1. INTRODUCTION TO TERMS
1.1. This Site is owned and operated by MyGeneration.
1.2. These Terms govern the use of the Site.
1.3. The Site is designed to provide a forum, enjoyable for all, for the exchange of opinions, comments and information and, therefore, MyGeneration requires its users to abide by these Terms. Your use of the Site will constitute your agreement to comply with these Terms.
1.4. If you do not agree with these Terms, you should not use the Site.
1.5. MyGeneration may modify these Terms from time to time. Continued use of the Site by you will constitute your acceptance of any changes or revisions to the Terms, so it is wise to check this page regularly.
1.6. We may terminate your access to the Site, without notice, in addition to our other remedies if you fail to follow these Terms.
1.7. From time to time, our Site may publish articles or features, which some Site visitors may find offensive. MyGeneration does not intend to offend and suggests that Site visitors who find the tone or content of the Site offensive, no longer visit the Site. No responsibility is taken for any offence caused.
2. USE OF THE SITE BY YOU
2.1. MyGeneration or its licensors own all material on the Site. You may retrieve and display content from this Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Site.
2.2. You acknowledge that the GENX brand is a trademark and that you may not use it without prior written permission from MyGeneration.
2.3. You may not authorise others to use the Site, and you are responsible for all of your own use of the Site. You agree not to use any obscene, indecent or offensive language, or to place on the Site any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Site any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
2.4. Other than connecting to MyGeneration’s servers by HTTP requests using a web browser, you may not attempt to gain access to MyGeneration’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
2.5. You are responsible for ensuring that any material you provide to the Site, including but not limited to text, photographs and sound, does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party.
2.6. You agree not to disrupt, modify or interfere with the Site or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any information or materials on, or associated with, the Site.
2.7. You acknowledge that MyGeneration has not reviewed and does not endorse the content of all sites linked to and/or from the Site and is not responsible for the content or actions of any other sites linked to and/or from the Site. Linking to any other service or sites from this Site is at your sole risk.
3. COPYRIGHT AND COPYRIGHT COMPLAINTS
3.1. All copyright, trademarks, design rights and all other intellectual property rights (registered or unregistered) where relevant in and on the Site and all content located on the Site is owned by and shall at all times remain vested in MyGeneration.
3.2. MyGeneration grants you a personal, limited, non-exclusive, revocable, non-transferable licence to use the Site content solely for personal use relating to your use of the Site. Except as expressly set out herein, neither you nor anyone acting on your behalf acquires any intellectual property rights relating to any Site content. Any rights not expressly granted within these Terms are reserved.
3.3. By sharing any contribution(s) with us (including but not limited to data, text, photo, message, posting, image, logo, attachment, hyperlink and all other content (collectively “Contribution(s)”) to the Site, you agree and grant MyGeneration and its sub-licensees, free of charge permission, to use the Contribution(s) at MyGeneration’s sole discretion (including modifying and adapting it for operational and editorial reasons) in connection with the operation of the Site and MyGeneration’s business. The licence extends to copying, distributing, broadcasting or otherwise transmitting, adapting or editing the Contribution(s).
3.4. You agree and confirm that any Contribution(s) you provide or upload is original to you and does not infringe UK laws, copyright or other rights of any other person throughout the world, or that you have the consents necessary to provide the Contribution(s) to MyGeneration.
3.5. You acknowledge that MyGeneration does not endorse the accuracy, integrity, copyright, compliance, legality, quality or decency of any Contribution(s). Whilt other users may respond to or comment upon Contribution(s), you acknowledge that such comments do not necessarily represent the views or opinions of MyGeneration.
3.6. MyGeneration respects the intellectual property of others, and we ask our users to do the same. MyGeneration may, in appropriate circumstances and at its discretion, terminate the access of users who infringe the copyright and any other intellectual property rights of MyGeneration and of others.
3.7. If you believe that your work has been copied and is accessible on any MyGeneration Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact MyGeneration immediately using the Contact function on the Site.
