Terms and Conditions
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.
1. About Us
1. This site is operated by Daily Mail On-Air, LLC, a California limited liability company.
1. Using our Site
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.
1. 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 license to re publish any part of the Site (or any Content), please email us at [email protected]
1. You may only play video or audio files using the media player on our Site.
1. 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.
1. You must not use all or any part of our Site or the contents on it for commercial purposes without our permission.
1. Users, whether or not registered, must not abuse our Report Abuse facility e.g. by making malicious reports.
1. You may use and display on your website or social networking profile page content on our Site where an embed code is provided (the “Embeddable Content”) subject to these Terms and on the following conditions:
1. Any use of the Embeddable Content must be for personal, non-commercial purposes. You may not charge users of your website for access to the Embeddable Content, use the Content as means to secure advertising, or commercialize the Embeddable Content in any other way.
1. All intellectual property rights in and to the Embeddable Content, embed code and the embeddable player shall remain the property of us and/or our licensors.
1. The Embeddable Content cannot be used on any websites that:
1. contain unlawful text or images; or
1. contain pornography or sexually explicit content; or
1. contain gratuitous violence; or
1. condone or encourage unlawful acts.
1. You may only use the Embeddable Content where Your Site:
1. complies with all applicable data protection and privacy laws, codes of practice and the self-regulatory principles for online behavioral advertising; and
1. We grant you a non-exclusive, non-transferable license to use the embeddable computer code to display on Your Site the Content.
1. You may not copy, re-publish, edit, alter, add to or use the embed code or embeddable player in any other way.
1. All title, ownership rights and intellectual property rights in and to the Embeddable Content, the embed code and the embeddable player shall remain our property of the property of our licensors.
1. You may not directly or indirectly suggest any endorsement or approval by us of your site or any entity, product or content or any views expressed within your site without our prior written approval.
1. You may not use the Embeddable Content in any way that could bring us into disrepute or otherwise cause any loss or damage to us.
1. The Embeddable Content is made available by us on an “as is” and “as available” basis and We give no warranty of any kind in relation to the Embeddable Content, embed code or the embeddable player, including warranties related to non-infringement of third party rights. We disclaim all implied and statutory warranties to the maximum extent permitted by law.
1. You hereby agree to reimburse Us in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of these Embedding Terms or otherwise in connection with your use of the Embeddable Content and/or the embeddable code and player.
1. You must be 16 years old or older to register and submit material (e.g. comments) to the Site.
1. Only one registration per person is allowed. You must keep your registration information up to date.
1. 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.
1. You must not:
1. impersonate or try to impersonate another person;
1. disclose your password to anyone else;
1. allow anyone else use your account;
1. use anyone else’s account.
1. 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: [email protected]
1. Your content – what we are allowed to do
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.
1. 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 license 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 license. The license is capable of sub-license by us to other entities and brands in our group of companies.
1. 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;
? 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.
1. Your content – what you are not allowed to do
1. You must not submit any material to our Site that:
1. defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist,
2. indecent, obscene or of a sexual nature,
3. a breach of confidentiality or someone’s privacy;
1. could prejudice any active legal proceedings of which you are aware;
1. is likely to:
1. cause someone alarm, anxiety or distress;
2. encourage violence or racial or religious hatred;
1. infringes any intellectual property rights, such as copyright and trade marks. 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;
1. 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);
1. advertises any product or services;
1. impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
1. is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
1. You must not include links on the Site to any websites or webpages.
1. You must not try to get around any protections we put in place for the security and operation of the Site.
1. You must not re-submit content which you are aware has been removed.
1. Suspending or terminating your registration
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 someone has reported abuse. However, we are not limited to just these considerations.
1. 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.
1. Sponsored content, third party content and links available on this Site
1. Where you see the label “Sponsored Content” on an article on this Site it means that our Publisher/Editor retains editorial control and sign off of the article. Where you see the label “Advertorial” these are also written by our journalists but control and final sign off lies with the advertiser.
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.
1. 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, please contact us on [email protected]
1. Your personal information
1. Our liability
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 judgement 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.
1. Except for liability for fraudulent misrepresentation, we are not liable for:
1. 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;
1. any dealings you have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site;
1. 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; and
1. any loss or damage which you may suffer as a result of or connected to your use of the embed code, player or the Embeddable Content.
1. 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.
1. The Site relies in part on software to work. Software has bugs. While 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.
1. Maintenance of the Site
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.
1. 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.
1. Validity of these Terms
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.
1. Jurisdiction and Arbitration
1. These Terms are governed by California law. Any and all claims or disputes related to, in connection with, or arising out of, in any way, whether directly or indirectly, this release or the Show will be resolved solely through a confidential, private, and binding arbitration under the rules of JAMS. All claims shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the dispute. The parties waive their rights to a jury trial and to appeal. The parties each waive the right to seek any consequential, indirect, incidental, and punitive damages and the arbitrator shall have no authority to award such damages. The sole remedy of each party in the event of any breach hereunder shall be a demand for arbitration seeking the recovery of monetary damages actually suffered. The arbitrability of this provision shall be solely determined by JAMS. In the event that any party seeks relief under this release in any venue other than through JAMS (including, but not limited to, federal or state court), other than as otherwise expressly set forth herein, then the complaining party shall pay all of the costs, fees (including attorneys’ fees), and expenses of the responding party, including, but not limited to, any related to responding party filing a demand for arbitration in relation to complaining party’s breach of this section of this release. The parties also agree to look solely to the parties to this release to satisfy any debt or obligation hereunder, and further waive any and all claims each party may have against the other party’s shareholders, officers, directors, members, managers, representatives, employees, agents, affiliates, subsidiaries, parent entities, and the family members of any of the above.
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