LEGAL TERMS


Terms of Service for Users, participants & customers


Key WORDING

Participants: Refers to anybody who takes part in the team as listed on the Team Page. Such as Writer, Journalist, Correspondent, Media Assistant, whether now or in the past. Consumers: Refers to anybody using our websites or services, passively or actively. Account Holders: Refers to anybody who has registered an account and accessed our services and functionality. Us, We: Refers to the Owner(s), together with Houghton & Mackay, and The Mackayan. Scouts: Means people in the media, literary or entertainment industries seeking talented writers, journalists and media participants.

Jump to main Headings below:

Paid Services / User Accounts / Participant & Account Terminations / References for Participants / Submissions / Ownership & Rights / DPA & GDPR / Warranties & Liability / “Mackayan” Email Addresses / Media Scouts


ASSENT TO TERMS

The following Terms of Service for the Mackayan.com website is not intended for persons under the age of 13 or to any users previously removed from the Service. If you are between age 13 and the age of majority in your jurisdiction, your legal guardian must review and agree to these Terms.

YOU ACKNOWLEDGE THAT YOU (OR, IF THE USER IS BELOW THE AGE OF MAJORITY, YOU, AS LEGAL GUARDIAN OF THE USER) HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL OF OUR SERVICES OR PARTICIPATION. IF YOU ARE USING OR OPENING AN ACCOUNT WITH US ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.


Modification

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. We may provide additional notice, such as an email message or a message within the Service or externally, and may also change or discontinue any or part of any Service at any time, in our sole discretion.

Additional Terms


paid services

  1. Payment Information. You are solely responsible for paying all fees and applicable taxes associated with your Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize us or its third party payment processors to charge the credit card or other payment method identified by you (“Payment Method”), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service.
  1. Subscriptions. For purchases of subscriptions to Paid Services:
  1. Your “Subscription Billing Date” is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10th: (1) your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month, (2) your Subscription Billing Date for your first annual subscription is January 10th of each year, and (3) your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 10th monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable.
  1. For any subscription to a Paid Service that you purchase after your Subscription Billing Date is established, your Payment Method will first be charged a pro-rata amount of the subscription fee for the number of days between the purchase date and the applicable Subscription Billing Date. Your Payment Method will then be charged the full periodic subscription fee for the next month or year, as applicable, on each Subscription Billing Date thereafter (or on the last day of the calendar month, if the last day of the calendar month occurs before the Subscription Billing Date for that month).
  1. Termination of Subscriptions. For any subscription to a Paid Service, that subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next period’s (i.e., month’s or year’s) subscription fees to your Payment Method.
  1. Third Parties and Fee Collection. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges.
  1. Refunds. Any fees charged to your account are non-refundable except as expressly stated in these Terms.
  1. Taxes. You are responsible for paying any taxes imposed on your use of the Services, including sales, use, or value added taxes.

User Accounts

You may browse both the Houghton & Mackay and The Mackayan.com websites without creating an account, subject to these Terms. However, to access some of the Services, you must register for an account or log into Service using appropriate logins via any media platform that we support (“Integrated Service”). Your use of any account with an Integrated Service is subject to any terms, conditions, and policies, including privacy policies, of that Integrated Service. When you use the Service to upload, download, or purchase content or any products, services, or information, you may be asked to provide a password.

PASSWORDS

You are solely responsible for maintaining the confidentiality of your account password and for restricting access to your computer or device. You agree that the information you provide to us on registration and at all other times will be true and accurate.


mackayan email addresses

Participants of The Mackayan may have access to a Departmental Inbox, for the purpose of communicating with people and organisations outside of the Mackayan. For example, but not limited to article preparation, research, filming and interviews. All users must adhere to the following policies when using Mackayan email addresses:

  1. Communication must be professional and polite
  2. Email must not be used for marketing purposes
  3. No financial or contractual negotiations may take place
  4. Participants must read & understand the CAN-SPAM regulations
  5. The Email password must not be revealed to non participants
  6. Access to the inbox is only available for current participants only
  7. Mackayan mail addresses must not be used for communication not related to The Mackayan.

