Terms and conditions
TERMS & CONDITIONS
The Forester Terms and Conditions
Last updated: 16th November 2017
www.theforester.co.uk is a trading entity within Tindle Newspapers Ltd.. Tindle Newspapers Ltd. is a wholly-owned subsidiary of Tindle Newspapers Ltd, The Old Courthouse, Union Road, Farnham, Surrey, GU9 7PT. For the purposes of this policy, references to www.theforester.co.uk are deemed to include all newspapers, web sites and any other media produced by www.theforester.co.uk. References to the www.theforester.co.uk web site are also deemed to include all other websites within the The Forester online portfolio.
Access to and use of ‘www.theforester.co.uk’ both within the UK and internationally is provided by Tindle Newspapers Ltd. (international users of the site may see some advertising on certain pages which is provided by Tindle Newspapers Ltd. on the following terms:
1. By using www.theforester.co.uk you agree to be bound by these terms, which shall take effect immediately on your first use of www.theforester.co.uk. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to www.theforester.co.uk.
2. Tindle Newspapers Ltd. may change these terms from time to time and so you should check these terms regularly. Your continued use of www.theforester.co.uk will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on www.theforester.co.uk (including house rules) then the latter shall prevail.
Use of www.theforester.co.uk
3. You agree to use www.theforester.co.uk only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of www.theforester.co.uk. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within www.theforester.co.uk.
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on www.theforester.co.uk and all content (including all applications) located on the site shall remain vested in Tindle Newspapers Ltd. or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use www.theforester.co.uk content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any www.theforester.co.uk content except for your own personal, non-commercial use. Any other use of www.theforester.co.uk content requires the prior written permission of Tindle Newspapers Ltd.
5. The names, images and logos identifying Tindle Newspapers Ltd. or third parties and their products and services are subject to copyright, design rights and trade marks of Tindle Newspapers Ltd. and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Tindle Newspapers Ltd. or any other third party.
Contributions to Tindle Newspapers Ltd.
6. By sharing any contribution (including any text, photographs, graphics, video or audio) with Tindle Newspapers Ltd. you are granting Tindle Newspapers Ltd an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, whether now known or invented subsequently. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on any Tindle Newspapers Ltd site. You acknowledge that the technical processing and transmission of the Tindle Newspapers Ltd site may involve changes to content to conform and adapt to technical requirements of networks or devices. We assume no responsibility for the deletion of postings or failure to store postings.
7. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
8. In order that Tindle Newspapers Ltd. can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Tindle Newspapers Ltd. permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
10. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with Tindle Newspapers Ltd..
11. If you do not want to grant Tindle Newspapers Ltd. the permission set out above on these terms, please do not submit or share your contribution to or with www.theforester.co.uk.
12. If you have any questions about contributing content to Tindle Newspapers Ltd., please email us using the Contact Us section of the site.
14. You agree to use www.theforester.co.uk communities (including message and comment boards) in accordance with the following Community Rules. These apply across all www.theforester.co.uk community sites and services. You should, however, read any local house rules of the particular site or service you are using, as there may be some local variations to these Community Rules.
(i) About your posts:
- Contributions must be civil and tasteful.
- No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- Be patient: users of all ages and abilities may be taking part in the relevant www.theforester.co.uk community.
- No spamming or off-topic material: we do not allow the submission of the same or very similar contributions many times. Please do not re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
- No advertising or promoting.
- No spoilers: material which contains plot developments which have not been transmitted on UK television will be deleted unless submitted in a designated ‘spoilers’ area or marked as a spoiler’.
- Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
- No impersonation.
- No inappropriate (e.g. vulgar, offensive etc) user names.
- URLs (web site addresses) can only be posted if allowed under any relevant local house rules.
- Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
(ii) Your Access:
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts to limit access.
Wherever requested, you must register with a valid personal email address that you access regularly so that verification emails can be sent to you as relevant. Access registered with someone else’s email address, or with temporary email addresses, may be closed without notice. We may require users to re-validate their data if we believe they have been using an invalid email address.
Tindle Newspapers Ltd. reserves the right to remove access if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple site accounts, or if a non UK user pretends to be a UK user, or disrupts any of our services in any way.
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any Tindle Newspapers Ltd. community.
(iv) Legal requirements:
- You may not submit or share any defamatory or illegal material of any nature in www.theforester.co.uk communities. This includes text, graphics, video, programs or audio.
- Contributing material to a www.theforester.co.uk community with the intention of committing or promoting an illegal act is strictly prohibited.
- You agree to submit to or share with www.theforester.co.uk communities only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of Tindle Newspapers Ltd. or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
(v) If you are under 16:
- Please get a parent’s or guardian’s permission before taking part in any www.theforester.co.uk community.
- Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
(vi) If you breach these Community Rules:
If you fail to abide by these Community Rules (and/or any variations in relevant local house rules) when taking part in a www.theforester.co.uk community, your contribution may be refused or edited.
If you submit or share offensive or inappropriate content to or with any www.theforester.co.uk communities or anywhere else on www.theforester.co.uk or otherwise engage in any disruptive behaviour on www.theforester.co.uk, and Tindle Newspapers Ltd. considers such behaviour to be serious and/or repeated, Tindle Newspapers Ltd. may use whatever information that is available to it about you to stop any further such infringements.
Tindle Newspapers Ltd. reserves the right to delete any contribution, at any time, for any reason.
