The Modern Gentleman Journal Website Terms of Service

Posted as of: August 5, 2015

Welcome to The Modern Gentleman Journal.

TMGJournal.com (the “Website”) is an Internet service owned and operated by The Modern Gentleman Ltd. (“TMG”). TMG is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service to govern your use of the Website, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of the Website tells us you have read and agreed to these Terms of Service. Please read them carefully. These Terms of Service are a binding contract between you and TMG, regarding your use of the Website. If you do not agree with any of these terms, please exit the Website.

 

The Website Content

1.1

All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to this website, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this website (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of TMG, and its affiliated companies, licensors and suppliers. TMG actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.

1.2

The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by TMG, and Marks owned by other information providers and third parties. For example, “TMGJournal.com” is a registered trademark of TMG. No Marks may be used in any manner unless approved in advance, in writing by TMG.

1.3

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by TMG. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by TMG. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of TMG.

1.4

Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the Website.

1.5

Free access to the content made available to you on the Website is possible due to the paid advertising that appears on the Website. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website.

1.6

You may not frame or utilise framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Website without our express written consent. You may not alter or modify in any way, the Website including but not limited to using any software to suppress or alter the display of advertising on the pages of the Website. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website.

1.7

TMG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact us, in writing, by email hello@tmgjournal.com, and provide TMG with the following information consistent with the UK CS The UK Copyright Service, Copyright infringement, suggested procedure in the event you believe your work is infringed.

1Who can take legal action? Only the owner of a work (or his exclusive licensee) can bring legal action against the infringer.

2Has a copyright infringement actually occurred? Be clear in your mind that an infringement has actually occurred and that this is not simply a case of incidental inclusion or coincidence.
The work should be substantially similar in design, structure or content, to the degree that it can be said that the work was copied or adapted from your original, rather than simply a similar idea or concept.
It is a good idea to show both works to a friend or colleague for a second opinion.

3Gather your evidence. The success or failure of your case will rely on the quality of the evidence, so take time to gather your facts carefully.
Your evidence should include:

1A copy of the infringing work. Wherever possible, obtain a copy of the infringing work, this will prove valuable if the other party later changes the content in an attempt to deny your claim.

2A copy of your work. Print off a copy of your work and mark specific examples of where the two works are similar, particularly good evidence is if you can find duplication of unique aspects of your work, for example, if an error in your original has been duplicated in the copy.

3Copy of the registered version of your work (if different). If the work has evolved since registration, it is a good idea to also print a copy of the registered version, and match the infringing work against this.

4Date of registration. This can be found on the registration certificate, and represents the date from which you can prove that the work was in your possession.

5Other dated documents. Any letters or other documents referring to the work before the date of infringement.

6Developmental work. Rough drafts, previous versions, synopsis etc. These represent what is called evolution of ideas and are good as evidence to demonstrate that you developed the work rather than stealing it.

4Contact the infringer. The first step is to make the infringer aware of your objection and put forward a reasonable settlement and time scale to reach the settlement.
In your letter you should include:

◦The name of the work(s) you are objecting to.

◦The reason why this is an infringement, i.e. an unauthorised copy, adaptation etc.

◦State that you believe this act constitutes an infringement. That your work is protected under law and that this constitutes a breach of your legal rights.

◦State that this is unacceptable and must stop.

◦State what action is required to resolve the dispute, usually you would request the withdrawal of all copies of the work (and any other encroaching materials).

◦Specify a deadline for your conditions to be met (28 days is a typical period).

◦State that you are seeking legal advice and that the case will be pursued if they do not comply with your request within the time period.

5It is normal to simply request the withdrawal of all infringing work as the first course of action, if however you believe that you are entitled to financial remuneration, such as damages or royalties, then contact a solicitor immediately.

6Important points to note

◦If the infringing material is being published on-line, also contact the service provider(s) for the site to let them know of the infringement. This may be:

▪An online service provider that hosts the site, or

▪The company that providing the network access for the site

◦In many countries an Internet Service Provider may also be liable if they knowingly allow infringement on their systems to continue, so they will often act swiftly to remove the offending content if the site owner does not.

◦Wherever possible, keep a dated copy of the infringing material (and ideally also send this to your solicitor). This will ensure that you always have evidence of the infringement in case of future problems.

◦Keep a copy of all correspondence you send or receive.

◦Do not sign any contracts or agreements unless you are certain what they involve and that it is in your interest to do so.

◦If you are in any doubt, or do not receive satisfaction, speak to a solicitor.

◦If you are a trading company, and your work is being used by a competitor with a similar name, though not directly a copyright claim, if you can establish that you were there first, then the infringer may also be guilty of trading off your name or reputation.

◦Always remain calm and courteous in your correspondence, do not allow yourself to get drawn into heated argument or debate. A professional and fair attitude will be a credit to you in the long run.

7Further action. If you have not settled the dispute within the deadline, or if you believe that you are entitled to damages and/or royalties, then you should present your evidence to your solicitor or lawyer for a proper assessment on how to proceed).
One option may be to make a claim through a small claims court hearing. Whether this option is available will depend on you location and where the infringement occurred.
In the UK there is the Intellectual Property Enterprise Court (formerly the Patents County Court), that deals with intellectual property claims, including patent, copyright and trademark disputes; for details, please visit www.justice.gov.uk.

8Engaging a solicitor. If you do not have a solicitor, contact your local Citizens Advice Bureau, or Business Advice Centre who will be able to put you in touch with a recommended solicitor in your area. Many solicitors will offer a free half hour consultation for new clients, and it is well worth taking advantage of this to have the merit of your case professionally assessed.
Once your case is in the hands of a solicitor it is best to stick to this course and refer all correspondence through your solicitor. This also has the benefit of demonstrating that you are not likely to back down, and you will have a good chance of being taken seriously.

