In addition, the following additional terms may apply to your use of the Site and are deemed incorporated into these terms:
- our EULA for our applications for use on mobile devices (such as mobile phones, tablets and other devices)
- our terms and conditions for subscriptions
- our Community Guidelines and Acceptable Use Policy
- our Competition Rules
We reserve the right to change these terms and conditions from time to time by changing them on the Site and by continuing to use the Site you accept these changes and agree to be bound by them. These terms and conditions were last updated in December 2012.
Information about us
The Site is operated by DC Thomson & Company Limited trading as [‘The Evening Telegraph’] (we, us and our). We are a limited company registered in Scotland. Our registered company number is SC5830 and our registered office is at Courier Buildings, Albert Square, Dundee. Our VAT registration number is 927 167 212 .
Access to the Site
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and that it is compatible with the Site. It is also your responsibility to ensure that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
We cannot guarantee the uninterrupted or error-free operability of the Site. Access to the Site is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Site without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site at any time for any period.
This site is controlled and operated by us from the United Kingdom and is intended for United Kingdom residents and we make no representation that any material contained on this site is appropriate for any other jurisdiction.
Please refer to our Accessibility Statement for details of our current accessibility levels.
What you are allowed to do
Aside from our advertisers who may display their advertisements, you may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- store pages of the Site on a server or other storage device connected to a network or create an electronic database by (i) systematically downloading and storing all or any of the pages of the Site or (ii) by screen scraping, framing, caching, data extraction or programmatic access whether by robot, spider or otherwise or (iii) by printing pages of the Site in a systematic or regular manner so as to create a database in hard copy form;
- collect or harvest personally identifiable information from the Site;
- remove or change any legal notices or other content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
- use the Site to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- use the Site to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our site or circumvent, disable or otherwise interfere with our security-related features;
- reproduce, copy, distribute, publicly display or re-sell any part of the Site in contravention of these terms and conditions;
- create links to the Site from any other website, without our prior written consent;
- modify, translate, reverse engineer, decompile or disassemble the Site or parts of the Site or create derivative works from the Site;
- use the Site for any business, commercial or public purpose.
We reserve the right to withdraw any linking permission granted without notice. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our group companies and affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them and you must at, at our option, return or destroy any copies of the materials you have made in breach of these terms.
Intellectual property rights
We are the owner or licensee of all intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos).
Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights in the Site or its content.
You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements and cannot accept any liability for the same. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Your personal information
User generated content
The Site may, from time to time, make chat rooms, message boards, news groups and/or other public forums or methods of uploading user generated content including our Noticeboards (collectively “Forums”) available to its users.
We do not control the material submitted to Forums (collectively “Postings“). We do not screen, moderate or monitor any content either before or after it is posted or sent although we may use filtering tools from time to time to screen or suppress certain information or language. You acknowledge that all Postings express the views of their respective authors and not our views. Your content may be viewed by any user of the Site unless it is posted in a restricted members only area in which case only we and our members may view that content.
You should submit only content which belongs to you. You should never upload material that would violate the intellectual property or other rights of other people or organisations. Before posting or sending any content referring to or relating to any living person, you must obtain their explicit consent to be referred to on the Site and you warrant to us that you have done so prior to posting such material. If the living person is under 16 you must obtain the consent of their parent or guardian to this use.
By submitting your content or Postings, you give us and our group companies and our affiliated companies and third party service providers permission to use, copy, adapt, edit, translate, make available and transmit or otherwise communicate, display and publish such content (or any part of it) and to create any derivative works from it together with the ability to sub-licence the same whether we refer to your user name or not and to the extent permitted by law, you waive any moral rights you may have in your content (i.e. the right to be identified as author of or to object to derogatory treatment of such content). The grant of these rights to us is irrevocable, worldwide and royalty-free. This means that we can continue to publish, use and display that content even if you ask us to remove it or after your registration has ended. We can use all or part of your content in advertising and marketing materials for our products and we may edit the content as we wish. It is in our sole discretion whether or not we use your content. We can remove your content even if you have complied with our Community Guidelines and Acceptable Use Policy. If you do not agree to this, please do not submit any content to us. We may or may not use any user generated content provided to us.
Whenever you make use of a Forum, send us content or make contact with other users of the Site, you must comply with our community guidelines and acceptable use policy. You warrant that your contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Whilst we do not pre-screen Postings, we reserve the right, in our sole discretion, to delete any Posting submitted by you and/or to close any topic, at any time without notice to you.
Complaints about user generated content
Complaints about the content of any Posting must be sent to email@example.com and must contain details of the specific Posting giving rise to the complaint. Further details of our take down procedure are set out in our Community Guidelines and Acceptable Use Policy.
External links and banners
The Site may, from time to time, include links to external sites and banner advertising. We have included links to these sites to provide you with access to information and services that you may find useful or interesting but we do not accept responsibility for their content nor for their compliance with any laws and regulations. We have no control over the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. We accept no responsibility for these sites or any loss or damage that may arise from your use of them. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you (whether caused by tort or by breach of contract or otherwise) for loss of anticipated savings, data, wasted time, indirect or consequential losses, or for any loss of profit, revenue, contracts, goodwill or other similar losses whether directly or indirectly incurred.
Any software is downloaded at your own risk.
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to firstname.lastname@example.org, by telephone on 01382 223131 between the hours of 9am to 5pm, Monday to Friday or write to us at: DC Thomson & Co Ltd, 80 Kingsway East, Dundee, DD4 8SL.
Thank you for visiting our Site.
Last updated: December 2012 © DC Thomson & Company Limited 2012