Terms of use and online privacy policy

Terms & Conditions of use

This is the NIGHT magazine website (the "Website"). This Website and the Website Service is operated and maintained by or on behalf of Mondiale Publishing Limited and its group companies (“NIGHT” "Mondiale" or "We" or "Us").
Your use of this website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the website.

Copyright

The copyright and all other rights in the material on this website are owned by us or are included with the permission of the owner of the rights. As a visitor to this website, you may download a single copy of the material on this website on a single computer for your own private viewing purposes only. No copying or distribution of material on this website for any commercial or business use is permitted without our prior written consent. No photography, filming or broadcast of the pages of this website is permitted without our prior written consent. Subject to this paragraph, all rights in material on this website are reserved to NIGHT magazine.

User-submitted content

If you send any text, images, audio or other content to this website you accept that the files sent become the sole property of NIGHT magazine and that we shall have the right to use that content and make it available to the public on this website and otherwise. All material must comply with the Online Forum rules, set out below.

The information and availability

Whilst we take every care to ensure that the information on this website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

No reliance

The information on this website does not necessarily reflect the views and opinions of NIGHT magazine. Neither should any suggestions or advice contained on this website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts and opinions given on this website before entering into any commitment based upon them.

Other promotions & competitions

From time to time, we (or selected third parties) may include competitions, promotions or other offers on this website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

Use of information
In order to make use of certain services provided through the Website such as the forums, blogs, email newsletters, competitions and polls, you may need to register an account with us. When you do so, you will provide us with information about yourself and you will be able to select how we use your information for marketing purposes. You can update your marketing preferences at any time by following the instructions to amend your details in the account registration section. We will only use your information in accordance with your instructions and as set out in this privacy policy.
If you ask us to provide goods or services to you, we will use your information to provide those goods or services to you and to monitor our provision of those goods or services. We may also share your information with associated companies for marketing purposes. We or associated companies may contact you by mail, telephone, fax, email or by other electronic means with offers of goods and services or information that may be of interest to you. By providing us with your fax number, telephone numbers or email address you consent to being contacted by these methods for these purposes. If you do not want to receive marketing information from us or associated companies you can notify us of this as part of the registration process. You can stop receiving this information at any time by following the unsubscribe instructions on the correspondence you receive, by amending your marketing preferences, or by emailing dataprotection@mondiale.co.uk, giving your email address and details of the information you no longer wish to receive.
Maintenance and storage of information
Your information is collected and stored on servers which are owned and maintained by or on behalf of Mondiale Publishing Ltd. We may keep your information for a reasonable period for the purposes set out in this privacy policy.

Linking to our website

We welcome 'hot links' to the Home Page of our website, but not 'deep linking' by which we mean that you may not include a link to any page of our website that is not the Home Page. Neither may you display the contents of our website (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to licence our material, please contact us.

Links to other websites

On this website you may be offered automatic links to other websites. Whilst we hope you will be interested in those websites, you acknowledge that their owners may be independent from us and we do not endorse or accept any responsibility for their content. We accept no responsibility for adverts posted on the Website. If you agree to purchase goods and/or services from any third party who advertises on the Website, you do so at your own risk. The advertiser, not Mondiale Publishing Limited, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

Computer viruses

We will use reasonable endeavours to ensure that the website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability (other than liability for death or personal injury) in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the website.

Security:

In accordance with our requirements under the Data Protection Act 1998, we will adopt appropriate security procedures to help prevent unauthorised access to your information. Neither NIGHT magazine nor Mondiale Publishing Ltd shall be liable for any attempt to hack or crack or otherwise gain access to any part of this Website including any of your information.

Trade marks

No use of trade marks found on this site is to be made by you except for the purpose of referring to NIGHT magazine in good faith only.

Severability

In the event that any term of these Terms & Conditions of Use is held to be invalid or unenforceable, the remainder of these Terms & Conditions of Use shall remain valid and enforceable.

Variation of these terms & conditions of use

Night magazine reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions of Use on the website. By continuing to use the website you will be deemed to accept such variations.

General

Nothing in these Terms & Conditions of Use shall restrict or exclude any liability that we have to any party which cannot be excluded by law. These Terms & Conditions of Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.

Content objections

If you object to the publication of any material placed on our website please let us know by sending an appropriately worded email to night@mondiale.co.uk and we will take whatever action we deem appropriate.

