Website Terms and Conditions of Use (Under 18s)

These are the terms and conditions of use for / and our associated mobile and tablet applications (Site).  Please read these terms of use carefully before you start to use the Site.  By using the Site, you agree that you accept these terms of use and that you agree that they apply to you. 

In addition, the following additional terms may apply to your use of the Site and form part of these terms:

If you do not agree to these terms of use, please do not use the Site. We may need you to stop using the Site at any time by telling you (probably by email).

We may change these terms of use from time to time by changing them on the Site. By continuing to use the Site you accept these changes and agree that they will apply to you.  These terms of use were last updated on 17/12/2012

The terms of use contain the following sections

Information about us

Child Protection and Age Restrictions

Access to the Site

What you are allowed to do

What you are not allowed to do

Intellectual Property Rights

Your personal information

Content

User generated content

Complaints about user generated content

Content generated by you

Keeping Safe on the Site

External links and Banners

Liability

General

Contacting us

Information about us

The Site is operated by DC Thomson & Company Limited trading as The Dandy (we, us and our).  We are a limited company registered in Scotland.  Our registered company number is SC5830 and our registered office is at CourierBuildings, Albert Square, Dundee. Our VAT registration number is GB415340486.

Child Protection and Age Restrictions

We want our Site to be a fun and safe online environment for children to use. We are committed to protecting children’s safety and privacy. For this reason we will only allow children under the age of 12 with permission from a parent or guardian to use the Site.  We may ask you to prove this permission by requiring their email and telephone contact details. We also strongly recommend that children, teenagers and their parents visit the WISEKIDS website (www.wisekids.org.uk) which provides lots of information on how to use the internet safely.

If you are under the age of 12 you must show your parent or guardian these terms of use and they must have given you permission to use the Site. Unless your parent or guardian has told you otherwise, you must be supervised at all times by your parent or guardian when using the Site.

If you are a parent or guardian of a user of the Site who is under the age of 12 then you must agree to these terms of use in respect of yourself and your child and make sure that your child understands and complies with them. Unless you agree that your child can use the Site without supervision, you must supervise you child’s use of the Site at all times. You are responsible for your child’s use of the Site, whether supervised or unsupervised.

If you have any questions or concerns about children using the Site please contact us at editor@dandy.com

Access to the Site

It is your responsibility to ensure your computer system meets all the necessary technical requirements to enable you to access and use the Site and that your system works 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 promise that the Site will always work or that it won’t have errors in it.  Access to the Site is allowed on a temporary basis and we may remove, change or stop the service we provide on the Site without notice.  We will not be liable to you or any third party if the Site is not available or if we change, stop or remove the Site, or any features, parts or content of the Site at any time no matter for how long.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. We may accept or refuse any application to register with us at any time and we may suspend or close your account with us at any time if we believe you have not followed these terms of use. You must ensure that any registration details you provide are correct.  If you choose, or you are provided with, log-on details (such as a username and password) as part of our security procedures, you must treat such information as secret and must not tell it to anyone else.  You are responsible for all activities that occur under your log-on and you must tell us straight away of any use by someone else or other security breach of which you become aware by emailing editor@dandy.com. By using the Site as a registered member, you agree to these terms of use and references to ‘you’ and ‘your’ are references to you. We may cancel any log-on details, at any time, if in our opinion you have not followed anything in these terms of use or if any information you give us to register you with the Site as a user is wrong.

If you are under the age of 12 and where the Site requires you to register, a parent or guardian will need to give permission for you to set up an account and provide their name and email address and/or telephone number. We will then contact your parent or guardian by email or telephone asking them to approve your registration and allow us to contact you. You will only be able to access and use your account once we have given this permission. We will send you an email to let you know when we have received your parent or guardian’s permission.

This Site is controlled and operated by us from the United Kingdom and is intended for people who live in the United Kingdom and we do not promise that anything contained on the Site is appropriate for any other country.

