© Sunday Times Driving Limited 2014
Registered in England No. 08123093
Registered office: 1 London Bridge Street,
London, SE1 9GF
Version date: 26 November 2013
IMPORTANT – DISCLAIMER – PLEASE READ CAREFULLY:
Driving.co.uk (“Website”) is run by Times Newspapers Ltd (“Sunday Times Driving”). Information on the Website is provided ‘as-is’ for general information purposes only and should not be relied upon as a specific source of information. The price (including any finance estimate(s)/quote(s)), detail(s), specification(s), image(s) of a vehicle and/or any other information posted on or in connection with the Website (“Information”) may not be up to date or accurate and should be checked first with the relevant seller/dealer/lender as appropriate. Information may be subject to change at any time without notice and is used at your own risk. Under no circumstances shall Sunday Times Driving be responsible for any loss or damage resulting from use of the Website and/or from any Information. Nothing in this Disclaimer shall be construed as limiting or excluding Sunday Times Driving’s liability for (i) fraud; (ii) death or personal injury caused by its negligence; or (iii) any type of liability which cannot be excluded at law. Any negotiation(s) and/or contract(s) relating to the purchase of a vehicle or finance estimate(s)/quote(s) advertised on the Website are between you and the relevant seller/dealer/lender only, and Sunday Times Driving has no responsibility whatsoever in relation to such negotiation(s) and/or contract(s) under any circumstances. Finance may be available through third party lenders subject to status, to over 18s only. Terms and conditions apply. Guarantees/indemnities may be required. This Disclaimer is subject exclusively to English law and jurisdiction.
Terms and Conditions of Use
This terms and conditions of use agreement (“Agreement”) applies to the Websites (as defined below) which are owned and operated by members of the News UK Group (as defined below). By accessing this Website you are agreeing to the terms and conditions that appear below. If you have any comments or questions please contact us at Customer Services, News Corp UK & Ireland Limited, 3 Thomas More Square, London, E98 1RL.
This Website is provided by the member of the News UK Group identified below (“Provider”, also referred to as “we”, “us” and “our”) whose registered office is at News UK Automotive, The News Building, News UK, 1 London Bridge Street, London SE1 9GF, is registered in England with the company number identified on the Website and has VAT number GB 243 8054 69.
1. Introduction and definitions
The services offered by Provider through the Website include any features, content, or applications offered or made available from time to time by Provider and/or its licensors in connection with the Website (collectively, the “Services”). The Services may be hosted inside or outside of the United Kingdom.
“Business Day” means a day (other than a Saturday or Sunday) on which banks are open for business in London.
“Website Member” means a private individual who has subscribed to or registered with the Website.
“News UK Group” means News Corp UK & Ireland Limited (whose registered office is at 3 Thomas More Square, London, E98 1XY), the holding company of News Corp UK & Ireland Limited and any subsidiary from time to time of News Corp UK & Ireland Limited or its holding company. Holding company and subsidiary have the meanings given in section 1159 of the Companies Act 2006.
“User” means a Visitor or a Website Member.
“Visitor” means anyone using the Website who is not a Website Member.
“Websites” means the websites (including their constituent pages) with their home pages as set out below:
www.Driving.co.uk – provided by Times Newspapers Limited
and any other websites or electronic media sites or services from time to time (whether designed for access by mobile or fixed devices or otherwise), owned or operated by a member of the News UK Group as may link to these Terms and Conditions from time to time (and “Website” means any one of them)
This Agreement sets forth the legally binding terms for your use of the Services. Only private individuals aged 18 years or over are permitted to register for use of the Website and to use the Services. By using the Services, and in consideration of Provider providing the Services to you, you agree to be bound by this Agreement, whether you are a Visitor or a Website Member. Only Website Members are entitled to access areas of the Website restricted to Website Member only access except and to the extent that Provider otherwise expressly consents in writing. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to register to become a Website Member, and make use of the Services available only to Website Members, you must read this Agreement and indicate your acceptance during the registration process. Availability of the Website will commence on a date determined by Provider.
3. Use of Services and additional terms
This Agreement includes Provider’s policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions as notified to you. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate and notified to you, you agree that if you choose to participate in those Services those additional terms and conditions will be incorporated into this Agreement.
Provider may modify this Agreement from time to time and such modification shall be effective upon posting by Provider on the Website. We will provide a clear link within the Website to the then current Agreement. You agree to be bound by any changes to this Agreement when you access the Website or use the Services after any such modification is posted. If you do not agree to be bound by them, you should not use the Website or the Services.
