GENERAL CONDITIONS OF USE FOR GUESTS AND REGISTERED MEMBERS OF nextdaynews.org
NDN1 Terms and conditions of use agreement Version date: 31st March 2013 Please read this carefully. This terms and conditions of use agreement ("Agreement") applies to the Website (as defined below) which are owned and operated by members and agents of nextdaynews.org (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, Premier Publications, P.O. Box: 26623, Helensburgh, Scotland, UK, G84 4AH. This Website is provided by Premier Publications ("Provider", also referred to as "we", "us" and "our") whose registered office is at P.O. Box: 26623, Helensburgh, Scotland, UK, G84 4AH
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 the UK. "Website Member" means a private individual who either: a) has subscribed to or registered with the Website; or b) is expressly entitled to access the Website and the Services by virtue of subscription to another product or service provided by a member of Premier Publications in accordance with the terms and conditions thereof.
"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:
FRONT PAGE – provided by nextdaynews.org
All indexed Articles and Media - provided by nextdaynews.org; 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 Premier Publications as may link to these Terms and Conditions from time to time (and "Website" means any one of them)
NDN2 Acceptance.
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.
NDN3 Use of Services and additional terms.
This Agreement includes Providerʼs 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.
NDN4 Modification.
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.
NDN5 Unacceptable Content.
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 password section) 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 images 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 Memberʼs 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 contentmanagement@nextdaynews.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.
Provider reserves the right, in its sole discretion, whether or not the Content is expressly prohibited by this Agreement, 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.
Eligibility. 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 aged18 years or older; and (d) your use of the Services does not violate any applicable law or regulation.
NDN6 Term
This Agreement shall remain in full force and effect while you use the Services or are a Website Member.. 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 above or as otherwise specified in this Agreement headed "Termination”. Even after Website Membership is terminated, all sections detailed after “fees” of this Agreement will remain in effect.
NDN7 Fees
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.
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. Fees relating to other access periods, for example 24 hour access, will be billed at the time notified to you in advance. Unless we state in writing otherwise, all fees and charges are non-refundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you would like to use a different credit or debit card, change your account details, there is a change in credit or debit card validity or expiration date, or if you believe someone has accessed a Service using your screen name and password without your authorization, you must follow the procedures outlined in the FAQ section of the Service. You are responsible for all fees incurred to access a Service or otherwise by anyone using your email address and password. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
Where Provider expressly agrees in writing that your access to certain websites is included on a complimentary basis by virtue of your subscription to another product or service offered by Premier Publications or any of their respective agents, additional terms and conditions applicable to those other websites may also apply. These terms and conditions may be accessed from the menu at the top of this page or will be notified to you separately. By accessing any of these websites you confirm your agreement to the applicable terms and conditions as notified.
Where Provider expressly agrees in writing that your access to certain Websites and/or Services is included on a complimentary basis by virtue of your subscription to another product or service offered by Premier Publications or any of their respective agents, you accept that if your subscription to that product or service terminates, or on expiry of any period during which your access is specified to be complimentary, or if your access is terminated pursuant to this Agreement you will no longer be entitled to complimentary access to the relevant Website and/or Service.
If at any time during your subscription or registration we decide to impose or increase the price we charge you we will give you at least four weeks notice by email. This notice period does not apply in respect of any exclusive preview period which we may terminate at any time. You may only use an introductory offer once.
Any voucher codes issued to you by Provider are personal to you and not transferable, Unless otherwise specified by Provider, a voucher code may only be used once. Unless otherwise specified in the terms and conditions related to the voucher code, the terms and conditions related to a voucher code you use in relation to the Services are hereby incorporated into this Agreement by this reference.
Payment can be made by the methods stated on the Website as being available to you from time to time. You warrant and represent that you are the account holder of the bank account details you submit or that the credit card or debit card that is being used is yours. All credit card debit card holders are subject to validation checks and authorisation by the card issuer.
We take all reasonable care to make our Website secure. All credit card and debit card transactions on this site are processed using a secure online payment gateway that encrypts your card or bank account details in a secure host environment. If you have either a) subscribed to the Website using one of the available payment methods; or b) registered with the Website for 24 hour access and opted-in to have your credit card or debit card remembered, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process pre-authorised payments or other transactions which you have initiated.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
NDN8 PRIVACY STATEMENT:
Nextdaynews.org does not store Credit or Debit card details for any transaction on the site. All personal details, relating to these transactions, are kept in the strictest confidence and will not be shared with any third parties.
