Terms of Use

Terms of Use Welcome to ESSEX MAG’s digital products and services (together the “Services”). These Terms of Use apply whether you have joined ESSEX MAG or are just visiting. THESE TERMS OF USE ARE IMPORTANT FOR YOU AND FOR US. THEY EXPLAIN: • your rights and responsibilities • our responsibilities to you • how we expect you to interact with our Services and with other users By using our Services, you are understood to have read our Terms of Use and accepted that they apply whether you have joined or are visiting ESSEX MAG’s Services. They will change from time to time, so please take a fresh look every so often. Where any additional terms apply, they will be highlighted to you. 1) Who delivers the Services to me? We are ESTV MAG Limited, a company registered in England. You can contact us by post on Essex TV, Kemp House, 152 City Road, London, EC1V 2NX or by email on [email protected] 2) What are the Services? The Services are our website? www.essexmagazine.co.uk ; our ESSEX MAG Player (carrying both (i) live simultaneous online transmissions of our television broadcast services; (ii) our catch-up services and (iii) certain ESSEX MAG archive programmes) and our newsletters. These Terms of Use apply regardless of the device or platform you use to access our Services. Please note that not all Services or features may be available across every platform or device. We aim to provide constant and uninterrupted access to the Services, but we do not take responsibility for issues outside our control, such as internet or connection issues. Specifically we do not guarantee: • the availability of the Services on each and every device or platform all of the time • that any technical issues that arise can be resolved quickly • that the Services are error, virus or bug free 3) What do we mean when we refer to “Content” on the Services? Content can be programmes, video, audio, text, images, either owned by us or licensed to us to use. 4) Whose Content is it? All copyright, trademarks and other intellectual property rights in the Content belong to us or our licensors. The Content is protected by various intellectual property rights, such as copyright and trade mark laws. You may not reproduce or distribute any Content except as provided below. You may only use the Content for your personal, non-commercial use. However, provided they are credited to ESSEX MAG, you may publish short excerpts or summaries of a published article accompanied by a hyperlink which takes the reader to the whole article on our Services. Your use of the Content must not (in our sole opinion) bring, or be likely to bring, ESSEX MAG into disrepute, or otherwise cause any loss or damage to ESSEX MAG. Content on our Services may contain statements and opinions which are not our own, and with which we do not necessarily agree. We do not guarantee the accuracy or completeness of all the Content. 5) Accessing our Services Here are the ways to access our Services. 1. Visit our web-site at www.essexmagazine.co.uk 2. Subscribe to e-newsletters 3. Enter a competition If you join our Services, you will be opening an ESSEX MAG account, and you will be asked to enter your email address and a password (“Log-in details”). You should keep your Log-in details confidential. Do not allow anyone else to use them. You are responsible for all activity that occurs under your Log-in details. For e-newsletters around our online news service, at a minimum, you need to provide your email address. You must be 16 or over to join and open an ESSEX MAG account, or to subscribe to any newsletter. You must provide a current email address and accurate personal details. You must not abuse any functionality of the Services, or other users, nor pass yourself off as another user. ESSEX MAG may require you to provide evidence to verify that your personal details are correct and that you are using our Services in accordance with our Terms of Use. All information that you provide to us will be held and processed in accordance with our Privacy Policy. 6) What I should know about using the ESSEX MAG Player? Geo-restrictions We apply “geo-blocking” measures to prevent access to some Content in cases where rights restrictions apply. You agree not to circumvent any geo-blocking measures or to access, or attempt to access, such Content if you are located in areas to which we have prevented access. Programme Suitability and Parental Controls Some of the Content available on the ESSEX MAG Player video on-demand service may contain material unsuitable for under 18s, or may be of a sensitive nature. We use different systems to identify such material. • Where it is unsuitable for under 16s, we endeavour to identify it by flagging a symbol “G” (for guidance) • Where is it unsuitable for under 18s (or of a sensitive nature, generally) we provide guidance notes We have built parental controls into the ESSEX MAG Player. It’s up to you to set the parental controls if any children have access to your device. Once set, they will prevent the viewing of Content labelled with a “G” symbol from that device unless a 4 figure PIN is entered. “Catch Up” and archive Content is not live Catch up and archive Content available on the ESSEX MAG Player is not live. Therefore, please do not respond to any invitation to enter any competition, phone-in, vote, quiz or any other interaction, as the time for the interaction may have come to an end. If you do so, you may still be charged, and your entry/contribution may be too late, and not included, or considered. Removal/Amendment Please note that we may amend/remove Content available on our ESSEX MAG Player at any time without notice. 