5. Unacceptable Content
5.1 Please choose carefully the information you post on the Website and that you provide to other Users. Your Website profile and other Content (as defined in clause 12.1) submitted by you to the Website may not include the following items: telephone numbers, street addresses or other contact details or identifying information of private individuals, contact details of public figures and any photographs containing nudity, or obscene, lewd, violent, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, it is possible that content provided by other Users (for instance, in a Website Member’s profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Provider assumes no responsibility or liability for this material. If you become aware of misuse of the Website or the Services by any person, please contact firstname.lastname@example.org or click on the “Report inappropriate Content” link next to any User generated content. You must be logged in as a Website Member in order to report inappropriate content through this link.
5.2 Provider reserves the right, in its sole discretion, to reject or refuse to from the Website, whether or not the Content is expressly prohibited by this Agreement, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
By using the Services, you represent and warrant that (a) all registration and if applicable, payment information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (including your email address); (c) you are a private individual aged 18 years or older; and (d) your use of the Services does not violate any applicable law or regulation.
This Agreement shall remain in full force and effect while you use the Services or are a Website Member. You may terminate your Website Membership at any time, for any reason, via the “Contact Us” section of the Website . Your profile may be deleted and your Website Membership may be terminated without warning, if we believe that you are under 18 years of age, in breach of any of the other warranties in clause 6 above or as otherwise specified in clause 26 of this Agreement headed “Termination”. Even after Website Membership is terminated, sections 11 – 27 inclusive of this Agreement will remain in effect.
8.1 You acknowledge that Provider reserves the right to charge for the Services and to change any applicable fees from time to time in its discretion. If we terminate your Website Membership or use of any of the Services because you have breached the Agreement or other applicable terms and conditions you shall not be entitled to a refund of any unused portion of subscription or registration fees.
8.2 You agree to pay the subscription or registration fees and any other charges that we have notified you of and you have agreed, incurred in connection with your screen name and password for a Website and/or a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription or registration includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas.
9. Downloadable Mobile Products and internet sites accessible via electronic media platforms and devices existing from time to time; Exceptions for certain Subscribers and Other Users
9.1 Downloadable applications and internet sites accessible via electronic media platforms and devices.
If you have downloaded or subscribed for an application to access a Service, whether via a mobile or other digital service or otherwise, you may if expressly agreed by Provider in writing have access without charge for a limited time to certain Website Member-only content and if so some or all of the “Fees” terms will not apply to you during such time. To the extent not inconsistent with this Agreement, the applicable “End User License Agreement” for the service through which you downloaded the application or otherwise obtained access to the Service may apply.
9.2 Other Subscribers and Users
If you are entitled to access the Website and/ or Services on a complimentary basis in connection with your subscription to one of our print publications, some or all of the “Fees” terms may not apply to you. Please contact our Subscriptions department for details.
9.3 Exclusive preview
If you access a Website and/or Service as part of an exclusive preview you are hereby notified that all of the terms and conditions of this Agreement apply to you except any obligation to pay for access to the Website and Services used in accordance with this Agreement during that time. We may terminate the exclusive preview at any time without notice. Once the exclusive preview has ended if you wish to continue to access the Website and use the Services you will need to subscribe to or register for use of the Services on a paid for basis.
10. Password and screen name
10.1 When you sign up to become a Website Member, you may also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Website Member at any time or to disclose your password to any third party. You agree to notify Provider immediately by emailing support@Driving.co.uk if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
10.2 You are entitled to use and access the Websites and/or Services registered for or subscribed to in accordance with this Agreement and other terms and conditions applicable to the Services until your subscription is terminated in accordance with the applicable terms and conditions.
11. Non-commercial Use
The Services are for the personal use of Website Members only or, where specified, Users, and may not be used in connection with any commercial endeavours except where and to the extent specifically endorsed or approved by Provider. Illegal and/or unauthorized use of the Services, including (i) collecting screen names and/or email addresses of Website Members and/or any other data or content from the Website by electronic or other means (including automated web crawlers and spiders) and whether for the purpose of sending unsolicited email, data aggregation, transmission to or storage in another website, or otherwise; and (ii) unauthorised framing of or linking to the Website is prohibited. Using webcrawler, spidering or other automated means to access, copy, process and/or store any content or data made available on the Website or through the Services other than as may be permitted under the Robot Exclusion Protocol or Automated Content Access Protocol adopted by the Website is prohibited except to the extent expressly agreed by Provider in writing. In the event of conflict between the terms of the Robot Exclusion Protocol or Automated Content Access Protocol adopted by the Website, the terms of the Automated Content Access Protocol shall prevail. Commercial advertisements and other forms of solicitation are prohibited unless expressly agreed by Provider in writing. Links may be removed at our discretion for any reason. Legal action may be taken for any illegal or unauthorised use of the Services or the Website.