Our email address for all enquiries is customerservice@nextdaynews.org
NDN9 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. 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.
NDN10 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.
NDN11 Password and screen name.
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, screen name, 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 help@nextdaynews.org 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.
Your screen name and password are personal to you and must not be transferred or shared. Your screen name and password may only be used to access the Website and/or the Services from one device at a time. When you subscribe we may create a screen name for you which will generally be in the form of “first-name/last-name” and the next sequential number for that name combination. You may change your email address, screen name and password at any time in the Dash- board section of the Website. You may not select as your screen name the name of another person with the intent to masquerade as that person or use a screen name that Provider in its sole discretion deems offensive. 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.
NDN12 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. Links may be removed at our discretion for any reason. Legal action maybe taken for any illegal or unauthorised use of the Services or the Website.
NDN13 Proprietary Rights in Content on the Website.
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 license 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 only. The rights granted include without limitation the right to license photocopying, scanning, downloading in electronic or other forms and other normal use for the purpose of information or study or as otherwise permitted by copyright law. 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.
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.
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.
NDN14 E-mail Policy
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.
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.
We will not disclose any personal information under any circumstances of any staff of any agency connected to Premier Publications. Where appropriate we will endeavour to respond to e-mails within 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.
NDN15 Content Posted.
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.
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.
NDN16 Content/Activity Prohibited.
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:
1 is offensive;
2 promotes racism, terrorism, hatred or physical harm of any kind against any group or individual or links to websites that promote the same;
3 harasses or advocates harassment of another person;
4 exploits people in a sexual or violent manner; 5 contains pornography, violence, or offensive subject matter or contains a link to an adult website;
6 solicits personal information from anyone under 18;
7 provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual;
8 provides any telephone numbers, street addresses, email addresses or other contact details of any public figure;
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;
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;
11 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
12 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
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;
14 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
15 involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
NDN17 Other Prohibitions:
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:
1 criminal activity or any tortuous 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;
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.
3 covering or obscuring the banner advertisements on any page on the Website via HTML/ CSS or any other means;
4 any automated use of the system, such as using scripts to perform automated operations;
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;
6 attempting to impersonate another Website Member or person;
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;
8 selling or otherwise transferring your profile;
9 using any information obtained from the Website or the Services in order to harass, abuse, or harm another person;
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;
11 using the Website or the Services in a manner inconsistent with any and all applicable laws and regulations;
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;
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;
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 falsifying the true ownership of software or other material or information contained in files made available via the Website or the Services; or
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 partnersʼ networks which are identified as restricted.
NDN18 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.
NDN19 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.
NDN20 Disclaimers.
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 Providerʼs liability for death or personal injury caused by its negligence.
NDN21 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.
NDN22 Indemnity.
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.
NDN23 Other.
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.
NDN24 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.
NDN25 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.
NDN26 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.
NDN27 General.
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.
No third party may enforce the terms of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
NDN28 Termination
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” has terminated; or (9) our agreement terminates with a third party device or platform owner with whom you have contracted to access the Services.
Your subscription or registration will commence at the time and date on which your registration or subscription is concluded and will continue unless we terminate it, or you cancel it in accordance with the Subscription Package Terms and Conditions. If you are a Website Member who has been notified by us that you are entitled to access the Website and the Services by virtue of your subscription to another product or service offered by or on behalf of Premier Publications then before accessing the Websites for the first time you must activate your nextdaynews.org registration first.
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.
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.
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.
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.
NDN29 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: info@nextdaynews.org with any questions regarding this Agreement.
NDN30 SUMMARY OF HOUSE RULES
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 all our users, including readers, contributors and advertisers. 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 user 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.
We ask that you do not post any content that breaches the Providerʼs terms of use agreement for the Website (the “Agreement”), including by way of example content that: - 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 Userʼs 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 Premier Publications;
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 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.
NDN31 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 Userʼs contribution, make sure you state why you think it breached our Agreement or House Rules. Disagreement with someoneʼs 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 childʼs 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 canʼt always tell for sure if a picture is that of a minor and, when in doubt, weʼd rather err on the side of caution.
