User Terms & Conditions (Terms of Use)

DATED 2018-05-24 · VERSION 20180610_rev01 · COMPARED WITH 20180215_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20180215_rev01 to 20180610_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+## TERMS AND CONDITIONS
+## Terms & Conditions
+USER TERMS & CONDITIONS ("the agreement")
+**USER TERMS & CONDITIONS ("agreement").**
+Please read this agreement carefully. It sets out the terms under which MGN Ltd offers you use of its interactive services as defined in clause 1.1 of this agreement and this website ("the Site")." BY USING ANY OF THE INTERACTIVE SERVICES AND/OR THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE.
+Please read this agreement carefully. It sets out the terms under which we agree to make available any of our websites and apps, including e-editions ("the Site"), however you access it, to you.
+This agreement is made between you and MGN Ltd (registered number 2571173) whose registered office is One Canada Square, Canary Wharf, London E14 5AP ("MGN Ltd"). MGN Ltd's VAT number is 440 3567 67
+By using the Site, you confirm that you accept the terms of this agreement and that you agree to comply with them. If you do not agree to this agreement, you must not use the Site.
+\. Interactive Services
+The publisher of the Site (referred to in this agreement as "we" or "us") is a subsidiary of the publishing group Reach plc (company number 82548) which asserts copyright in the Site. Our address is One Canada Square, Canary Wharf, London, E14 5AP. Our VAT number is 440 3567 67.
+.1 MGN Ltd may make available to you chat areas, forums and/or other means by which communications, including User Generated Content, may be made available and/or disseminated publicly on the Site; shopping and other commercial and/or transactional services; advisory services; and/or competitions and/or prize draws (all together the "Interactive Services").
+To contact us, please see the [contact us](https://www.mirror.co.uk/contact-us/) page on this site.
+.2 The Interactive Services may be operated by third parties and where they are this will be made clear to you. Where such Interactive Services are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without MGN Ltd as a party and MGN Ltd cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
+We offer access to many features of the Site free of charge but due to the nature of the Internet, we do not promise full and error free operation of the Site at all times.
+\. Use of the Site and the Interactive Services
+**THERE ARE OTHER DOCUMENTS THAT ARE RELEVANT TO YOU**
+.1 The Site and the Interactive Services are for personal and non-commercial use only. You may download and print portions of the Site and/or the Interactive Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site and/or the Interactive Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Site and/or the Interactive Services, including User Generated Content (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of MGN Ltd is strictly prohibited. You also agree not to frame to the Site for any purpose, unless specifically authorised by MGN Ltd to do so.
+This agreement refers to the following additional terms, which also apply to your use of the Site:
+.2 You agree that you shall not use the Site or the Interactive Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, invasive of another's privacy, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm MGN Ltd's computer systems or any third party computer system; and
+- [Our Privacy Notice](https://www.mirror.co.uk/privacy-policy/)
+- [Our Cookie Notice](https://www.mirror.co.uk/cookie-policy/)
+.3 (a) You agree that you will not submit any material to the Site, including, without limitation, comments, reviews, ratings and material included on your Profile page ("User Generated Content"):
+**WE MAY MAKE CHANGES TO THESE TERMS**
+(i) that is in any way, threatening, abusive, offensive, defamatory, invasive of another's privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
+We amend these terms from time to time. These terms were most recently updated on 24th May 2018.
+(ii) in respect of which you do not have the necessary licences or approvals;
+**YOUR USE OF THE SITE**
+(iii) which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party anywhere in the world;
+The Site is for personal and non-commercial use only. You may download and print portions of the Site for your personal, non-commercial use only.
+(iv) which is or could be technically harmful;
+Any other use of materials on the Site, including any user generated content (including without limitation reproduction for a purpose (other than that noted above) and any modification, distribution or republication) without our prior written permission is strictly prohibited.
+(v) which is or may be deemed to be advertising or promotional materials including "spam" email;
+You agree not to frame the Site for any purpose, unless specifically authorised by us to do so.
+(vi) which makes excessive demands for bandwidth;
+You agree that you will not use the Site to submit, or knowingly or recklessly receive, any material including without limitation, comments and reviews that:
+(vii) which is inaccurate or misleading.