12. Proprietary Rights in Content on the Website
12.1 Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, or any other materials that you post or email to the Website or the Services (collectively, “Content”). After posting or emailing your Content to the Website or the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use such Content in any way you choose. By displaying, emailing, publishing or submitting for display or publication (“posting”) any Content on or through the Website or the Services, you hereby grant to Provider a Worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of Content, transmission and distribution of Content on and through the Website, the Services and/or any newspaper or other publication published by Provider in its different present and future forms for example newsprint, Braille, talking book, electronic databases, e-paper, website mobile application or any other facsimile or derivative versions in any medium. The rights granted include without limitation the right to license photocopying, scanning, downloading in electronic or other forms including without limitation by the Newspaper Licensing Agency and other normal use for the purpose of information or study or as otherwise permitted by copyright law.
12.2 You represent and warrant that: (i) you own the Content posted by you on or through the Website or the Services or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the Website or the Services. You acknowledge that Content submitted will not be returned.
12.3 The Website and/or the Services contain Content owned by Provider (“Provider Content”). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider owns and retains all rights in the Provider Content and the Website and the Services. Provider hereby grants you a limited, revocable, non-sublicensable license to retrieve and display the Provider Content (excluding any software code) on a computer screen solely for your personal, non-commercial use to the extent necessary to view the Website including the Provider Content and to make reasonable use of the Services.
12.4 The Website and/or the Services contain content owned by Users and other licensors to Provider (“Third Party Content”). Except for Content posted by you and in which you retain ownership rights, you may not unless and to the extent otherwise specifically authorised by Provider copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. You may retrieve and display Third Party Content (excluding any software code) from the Website or the Services on a computer screen solely for your personal con-commercial use to the extent necessary to view the Website including the Third Party Content and to make reasonable use of the Services.
13. E-mail Policy
13.1 We will not respond unless required to do so by law to any electronic mail (“e-mail”) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
13.2 All e-mails received will be taken to be submitted, where appropriate, for publication, free of charge. If you have a story tip-off or you would like to submit a story please use the contact us link on the Website or visit the useful numbers page to access contact details for our editorial teams.
13.3 We will not disclose any personal information under any circumstances of any staff of any company in the News UK Group. Where appropriate we will endeavour to respond to e-mails with 3 days of receipt, but we cannot and do not guarantee to respond to e-mails. E-mails will generally be stored for 12 months after which time they will automatically be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately.
14. Content Posted
14.1 Provider may delete, or in pre-moderated areas of the Website refrain from posting any content that in the opinion of Provider violates this Agreement breaches any relevant House Rules or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. Except to the extent which cannot be excluded or limited by law or regulation in respect of content on the Website which we moderate before posting, Provider assumes no responsibility for monitoring the Website or the Services for inappropriate content or conduct. If at any time Provider chooses, in its sole discretion, to monitor the Website or the Services, except as required by law or regulation, Provider nonetheless assumes no responsibility for the content (other than Provider Content), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
14.2 You are solely responsible for the Content that you post on or through the Website or any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Provider does not endorse and has no control over content posted by Users. Content is not necessarily reviewed by Provider prior to posting and does not necessarily reflect the opinions or policies of Provider. Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
15. Content/Activity Prohibited
15.1 The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Website or the Services. Provider reserves the right to investigate and take action against any User who, in the opinion of Provider, violates this provision. This may include, without limitation, removing the offending communication from the Website or the Services, preventing access to the Website and the Services and/or terminating without any refund of subscription or registration fees, the Website Membership of such violators and/or reporting to law enforcement authorities or regulatory bodies. Prohibited content or activity includes, but is not limited to content or activity that, in the opinion of Provider:
15.1.1 is offensive;
15.1.2 promotes racism, terrorism, hatred or physical harm of any kind against any group or individual or links to websites that promote the same;
15.1.3 harasses or advocates harassment of another person;
15.1.4 exploits people in a sexual or violent manner;
15.1.5 contains pornography, violence, or offensive subject matter or contains a link to an adult website;
15.1.6 solicits personal information from anyone under 18;
15.1.7 provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual;
15.1.8 provides any telephone numbers, street addresses, email addresses or other contact details of any public figure;
15.1.9 promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
15.1.10 promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files or file sharing;
15.1.11 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
15.1.12 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
15.1.13 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
15.1.14 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
15.1.15 involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