NDN32 INTERNATIONAL USERS:
should further note: By using this Site You represent that You have read and understand these Terms and Conditions of Use and agree to be bound by them. If You do not wish to bind Yourself to these Terms of Use, do not access or use this Site or access any materials from this Site. The Provider reserves the right, at its sole discretion, to modify these Terms of Use at any time, such modification effective immediately upon posting.
NDN33 Parties
These Terms of Use are binding obligations of You. "You" means either: (a) the individual user of this Site ("User"), or (b) if User is acting on behalf of Userʼs employer, client or another third party (such employer, client or third party, a "Principal"), then such Principal. If User is using this Site on behalf of a Principal, then (a) User represents and warrants that User has the authority to bind, and has bound, such Principal to these License Terms; and (b) User agrees to be jointly and severally liable for any breach of these License Terms by Principal.
NDN34 Intellectual Property
This Site is owned and operated by Premier Publications and/or its affiliates. All of the content elements displayed and/or downloadable on this Site, including photographic images, graphic images, text, captions, audio-visual files, digital files and software (collectively, the "Content"), and all of the features of this Site, including this Site's designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from this Site (together with the Content, collectively, the "Site Elements") is the exclusive property of the Provider or its licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. Any Content downloaded by You (whether or not such download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of the Provider and/or its licensors. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted by the Provider.
For the protection of the Provider and its licensors, Content may use electronic measures to protect this Site and this Site Elements. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.
NDN35 Site Access and Accounts
This Site and Site Elements are intended solely for nextdaynews.org users. You may not use this Site or any Site Elements for any purpose not related to Your business with the Provider. Any and all access to this Site is provided to You at the Provider's sole discretion. The Provider may immediately terminate, limit or restrict Your and/or Principalsʼ access to this Site and/or any Site Element for any or no reason. You agree that the Provider shall not be liable to You or any third party for any termination of Your access to this Site.
You may not (i) deep link or employ software or any automatic device, technology or algorithm, to "crawl", "scrape", search or monitor this Site and/or retrieve or copy Content or related information; (ii) violate the mechanical restrictions of this Site, or bypass other measures employed to prevent or limit access to this Site or Site Elements by hacking or other means; (iii) copy, redirect, or exploit this Site or any Site Elements; (iv) probe, scan, or test the vulnerability of this Site or of the network supporting this Site, or seek information on visitors to this Site or personal information of the Providerʼs customers; (v) use or upload to this Site any device, software or routine that would interfere with the proper functioning of this Site, or any transaction conducted via this Site; (vi) copy, modify, or display the Providerʼs name, logo, trademarks or service marks, text, or graphic images in any way, or include the Providerʼs names or trademarks or service marks or any employee's name, or any variation of any of the foregoing, as a meta-tag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement; (vii) use devices (including software) that are designed to provide repeated automated access to this Site, other than those made generally available by the Provider, or probe, scan, or test the vulnerability of any system or network related in any way to this Site, without proper authorization from or by the Provider; (viii) engage in any unlawful or illegal activities in connection with the use of this Site; or (ix) frame this Site or Site Elements using "framing" or any other technology or process which allows a page from a different Internet URL to call a page containing the Images and to display the Images within the calling page.
NDN36 Jurisdictional Access: to this Site is not being offered to any person in any jurisdiction where such offering would be illegal or unlawful. The Provider controls and operates this Site from its offices within the UK. The Provider does not claim that this Site and/or any Site Elements are appropriate or available for use in locations other than the UK. If You choose to access this Site from other locations, You do so at Your own initiative and will be solely responsible for compliance with any applicable local laws.
The Provider reserves the right to monitor any and all use of this Site. If the Provider, in its sole discretion, has reason to believe or suspects that You have been using this Site or any Site Elements in violation of these Terms and conditions of Use, the Provider may demand that You execute an affidavit that Your use has been and is compliant with these Terms and conditions of Use.
NDN37 Account Registration
If You elect to register for an account on this Site, You will be required to submit certain information. In furnishing such information, You hereby represent and warrant that such information is complete and accurate. If You are registering on behalf of a Principal, You shall identify such Principal in Your registration application. Additionally, You hereby represent and warrant that You are authorized to provide such information and to register on such Principal's behalf. Minors and children (persons under the age of 18) are not eligible to use this Site or register for an account or submit any personal information. By using this Site unsupervised, and/or registering for an account, You warrant that You are 18 years of age or older. The Provider reserves sole discretion over whether to grant an account, and You agree to access the authorized sections of this Site and Your account only by using the account number and password supplied to You directly by the Provider.