4. TRADE MARKS
All trade marks used on or in conjunction with the Site by MyGeneration are trademarks of MyGeneration and may be registered in certain jurisdictions. All other trademarks used on this Site are the property of their respective owners.
5. COMPETITIONS AND PRIZES
These Terms apply to all prize promotions including free draws and prize competitions.
5.1. From time to time MyGeneration will run competitions and free prize draws (“Competition(s)”) on then Site. Competitions may be subject to additional terms that will be made available at the time.
5.2. No purchase is necessary to enter the Competition unless otherwise stated on the promotional activity with a specific Competition.
5.5. Competitions are not open to any employees of MyGeneration, the promoter or their immediate families, a Competition promoter’s advertising agency and sales promotion consultancy, or anyone else connected with the creation and administration of the Competition.
5.6. Entries in the incorrect format will not be considered.
5.7. Once entered, entries cannot be returned / withdrawn.
5.8. Unless otherwise stated only one Competition entry, fulfilling the eligibility requirements above, will be accepted per person. Spammers will be disqualified.
5.9. Entrants will be deemed to have accepted these Terms and to have agreed to be bound by them.
5.10. Once selected, only the winner(s) will be contacted personally by email using the contact details provided upon entry.
5.11. Winners will be notified on the day that the winner is selected. Winners will have 7 (seven) working days to respond in full or another winner will be selected.
5.12. MyGeneration’ decision is final in every situation, including any not covered above and no correspondence will be entered into in respect of the validity of any such decision.
5.13. MyGeneration shall be permitted to exclude or disqualify any entrant at any time at its sole discretion.
5.14. MyGeneration reserves the right to exclude late, incomplete or multiple registrations, or registrations made by third parties or agents.
5.15. MyGeneration does not accept any responsibility for late or lost entries. Proof of sending is not proof of receipt.
5.16. The name of the winner(s) will be available by sending a stamped addressed envelope to MyGeneration, Elldan House, Llanmorlais, Swansea, SA4 3TF, indicating the name of the Competition.
5.17. Entry to the Competition and acceptance of the prize constitutes permission to use any entrant’s name, image and any competition entry photograph, for promotional and/or editorial purposes in any format in print and non-print media without additional consultation.
5.18. Prizes must be taken as stated and cannot be deferred although MyGeneration reserves the right to change the prize in the event of unforeseen circumstances. There will be no cash alternative.
5.19. MyGeneration reserves the right to (i) cancel and/or withdraw any Competition and/or (ii) amend these Terms, at any time without notice.
5.20. To the fullest extent permitted by applicable law, in no event will MyGeneration be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, damage or injury arising under or in connection with this Competition.
5.21. Where MyGeneration runs a competition with a promoter such that the promoter is responsible for the selection and/or the provision of prizes then MyGeneration shall not be responsible for or have any liability for the provision of such prizes by the promoter.
5.22. All competition and the rules applicable to them are governed by English and Welsh law, and entrants agree to submit to the exclusive jurisdiction of the English and Welsh Courts in relation to all matters arising under or in connection with the same.
6. COMMENTS BY USERS ARE NOT ENDORSED BY MYGENERATION
MyGeneration does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users on the Site. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and you acknowledge that these do not necessarily represent the view of MyGeneration.
MyGeneration has joined up with selected third party partners to enable you to purchase relevant products and services. Transactions carried out with specified third party partners (and not with MyGeneration) will be governed by the third party’s standard terms and conditions which may be found on the third party’s Site before you transact. From time to time MyGeneration may team up with other selected third parties to offer you the opportunity to purchase goods from the third party’s website. Such purchases will be with the named third party (and not with MyGeneration) and will be governed by the terms and conditions notified to you at the time of purchase. MyGeneration cannot and do not accept any responsibility or liability for any losses you may suffer as a result of entering into any transaction with any third party.
