THE-LATEST.COM – TERMS AND CONDITIONS OF USE

These terms and conditions govern your dealing with The-Latest Ltd that owns and operates the website The-Latest.com. References to the The-Latest.com are to be taken as a reference to The-Latest Ltd unless the context otherwise indicates.

These terms and conditions state the terms on which you are permitted to use the site, what your obligations to The Latest are, and what our obligations and exemptions from liability to you are. As we are a not-for-profit social enterprise, we claim the fullest exemptions permitted by law. As we aim to provide a citizen journalism service of the highest quality, we expect that material that you send to us for publication is the product of your own intellectual endeavours, inoffensive and free from defamatory content, and that you will strive to measure up at all times to the standards to be expected of reasonably competent junior journalists.

By clicking on the tick box and registering as a user of The-Latest.com, you have indicated that you have read the terms and conditions set out hereafter, that you are over the age of 18 and that you agree to these terms and conditions and any amendments and alterations that may from time-to-time be published on The-Latest.com.

Amendments from time to time
1.    The-Latest reserves the right to change these terms at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Any changes take effect on being posted or upon notification to you by other means such as, without limitation, an e-mail to subscribers.

Exclusion of liability
2.    Whilst The-Latest endeavours to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and The-Latest Ltd does not accept any liability for error or omission. You use The-Latest entirely at your own risk.

3.    In view of our limited resources, it is necessary that we are relieved of any liability that might otherwise accrue by reason of the contents of our website or any websites or webpages to which you are directed from The-Latest. In accessing the Latest, you agree therefore to hold us completely harmless and free from liability for loss and damage howsoever arising. The-Latest shall not be liable for any losses, whether direct, indirect, consequential, or any damages, whether general, special or exemplary damages or otherwise, suffered by you howsoever caused, whether as a result of breach of this agreement or negligence or negligent misstatement or breach of statutory duty or otherwise howsoever. The following particular examples do not detract from the generality of the foregoing exclusions and are provided so that this agreement can give day-to-day guidance.

4.    The-Latest intends to make this site available 24 hours a day, but it shall not be liable under any circumstances if for any reason this site is unavailable at any time or for any period. Access to this site may be suspended temporarily or permanently and without notice.

5.    The-Latest does not warrant that this site will be compatible with all hardware and software which you may use. Although we in our discretion may put in place security measures for your protection, we shall not be liable for any damage to, or viruses, trojan horses, worms or other malware that may cause loss to or otherwise affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of this site or any other site or page to which you are directed or your downloading of any material from this site or any site or page to which you are directed.

6.    The-Latest accepts no responsibility for hypertext links which do not exist. Links are provided for your convenience with no warranty, express or implied, for the information provided within them. In the event that a link is not live, you will use your best endeavours to notify The-Latest. No responsibility is taken for the content of the site to which links are made, and you agree to hold The-Latest harmless in respect of any loss or damage that may be sustained as a result of accessing any site to which a hypertext or other link is given, or from which you download any material as a result of clicking through to the site on a hypertext or other link. You agree that the views expressed on any website or page to which a link is made are not those of The-Latest.

Your indemnity
7.    You agree to indemnify The-Latest for any losses it suffers as a result of any breach by you of the terms of this agreement including, for the avoidance of doubt and without limitation, any defamatory content in any article, material or other posting created by you and any infringement of intellectual property rights in any article, material or other posting created by you. You further agree to indemnify The-Latest for any legal costs and fees and disbursements and expenses that The-Latest may incur in defending any claim, whether or not such claim is meritorious, that arise out of or in connection with any article, material or other posting (whether literary, photographic or visual or otherwise) created by you.

The agreed purposes for which you access The-Latest
8.    If there is any material on the website which you consider to be defamatory, offensive, an invasion of any individual’s privacy or otherwise to infringe any relevant national laws, and wish to notify someone or some entity of such contentions, you agree first and immediately, before making any other notification to any other person or entity, to notify The-Latest of the material which you consider to offend against any laws to permit The-Latest the opportunity to remove or modify such material, or to append clarificatory wording, as appropriate.