+- are in any way, obscene, threatening, abusive, offensive, defamatory, invasive of another's privacy, in breach of confidence, embarrassing to any person, likely to deceive, inaccurate, misleading, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
+- are in breach of any third party's intellectual property rights (including copyright) or other rights;
+- constitute or encourage conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice or give rise to civil liability or infringe the rights of any third party anywhere in the world;
+- are, or could be, technically harmful;
+- are, or may be deemed to be, advertising or promotional materials including "spam" email;
+- makes excessive demands for bandwidth; or
+- contains any virus or other malicious program or which may otherwise impair or harm our computer systems or any third party computer system.
+(b) You will not impersonate any person or entity when submitting User Generated Content or misrepresent any affiliation with any person or entity.
+You agree not to impersonate any person or entity or misrepresent any affiliation with any person or entity when creating an account on the Site or submitting any content to the Site.
+(c) You acknowledge that MGN Ltd has no obligation to monitor any User Generated Content but MGN Ltd has the sole discretion to modify or delete any such User Generated Content in its sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such User Generated Content anywhere in the world.
+You also agree not to attack the Site or access or attempt to access the accounts of other users or gain a greater level of access to the Site than authorised.
+(d) In the event that you are in breach of these Terms and Conditions and/or MGN Ltd's Standards for User Generated Content at any time, MGN Ltd may forthwith terminate any account that you have with it and you may not open another account with MGN Ltd and MGN Ltd reserves the right to terminate any such account. In the event that you continue to contravene these Terms and Conditions and/or the Standards for User Generated Content MGN Ltd reserves the right to contact your employer, school or college or your internet service provider.
+**OUR MONITORING OF THE SITE**
+(e) MGN Ltd will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of or any other information in relation to anyone who has submitted User Generated Content to MGN Ltd in breach or allegedly in breach of these Terms and Conditions and/or the Standards for User Generated Content. We may also disclose such information where we are advised by our lawyers that a court order would be granted requiring us to disclose it, even if no legal proceedings have been commenced in relation to the same.
+You acknowledge that we have no obligation to monitor any user generated content on the Site but in our sole discretion, we have the right to delete any such content and we may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated anywhere in the world in relation to any such content you may post.
+(f) The Site enables users of the Site to view the Profile pages of registered users and enables registered users with Profile pages to share personal data with other registered users who have Profile pages. You agree that you will only use other users' personal data published on the Site in accordance with the applicable laws and regulations (including, without limitation, data protection laws) and, without limitation to the other provisions of these Terms and Conditions, that you will only use other users' personal data for lawful purposes and as expressly permitted by such other user(s).
+In the event that you are in breach of the terms of this agreement, we will have the right to terminate any account that you have with the Site and you may not open another account on it or otherwise continue to use the Site.
+(g) You will not access or attempt to access the accounts of other users or penetrate or attempt to penetrate MGN Ltd's security measures.
+We will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of or any other information in relation to anyone who has submitted content to the Site in breach or allegedly in breach of this agreement or the law. In appropriate circumstances, we may also disclose such information to the police, your Internet service provider and any third party to whom we may make a disclosure in good faith.
+(h) You acknowledge that submitting any UGC to the Site does not guarantee that the UGC, or any part of it will appear on the Site. You cannot edit or remove UGC once you have submitted it to the Site. However, if you become aware of any inaccuracy in UGC submitted by you, please contact MGN Ltd at community@mirror.co.uk
+You acknowledge that submitting content to the Site does not guarantee that it will appear on the Site. You cannot edit or remove content once you have submitted it to the Site. However, if you would like make a complaint about specific user generated content on the Site, please see the [contact us](https://www.mirror.co.uk/contact-us/) page on this site.
+.4 If you publish any User Generated Content via the Interactive Services by way of contributions to chats, discussions or user reviews or comments or via your Profile page, you automatically and hereby grant to MGN Ltd a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such User Generated Content into any form, medium or technology now known or hereafter developed. In addition, as between you and MGN Ltd, you assert and waive any and all moral rights in such User Generated Content.
+**RIGHTS YOU ARE GIVING US IN CONTENT YOU UPLOAD**
+.5 The intellectual property in all design, text, graphics and other material (other than User Generated Content) and the selection or arrangement of such material in the Site and/or the Interactive Services is owned by MGN Ltd and/or its respective licensors.
+If you post or upload content to the Site, you grant us a perpetual, royalty free, irrevocable, non-exclusive right and licence to use, reproduce, publish, communicate to the public, translate, create derivative works from and distribute such content into any form, medium or technology now known or hereafter developed. In addition, you waive any and all moral rights in such content.
