Website Terms & Conditions

Effective From 01/06/2016

Terms

Please note that by using this website or our mobile applications (for example our iPhone and iPad apps) (a “Site”), you accept these Terms. If you do not accept these Terms, do not use this Site. We may change these Terms from time to time, so you should review them each time that you visit the Site. You should print a copy of these Terms for future reference.

Index

1. About us

This Site is operated by Associated Newspapers Limited, a company registered in England under company number 84121 with a registered office at Northcliffe House, 2 Derry Street, London W8 5TT ("we", "us", "our"). Our VAT number is GB 243571174. You can contact us using the following email address: contact@mailsubscriptions.co.uk

2. Using our Site

2.1. You may view (and, where applicable, listen to) the content available on the Site for personal non-commercial use. You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks and copyright and trade mark notices are not removed.

2.2. Unless otherwise stated in these Terms, you must not (whether directly or indirectly) copy, download, store, make available, distribute, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever. If you require any further information on permitted use, or a licence to re publish any part of the Site (or any Content), please email us at contact@mailsubscriptions.co.uk or contact us by telephone on 0808 272 0808. Calls to 0808 numbers are free. Our opening hours 7am to 7pm, 7 days a week.

2.3. You may only play video or audio files using the media player on our Site.

2.4. If you would like a friend to read a story or watch or listen to a video or audio file on our Site, please use the 'Email to a Friend' or 'Share this Article' facilities on our Site, or you may email a link to our Site to your friend or simply ask them to visit our Site. Please ensure that you have their consent before giving us their details.

2.5. You must not use all or any part of our Site or the contents on it for commercial purposes without our permission.

2.6. Users, whether or not registered, must not abuse our Report Abuse facility e.g. by making malicious reports.

3. Registration

3.1. You must be 16 years old or older to register and 18 years old or older to enter competitions on the Site.

3.2. You must register your real name, address, phone number, e-mail address any other details requested.

3.3. Only one registration per person is allowed. You must keep your registration information up to date.

3.4. You must choose an email address which gives you frequent access to emails sent to that address, as we need to be able to contact you. You must keep your password confidential.

3.5. You must not:

  • (i) impersonate or try to impersonate another person;
  • (ii) disclose your password to anyone else;
  • (iii) allow anyone else use your account;
  • (iv) use anyone else's account.

3.6. You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing contact@mailsubscriptions.co.uk

4. Your content - what we are allowed to do

4.1. We may publish, check, edit or remove all or part of the comments or other material, including your name, town and country, which you submit to us ('Your Content'), at our sole discretion. We are not obliged to do any of these things and we may not.

4.2. You retain any copyright you may have in Your Content. By submitting material to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting Your Content, you warrant that you have the right to grant this licence. The licence is capable of sub-license by us to other entities and brands in our group of companies.

4.3. To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content. This clause 4 means, for example (without limitation), that we can:

  • Continue to publish all or part of Your Content, including your name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
  • Remove Your Content, even if you have not breached these Terms or our House Rules;
  • Use all or part of Your Content in promoting our products and services (e.g. we may use a screenshot including your comments in our advertising);
  • Edit your Content, which may result in a part of it being modified and displayed, including without your name. Please note that we do not check, monitor, moderate or even see all the comments and other material submitted to us. While some comments are pre-moderated (i.e. checked in advance by us before publication), some are not.

5. Your content - what you are not allowed to do

5.1. You must not submit any material to our Site that:

  • (a) is:
    • (i) defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist,
    • (ii) indecent, obscene or of a sexual nature,
    • (iii) a breach of confidentiality or someone's privacy;
  • (b) could prejudice any active legal proceedings of which you are aware;
  • (c) is likely to:
    • (i) cause someone alarm, anxiety or distress;
    • (ii) encourage violence or racial or religious hatred;
  • (d) infringes any intellectual property rights, such as copyright and trademarks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material;
  • (e) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
  • (f) advertises any product or services;
  • (g) impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
  • (h) is in breach of these Terms, our Privacy Policy, and/or House Rules;
  • (i) is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;

5.2. You must not include links on the Site to any websites or webpages.

5.3. You must not try to get round any protections we put in place for the security and operation of the Site.

5.4. You must not re-submit content which you are aware has been removed.

6. Suspending or terminating your registration

6.1. We may suspend, terminate or prevent your registration at our sole discretion. This may be because, for example, we consider that you have breached or will breach these Terms or our House Rules or someone has reported abuse. However, we are not obliged to do these things, we decide.

6.2. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit content (e.g. using someone else's registration), without our permission. The period of any suspension depends on all the circumstances.

7. Third party content and links available on this Site

7.1. We are not liable or responsible for the third party content on this Site. Third party content includes, for example, comments posted by users and the content of advertisements.

7.2. Where this Site contains links to other sites and resources, which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources. If you see something which you reasonably believe breaches these Terms or our House Rules, please use the Report Abuse facility. If there is no facility available, please contact us on contact@mailsubscriptions.co.uk

8. Your personal information

8.1. We will use your personal information in accordance with our privacy policy, which forms part of these Terms. Please read our Privacy Policy now.

9. Our liability

9.1. The information contained on this Site is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the Site or its contents.

9.2. Except for liability for fraudulent misrepresentation, we are not liable for:

  • (a) any action you may take as a result of relying on any information provided on this Site or for any loss or damage suffered by you as a result of you taking this action;
  • (b) any dealings you have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site;
  • (c) any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach of these Terms.

9.3. We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.

9.4. The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site will be error free, available all the time and/or free from viruses.