7) How may I use the Services? You agree to use the Services only for non-commercial, lawful purposes, and in a manner that does not infringe the rights of third parties, or restrict or inhibit the use and enjoyment of the Services by any other user. Specifically, you agree you shall not: • de-compile, reverse engineer, reproduce, copy, distribute, license or sell the Services and/or the Content (or any part of them) in any way, other than as expressly permitted in these Terms of Use. • use the Services for the transmission of any spam or computer viruses. • anything that brings (or in our opinion is likely to bring) ESSEX MAG into disrepute. • embed, upload, or make any of the Services or Content available via any third party platform, website or service without ESSEX MAG’s prior consent. • copy, reproduce or otherwise publish any of ESSEX MAG’s trademarks or logos. • frame our website on other websites without our express permission. 8) Interference with Content We may use technical measures for the security and protection of Content. You agree not to interfere with any such technical measures, or unlawfully access, or use, our servers, systems or Content, nor to attempt to do so. 9) Interacting with the Services ESSEX MAG may invite you to interact with us through our Services from time to time. When you do so, for example by submitting or uploading comments, photographs, videos, audio clips, graphics, text, designs or any other type of contribution to the Services (each a “Contribution”), you agree to comply with these Terms of Use and any additional terms that may be stated to apply in respect of any particular invitation to interact (“Specific Terms”). You (or those who have given you permission to use it) own any Contribution (including the intellectual property rights therein) that you submit and you may carry on using it. By submitting a Contribution, you are granting to us (and in this section “us” includes other companies within the ESSEX MAG group of companies) a worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence to use your Contribution on any media, platform or device (including on television) and to use, edit, prepare derivative works from and further distribute it across any media, platform or device throughout the world at any time, and to grant sub-licences. You also authorise ESSEX MAG to include some of your personal details together with your Contribution such as your name and location. For editorial and compliance reasons, we might need to alter your Contribution and you authorise us to do so on the understanding that ESSEX MAG will not alter it in any way that misrepresents it. You also confirm that: • You are the either the owner of your Contribution or that you have all the necessary licences, rights, consents and permissions to authorise us to use your Contribution. • You have obtained the consent of each person who appears in your Contribution to authorise us to use your Contribution. If any person under the age of 16 appears in your Contribution, you also confirm that you have the permission of such person’s parent or guardian. • Your Contribution will not infringe or contravene any rights of any third parties (e.g. their entitlement to privacy or confidentiality) or contain anything which is defamatory, obscene, offensive or unlawful. You will not transfer files which contain viruses or other technologically harmful material. If you submit a Contribution via a method which is available to the public, ESSEX MAG recommends that you do not disclose personal contact information such as your address or phone number. Please note that ESSEX MAG reserves the right to require you to provide evidence of your age and eligibility. If you see any Contribution on the Services that you believe is offensive, defamatory or which infringes copyright or privacy, please contact us without delay. In the case of comments, please raise a flag within the comment reporting system. Whilst not moderating or controlling Contributions posted on our Services, we reserve the right to suspend or delete without notice any material which: • we believe at our sole discretion to be detrimental to the enjoyment of the Services by any user; • breaches these Terms of Use and/or the House Rules; • is the subject of any copyright infringement notice; or • brings, or is likely to bring, ESSEX MAG into disrepute, or otherwise cause any loss or damage to ESSEX MAG. 10) Breach of Terms of Use We will determine, at our sole discretion, where there has been a breach of these Terms of Use. Where ESSEX MAG suspects that a breach has occurred, we may take such action as we deem appropriate which may include all, or any, of the following: • Immediate, temporary or permanent withdrawal of your right to use the Services • Immediate, temporary or permanent removal of any Contribution submitted by you • Issue of a warning to you • Commencement of legal proceedings against you • Disclosure of information to law enforcement authorities We exclude any liability for lawful actions taken by us in response to breaches of these Terms of Use and we reserve the right to seek compensation from you for any loss or damage we may suffer as a direct consequence of any breach by you of these Terms. If you breach any of these Terms of Use, and we choose not to take action against you, that does not necessarily mean that we will waive any subsequent breaches by you. In addition, if we do not exercise the entire remedy available to us, we may still do so at a later date. 11) Links to third party services You are solely responsible for evaluating the integrity of the operators of any third party websites accessed through the Services; the accuracy and completeness of any information contained on them; the value and authenticity of any goods or services offered through them, and their data collection and use policies. 13) Liability In no event shall we be liable for any claims, loss or damage, arising out of or in connection with your use of, or inability to use, the Services, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, or for loss arising from any errors or omissions in the Services, or in the Content. Nothing in these Terms of Use excludes or limits any liability which may not be excluded by any applicable law. 14) Law and Jurisdiction These Terms of Use shall be governed by and construed in accordance with Scots law. All disputes arising from them shall be submitted to the non-exclusive jurisdiction of the Scottish courts. Last updated: October 2016