+.6 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site and/or the Interactive Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Sites, the Interactive Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services and/or the UGC has been so made available for guidance only. MGN Ltd has no responsibility or control over the contents of UGC which may not be accurate and MGN Ltd cannot be held liable for any contents of UGC or any consequences of you relying on it. Please be aware that any information and/or data in UGC provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any UGC.Your use of all and any information and/or data included in and/or on the Sites, the Interactive Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services and/or the UGC is therefore entirely at your own risk. All liability of MGN Ltd, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site and/or the Interactive Services is expressly excluded to the fullest extent permitted by law.
+**COMPETITIONS AND PRIZE DRAWS**
+.7 The Site and/or the Interactive Services may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and MGN Ltd is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
+By registering an account on the Site, you will have access to enter competitions and/or prize draws on the Site.
+Sometimes we include links to other websites; if you click on one and make a purchase of a product or service, we may receive a commission
+Competition and prize draws may be operated by third parties and where they are, this will be made clear to you and additional terms and conditions between that third party and you will apply.
+.8 The onus for ensuring that material presented on the Internet is legal rests with the original content provider, and MGN Ltd will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of these Terms and Conditions. Notwithstanding, MGN Ltd shall have the right to remove any items it believes may be illegal or otherwise in breach of these Terms and Conditions.
+Whether we or a third party operate the completion or prize draw, you will likely be dealing with other third parties directly as a result of it and as such any contracts and/or arrangements will be formed between you and them, without us as a party and we cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
+.9 MGN Ltd is the owner of:
+**DO NOT RELY ON INFORMATION ON THE SITE**
+(a) those trade mark(s) indicated as such throughout the Site from time to time; and
+The content on the Site is provided "as-is" and for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
+(b) all other trade marks used in the Site and/or the Interactive Service which are not licensed to it by any third party.
+We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date and we do not accept any responsibility for any of such content.
+All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
+**LINKS TO OTHER WEBSITES**
+.10 The provisions in clause 5 on Data Protection and Use of Personal Information apply in respect of your use of the Site and/or the Interactive Services.
+The Site may include links to the content, web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and we are not responsible for and do not give any warranties or make any representations regarding any such content, web sites and/or services.
+\. Availability and Security of the Site and the Interactive Service
+The onus for ensuring that content presented on the Internet is legal rests with the original content provider, and we will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of the terms of this agreement. Notwithstanding, we shall have the right to remove any items we believe may be illegal or otherwise in breach of the terms of this agreement.
+.1 Due to the nature of the Internet, MGN Ltd does not promise full and error free operation of the Site and/or the Interactive Services at all times. All liability of MGN Ltd, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Interactive Services is excluded, insofar as it is possible to do so in law.
+Sometimes we include links to other websites; if you click on one and make a purchase of a product or service, we may receive a commission.
+.2 MGN Ltd shall use reasonable endeavours to ensure that the Site, the Interactive Services and any information it holds on you are kept secure. However, due to the nature of the Internet, MGN Ltd cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that MGN Ltd is unable to exclude such liability by law).
+**OUR INTELLECTUAL PROPERTY AND TRADE MARKS**
+\. Registration
+The intellectual property in all design, text, graphics and other material (other than user generated content) and the selection or arrangement of such material on the Site is owned by us and/or our respective licensors.
+.1 Where you are asked to complete a MGN Ltd registration form the personal details that you provide must be true, accurate and complete.
+We are the owner of:
+.2 You will keep your password(s) relevant to the Site and/or the Interactive Services and/or UGC confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). We do not have the means to check the identities of people using the Site and will not be liable where your username and/or password(s) are used by someone else. You agree to notify MGN Ltd immediately by email to community@mirror.co.uk of any unauthorised use of your account of which You become aware.
+- those trade mark(s) indicated as such throughout the Site from time to time; and
+- all other trade marks used in the Site which are not licensed to us by any third party.
+.3 You will not create additional accounts for the purpose of abusing the functionality of the Site or other users or for any other reason in breach of these Terms and Conditions.
+All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
+.4 You can cancel your registration at any time by contacting community@mirror.co.uk .
+**YOUR ACCOUNT**
+\. Data Protection and Use of Personal Information
+Should you create a user account on the Site, the personal details that you provide must be true, accurate and complete.