Competition terms and conditions

These rules apply to all prize promotions including free draws, prize competitions and instant win offers. Depending on the nature of the competition there may be additional rules.

1. Promotions are open to UK residents aged 18 and over.
2. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
3. NIGHT magazine and the promoter reserve the right to substitute the prize for another prize of equal value.
4. NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on the promotional activity with a specific competition.
5. By entering the prize draw, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the promotion.
6. By entering the promotion, the entrant agrees to the terms of the privacy policy. In addition, NIGHT magazine may pass your personal information to the promoters and their data processors. However, we always demand that those parties adhere to the same security procedures that we follow ourselves.
7. It is assumed that by entering competitions which, if won, could result in time off work, your employer is in agreement to time off. When dates are specified they cannot be altered.
8. Depending on the nature of the prize, its use or enjoyment may be subject to further conditions or restrictions.
9. Winners will be notified by email on the day of the draw. Winners have five (5) business working days to respond in full to the email or another winner will be drawn.
10. By entering the promotion, the winner(s) consent(s) to any publicity generated as a result of the promotion, and use on the NIGHT magazine website at any time.
11. Prize draws are open to all residents of the UK, except employees of NIGHT magazine, the promoter and their immediate families, the promoters advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the promotion.
12. The website Editor's decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
13. Only one entry per person. Spammers will be disqualified.
14. Night magazine will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
15. The promotional draw is held by NIGHT magazine.

Specific Rules relating to Conduct

You agree that when using the Website you will comply with all Applicable Laws, these Terms and you acknowledge that you are responsible for all acts and omissions which occur under your user-name. In particular, but without limitation, you agree not to:

1. Upload, post or otherwise display Content which is or promotes behaviour which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, hateful, defamatory, vulgar, obscene, invasive of another's privacy, solicits personal information from anyone under the age of 18 years, or contains any illegal content; or
2. Upload, post or otherwise display any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of the Website or the Website Service or any server or networks connected to the Website or another's computer, or that contains any chain letters, pyramid-selling schemes, bulk mail, junk mail or similar; or
3. Upload, post or otherwise display any Content containing a photograph of another person unless you have obtained that person’s consent;
4. Harvest or collect any IP addresses or email addresses or other contact information of any members of the Website, by electronic means or otherwise; or
5. Upload, post or otherwise display any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or
6. Restrict or in any way inhibit any other person’s use of the Website or the Website Service; or
7. Upload, post or otherwise display any Content which is false, misleading, un-necessary and/or repetitive including any Content which is inaccurate, out of date or repeats that previously uploaded, posted or displayed by you or another visitor, unless absolutely necessary; or
8. Upload, post or otherwise transmit any Content to a part of the Website which is irrelevant to the subject matter of the Content; or
9. Register an account with us under more than one user name and/or user account number; or
10. Use the Website or the Website Service in a manner that is inconsistent with these Terms and/or any Applicable Laws in force from time to time or in a manner which promotes or encourages illegal activity; or
11. Breach the terms of any suspension or ban or seek alternative access; or
12. In the interests of free speech, bring any action for defamation against Mondiale, or any of the companies in the same group; or
13. Use or solicit any other account holder’s personal data for any purpose other than establishing non-commercial, lawful contact that such account holder would reasonably expect to welcome; or
14. Submit Content owned by a third party without consent from that third party or submit Content in a manner which expressly or impliedly infers that such Content is sponsored or endorsed by the Website; or
15. Use the Website in any unlawful manner or in a manner which promotes or encourages illegal activity or in a manner which could damage, disable, overburden or impair the Website or the Website Service; or
16. Attempt to gain unauthorised access to the Website or any networks, servers or computer systems connected to the Website; or
17. Modify, adapt, translate or reverse engineer any part of the Website or use any robot, spider, site search/retrieval application or other device to retrieve or index any part of the Website or re-format or frame any portion of the web pages comprising the Website, unless permitted by law; or
18. Remove or obstruct from view any advertisements and/or any copyright, trademark or other proprietary notices contained on or in the Website; or
19. Contact any other user of the Website if they have expressly asked you not to; or
20. Attempt to impersonate any other user or account holder of the Website or the Website Service; or
21. Use the username and/or password of any other account holder of the Website or disclose your password to any other person; or
22. Upload, post or otherwise display any Content comprising an advertisement or accept payment or anything of value from any person in exchange for you uploading, posting or displaying any Content or otherwise performing any commercial activity on or through the Website or the Website Service on behalf of such person (including, without limitation, posting blogs or bulletins for a commercial purpose and/or sending messages to other users of the Website with a commercial purpose).