9.    If any material to which objection is taken relates to you or a person on whose behalf you are acting, then you agree that you or the person on whose behalf you act will be deemed to have consented to such material if you fail to notify The-Latest of your complaint and fail to give The-Latest a proper and reasonable opportunity to address it. Further, where the material relates to you, or a person on whose behalf you act, you and the people on whose behalf you act agree that any dispute about the contents of the The-Latest website will be referred in the first instance to mediation, that you will not institute any proceedings without having first exhausted all avenues of mediation and that you will not refer any matter to mediation without having first notified The-Latest of your complaint and given The-Latest a proper and reasonable opportunity to address it.

Copyright, Trade Marks and other intellectual property rights
10.    Unless otherwise stated, the copyright and any other rights in all artwork (save for advertiser artwork), pictures, images, graphics, text and materials (together "Materials") on this site and the design, layout, look and appearance of this site are owned by The-Latest.

Your licence to use The-Latest
11.    Your licence to use the site is limited, and, save as expressly permitted, you agree not to save, download, edit, copy, modify, licence, distribute or sell or hire, or offer for sale, distribution or rent or hire or display or publish or adapt any works, material, code or content from The-Latest or any works, material code or content derived from The-Latest.

12.    You are permitted to use and download any materials or extracts from this site, for personal use, subject to the following:

(a)    You may not use this site or any materials from the Latest for any commercial purpose without the Editor’s express prior written consent.

(b)    You must not in any way modify any materials, except as the Editor expressly permits.

(c)    The-Latest copyright notice or, where indicated, the notices of our contributors or advertisers must appear in all electronic copies of any materials from this site.

(d)    No part of this site or the materials on it may be reproduced in any form or media without our prior written permission.

13.    Any rights not expressly granted in these terms are reserved.

14.    You agree not to use any crawling program to mine The-Latest for information, or otherwise to access The-Latest repeatedly and systematically in any way howsoever for the purposes of directly or indirectly collating data or compiling a database or directory.

Warranties in respect of material submitted for publication
15.    You warrant that any article, photograph, video, comment piece, posting or other material submitted for publication or posted by you on The-Latest is your own original work that does not reproduce a substantial part of any prior work, and that other works which have been used for quotations or as inspiration are properly and fairly identified and credited in the body of the article, photograph, video, comment piece, posting or other material and that you will when you submit the article, photograph, video, comment piece, posting or other material for publication clearly identify to The Latest those aspects of the article, photograph, video, comment piece, posting or other material that have been inspired by or derived from other sources or prior works.

16.    You further warrant that any article, photograph, video, posting or material you submit for publication or post on any area of The-Latest website will be free from defamatory content, inoffensive and suitable for the eyes of a reasonable observer. You further warrant that the material, whether it be graphic, visual, written or photographic, does not infringe anyone’s privacy, breach any confidence or invade anyone’s rights as a data subject.

17.    The-Latest shall in its absolute discretion determine whether any article, photograph, video, comment piece, posting or material submitted for publication or posted by you complies with the foregoing provisions and shall, if it considers that there has been an infringement, be free to remove the material, article, photograph, video, comment piece, posting or other posting from The-Latest without recourse to you.

Permission to use material submitted to The-Latest
18.    You hereby irrevocably grant to The-Latest an exclusive royalty-free licence throughout the world under the copyright (and any related right of a similar nature wherever in the world it may subsist) in article, photograph, video, comment piece, posting or other material you submit to The-Latest for publication for a period of 12 months from the date of first publication of the article, photograph, video, comment piece, posting or other material in The-Latest to do any act of whatever nature that would be restricted by the copyright (or similar right) in the article, photograph, video, comment piece, posting or other material.

19.    You further hereby irrevocably grant to The-Latest a non-exclusive royalty-free licence throughout the world under the copyright (and any related right of a similar nature wherever in the world it may subsist) in the article, photograph, video, comment piece, posting or other material you submit for publication starting 12 months after first publication of the article, photograph, video, comment piece, posting for the remaining lifetime of the copyright or related right to publish the article or other material in any edition of The-Latest or in any archive and/or to publish the article, photograph, video, comment piece, posting or other material in any paper anthologies or collections of previous editions of The-Latest.