15.2 The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Provider reserves the right to investigate and take appropriate legal action against anyone who, in the opinion of Provider, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
15.2.1 criminal activity or any tortious act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
15.2.2 advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
15.2.3 covering or obscuring the banner advertisements on your personal profile page, or any page on the Website via HTML/CSS or any other means;
15.2.4 any automated use of the system, such as using scripts to perform automated operations;
15.2.5 interfering with, disrupting, or creating an undue burden on the Website or the Services or the networks or services connected to the Website of the Services;
15.2.6 attempting to impersonate another Website Member or person;
15.2.7 using the account, screen name, or password of another Website Member at any time or disclosing your password to any third party or permitting any third party to access your account;
15.2.8 selling or otherwise transferring your profile;
15.2.9 using any information obtained from the Website or the Services in order to harass, abuse, or harm another person;
15.2.10 displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website of the Services on behalf of that person, such as placing commercial content on your profile, or sending private messages with a commercial purpose;
15.2.11 using the Website or the Services in a manner inconsistent with any and all applicable laws and regulations;
15.2.12 modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
15.2.13 making available or uploading files that contain software or other material, data or information not owned or licenced to you or collecting information about others (eg names/addresses) without their prior consent;
15.2.14 making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
15.2.15 falsifying the true ownership of software or other material or information contained in files made available via the Website or the Services; or
15.2.16 Obtaining or attempting to obtain unauthorised access, through whatever means, to the Website or the Services, other services or computer systems or areas of our or any of our partners’ networks which are identified as restricted.
16. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Provider prohibits use of the Website and/or the Services of any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and the Services by another User in a way that constitutes copyright infringement, please notify us via the “Report inappropriate content” link accompanying the content in question. We will take such action (if any) that we in our absolute discretion deem appropriate.
17. Website Member Disputes
You are solely responsible for your interactions with other Users. Provider reserves the right, but has no obligation, to monitor disputes and other interactions between you and other Users through the Website.
18.2 Provider will provide tracking numbers on the Website that you may use to contact advertisers by telephone. Calls made via these numbers will be recorded for training purposes and kept for up to three months. Tracking numbers and the recording of those calls is managed by the Publisher’s data aggregator.
Provider is not responsible for any incorrect or inaccurate content posted on the Services or the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Profiles created and posted by Website Members on the Website or the Services may contain links to other websites although we are not responsible for any User generated links or linked-to content. Provider is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Provider. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by Provider. When you access these third-party sites, you do so at your own risk. Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Provider is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content provided through the Website. Provider is not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Provider be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided “AS-IS” and as available and Provider makes no representations or warranties of any kind as to the Website, the Services or the content thereof, including without limitation, as to availability of the Website and/ or Services for access and use. In particular Provider expressly disclaims all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding Provider’s liability for death or personal injury caused by its negligence.
20. Choice of law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.
You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Website Member. This Agreement constitutes the entire agreement between you and Provider regarding the use of the Website and the Services. The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
23 Competitions and Prize Draws
We may from time to time run competitions, free prize draws and/or other promotions on the Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
24 Additional Services
From time to time we may provide games or other content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
25 Advertising and Sponsorship
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings.
26.1 You may not assign, sub-license or otherwise transfer any of your rights under the Agreement. If any part of the Agreement is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.
26.2 No third party may enforce the terms of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
27.1 We may terminate the provision of the Website or the Services or restrict your access to them and/or terminate your Website Membership without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Website and/or the Services; (2) any event beyond our reasonable control prevents us from continuing to provide the Website or the Services (for example, without limitation, technical difficulties, capacity problems and communications failures); (3) we consider in our sole discretion that you are abusing the Services provided by the Website or are otherwise acting in breach of the Agreement; (4) you do not pay the subscription fees within 14 days of them becoming due; (5) you become the subject of bankruptcy or insolvency proceedings; or (6) the exclusive preview has ended and valid payment for continued access has not been received; (7) your access to the Websites is under a corporate subscription package which has terminated; (8) your right to use the Services under an “End User License Agreement” referred to in clause 9.1 has terminated; or (9) our agreement terminates with a third party device or platform owner with whom you have contracted to access the Services.