You agree to indemnify NIGHT magazine and Mondiale Publishing Limited in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Website and/or the Website Service, and any use of the same under your username other than in accordance with these Terms or Applicable Law.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.

Privacy policy

Our commitment to your privacy

Night magazine are committed to protecting your privacy and security. From time to time we may invite you to supply personal information in order for us to provide you with services (such as access to subscriber-only services, our bulletin board, email newsletters and competitions). In order to deliver such services, we will need to process and store your personal information and may need to transfer it to the relevant partner(s), to affiliates of Night magazine for processing both inside and outside the European Economic Area (EEA). By submitting your personal information, you consent to such processing and transfers in connection with such orders, offers or services and for any other purposes to which you consent at the time you provide the information or as provided in this privacy policy.
This Policy only applies to the use that we make of data provided to us via the Internet and email. Other uses may be made of data provided to Night magazine in correspondence, by telephone or by other means not detailed in this Policy.

Why we need to collect information from you

We will notify you as to the types of information we are collecting about you as well as the uses we intend to make of that information. We may use the information we collect about you to notify you from time to time about important new features and changes to our online services or special offers, competitions or promotions we think you'll find of interest.

Who else will we tell about you?

Subject to what we say below, we will not pass on your personal details to any third party, including site sponsors or advertisers, without your consent. We may provide aggregate statistics about our users, sales, traffic patterns and related site information to our third-party partners (if any), but these statistics will not contain any information about you from which you could be identified.
If you enter any competitions on this Web site it may be necessary for us to provide your personal information to the promoters of the competition or to others that are involved in the organisation of the competition or the prize-giving.
Of course, if you post any personal information to any bulletin boards or forums, this information will immediately be made available to other users throughout the world.
Also, we may transfer your personal information to purchasers or subsidiaries (and potential purchasers or subsidiaries) if Night magazine acquires, or is acquired by or merged with, another company. This will enable you, for example, to continue your relationship with us despite a change of ownership.
We may also need to provide your data to our subscription and other fulfilment agents (if relevant) in order to provide goods or services to you.
Finally, Night magazine is not responsible for all of the web sites that are referred to, or linked to, in this Web site. When you visit these other web sites your personal information might be used by others in ways that do not conform to the terms of this Policy.

Security and possibility of international transfer

Please note that countries outside the EEA may not have the same level of protection as countries within the EEA, but We always demand that those parties to whom We transfer data adhere to the same security procedures that We follow ourselves. By submitting your personal information, you consent to such processing and transfers in connection with such orders, offers or services and for any other purposes to which you consent at the time you provide the information.

The use of 'cookies'

In order to enable us to provide you with a personalised browsing experience, this site uses 'cookie' information collection technology. "Cookies" are small pieces of information that are issued to your computer when you enter a website. Cookies are stored by your browser on your computer's hard drive, and they can be used for a wide range of purposes, such as identifying your computer's previous visits to this website, and to ascertain the most popular features of this website.

Why Do We Use Cookies?

Like many other websites, this website uses cookies as they enable Night magazine to identify your computer when you visit this website. For example, cookies make it possible for us to identify and automatically log in registered users of certain services on this website without the need for us to ask users for their registration details and password each time they visit. We also use cookies to develop a clearer picture of which parts of this website are the most popular to its visitors, and your preferences. You are not obliged to accept cookies and you may amend your browser's settings to prevent it from accepting cookies.
Please be aware that if you do disable cookies, certain services on this website may not be available to you and your enjoyment of this website may be impaired.

Feedback, comments & suggestions

If you have any queries about Our Privacy Policy or any queries about the protection of personal information we hold about you, please do not hesitate to contact us: Our address is:

Night Magazine
Mondiale Publishing
Waterloo Place
Watson Square
Stockport
Cheshire
SK1 3AZ
UK

If you do not agree with this Privacy Policy you should not submit your personal information on this website.