The following T&Cs apply to those visiting, using, and participating in both the Houghton & Mackay, and The Mackayan Websites, services and communications.
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.
The following Terms of Service 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.
The right exists, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. Additional notices, such as an email message, a message within the Service or externally. We may also change or discontinue any or part of any Service at any time, in our sole discretion.
Your use of the any of the Services is subject to any and all additional terms, policies, rules, or guidelines applicable to Service or certain features of the Service that we may post on or link to, such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features.
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.
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.
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:
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.
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.
By accepting these terms, participants and account holders hereby consent:
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.
2. 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.
3. 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.
4. 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.
5. 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.
You agree not to commit any act of the following prohibited conduct:
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.
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.
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.
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.
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.
2. 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.
3. Arbitration. Any arbitration between you and us will be governed by UK Law.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
Last updated Feb 21st 2021.