9.5. However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.

10. Maintenance of the Site

10.1. Making your use of the Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.

10.2. We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Site available again as soon as we think it is safe to do so.

11. Viruses

11.1 We do not guarantee that our site will be secure or free from bugs or viruses.

11.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

11.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

12. Validity of these Terms

11.1. If any part or provision of these Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

13. Jurisdiction and applicable law

13.1. These Terms are governed by English law. The English courts shall have exclusive jurisdiction over any dispute relating to these Terms

14: House Rules

Please read these rules carefully. They outline what we consider is acceptable and unacceptable content. We may update the rules from time to time, so please read them before posting a comment.

Rule 1: We welcome your opinions, experiences and advice. We want our customers to see and understand different points of view. Try to contribute to the thread, rather than just stating if you agree or disagree. Unless you have a witty one-liner, please explain why you hold your opinion.

Rule 2: This is a public forum. Once your comment is online, everyone with Internet access can read it. Please make your comment clear to ensure that it is not misunderstood. Your comment may be appreciated by other users by being given a thumbs up. You can express a strong opinion but please do not go over the top. Don't forget that you are legally responsible for what you submit. Please consider how your comment could be received by others. Many different types of people of different ages may view your comment.

Rule 3: Language and relevance. Please be polite. Do not use swear words or crude or sexual language. Only English is allowed. Keep your submissions relevant to the article or topic. Do not insult other contributions or discuss the non-appearance or removal of any content on this Site or the suspension or termination of any users. If you would like to discuss the operation of the Site with us, please email us on contact@mailsubscriptions.co.uk

Rule 4: Report abuse. We strongly support the One Account community in maintaining high standards of participation. If you consider that a comment does not comply with these rules or our Terms, please use the relevant Flag as Inappropriate facility, located just under the comment in issue. The facility should only be used for serious complaints, not simply because you disagree with something said.

Rule 5: No libel or other abuse. You must not make or encourage comments which are: • defamatory, false or misleading; • insulting, threatening or abusive; • obscene or of a sexual nature; • offensive, racist, sexist, homophobic or discriminatory against any religions or other groups.

Rule 6: Confidentiality, privacy and contempt. Please respect people's privacy. You are not allowed to submit confidential or private information. For example, you must not upload the telephone number, email address or any other contact details of any person. You should not write anything which could prejudice pending or on-going court proceedings of which you are aware. For example, if you have any personal knowledge about someone who has been arrested or charged or being prosecuted for an offence, you must not mention it. If you do, you could be in contempt of court, which is an extremely serious matter.

Rule 7: No advertising, solicitation or investigations. You must not use our Site for: • the promotion of any products or services or for any other commercial purpose; • any sponsorship, petition, campaign, scheme or chain message; • an investigation e.g. tracing the whereabouts of any person.

Rule 8: No impersonation and proper disclosure. You must not pretend to be someone else (e.g. an expert, another user or a member of our team). You must not pretend that you are unconnected to an article or topic, when in fact you are. If you have a personal connection to a story or topic, you should disclose your connection or, where appropriate, not comment at all.

Rule 9: No linking or copyright infringement. You must not insert links to websites (URLs) or submit content which would be an infringement of copyright.

Rule 10: Respect the spirit as well as the letter of the House Rules. In deciding what is acceptable, please also respect the spirit and tone of these rules and the community.

Rule 11: Removal of content. Reader comments that violate the letter or spirit of these rules or our Terms may be removed (or, if checked in advance, not published in the first place). If we do remove something, we will generally remove whole posts, or where necessary, whole threads (not parts). This means that even if only one sentence is objectionable, the whole comment will usually be removed (or not published). If a comment or a thread is removed, this may be for any number of reasons. Usually, this will be because the comment breaks these rules or our Terms or is the subject of an abuse report. Sometimes, the comment may be removed because it is connected to another comment which is being removed. We hope that you will understand that, once properly notified of a complaint, we may have to remove a comment for legal reasons (whatever the rights and wrongs). If your content has been removed, we may email you to let you know or to inform you if you have been suspended or banned from submitting further comments to the Site. If you are aware that content has been removed, you must not deliberately resubmit the same content.

Rule 12: Suspension and termination. We reserve the right to suspend or ban an account at our sole discretion. Here are some reasons why we might do so:

  • Breaching these rules or our Terms;
  • Serious failure to respect the spirit and tone of the community;
  • Conduct or comments that demand a disproportionate amount of our time or that abuse our staff.

The length of a suspension or whether we ban someone depends on all the circumstances. Bans are generally for extreme cases and repeated serious abuse. If we suspend or ban your registration, you must not attempt to re-register or submit content (e.g. using someone else's account), without our permission.

15: Privacy & Cookies Policy

16: Complaints

If you have a complaint about editorial content in a video please go to www.dailymail.co.uk/readerseditor to fill in a complaint form.

Ofcom regulates the editorial content of on-demand services and ensuring that certain rules are observed, including in relation to product placement and sponsorship in certain programmes, and prohibiting certain material, including relating to incitement to hatred.

If your complaint is not resolved, you can submit an online complaint here: www.ofcom.org.uk/tv-radio-and-on-demand/how-to-report-a-complaint/complain-about-a-video-on-demand-service.

Ofcom’s general contact page is here www.ofcom.org.uk/about-ofcom/contact-us.

If you have a complaint about advertising, please go to www.dailymail.co.uk/readerseditor to fill in a complaint form.

If your complaint is unresolved you can contact the ASA by post at Advertising Standards Authority, Mid City Place, 71 High Holborn, London, WC1V 6QT, or by telephoning 0207 492 2222. Further information about the ASA can be found at www.asa.org.uk