Physics World app terms and conditions
This document sets out the terms and conditions on which IOP Publishing Limited ("IOP") will allow you to have access to the Physics World app for the iPhone, iPod Touch, iPad and devices powered by the AndroidTM operating system (the "Application"). Android is a trademark of Google Inc. Please read these terms and conditions carefully. By accessing the Application, you will be deemed to have read and agreed to be bound by them all.
Scope of Licence
IOP grants you a limited, non-exclusive, terminable, non-transferable licence to access the Application via any iPhone, iPod Touch, iPad, or Android powered device you own or control on the terms and conditions of this Agreement and, in relation to any use of the Application on the iPhone, iPod Touch or iPad, as permitted by the Usage Rules set out in Apple's App Store Terms and Conditions (which are incorporated into this agreement). Any user details must not be divulged to any person nor used to facilitate any other person getting access to the Application in any way. IOP reserves the right to deny you access to the Application if it believes that other people are accessing the Application through your user details. The Application will allow you to have access to all Physics World issues published since February 2011.
You may access and read Physics World articles as part of the Application. No text accessed via the Application may be made available by you to any third parties whether or not for commercial reward. You may only use this Application in a way that does not breach the laws of the country in which you are accessing it.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The agreement between IOP and you set out in these terms and conditions shall become effective on acceptance by IOP. IOP shall have the right to terminate your access to the Application immediately on notice to you if you breach these terms and conditions and/or you reject a change to these terms and conditions notified to you by IOP. In the absence of any rejection within 30 days of notification any new terms and conditions will apply.
IOP content, provided as part of the Application, is either owned by IOP or IOP has the right to make it available and is subject to all applicable copyright, database protection and other rights of copyright owners and publishers under the laws of England and other countries. You shall claim no ownership by reason of your use of or access to the Application. ALL RIGHTS RESERVED.
You and IOP both acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, IOP, not Apple, will (subject to the other terms and conditions of this agreement) be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Withdrawal of Content
IOP reserves the right at any time to withdraw any of the article(s) (or part of any article(s)) from the Application if it no longer retains the right to publish or ceases, for whatever reason, to publish or to distribute such news article(s) or if, in its sole discretion, it believes that such news article(s) contains any material which infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
Availability of the Application
IOP will use its reasonable endeavours to make the Application available on a 24 hour basis, subject to IOP's right to suspend access in order to carry out routine maintenance, repairs, testing, reconfigurations or upgrades and unavailability caused by circumstances beyond IOP's reasonable control including, but not limited to, downtime relating to telecommunications lines or any Internet nodes or facilities. If access is suspended or interrupted, or fault or defect occurs which prevents access, IOP's liability shall be limited to using all commercially reasonable efforts to restore access as soon as is reasonably practicable. IOP shall have no other liability in this respect. IOP shall not be liable for any delay, downtime, transmission error, software or equipment incompatibility, force majeure or any failure of performance beyond its reasonable control. IOP reserves the right to suspend access to the Application on detecting a breach of these terms and conditions.
Disclaimer of Warranties
IOP warrants that it is entitled to grant access to the Application on the terms and conditions of this agreement. IOP WILL TAKE REASONABLE CARE TO ENSURE THAT THE NEWS ARTICLES ARE COMPLETE, ACCURATE AND ERROR FREE BUT IOP DOES NOT WARRANT THEIR COMPLETENESS OR ACCURACY AND DOES NOT WARRANT THAT YOUR ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE RESULTS OBTAINED WILL BE USEFUL OR WILL SATISFY YOUR REQUIREMENTS. OTHER THAN AS SET OUT ABOVE, IOP MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS AND/OR USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACTS, BUSINESS INTERRUPTION OR FOR LOSS OF DATA. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF IOP FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF A BREACH OR TERMINATION OF THIS AGREEMENT OR ACCESS TO THE APPLICATION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DUE TO NEGLIGENCE, EXCEED £50 (FIFTY POUNDS) OR, IF GREATER, ANY AMOUNT YOU MAY PAY IOP FOR THE APPLICATION DURING THE YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF IOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS OR DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES AND AS FAR AS THE LAW ALLOWS. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER OR PURPORTS TO LIMIT OR EXCLUDE ANY LIABILITY OF IOP TO THE EXTENT IT CANNOT BE LIMITED OR EXCLUDED BY LAW.
REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU MAY BRING NO ACTION ARISING FROM THESE TERMS AND CONDITIONS MORE THAN SIX CALENDAR MONTHS AFTER THE CAUSE OF ACTION AROSE.
YOU ASSUME SOLE RESPONSIBILITY FOR ALL YOUR USE OF THE APPLICATION AND SHALL INDEMNIFY AND AGREE TO HOLD IOP INDEMNIFIED FROM ANY LIABILITY OR CLAIM OF ANY PERSON ARISING FROM SUCH USE.
Subject to the other terms and conditions of this agreement, IOP, and not Apple, is solely responsible if the Application fails to confirm to an applicable product warranty (if any). In the event of any failure of the Application on the iPhone, iPod Touch or iPad to conform to an applicable product warranty (if any), you may notify Apple, and Apple will refund the purchase price for the Application to you (if any purchase price was paid). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty (if any) will be IOP's sole responsibility (subject to the other terms and conditions of this agreement).
You and IOP both acknowledge that IOP, not Apple, is (subject to the other terms and conditions of this agreement) responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
IOP and you both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
This agreement and access to the Application may not be assigned or transferred by you to any other institution, organization or person. Failure to enforce any provision on any one occasion shall not affect a party's right to enforce another provision or the same provision on another occasion.
This agreement, and any other agreement entered into separately between IOP and you for the Application which is in force on the date that this agreement comes into force, constitutes the entire agreement between us relating to the Application and supersedes any prior communication between us with respect to the Application. This is not intended to exclude any liability that either party may have for fraud. Where there is any conflict between this agreement and any other existing agreement between us relating to the Application then the latter shall prevail. Any amendments to these terms and conditions will be effected by an electronic communication initiated by IOP which you do not reject within 30 days.
You confirm that IOP shall be entitled to contact you for the purposes of keeping you updated with information about the Application and for promoting other goods and services of IOP and its group companies from time to time. Please see IOP's Privacy and Cookies Policy for more information.
You and IOP both acknowledge that this agreement is concluded between you and IOP, and not with Apple. IOP is solely responsible for the Application and its content (subject to the other terms and conditions of this agreement).
In relation to any use of the Application on the iPhone, iPod Touch or iPad, you and IOP both acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
This agreement will be governed by and construed in accordance with the laws of England and the parties submit to the jurisdiction of the English Courts. You shall not be bound by this paragraph to the extent that compliance would violate any existing law, regulation, by-laws or articles of incorporation or other governing instrument.
If you have any complaints, claims, comments or questions relating to the Application, please contact IOP at:
IOP Publishing Limited
Telephone: +44 117 929 7481