full Terms and Conditions carefully.
Invitation to Blog
As well as content from the Editorial Office, the JMM Blog publishes posts by our Authors and Editors, including Guest Editors, about their content published in JMM. It may also publish commentaries or reviews of material published in the Journal. We invite interested Authors to submit Blogs on these topics to our Editorial Office for consideration. Blogs are editorially reviewed prior to acceptance for publication. For the avoidance of doubt, submitted Blog post(s) constitute “your content” for the purposes of Section 7 and Section 8 of our site Terms and Conditions. Please ensure that you read the full Terms and Conditions carefully.
Terms and Conditions
1. Introduction
1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Cookies & Privacy Policy.
2. Copyright notice
2.1 Copyright © 2015 Westburn Publishers Ltd.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.4 Posts on our website are licensed under a Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/legalcode), unless otherwise stated. Third party materials remain the copyright of the original rights holder. Unless expressly permitted by the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. RSS feed
4.1 You may access our RSS feed using an RSS reader or aggregator.
4.2 By accessing our RSS feed, you accept these terms and conditions.
4.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 4.3.
4.4 It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
4.5 We may revoke any licence set out in this Section 4 at any time, with or without notice or explanation.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Comments feature
6.1 Our commenting system is provided by WordPress. You will be asked to provide your email address when commenting. Your IP address will also be recorded as part of our spam prevention policy.
6.2 Comments may be reviewed and edited before publication, and we reserve the right to decline to publish a comment, and to edit or delete any comment that has been published on our website.
6.3 We shall have no obligation to provide to you a copy of any comment that you post to our website.
6.4 For the avoidance of doubt, your comments constitute “your content” for the purposes of Section 7 and Section 8.
7. Your content: licence
7.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
7.3 You grant to us the right to sub-license the rights licensed under Section 7.2.
7.4 By submitting to us your content, you grant to all other users of the Website a licence to use your content under a Creative Commons Attribution CC BY licence. “This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered.” http://creativecommons.org/licenses/by/4.0/ Third party materials remain the copyright of the original rights holder.
7.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8. Your content: rules
8.1 You warrant and represent that your content will comply with these terms and conditions. You further warrant that you have full power to enter into this agreement. If the contribution does not conform to the warranties set out in this Section (8), you will indemnify us against any claims, loss, injury, damage or costs (including legal costs) that arise as a result of your breach of warranty.
8.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
8.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
8.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
8.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
9. Report abuse
9.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
9.2 You can let us know by email.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Indemnity
12.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our website.
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Third party websites
14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
14.2 We have no control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Variation
15.1 We may revise these terms and conditions from time to time.
15.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
16. Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. Severability
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
19.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
20. Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
21. Our details
21.1 This website is owned and operated by Westburn Publishers Ltd.
21.2 We are registered in Scotland No. 78489 and our registered office and principal place of business is at 23 Millig Street, Helensburgh, Argyll, G84 9LD, UK.
21.3 You can contact us by writing to the business address given above, or by email to webadmin@westburn.co.uk.