Participants must inform the Executive Editor prior to any communication taking place, outlining the scope and objective of it. Where the communication is just and reasonable, sanction may be given, but providing it meets with all GDPR, CAN-SPAM and other relevant legislative frameworks.

The organisation & owners takes no responsibility for any communications conducted on non Mackayan or Houghton & Mackay email addresses, unless approval has already been obtained on an individual basis. Emails may be monitored for Audit purposes or where a reasonable cause to do so exists, in accordance with current UK legislative frameworks.

This policy accompanies the section on Conduct.


SCOUTS

One of the primary functions of The Mackayan Organisation is to provide a platform for people to learn and grow as writers, journalists or Media professionals. From time to time media & literary scouts or recruiters may contact individuals through the website or departmental inbox.


CONSENT TO MARKETING

By accepting these terms, participants and account holders hereby consent:

  1. To receive or continue to receive periodic emails and newsletters including news on updates, ideas, marketing and developments.
  2. This may continue as long as they are listed as participants, members of the team, or customers.
  3. You may receive some or all of the above, dependent on type of participant or account.

 Submissions & participation

  1. Artwork, literature & photography. By submitting items to us, you hereby grant The Mackayan and its owners an exclusive, worldwide, transferable, assignable, fully paid-up, royalty-free, license to host, store, transfer, display, perform, reproduce, and distribute such content on any of our Services, associate websites, or places where we exist and have the right to submit links to, or reproduce such content. Prior to publication, works may be edited. You may ask for a copy of any edit prior to it going live, whereas edits are not permitted post publication, unless to rectify an error.
  1. Published Content. Any works published immediately trigger a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise use your Published Content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Published Content. This license includes the right to engage a partner to distribute Published Content, whether or not such partner identifies us as a partner, to such partner’s customer base on a free or paid basis. This license also includes the right for us to convert your Published Content to any proprietary format and to display and make your Published Content available, in whole or in part (including excerpts), on other Services in association with other Published Content, content or advertising in digital or print form.
  1. Removal of User Submissions.  We reserve the right, and absolute discretion, to remove, screen, edit any User Submission at any time, either at editing stage, or after publication and for any reason without notice.
  1. No Endorsement. Further, you understand that when submitting content for upload or publication, we are not responsible for the content, usefulness, or intellectual property rights of or relating to such Published Content. The Mackayan, nor its owner (s) does not endorse any User Submissions or any opinion, recommendation or advice expressed in any User Submission, and we expressly disclaim any and all liability in connection with User Submissions. If notified by a User or a content owner of a User Submission that allegedly does not conform to these Terms, we may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to in accordance with these Terms. For clarity, we do not permit copyright infringement.
  1. Contacts, Interviews & Partners. We may as part of any relevant participation or Service allow volunteers or participants to liaise or collaborate with certain third parties outside of the organisation, such as artists, musicians, or other establishments including charities, groups, museums and so on. All discussions in the capacity as a volunteer or participant must be authorised by the Executive editor in writing before any agreements take place. Without limiting any other provision in these Terms, you understand and agree that we shall have no responsibility for any unilateral agreements that have taken place outside of this framework, on non “Mackayan” email addresses.

Prohibited Conduct

You agree not to commit any act of the following prohibited conduct:

  1. Use the Service or participate for any purpose other than to disseminate or receive original or appropriately licensed content and to access the Service as such services;
  2. delete the copyright or other proprietary rights markings of other Users’ User Submissions;
  3. make unsolicited offers, advertisements, proposals, or send junk mail or spam to people or organisations outside of Houghton & Mackay and/or The Mackayan. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, financial agreements, and petitions for signatures;
  4. Operate or behave in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libellous, or inaccurate User Submissions or other content;
  5. defame, harass, abuse, threaten or defraud participants, contacts, customers, or post, upload, or distribute any content that is unlawful or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use any of our content for any commercial use.
  6. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);
  7. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Houghton & Mackay / The Mackayan organisations, accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted, or perform any other similar fraudulent activity;
  8. hack, remove, circumvent, disable, damage or otherwise interfere with security-related features, User Submissions, features that prevent or restrict use or copying of any content.
  9. reverse engineer, decompile, disassemble or otherwise attempt to obtain any part of our organisation
  10. modify, adapt, translate or create derivative works based upon the organisation, its Services or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation; or
  11. remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), our brand elements, including logos, trademarks, service marks or other Materials displayed by us in any manner whatsoever.