Syndication fees and royalties
20.    For the avoidance of doubt, during the period of exclusivity The-Latest may syndicate the article, photograph, video, comment piece, posting for publication in other publications, whether online or in hard copy form or in any media or form (whether pre-existing or to be developed), save that where any third party pays The-Latest for the right to exploit the copyright in the article, photograph, video, comment piece, posting, The-Latest shall pay 50% of its net receipts from the syndication of the article, photograph, video, comment piece, posting or other material to the contributor.

Waiver of moral rights
21.    You agree to waive your moral right to be identified as author of any article, photograph, video, comment piece, posting or material that you submit, and all other moral rights you may own including the right to object to derogatory treatment of any article, photograph, video, comment piece, posting or other work. However, in respect of any article, photograph, video, comment piece, posting or other material in respect of which, but for this provision, you would have been able to exercise any moral rights, The-Latest will take reasonable steps to comply with the procedure set forth in paragraphs 22 and 23 below.

22.    The-Latest will comply with any reasonable request by you to be credited where appropriate. The credit, where provided, may be in the discretion of The-Latest be placed wherever considered appropriate and not necessarily adjacent to your work. You agree that a failure to publish your name or other identifying mark shall not render The-Latest liable in damages and hereby relieve The-Latest from liability from breach of any of its obligations hereunder howsoever caused and hereby waive any claim to injunctive relief to restrain publication of the article or any adaptation thereof without any credit having been given. However, in the event of a failure by The-Latest to provide a credit which The-Latest agreed would be given for a specific article, photograph, video or other qualifying work, The-Latest agrees to take reasonable steps after notification of the omission is given to provide an appropriate credit in any online publication of the work on The-Latest.

23.    You agree that The-Latest may edit and adapt re-cut your work and use it for selected quotations rather than its entirety. You will not challenge The-Latest's editorial judgment in any corrections, adaptations, amendments or alterations that The-Latest may make to the article, photograph, video, comment piece or posting. However, so long as any objection is received within 7 days of first publication, The-Latest agrees to take reasonable steps to modify and alter the article, photograph, video, comment piece or posting to address objections submitted by you.

Privacy and disclosure of information
24.     The Latest is committed to protecting your privacy as a user of our website http://www.The-Latest.com and the confidentiality of any personal information that you may provide us with during your visit to our site.

25.    The-Latest abides by the Data Protection Act of 1998 (see http://www.dataprotection.gov.uk/) and complies with its provisions to ensure that any data you provide is treated accordingly. However, you agree not to pursue The-Latest for any financial claim in the event of any invasion of your rights of privacy or any violation of the provisions of the Data Protection Act or similar legislation and to restrict yourself to any non-monetary remedies. In the event of any alleged breach, you and the people on whose behalf you act agree that any dispute about the contents of the The-Latest website will be referred in the first instance to mediation, that you will not institute any proceedings without having first exhausted all avenues of mediation and that you will not refer any matter to mediation without having first notified The-Latest of your complaint and given The-Latest a proper and reasonable opportunity to address it.

26.    Your account information is held by The-Latest. This contains personal details about you and can only be viewed by that member and those who have administration privileges. You can edit the information contained about you in this section which includes history (date of joining the site), other contact details, personal information, buddylists and newsletters. If you wish for information to be deleted, send an e-mail to the Deputy Editor at contribsed@the-latest.com and the information will be deleted as soon as is reasonably practicable.

27.    In addition to information that you provide when you sign up to be a member, some information is gathered automatically by the web server, through the use of cookies. This is collected when you log onto our site and the information includes: (a) type of browser; (b) operating system; (c) IP address; (d) domain name. A cookie is a text-only string that is entered into the memory of your browser by our web server. The use of cookies enables our website to store information on your machine so that it can be retrieved at a later date. They also help us monitor the number of people visiting our site. If you do not wish to accept new cookies or wish to disable cookies altogether, you can set your browser accordingly using its menu bar.

Suspension of membership
28.    Where a member is in breach of these terms and conditions they will be suspended from membership forthwith. The decision as to whether there has been a breach is wholly within the discretion of The-Latest and is final.

Notices
29.    Members can communicate with The-Latest.com’s editorial team and its webmaster by email and these email addresses are available on the website. Legal notices can be sent to The-Latest Ltd which is the company set up to facilitate the business affairs of The-Latest.com. The company’s registered address is []

No warranties
30.     No warranties express or implied are given by The-Latest, save as expressly set out in these Terms and Conditions.