Please refer to our Accessibility Statement for details of how we provide access to people who may be sight or hearing impaired or have other disabilities.

What you are allowed to do

Aside from our advertisers who may display their advertisements in accordance with our terms and conditions of advertising on our Site, you may only use the Site for your own personal use (not any business use) and only as set out in these terms of use. This means that you cannot use the Site to make a profit for example.  You may use and display content from the Site on a computer screen, print and copy individual pages and, as long as you follow the “what you are not allowed to do” section below, store such pages on your computer.  Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be shown to you before you access the relevant features, parts or content.

What you are not allowed to do

Except where these terms of use say they allow you to, you are not allowed to:

  • use the Site other than to browse it and where the Site permits this, to upload your content;
  • collect or gather from the Site information that identifies someone else;
  • remove or change any legal notices or other content of the Site or try to get around security or get in the way of the proper working of the Site or the servers on which it is hosted;
  • use the Site to send any unwanted or unauthorised advertising or promotional material or any other form of spam mail;
  • use the Site to deliberately send any data, or 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 harmfully 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 get around, put out of action or otherwise get in the way of our security-related features;
  • copy, give out, publicly display or re-sell any part of the Site in breach of these terms of use;
  • create links to the Site from any other website, without our prior written consent;
  • change, translate, reverse engineer, decompile or disassemble the Site or parts of the Site or create new works from using materials from the Site;
  • use the Site for any business, commercial or public purpose.

We may remove any permission we have given to you to link to our Site without notice.  If you wish to make any use of material on the Site other than that set out above, please send your request in an email to editor@dandy.com.

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 of use will end straight away if 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).  That means you cannot copy these things.

Except as set out in these terms of use, nothing in these terms of use gives you any rights in respect of any intellectual property owned by us or our licensors and you agree that you do not get any ownership rights in the Site or its content.

You must not change 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 files or any graphics separately from any text that goes with it.  If you print off, copy or store pages from the Site (only as allowed by these terms of use), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are included.

Our status (and that of any named people who provide material on the Site) as the authors of material on the Site must always be on any material printed out or stored by you.

Your personal information

Our privacy policy sets out how we use any of your personal information you give us.

You must never give your name, address, age, school, telephone number, email address, MSN, Skype, AOL, Yahoo, Google or other instant message or chat username, password or other personal information to other users of the Site. This is very important to keep you safe. You must never agree to meet anyone from this website in real life unless you meet them with your parent and guardian in attendance. If anyone asks you for these details tell your parent or guardian immediately and do not reply.

Content

We may change the way the Site looks and what it says from time to time (“content”).  You agree that we are not responsible for your use of the Site.

Whilst we try to make sure that all information contained on the Site (other than any information you upload to the Site or post to the Site) is true, you should not rely on such information.  You should check with the relevant person giving you the information before acting on any such information.

Except as set out in the additional terms and conditions mentioned at the top of these terms of use, we do not promise the truth, completeness, correctness, reliability, integrity, quality or originality of any content of the Site or that the Site will do what you want it to and, to the extent we are legally allowed to, we exclude all other terms which are not written down in these terms of use. To the extent we are legally allowed to, we are not responsible for any loss or damage which happens as a result of you or anyone else using the Site or relying on any of its content. We are not responsible for any changes made to the content of the Site by other people we have not asked to change the Site.

We cannot and do not promise 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 responsibility for the same.  It is your responsibility to have the correct computer security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content. If you are not sure about this, please ask your parent or guardian about what security features they have in place on their computer.

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 other people’s materials, including our Noticeboards (collectively "Forums") available to its users. 

We do not control the material you put on our Forums (we call these "Postings"). We do not interfere with, screen, moderate or monitor any content either before or after it is posted or sent to the Site although we may use tools from time to time to screen or block certain information or language. You agree that all Postings express the views of the person who made them and that they are not our views.

We are not liable or responsible for the third party content on this Site, including links to other sites and resources.