Digital Millennium Copyright Act

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We may terminate without notice any User’s access to the Service if that User is determined to be a in violation either here or elsewhere.


Third Party Software; Integrated Services & Linked Sites

  1. Third party software may be required to use some portions of the Service (e.g., Adobe Acrobat, Adobe InDesign). You are solely responsible for obtaining licenses to any third party software that may be required to use the Service. In addition, your installation and use of any third party software is solely at your own risk, including any fees.
  1. We may provide or use tools via the course of our activities through our websites or Services that enable the exportation of information to Integrated Services, such as Facebook or Twitter, or through implementation of third party buttons (such as “like” or “share” buttons). You agree that we or other users may transfer that information and any publication to the applicable Integrated Service. Such third party sites and services are not under our control, and we are not responsible for their use of exported information.

PARTICIPANT & ACCOUNT Termination; Violations

  1. Except as expressly provided otherwise in these Terms, you agree that we, in our sole discretion, and without penalty, may terminate or suspend any account or participation hosted by, or your use of, the Services and remove and discard all or any part of your account or content, User profile, and any User Submission, for any reason at any time. We may also in its sole discretion and at any time discontinue providing access to any of our Services, or any part thereof, with or without notice. You agree that any termination of your access to Services or any account you may have or portion thereof may be effected without prior notice except as expressly provided otherwise in these Terms, and you agree that we will not be liable to you or any third party for any such termination, including any loss of your User Submissions. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. Your only remedy with respect to any dissatisfaction with: (i) the Service; (ii) any term of these Terms; (iii) any policy or practice in operating the Service; or (iv) any content or information transmitted through the Service, is to terminate these Terms and your account.
  2. You may cancel a Paid Service at any time by navigating to your account settings within the Service and selecting the option to cancel that Paid Service. Unused fees are non-refundable and we reserve the right to charge you subscription fees through the end of the subscription term that you elected.
  3. You may terminate your Service account and these Terms at any time by navigating to your account settings within the Service and selecting the option to terminate your account or by letting us know in writing.

PARTICIPANT TERMINATIONS

  1. Participants may cease participating on the project at any time by letting us know in writing by email, either to the Executive editor, or a relevant Editor.
  2. As in “Submissions and Participation” above, all published works will remain the property of The Mackayan and its owner(s).
  3. Participants not actively taking part in the organisation in accordance with the suggested contents of the Volunteer agreement(s) present on the policy section of this website, and superseded by the one emailed to volunteers upon joining the team may be removed from the organisation. Examples could also be, but not limited to, failing to submit articles on time, remaining unresponsive, and participating in misconduct.

references for participants

  1. Participants of the project may ask for a reference from the Executive editor at any time, whether they are a current or past participant of the project.
  1. At any time, The Mackayan may receive requests from third parties, as a result of your presence online, including prospective employers for references.
  1. All references will give a just, clear and full outline of their conduct, performance and other meaningful points in relevance to the purpose of the reference.
  1. However, we reserve the right to refuse references for any reason without explanation to both participants those with a legitimate interest in the participant. References of a negative nature are not given, and as such, it is solely the responsibility of the participant to determine the reason.
  1. Participants understand that their submissions will remain present online in various forms as a result of SEO, on the website, and will be searchable by others, particularly by those with a professional interest, eg as a future employer or other capacity. However, participants may ask for their names to be removed from the articles at any time.

