Terms and Conditions

(1) Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

(2) Licence to use website

Unless otherwise stated, we or our contributors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or any of their content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• (a) republish material from this website (including republication on another website);
• (b) sell, rent or sub-license material from the website;
• (c) show any material from the website in public;
• (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
• (e) edit or otherwise modify any material on the website; or
• (f) redistribute material from this website except for content specifically and expressly made available by us for redistribution (such as a SomethingDark newsletter).

(3) Disclaimer

The beliefs, perspectives and opinions expressed in any SomethingDark publication (including but not limited to SomethingDark webMagazine, SomethingDark Latest News, SomethingDark e-books and other digitised SDk material, and print-published SomethingDark material) are those of the individual contributors and do not necessarily represent the beliefs, perspectives or opinions of SomethingDark, its staff, or of the directors of Something Something Ltd.

SomethingDark webMagazine publishes a range of content including photography, artwork, writing or other forms of content, some of which may be of an adult nature and that some viewers may find offensive. If you find adult content offensive, or you are below the legal age to view such content in the jurisdiction where you live, then you should not access SomethingDark webMagazine.

To ensure that only consenting adults access SomethingDark webMagazine, we have implemented an on-screen warning and disclaimer that prevents access to the entire SomethingDark website unless the viewer explicitly and actively agrees to the warning–disclaimer and to the SomethingDark terms and conditions.. The wording of this on-screen warning and disclaimer is as follows:

WARNING
By accessing this website you confirm that you are of legal age and are not offended by the material it contains.
Continuing further means you accept this disclaimer and the SomethingDark terms and conditions.

The viewer must select "I AGREE” to gain access to the SomethingDark website and SomethingDark webMagazine.

We have placed a further disclaimer inside SomethingDark webMagazine, opposite the title page.

Additionally, although SomethingDark webMagazine is a cultural magazine with an emphasis on creativity, and particularly on artistic and intellectual content, from time to time we may publish material that some visitors to the site may find particularly challenging. Where we assess specific creative content to be particularly challenging, we have implemented a further level of warning and disclaimer; in these instances, a visitor is prevented from viewing specific pages of SomethingDark webMagazine unless they explicitly and actively agree to another on-screen warning and disclaimer similar to the one that prevents access to the website. This additional level of warning–disclaimer alerts the visitor that they will be prevented from viewing creative material we assess to be particularly challenging unless they also explicitly and actively agree to take responsibility for their decision to proceed and view the relevant pages.

(4) Trademarks

SomethingDark.eu, SomethingDark.co.uk and all Something Something Ltd graphics, marks, logos, page headers, button icons, scripts, reports and service names are trademarks or trade dress of SomethingDark (collectively the "SomethingDark dress"). The SomethingDark dress may not be used in connection with any product or service that is not SomethingDark's, in any manner. You must obtain the prior permission of Something Something Ltd in order to display or use in any manner, SomethingDark dress. All other trademarks not owned by Something Something Ltd that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to SomethingDark.

(5) Terms of contributing to SomethingDark

• (a) Contributors submit material to SomethingDark on the understanding that their material will be published in SomethingDark webMagazine and that the same material may be published in later e-book or print versions of the webmagazine.
• (b) Contributors retain copyright to all of their own material provided for publication in SomethingDark. A copyright notice is published on page 2 of every issue of SomethingDark webMagazine.
• (c) Photographers, artists and other creators of visual material must ensure that all models, actors and other persons who appear in any visual depiction of actual or simulated sexually explicit conduct or who are otherwise depicted posing or acting in erotic scenarios were at least eighteen years of age at the time the visual depiction was created and that they are in compliance with 18 U.S.C. 2257 record keeping requirements before contributing such visual material to SomethingDark. Compliance with 18 U.S.C. 2257 is the responsibility of contributors and contributing such material to SomethingDark implies 18 U.S.C. 2257 compliance; SomethingDark accepts no responsibility on behalf of its contributors for compliance with 18 U.S.C. 2257.
• (d) Contributors submit material to SomethingDark on the understanding that SomethingDark is a magazine, whether published on the World Wide Web or in print, and that, in the first instance, when an issue of SomethingDark webMagazine is published, it is a complete, cohesive and unalterable publication in the same way that a print-published magazine is a complete, cohesive and unalterable publication.
• (e) Considering (d), above, once an issue of SomethingDark webMagazine has been published, material expressly supplied to us by contributors for such publication cannot be withdrawn from the published issue of the magazine.

(6) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not 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.

You must not 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.

You must not use our website for any purposes related to marketing without our express written consent.

(7) Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8) Limitations of liability

Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

• (a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
• (b) we will not be liable for any consequential, indirect or special loss or damage;
• (c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
• (d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.

(9) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any 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 on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(10) Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(11) Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

(12) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(13) Severability

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. If any unlawful and/or unenforceable provision 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.

(14) Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(15) Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(16) Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(17) Our details

The full name of our company is Something Something Ltd.

These terms and conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales. Something Something Ltd is Registered in England and Wales 6704869. Please see our main website www.SomethingSomething.co.uk for more information.

You can contact us by email via our contact page.

These terms and conditions are based on a precedent available at Website Contracts and Website Law