Severability
31.    You agree with The-Latest that in the event that any clause of this agreement is struck down that that clause can be severed from the remainder of this Agreement and that all clauses will continue to have contractual effect.

Governing Law
32.    The parties agree that this contract shall be governed by the laws of England and that the English courts, subject to paragraph 33 below, shall have exclusive jurisdiction.

Compulsory mediation
33.    In the event of any dispute arising out of or in connection with this agreement, the parties agree in the first instance to seek to settle their dispute through mediation.

Perfecting rights granted hereunder
34.    You agree, and at your own expense, to enter into any further agreements and execute any confirmatory licences or other formalities necessary to perfect any exclusive licence or other right granted under the agreement so as to give The-Latest the right and entitlement to sue in its own name for any infringements of any rights licensed hereunder.

ANNEX TO THE TERMS AND CONDITIONS

Specific services provided by The Latest to Members

The Latest may in its absolute discretion provide one or more of the services set out hereafter to Members. In addition to the general obligations set forth above, you agree that you will in your use of any services comply with the terms set out hereafter. The paragraphs of this Annex are not intended to limit in any way the generality of the foregoing Terms and Conditions. Failure to comply with any of the terms and conditions herein may result in automatic termination of your membership or suspension of some or all of the member services offered to you and, where appropriate, provision of your details to relevant civil and criminal authorities.

My Blog
1.     Following acceptance as a member after you have accepted these terms and conditions, you may in the discretion of The-Latest be permitted access to a personal members’ space within The-Latest.com website. You will in the discretion of The-Latest be permitted to upload photographs and videos in addition to literary works.

2.     You warrant that any writing, photographs or videos or other material that you post or other direct to be published in the My Blog section complies with each of the following:

(1)    the material is your own original work and complies with paragraphs 15 and 16 above;

(2)    the material does not infringe any right of privacy or related right, does not contain any defamatory or offensive material, any racist or homophobic slurs, any pornographic material, tend to outrage public decency, or otherwise breach any civil or criminal code or legislation;

(3)    the material is free from viruses, worms, Trojan horses or other programmes that can be harmful to the operation of any computer or similar electronic device or to the operation of any software programme or module

(4)    the material is not used for any commercial, non-personal purpose

3.     You agree that the indemnities in paragraph 7 apply to any material posted by you in My Blog, that any material may be removed without prior notification by The-Latest, and that all of the foregoing provisions in paragraphs 15 to 23 apply.

 

Create content
4.     Following acceptance as a member after you have accepted these terms and conditions, you may in the discretion of The-Latest be permitted to submit articles to The-Latest for consideration and publication. You agree to abide by all the terms set out herein in respect of material submitted for publication. Once a story has been submitted it is sent to The-Latest unpublished ‘content’ queue for the editors to review. The-Latest does not warrant that it will publish any material submitted for publication.

Adding Images
5.     Following acceptance as a member after you have accepted these terms and conditions, you may in the discretion of The-Latest be permitted to submit photographs or videos to The-Latest for consideration and publication on The-Latest. You warrant that any photographs or videos submitted by you are your own original work, that they do not infringe any intellectual property rights, any privacy, data protection or related rights, breach any confidence or otherwise offend any civil or criminal legislation and comply with the warranties above. Further, in submitting the material, you grant an irrevocable, royalty-free licence to The-Latest to exploit the copyright and related rights in the photographs, videos or similar material, and consent to exploitation of your image and likeness where you are the subject of the photographs. Where you are not the subject, you warrant that you have obtained the consent of the subject(s) of the photographs or videos to the use and exploitation of his or her likeness and image.

Image Galleries
6.     Following acceptance as a member after you have accepted these terms and conditions, you may in the discretion of The-Latest be permitted to upload single images you would like to share with other contributors to an image gallery. You warrant that any photographs or videos submitted by you are your own original work, that they do not infringe any intellectual property rights, any privacy, data protection or related rights, breach any confidence or otherwise offend any civil or criminal legislation and comply with the warranties above. Further, in submitting the material, you grant an irrevocable, royalty-free licence to The-Latest to exploit the copyright and related rights in the photographs, videos or similar material, and consent to exploitation of your image and likeness where you are the subject of the photographs, videos or similar. Where you are not the subject, you warrant that you have obtained the consent of the subject(s) of the photograph or video to the use and exploitation of his or her likeness and image.