9Benefit of a UKCS registration. If your work is registered with the UK Copyright Service, the independent evidence your registration provides gives you the best possible chance of proving your case. Effectively forcing the other party to provide similar evidence which pre-dates your registration if they are to have any chance of defending their position.
The irony is that by having such strong evidence you are often unlikely to need it in a formal legal proceeding. When the other party realises strength of your case they will normally wish to come to an amicable agreement.
You can of course call on UKCS for duplicate certificates and to provide a copy of the registered work if required, but your solicitor will be the best informed person to advise you on how to pursue the case from this point.

 

Membership and Registration

2.1

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Website. When you register or become a member of the Website or provide information to the Website in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that TMG may use the information you provide to us according to the Privacy Policy on the Website.

2.2

If you become a member of the Website, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website using your name in whole or in part. TMG reserves the right to terminate membership and deny access to the Website to any person who violates these Terms of Service.

Other Information Content Providers: Non-Staff Bloggers, Other Provider Content

3.1

The Website is a distributor of content supplied by other information content providers such as non-staff bloggers, commenters and content owned by other providers that is published with their permission on the Website. The Website is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by TMG. TMG is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website and assumes no duty to monitor the Website for inappropriate or inaccurate content. Neither TMG nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, TMG reserves the right to remove information provided by other information content providers at any time in its sole discretion.

User-Generated Content: Comments

4.1

The Website’s interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Website. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Website. The Website reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

4.2

By placing material on, or communicating with, the Website, including for example by posting a comment to a TMG story, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant TMG, its affiliates and related entities, including the Website, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of the Website, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorise TMG to include the information you provide in a searchable format that may be accessed by users of the Website and other TMG websites. You also grant TMG and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant TMG the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

4.3

Please note that TMG does not accept unsolicited materials or ideas for use or publication. TMG is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TMG.

Posting Rules

Interactive areas of the Website are intended to encourage public debate. We expect people to differ – judgment and opinion are subjective things – and we encourage freedom of speech and a marketplace of ideas. But by using these areas of the Website, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on the Website at any time for any reason. Decisions as to whether content violates any TMG posting rule will be made by TMG in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide the following guidelines to those posting content on the Website. When using the Website, please do not post material that:

•contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.

•is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.

•violates any right of TMG or any third party.

•discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.

•violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.

•unfairly interferes with any third party’s uninterrupted use and enjoyment of the Website.

•advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.

•uploads copyrighted or other proprietary material of any kind on the Website without the express permission of the owner of that material.

•uses or attempts to use another’s account, password, service or system except as expressly permitted by these Terms of Service.

•includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.

•uploads or transmits viruses or other harmful, disruptive or destructive files.

•disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites.

•”inflames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

•is unrelated to the specific interactive area or the interactive area’s topic.

•disguises the origin of the post.

•collects or stores other users’ personal data.

 

A violation of certain of posting rules may be referred to law enforcement authorities. TMG reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.

Website Security Rules

6.1

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. TMG will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

Communications With Third Parties Through the Website

7.1

Your dealings or communications through the Website with any party other than the Website are solely between you and that third party. For example, certain areas of the Website may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will TMG be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Software Available On This Website

8.1

Any software that is made available to download from the Website (“Software”) is the copyrighted work of TMG suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.

International Users

9.1

The Website is controlled, operated and administered by TMG from its offices within the United Kingdom. TMG makes no representation that materials or the Content available through the Website are appropriate or available for use outside the United Kingdom and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of UK export laws and regulations. If you access the Website from a location outside the United Kingdom, you are responsible for compliance with all local laws.

E-Mail Addresses

10.1

TMG respects the privacy of its readers. However, TMG does make available for rental its list of those registrants who have expressly provided us with their permission to receive third party information and offers as part of their user profile.

Modification

11.1

TMG shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website shall constitute your acceptance of any changes. TMG shall have the right at any time to change or discontinue any aspect of the Website, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.

Notice of Availability of Filtering Software

12.1

You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.

Disclaimer

13.1

ALL MATERIALS AND SERVICES ON THE WEBSITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TMG IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE. BECAUSE TMG HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT TMG IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT TMG DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BG SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE. TMG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. TMG EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. TMG ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. TMG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT CONTAINED THEREIN. TMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.

Use Of This Website Is At Your Own Risk.

14.1

Under no circumstances, including, but not limited to, negligence, shall TMG, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorised access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that TMG is not liable for any conduct of any user.

14.2

AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TMG AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE; (B) TMG USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU. If you are dissatisfied with any TMG material, or with any of TMG terms and conditions, your sole and exclusive remedy is to discontinue using the Website.

Indemnity/Limitation of Liability

15.1

These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.

15.2

These Terms of Service have been made in and shall be construed and enforced in accordance with UK law. Any action to enforce this agreement shall be brought in the courts located in UK. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of TMG to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to TMG, and all other provisions for which survival is equitable or appropriate. TMG may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

General

16.1

These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.

16.2

These Terms of Service have been made in and shall be construed and enforced in accordance with UK law. Any action to enforce this agreement shall be brought in the courts located in UK. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of TMG to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to TMG, and all other provisions for which survival is equitable or appropriate. TMG may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

Service Contact

17.1

Contact hello@tmgjournal.com with questions or problems with the Website.

Any rights not expressly granted herein are reserved.

© 2017 The Modern Gentleman Ltd.