You are solely responsible for (i) maintaining the confidentiality of any account information, user names, access permissions, and passwords that are provided by nextdaynews.org to access this Site or any product or service available through this Site, and (ii) all activities occurring under Your accounts, user names, or passwords. You agree to take all commercially reasonable efforts to prevent others from obtaining Your account information. You shall notify the Provider of any unauthorized access or need to update or remove access for any of Your employees or agents. If You become aware of any suspicious or unauthorized conduct concerning an account, You shall contact the Provider immediately. You shall be liable for payment for all Content contributed by others using Your account, with or without Your permission or knowledge prior to the time that You notify the Provider of any unauthorized use. The Provider shall not be liable for any loss or damage arising from Your failure to follow these obligations.
NDN38 Disclaimers and Limitations on Liability THE SITE AND THE SITE ELEMENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, nextdaynews.org EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SITE ELEMENTS AND ANY OTHER PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (2) OF NON-INFRINGEMENT AND TITLE; (3) THAT ANY USE OF THE SITE WILL BE FREE FROM ANY INTERRUPTIONS, DELAYS, INACCURACIES, SERVER DOWN-TIME, ERRORS OR OMISSIONS; (4) THAT THE SITE WILL BE SECURE, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; (5) THAT THE SITE AND/OR THE SITE ELEMENTS WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS; AND (6) THAT INFORMATION, DATA OR MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.
UNDER NO CIRCUMSTANCES SHALL nextdaynews.org OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SITE ELEMENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIRS ARISING FROM USE OF THE SITE.
Your access to this Site or any Site Element is done at Your own risk. You shall be solely responsible for any damage to Your computer systems or loss of data that results from the accessing of any Site Elements. The Provider shall not be responsible or liable for any damage caused by theft, unauthorized access to Your account, systems failure, communications line failure or other occurrences beyond the control of The Provider.
Although The Provider endeavors to ensure the accuracy, completeness and reliability of the website authored Content, the Provider disclaims all representations and warranties concerning the accuracy, completeness and/or reliability of the Content or any data or metadata appurtenant thereof. You assume all risk and responsibility relying on such information. The Provider also disclaims any responsibility for the accuracy, completeness and/or reliability of any search feature provided by this Site and/or any search results.
This Site may from time to time contain links or pointers to Internet sites maintained by third parties. These links do not imply endorsement by the Provider of the products or services offered by such third party Internet sites. The Provider does not operate or control in any way any information, products or services on these third-party sites and the Provider expressly disclaims any responsibility for such third party sites, which are provided for Your convenience on an "as is" basis without warranties of any kind, express or implied. You hereby waive any and all claims against nextdaynews.org regarding the inclusion of links to outside Internet or the use thereof.
NDN39 Potentially Offensive Material
This Site contains an extensive archive of independent authored material. Accordingly, certain Content may describe or depict persons, institutions or events that reflect social attitudes, beliefs and circumstances of a particular place and/or time that may be viewed as insensitive, offensive or inappropriate by You, or the community in or to which You intend to publish, transmit, display or broadcast such Content. Nextdaynews.org shall not be liable or responsible to You, or any other person or entity with respect to such Content.
NDN40 Indemnification
You hereby agree to indemnify, defend and hold harmless the Provider and its officers, directors, employees, agents and representatives from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys' fees and costs, arising out of or in any way connected with its access to Your use of this Site or any Site Elements in violation or breach or alleged violation or breach of these Terms and Conditions of Use, Your violation, alleged violation or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary rights of a third party (including defamation, libel, violation of privacy or publicity) or any other applicable laws or regulations. Should You breach these Terms of Use, You will be required to pay all of the Provider's costs and expenses incurred in connection with the enforcement of these Terms of Use, including Provider's attorneys' fees, costs and disbursements.
NDN41 Severability
If any provision of these Terms and Conditions of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions of Use and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.
NDN42 Interpretation
The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The word "will" shall be construed to have the same meaning and effect as the word "shall". The word “or” shall be construed to have the same meaning and effect as "and/or". The words "herein", "hereof" and "hereunder", and words of similar import, shall be construed to refer to these Terms of Use. The headings used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.