27.2 As this is a shared service with other Users, you agree that if the demand for the Services provided by the Website is in excess of our ability to meet the capacity, we may either share the capacity among all Users or we may give you notice by e-mail that the provision of the Website will terminate. Any such termination will not affect your accrued liabilities incurred prior to any such termination.
27.3 We may change, suspend or discontinue any aspect of the Website and/or Services at any time including the availability of any feature of or other content in the Website.
27.4 We reserve the right to offer the Website and/or Services only to residents of certain territories. We may terminate registrations of anyone who is not a resident of those territories.
27.5 Where you have purchased your subscription to the Website through a third party platform or device owner different commencement and cancellation provisions may apply as may be notified to you by that third party at the time of purchase. Your dealings with any third party platform or device owners and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings.
28. House Rules
In addition to the terms and conditions set out above, you agree to use the Services in accordance with any applicable house rules (“House Rules”) that we specify in relation to a Service. All such House Rules shall form part of the Agreement. In the event of a conflict between the terms and conditions set out above and any applicable House Rules the relevant House Rules shall prevail.
Please contact us at: email@example.com with any questions regarding this Agreement.
You must be 18 or over to register for the Services. If you are under 18, please stop using the Services and notify us right away.
The Provider respects its Users and would ask that they respect each other. In areas of our site where you can express yourself or interact with others, we ask that you stick to what is legal, tasteful and civil.
Our Services are about our readers. We want to engage them and hear their views and we ask for their participation and vigilance. If you see something on the Website that has been posted by another reader and that you think is inappropriate, please let us know right away via the “Report inappropriate content” link. Our dedicated team of moderators works 24 hours a day to read your complaints and act if necessary. For more details about our moderation, see the relevant section below.
- Is racist, homophobic, sexist, or demeaning to either sex, abusive, sexually explicit, pornographic, of a disturbing nature or that preaches, encourages or incites religious or ethnic hatred, or links to websites that promote the same;
- Breaks the law, or encourages other to break it;
- Makes defamatory comments about others;
- Infringes copyright or other intellectual property rights;
- Reveals another User’s personal details, such as their surname, address, contact numbers, email address or other identifying information;
- Uses swear words in order to offend others, or may be deemed rude or mean spirited or attempts to circumvent profanity filters in order to use swear words;
- Promotes commercial products or enterprises or repeatedly posts links to promote other sites and/or services; or
- Is an image of a child under 18(for further detail please see below);
In addition, we ask that you do not use the Website to carry out any activity prohibited by the Agreement including by way of example to:
a. harass, threaten or attack anyone or otherwise behave in any way that would cause annoyance or distress to other Users;
b. transmit or knowingly receive content and/or language that is in any way unlawful, threatening, offensive, or in breach of any obligations of confidence. This includes the use of swear words and the use of offensive nicknames;
c. flood or “spam” the Website or any User who posts content on the Website;
d. provide instructions for illegal or otherwise harmful activities;
e. transmit or knowingly receive information relating to (or include links to) pornography, pirated software and/or computer games or other counterfeit goods;
f. collect and/or distribute personal data concerning other Users;
g. impersonate another person, whether a friend, family member, celebrity, moderator, another User or an employee of any member of the News UK Group;
h. attempt to commercially gain from use of the Website. This includes the transmission of advertisements and any other attempts to generate business from other Users of the Website;
i. post chain letters or pyramid schemes;
In addition the following is prohibited:
1. use of multiple logins for the purpose of disrupting the community or annoying other Users;
2. dissemination of “spoilers” such as material which contains plot developments which have not been transmitted on UK analogue or digital television (whether free-to air, cable or satellite). Such content will be deleted unless submitted in a designated “spoilers area”;
3. Content containing languages other than English;
4. Use of offensive or inappropriate screen names;
5. Deliberate misuse or spamming of the complaints facility;
6. Use of swear words or other language likely to offend;
7. Posting of content which breaks the law, condones or encourages unlawful activity.
We reserve the right to remove from the Website, without notice and at our sole discretion, any content that we consider inappropriate for the Website. We may also ban, block or delete any user accounts if, according to our sole judgement, their owners or Users have infringed the Agreement, any relevant House Rules or are using our service in a manner that we consider inappropriate.