Disclaimers and Limitation of Liability
15. The majority of content posted in www.theforester.co.uk communities is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Tindle Newspapers Ltd.. Tindle Newspapers Ltd. is not responsible for any content posted by members of the public on www.theforester.co.uk or for the availability or content of any third party sites that are accessible through www.theforester.co.uk. Any links to third party websites from www.theforester.co.uk do not amount to any endorsement of that site by Tindle Newspapers Ltd. and any use of that site by you is at your own risk.
16. www.theforester.co.uk content, including the information, names, images, pictures, logos and icons regarding or relating to Tindle Newspapers Ltd., its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, Tindle Newspapers Ltd. excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Tindle Newspapers Ltd. does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by Tindle Newspapers Ltd. is correct at the time of publication no responsibility is accepted by or on behalf of Tindle Newspapers Ltd. for any errors, omissions or inaccurate content on the website.
17. Tindle Newspapers Ltd. shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of www.theforester.co.uk regardless of the form of action.
18. Tindle Newspapers Ltd. does not warrant that functions available on www.theforester.co.uk will be uninterrupted or error free, that defects will be corrected, or that www.theforester.co.uk or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
19. (i) The Publisher (Tindle Newspapers Ltd.) works with a third party for Ad delivery (i.e the application service provider); (ii) the non personally identifiable information collected about the consumer’s visit to the Target Sites and other web sites may be used in order to provide advertisements about goods and services of interest to the consumer and (iii) the consumer has the option not to participate (included with a link to the application service provider’s cookie opt out page). The application service provider shall provide suggested language for such disclosure at the Publisher’s request.
Rules and Regulations of competition entry
20. No employees of The Forester or associated company or any company associated with a particular competition, promotion, or game, or any member of their close family may enter.
21. Unless otherwise specified, all entries must be made using the entry form(s) in the paper or on the website. No photocopies will be accepted.
22. Prizes are as stated and no alternatives, cash or otherwise, are available.
23. All entries must be received by the closing date as published in the paper or on the website.
24. The Forester accepts no liability for any loss, damage or injury caused by any prizes won.
25. Publicity may be given to any competition winners and/or entrants and their names and/or photographs printed in the paper or displayed on the website.
26. The determination and decision of the editor on all matters will be final and no correspondence will be entered into. The editor reserves the right in absolute discretion to disqualify any entry competitors, or nominee, add to, or write any rules, or to cancel the whole or part of any competition, game or promotion at any stage without prior notification.
27. In the event of more than one correct entry being received the editor’s decision on the tiebreaker questions will decide the winner(s) of any competition, game or promotion.
28. Where The Forester offers prizes on behalf of an associated company the company cannot be held responsible for any failure to provide prizes as specified and all enquiries in reference to such prizes will be referred to the associated companies.
29. Any closing date for entries and/or rules of play which are published as part of any competition, promotion or game form part of the rules for entry of that competition, promotion or game.
30. No purchase/payment is required unless stated.
31. Additional rules and restrictions may apply for different types of competitions or reader offers. Please see individual competitions and readers’ offers published or on the website.
32. Tindle Newspapers Ltd will not be held liable for any loss incurred as a result of failure to publish on any or all of the websites on which an advertisement is due to appear, however caused. Orders for insertion of advertisements published by The Forester series are accepted subject to the standard conditions agreed between News Media UK and the Institute of Practitioners in Advertising save that:
All advertisements are accepted by Tindle Newspapers Ltd on the express condition that the Advertiser guarantees his advertisement does not contravene the provisions of the Trade Descriptions Act 1968 or the Business Advertisements (Disclosure) Order, 1977.
Advertisers are reminded that advertisements submitted for publication should not contravene the Equality Act 2010, by indicating an intention to discriminate between the sexes. Where an exemption is considered, a statement giving details of the grounds on which the exemption is based must be offered to the Publishers.
The Proprietors reserve the right to decline any copy which they consider unsuitable or contrary to these Terms whether an order has been accepted or not.
Every care is taken to ensure prompt posting of all advertisements but guarantee of posting cannot be given. No responsibility can be accepted for the omission of one or more series of advertisements, however caused, or for the loss or delay in Box Number replies. Artwork will be stored for a period of 6 months after use. In the event of any error, or omission in an advertisement or part of an advertisement the publisher will either re-insert the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, or omission does not materially detract from the advertisement.
In no circumstances shall the total liability of the publisher for any error, misprint or omission exceed (a) the amount of a full refund of any price paid to the publisher for the advertisement in connection with which liability arose or (b) the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
It is the responsibility of the Advertiser to notify Tindle Newspapers Ltd of any error immediately it appears.
Tindle Newspapers Ltd reserve the right to make any alterations to an advertisement to ensure its conformity with their newspapers’ standards.
Rates are subject to revision and the right is reserved to vary contract terms and conditions. The placing of an order for the posting of an advertisement shall amount to an acceptance of the above condition and any condition stipulated on an agency’s order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.
The The Forester series reserve the right to refuse any application for an advertisement or any advertisement on such grounds as they think fit.
Whilst every reasonable care is taken when displaying advertisements, we cannot be responsible for the quality of the advertisement if the advertisement copy, supplied by the customer, has not been compiled using the correct specifications for the website.
Complete copies of our conditions are available on request.
33. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
34. The failure or delay of Tindle Newspapers Ltd. to exercise or enforce any right in these terms does not waive Tindle Newspapers Ltd.’s right to enforce that right.
35. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.