IMPORTANT: THESE TERMS APPLY TO THE ENTIRE CONTENTS OF THE DOGS TRUST AWARDS WEBSITE (“SITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. ACCESSING THE SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE. THESE TERMS OF USE ARE ISSUED BY DOGS TRUST.
1. Introduction
1.1. By accessing any part of the Site, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must cease to use the Site immediately.
1.2. Dogs Trust may amend or revise these Terms at any time without notice. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time. It is your responsibility to check this page to review any revised terms.
1.3. Closing date for nominations: Friday 28th December 2007. Shortlisted nominees will be informed by Monday 14th January 2008. Winners will be announced and presented at The Guildhall, London on 6th February 2008.
2. Nominations
2.1. The information you provide about yourself, as prompted by the Site Nomination form must be true, accurate, current and complete. In particular this includes but is not limited to your confirmation either that you are over the age of 14 or that you are the parent or guardian of a person under 14 acting on that person’s behalf and confirming agreement to be a contributor in accordance with these Terms. Dogs Trust is concerned about the safety and privacy of all its users, particularly children under the age of 13. If you are a parent or guardian of a child of any age, it is your responsibility to determine whether any of the Services and/or content on the Site are appropriate for your child. For the avoidance of doubt a ‘child’ or a ‘minor’ is a person under the age of 18.
2.2. Only dogs resident in the UK can be nominated for the Dogs Trust Honours 2008.
2.3. The Judges’ decision is final and no correspondence will be entered into.
3. Intellectual Property
3.1. By posting photographs on this Site you confirm that you are the owner of the copyright and any similar right in any such photographs.
3.2. Unless otherwise stated, the copyright and other intellectual property rights in all countries in all materials on this Site (including without limitation photographs and graphical images) are owned by Dogs Trust or its licensors. Any use of extracts from this Site for any purpose is strictly prohibited.
3.3. No part of this Site may be reproduced or stored on any other website or included in any public or private retrieval system or service without Dogs Trust’s prior written permission.
3.4. Any rights not expressly granted in these Terms are reserved.
4. Service Access
4.1. While Dogs Trust endeavours to ensure that the Site is normally available 24 hours a day, Dogs Trust will not be liable if for any reason the Site is unavailable at any time or for any period.
4.2. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Dogs Trust’s control.
5. Visitor material and conduct
5.1. By using this Site you consent to the processing (including international transfer) of personal information about you as described in the Privacy and Security Policy.
5.2. Other than personally identifiable information, which is covered in the Privacy and Security Policy, any material that you transmit or post to this Site will be considered non-confidential and non-proprietary. Dogs Trust will have no obligations with respect to such material. Dogs Trust will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, text and other things embodied therein for any and all commercial and non-commercial purposes. If you do not wish Dogs Trust to have the rights set out in this paragraph 5.2 please do not transmit or post any material or submit any contributions to the Site
5.3. You acknowledge that you are solely responsible for the content of your submissions and you agree to submit only contributions that are your own original work, such contributions must be accurate (where they state facts) and genuinely held (where they state opinions).
5.4. You are prohibited from submitting to the Site any material which:
(a) is unlawful, harassing, threatening, defamatory, harmful, profane, indecent, pornographic, vulgar, obscene, abusive, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) violates a patent, trade mark, copyright, trade secret or other intellectual property rights of others or for which you have not obtained all necessary licences and/or approvals;
(c) constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or any other country in the world;
(d) constitutes any form of marketing or advertising; or
(e) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(f) harm minors in any way;
5.5. You must not misuse this Site (including, without limitation, hacking).
5.6. Violation of this section may lead to legal action being taken against you by the authorities or an aggrieved third party.
6. Contribution Rules
6.1. Where you submit a contribution to the Site, you must do so in accordance with these Terms, in particular section 5, and the following Rules:
(a) you acknowledge that you are solely responsible for the content of your submissions and you agree to submit contributions that are civil and tasteful;
(b) You agree that any information and images supplied by you may be used by Dogs Trust for publicity purposes.
6.2. Dogs Trust reserves the right at all times, whether or not you are in breach of these Terms, to:
(a) edit, refuse to post or remove any material in whole, or in part without further notice to you and Dogs Trust’s decision in these matters shall be final.
7. Links to and from other websites
7.1. Connected Dogs Trust websites (including, but not limited to, www.dogstrust.org.uk) that can be accessed via links from this Site are subject to separate terms and conditions. You must therefore read those terms and conditions carefully before using those websites.
7.2. Links to third party websites on this Site are provided solely for your convenience. If you use these links, you will leave this Site. Dogs Trust makes no representations as to the security, quality or propriety of any website which may be accessed through this Site and accepts no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such websites or goods or services purchased from them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.
8. Warranty and Liability
8.1. The Site is provided “as is” for information purposes only and Dogs Trust gives no warranties of any kind either express or implied in respect thereof. Specifically, but without limitation, Dogs Trust does not warrant that:
(a) you will be able to use this Site or that it will continue to be made available in its current or any other form;
(b) this Site or any material of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your equipment or fit for any purpose.
8.2. The editorial content of any other website to which you have gained access by means of any hyperlinks published on the Website remains the responsibility of the provider of that other website.
8.3. All warranties which would otherwise be implied by law are hereby excluded.
8.4. It is your responsibility to maintain all appropriate firewalls and to take all appropriate anti-virus and other precautions which may be necessary for your use of the Site. Dogs Trust shall not (subject only to the exclusion provision in paragraph 8.5) be liable to you, whether for negligence, breach of contract or otherwise, for any loss or damage of whatsoever nature suffered by you (including without limitation, direct loss or damage, indirect or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of data or loss of profit), arising from:
(a) any computer virus or other bug transmitted through this Site;
(b) your use or inability to use this Site at any time and any failure by Dogs Trust to provide this Site;
(c) your use of and/or reliance on other websites to which you have gained access by means of hyperlinks published on this Site;
(d) the content or accuracy of any material posted by you, or any other user of the Site or your reliance upon it;
(e) any inaccurate information published on the Site; or
(f) your failure to comply with any law or regulation that is applicable to you.
8.5. Nothing in these Terms shall operate to exclude or restrict our liability for either fraud, or death or personal injury resulting from our negligence.
9. Enforcement
9.1. The failure by us to enforce any Terms and Conditions shall not be deemed as a waiver of the right to enforce such term or condition.
10. Jurisdiction
10.1. These Terms and all matters arising from or connected with them are governed by and construed in accordance with the laws of England and Wales.