HOW WE MODERATE
We have a dedicated team of trained moderators working around the clock. If you want to reach them to report offensive contributions, always use the inappropriate content reporting link, which can be found next to any entry created by our Users. We ask that you always log in to file these reports. This ensures that we know the exact location of the content complained about, and it helps us prevent campaigns that target individuals anonymously.
When reporting about another User’s contribution, make sure you state why you think it breached our Agreement or House Rules. Disagreement with someone’s views is not a reason to report them.
When we receive your complaint, we will evaluate it and decide on the most suitable action. We will not normally confirm the steps we take to the complainant, as this may breach the rights and privacy of others, but rest assured that all complaints will be checked promptly and professionally.
In some cases, we may have to remove an entire segment of content, including messages that do not breach our terms, if they were part of a topic that was in breach of our Agreement or House Rules, or where the context is lost or does not make sense once we removed offensive content. For example, if we remove a racist comment, the responses to it will no longer be relevant.
Images of children are strictly regulated on our service. We allow them but must ensure that they comply with strict guidelines, including that they should not be sexualised in any way, and that they are posted by the child’s immediate family. In many cases we find that parents or relatives upload pictures of their children in good faith, unaware that these might be copied and misused, or that there are privacy issues around their use on the Internet. We remove them in the best interest of the child, and to protect the parents. Unfortunately, we can’t always tell for sure if a picture is that of a minor and, when in doubt, we’d rather err on the side of caution.
GENERAL TERMS AND CONDITIONS FOR COMPETITIONS
- These terms and conditions apply to all competitions (unless and to the extent that) the competition states otherwise.
- The winner is responsible for ensuring they are able to accept the prize as set out and in accordance with these terms and conditions, in the event they are unable to do so then the Promoter reserves the right to redraw the prize.
- Entry is free but entrants should be aware that they may be subject to data charges depending on their own individual arrangements for Internet access.
- An eligible entrant must be an individual, must enter on their own behalf, and must submit an entry in the form requested by the Promoter under this promotion including their name, address and e-mail address.
- By entering, all eligible entrants agree to abide by each and all these terms and conditions. Misrepresentative or fraudulent entries will invalidate an entry. Where a competition involves a voting process: offering or receiving any incentive for voting is not permitted and will invalidate the vote, and may disqualify the recipient of the vote. The Promoter reserves the right, with or without cause, to exclude entrants and withhold prizes for violating any of these terms and conditions. The Promoter reserves the right to amend these terms and conditions. Any amendments will be published on the Website.
- The Promoter reserves the right to publish entries (including parts of entries) other than the winning entry and publication does not necessarily mean the entrant has won a prize.
- Entrants will retain copyright in their submitted entries, however, by entering, all entrants licence the Promoter a worldwide royalty-free perpetual licence to edit, publish and use each entry in any and all media (including print and online) for publicity and news purposes. The Promoter reserves the right to publish entries (including parts of entries) although publication does not necessarily mean the entrant has won a prize.
- There is no cash or other alternative to the prize stated and the prize is not transferable and no part or parts of the prize may be substituted for other benefits, items or additions.
- Winners may be required to submit valid identification before receiving their prize.
- The Editor’s decision is final and binding on the entrants. No correspondence will be entered into.
- The Promoter will not be liable for technical, hardware, or software failures of any kind or lost or unavailable network connections that may limit or prohibit an eligible entrant’s ability to participate in the competition. Other than death or personal injury arising from the acts or omissions of the Promoter or its employees, the Promoter will not be liable for any loss or damage arising out of the winner’s (or their guest’s) enjoyment of the prize.
- By entering, any subsequent prize winners agree to allow the free use of their names, photographs and general locations for publicity and news purposes during this and future promotions by the Promoter or any associated or subsidiary company of News Corp UK & Ireland Limited.
- Completion and submission of a registration slip or e-mail will be deemed acceptance of these terms and conditions.
- The Promoter reserves the right at any time to cancel, modify or supersede the competition (including altering prizes) if, in our sole discretion, a competition is not capable of being conducted as specified. The Promoter reserves the right to substitute a prize of equal value in the event that circumstances beyond their control make this unavoidable.
- For a list of winners please send a stamped envelope to News UK, Competitions Department, 3 Thomas More Square, London, E98 1XY, England, stating for which competition you would like winners’ details.
- Competition rules published in publications of the Promoter (including social media if applicable) or on the Website form part of these rules.