+.1 Please see MGN Ltd's [Privacy Policy](https://www.mirror.co.uk/privacy-statement/) and [Cookie Policy](https://www.mirror.co.uk/cookie-policy/) for details of how personally identifiable information is collected and may be used or shared with third parties. The [Privacy Policy](https://www.mirror.co.uk/privacy-statement/) and [Cookie Policy](https://www.mirror.co.uk/cookie-policy/) are incorporated into and form part of this Agreement.
+You must keep your password(s) relevant to the Site confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). We do not have the means to check the identities of people using the Site and will not be liable where your username and/or password(s) are used by someone else. You agree to notify us immediately by email of any unauthorised use of your account of which you become aware. Please see the [contact us](https://www.mirror.co.uk/contact-us/) page on this site contact details.
+\. Payment
+You will not create additional accounts for the purpose of abusing the functionality of the Site or other users or for any other reason in breach of the terms of this agreement.
+The Site and the Interactive Services are currently made available without charge to you by MGN Ltd. However, you are responsible for all telephone charges necessary to access and use the Site and the Interactive Services which are made available.
+You can cancel your account at any time by emailing us. Please see the [contact us](https://www.mirror.co.uk/contact-us/) page on this site.
+\. Termination
+We shall use reasonable endeavours to ensure that the Site and any information it holds are kept secure. However, due to the nature of the Internet, we cannot accept any liability for those who intentionally attempt to and/ or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that we are unable to exclude such liability by law) and we do not warrant that the Site or any of its contents are free of viruses or malware .
+MGN Ltd may permanently terminate your access to the Interactive Services immediately for any reason.
+**HOW WE MAY USE YOUR PERSONAL INFORMATION AND COOKIES**
+\. Claims
+We will use your personal information as set out in our [Privacy Notice](https://www.mirror.co.uk/privacy-policy/)
+Where a claim is brought against MGN Ltd by a third party in relation to your use of the Site and/or the Interactive Services and/or any User Generated Content you agree to fully reimburse MGN Ltd and all companies within the MGN Ltd group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by MGN Ltd or companies within the MGN Ltd group in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Interactive Services and/or any User Generated Content which is included on the Site and/or the Interactive Services.
+We will use cookies as set our in our [Cookie Notice](https://www.mirror.co.uk/cookie-policy/)
+\. Force Majeure
+**CLAIMS MADE AGAINST US BY THIRD PARTIES**
+Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
+Where a claim is brought against us by a third party in relation to your use of the Site you agree to fully reimburse us and all companies within our group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by us or the companies within our group in or as a consequence of your breach of this agreement and your use of the Site which is included on the Site.
+\. Notices
+**WE ARE NOT LIABLE FOR THINGS BEYOND OUR CONTROL**
+Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
+We are not liable for things beyond our control, such as power failure and problems on the Internet.
+\. Assignment
+**OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU**
+.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without MGN Ltd's prior written consent.
+- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
+- We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it, to the extent that it is lawful to do so
+.2 MGN Ltd reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as MGN Ltd or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
+We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
+\. No Waiver
+- use of, or inability to use, the Site; or
+- use of or reliance on any content displayed on the Site.
+Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
+We will not be liable for:
+\. Variation of Terms
+- loss of profits, sales, business, or revenue;
+- business interruption;
+- loss of anticipated savings;
+- loss of business opportunity, goodwill or reputation; or
+- any indirect or consequential loss or damage.
+MGN Ltd reserves the right to vary this Agreement from time to time and such changes shall become effective as soon as they are posted. Your continued use of the Site constitutes your agreement to all such changes.
+If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill. Our only liability will be either to repair the damage or pay you equivalent compensation.
+\. Law and Jurisdiction
+If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
+Where the Site and/or the Interactive Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site and/or the Interactive Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.
+If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
+**THIS AGREEMENT IS PERSONAL TO YOU**
+This agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without our prior written consent.
+We reserve the right to assign or transfer all or any of its rights and obligations under this agreement to any companies in the same group as Reach plc or another third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
+**WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?**
+Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are resident of Scotland, you may also bring proceedings in Scotland and if you are a resident of the Republic of Ireland you may also bring proceedings in the Republic of Ireland.
+If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including, without limitation, this section dealing with governing law and jurisdiction, affects your rights as a consumer to rely on such mandatory provisions of local law.