Forum
7.     Following acceptance as a member after you have accepted these terms and conditions, you may in the discretion of The-Latest be permitted access to a members’ forum within The-Latest.com website. You will in the discretion of The-Latest be permitted to share information with other members.

8.     You warrant that any information that you post or share in the Forum section will comply with each of the following:

(1)    the information will not infringe any right of privacy or related right, will not contain any defamatory or offensive material, any racist or homophobic slurs, any pornographic material, tend to outrage public decency, or otherwise breach any civil or criminal code or legislation;

(2)    the information will not be used for any commercial, non-personal purpose

9.     You agree that the indemnities in paragraph 7 apply to any information shared or posted by you in any members’ forum, that any material or information may be removed without prior notification by The-Latest, and that all of the foregoing provisions in paragraphs 15 to 23 apply.

Multimedia and Videobox
10.    Following acceptance as a member after you have read and accepted these terms and conditions, you may in the discretion of The-Latest be permitted to upload videos and podcasts to the Multimedia and Videobox sections of The-Latest.

11.    You warrant that videos, podcasts or other material that you post, upload or otherwise direct to be published in the Multimedia and Videobox sections complies with each of the following:

(1)    the material is your own original work and complies with paragraphs 15 and 16 above;

(2)    the material does not infringe any right of privacy or related right, does not contain any defamatory or offensive material, any racist or homophobic slurs, any pornographic material, tend to outrage public decency, or otherwise breach any civil or criminal code or legislation;

(3)    the material is free from viruses, worms, Trojan horses or other programmes that can be harmful to the operation of any computer or similar electronic device or to the operation of any software programme or module

(4)    the material is not used for any commercial, non-personal purpose

(5)    the material is posted for the purposes of reporting news or current events and will be removed when the news item is no longer current.

12.    You agree that the indemnities in paragraph 7 apply to any information shared or posted by you in any members’ forum, that any material or information may be removed without prior notification by The-Latest, and that all of the foregoing provisions in paragraphs 15 to 23 apply.

My Buddylist
13.    Members of The-Latest are allowed, in the discretion of The-Latest, to make friend requests to each other. You agree that in using the service you will not harass any other member, that you will treat all members with respect and that you will not infringe any right of privacy or related right, that any material you send to a buddy will not contain any defamatory or offensive material, any racist or homophobic slurs, any pornographic material, tend to outrage public decency, or otherwise breach any civil or criminal code or legislation. You further agree that you will not contact another buddy or send any information for any commercial or otherwise non-personal purpose.

Twitter
14.    This gives members of The-Latest an opportunity to join us on social networking site Twitter.Members can Tweet about any topic including the stories published on The-Latest. Editors of The-Latest can also use Twitter to promote newly published articles. Tweets are monitored and may be removed in the absolute discretion of The-Latest. You agree that any tweets you make or cause to be made will not infringe any right of privacy or related right, will not contain any defamatory or offensive material, any racist or homophobic slurs, any pornographic material, tend to outrage public decency, or otherwise breach any civil or criminal code or legislation.

Events
16.    The-Latest informs members and non-members of the site about events (festivals, concerts, seminars) to attend in the UK and abroad. Any information provided is provided subject to the disclaimer in clause 2 and the other exclusions from liability set out in the Terms and Conditions above.

Latest comments
17.    As a Member, The-Latest in its absolute discretion may permit you to post comments. You warrant that any comments will be accurate, will not infringe any right of privacy or related right, will not contain any defamatory or offensive material, any racist or homophobic slurs, any pornographic material, tend to outrage public decency, or otherwise breach any civil or criminal code or legislation. You further warrant that comments will not be used to further any commercial or otherwise non-personal purpose. Any member who in the absolute discretion of The-Latest is considered to have abused the comment service or otherwise breached these terms and conditions will have his or her membership revoked.

Tips and advice
18.    The Latest from time-to-time offers advice and information. No warranties are given as to the accuracy of any advice or information, and all such advice and information is explicitly provided subject to the disclaimers and exclusions of liability contained herein.