GDPR & PRIVACY, COMMUNICATIONS

  1. Your privacy is important to us. All relevant Policies are incorporated into these Terms by reference. Please read any additional policies carefully for information relating to our collection, use, and disclosure of your personal information.
  2. By registering for a Service account and/or taking part in the team, you consent to receiving certain electronic communications from us as further described in our DPA/GDPR policy. In addition, when you register for an account, you are automatically opted-in to receive commercial email, which may include newsletters, announcements, and recommendations. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  3. The Data Controller for the Participants and their information is Karl Houghton. Karl@houghtonandmackay.com. The Data Controller for any services or apps for which access is obtained or given can be found on the websites or the relevant service providers.

Ownership; Proprietary Rights

The Services, branding, logos, taglines, trademarks, names and concepts found on both the Houghton & Mackay and The Mackayan Website are owned and operated by Karl Houghton.

Any articles submitted by participants become the property of the Organisation and/or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to Karl Houghton, affiliates or respective third-party licensors.

Except as expressly authorized in writing, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials, submissions or articles on this site. However, excerpts of articles leading back to the website is not prohibited.

We reserve all rights not expressly granted in these Terms and will seek legal remedy for infringement.


Indemnification

You agree to indemnify Houghton & Mackay, The Mackayan, its owner(s), affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of any of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you in these Terms. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify, and you agree to cooperate with our defence of these claims. Upon notice of any impending claim, action or proceeding, we will use reasonable efforts to notify of any indemnification obligation.


Disclaimer of Warranties

OUR AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH ANY OF OUR PLATFORMS OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE OUR SITES OR SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE OWNERS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE SERVICE OR ANY LINKED SITES WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED, HOUGHTON & MACKAY, THE MACKAYAN ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH OUR SERVICES OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability and Damages

  1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE OUR SITES, SERVICES OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH US OR OTHER SERVICE USERS, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF THE ORGANISATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES.

Arbitration Agreement; Class Action Waiver; Governing Law

These Terms provide that all disputes between you and the owner of both The Mackayan and Houghton & Mackay will be resolved by BINDING ARBITRATION. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the arbitration section below for the details regarding your agreement to arbitrate any disputes with this organisation or its owners and participants.

  1. Generally. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. 

  1. Exceptions. You agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our rights to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable United Kingdom, County, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
  2. Arbitration. Any arbitration between you and us will be governed by UK Law.
  3. Arbitration Notice; Process. If you elect to seek arbitration, you must first send to us a written notice to the email address stated at the bottom of this page. An arbitration notice, whether sent by you or by us, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. We both agree to use good faith efforts to directly resolve any claim, but if we do not reach an agreement to resolve the claim within 30 days after the notice is received, either party may commence an arbitration proceeding or file a claim in small claims court. During any arbitration, the amount of any settlement offer made by us or you must not be disclosed to the arbitrator. If our dispute is finally resolved through arbitration in your favour, we will pay you: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator’s award; or (C) £1,000, whichever is highest.
  4. Modifications. If we make any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of notice to you of the change, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
  5. No Class Actions. YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and us agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. YOU MAY OPT-OUT OF THE CLASS ACTION WAIVER ABOVE WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt- Out Deadline”). You may opt out of the waiver by mailing written notification to us at the email address stated at the end of these Terms. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not agree to the class action waiver. Your decision to opt-out will have no adverse effect on your relationship with us. Any opt-out request received after the Opt-Out Deadline will not be valid. Neither you, nor any other user of these Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
  6. Enforceability. If any or all of this arbitration agreement provision is found to be unenforceable, then the entirety of this arbitration agreement provision will be void and, in that case, you and us both agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms.
  7. Governing Law; Venue. These Terms and any action arising out of these Terms or your use of the Service, whether interpreted in a court of law or in arbitration, will be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of law principles.

Miscellaneous

  1. The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  2. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE, CONTENT FOUND ON OUR SERVICES OR SITES, OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

CONTACT INFORMATION:

legal@themackayan.com


Last Updated: February 11th 2021