Complaints about user generated content

If you feel uncomfortable about or don’t like any Posting or have another complaint about it, tell us by emailing editor@dandy.com with details of the specific Posting you are complaining about. Further details of our procedure to have Postings removed are set out in our Community Guidelines and Acceptable Use Policy.

Content generated by you

If you add or say anything on any Forum or send to us any content whilst using the Site ("Your Content"), you must follow our Community Guidelines and Acceptable Use Policy and these terms. You promise that anything you add or say complies with our Community Guidelines and Acceptable Use Policy and these terms of use. It is important that users of our Site are not upset by what you say when you upload to our Site and you are responsible for and agree to pay us any losses, costs or expenses that we suffer as a result of you failing to keep that promise. 

By giving us Your Content you give us and our group companies and our affiliated companies and third party service providers certain rights to do what we want with it. This includes your 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 new works from it together with the ability to allow other people to do the same whether we refer to your name or not. To the extent we are legally able to, you waive your ‘moral rights’ (i.e. the right to be identified as the author or to object to critical treatment) in Your Content.  The grant of these rights to us cannot be taken back, lasts forever, applies anywhere in the world and we do not have to pay you any money for it.

This means that we can (without telling you):

  • continue to publish, use and display Your Content even if you ask us to remove it and/or after your registration has ended;
  • remove Your Content even if you have followed our Community Guidelines and Acceptable Use Policy;
  • use all or part of Your Content in advertising and marketing materials for our products;
  • change Your Content, which may mean that Your Content does not refer to you.

If you do not agree to this, please do not send us any content.

It is up to us to decide whether or not we use Your Content or any other user generated content given to us.

Your Content may be viewed by any user of the Site unless it is in a restricted members only area in which case only we and our members may view that content.

You are responsible for Your Content and you are responsible for and agree to pay us any losses, costs or expenses that we suffer as a result of you failing to comply with any of these terms.

Keeping safe on the Site

If you are a child you must never tell anyone what school you go to or tell them where you live. You must also never agree to meet anyone from the Site in real life unless you meet them with your parent or guardian.

If anyone ever asks you for your telephone number or address or details of your school, do not reply. Do tell your parent or guardian straight away.

If you are an adult, you must not use forums, chats, comments or other interactive features on the Site that are marked for children only or with an age limit. You must never ask anyone you believe to be a child for their personal details.

External links and banners

The Site may, from time to time, include links to other 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 promise 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 sites does not mean any approval of or association with their operators.

Liability

Nothing in these terms of use will limit or exclude our liability to you for death or personal injury caused by our negligence or if we misrepresent things to you fraudulently or for anything else that we have to be liable for under English law.  We will never need to compensate you (nor shall we be responsible to you) for loss of anticipated savings, data, wasted time, losses that are not directly caused by us or for any loss of profit, revenue, contracts, reputation or other similar losses whether directly or indirectly incurred.

We are not responsible for any dealings you have with third parties that take place using our Site unless specifically agreed elsewhere in our terms of use.

Any software is downloaded at your own risk.

You are responsible for and agree to pay us any losses, costs or expenses that we suffer as a result of you failing to comply with these terms of use.

General

If any part or provision of these terms of use is found to be unenforceable, this shall not affect the validity of any other part or provision.

You may not give, allow others to use or otherwise transfer any of your rights under these terms of use. We may give, allow others to use or transfer these terms of use or our rights under them without your consent or telling you.

These terms of use replace any previous versions.

English law is the only law that applies to these terms and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts.  Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any court that can hear the dispute.

Contacting us

Please email any questions you have about these terms of use or any problems concerning the Site to editor@dandy.com or by telephone on +44 1382 575580 between the hours of 9am to 5pm, Monday to Friday or write to us at: : 80 Kingsway East, Dundee, Angus DD4 8SL.

Thank you for visiting our Site.

 

Last updated: December 2012 © DC Thomson & Company Limited 2012