8. OTHER PROMOTIONS
From time to time, MyGeneration (or selected third parties) may include competitions, promotions or other offers on the Site. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
9. MATERIALS PROVIDED BY OTHERS
You agree that MyGeneration is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
You agree to indemnify MyGeneration and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and to hold them harmless from any and all claims, demands, liabilities, damages, costs and expenses (including legal fees) that may arise from: (i) your submissions, Contribution(s) or provision of content; (ii) your use or misuse of the Site; (iii) your unauthorised use of material obtained through the Site; (iv) your breach of these Terms; (v) any such acts arising through your use of the Site; or (vi) any other violation of the rights of another person or party.
11. EDITING AND DELETIONS
MyGeneration reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users on the Site, in its sole discretion and without notice.
12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
12.1. YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS,” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MYGENERATION AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE.
12.2. MYGENERATION AND ITS AFFILIATES MAKE NO WARRANTY, IMPLIED OR EXPLICIT, THAT ANY PART OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY, NOR THAT THE CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER MYGENERATION NOR ITS AFFILIATES NOR ANY PARTICIPANT IN THE SITE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
12.3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE MYGENERATION AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.4. MYGENERATION’S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY MYGENERATION’S NEGLIGENCE.
MYGENERATION HAS THE RIGHT TO TERMINATE YOUR ABILITY TO ACCESS THE SITE, FOR ANY REASON, WITHOUT NOTICE.
14.3. Data Protection: MyGeneration and our sponsors and promoters may use your details to let you know about other products and services which we think would be of interest to you. Occasionally, we may also pass your details to selected companies. This will only be done with your permission so we advise you to check the tick boxes on the relevant form carefully. MyGeneration is registered as a data controller under the Data Protection Act 1998.
Please remember that posting your name, contact information or any other personal information on the Site places such information in the public domain. Always use caution when giving out information. We advise that you do not reveal any information about yourself or anyone else (for example: full name, telephone number, postal address, email address, home address or any other details that allow you to be personally identified) on the Site.
16. INFORMATION AND AVAILABILITY
While MyGeneration takes every care to ensure that the information on the Site is accurate and complete, some of it is supplied to MyGeneration by third parties and MyGeneration is unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors interruptions and delays may occur in the service at any time. Accordingly, MyGeneration’s Site is provided “as is” without any warranties of any kind and MyGeneration does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
17.1. Any third party web site that links to this Site must not:
(i) create a frame or any other browser or border environment around the content of this Site; (ii) imply that MyGeneration is endorsing it or its products or services; (iii) use any MyGeneration trade mark displayed on any MyGeneration Site without permission from MyGeneration; (iv) infringe any intellectual property or other right of any person; (v) be a website that contains content that could be construed as distasteful, offensive or controversial.
17.2. MyGeneration expressly reserves the right to request that any link in breach of these Terms be removed and to take whatever other action it deems appropriate.
17.3. When using the Site you may be offered automatic links to other sites. Whilst MyGeneration hopes you will be interested in those other sites, you acknowledge that their owners may be independent from MyGeneration and MyGeneration does not endorse or accept any responsibility for their content.
17.4. Pages of the Site may contain some contextual affiliate marketing links created by third parties. Purchases made on these third party sites are the sole responsibility of the third party who owns such site. It is possible that any purchases made through these links may result in a commission being earned by MyGeneration.
18.1. These Terms together with any additional terms which are drawn to your attention constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.
18.2. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
18.3. These Terms are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
18.4. Failure of either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
18.5. Unless otherwise specified on the Site, the content of the Site is directed solely at those who access the Site from the United Kingdom. MyGeneration makes no representation that any of the content of the Site is appropriate for use elsewhere, or available in any other locations. Those who choose to access the Site from any other location are solely responsible for compliance with local laws and regulations if and to the extent that they are applicable.
18.6. You agree that these Terms, for all purposes, shall be governed by and construed in accordance with English and Welsh law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English and Welsh courts as regards any claim or matter arising under these Terms.
18.7. For the exclusive benefit of MyGeneration, MyGeneration shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
Please leave the Site now if you do not agree to these Terms
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