1. Acceptance: www.thisisyourkingdom.co.uk (“the Site”) and the correspondence distributed by the Site (“the Newsletters”) (the Site and the Newsletters together forming “the Service”) are provided free of charge to you by TiYK Partnership (“TiYK”), also referred to here as ‘we’, ‘us’ or ‘our’. These Terms and Conditions (“T&C’s”) govern your use of the Service.
2. Access: the Site is intended for use by you within the United Kingdom and TiYK make no warranty or representation that the content of the Site or the Newsletters are suitable for viewing in any territory outside the United Kingdom. Should you access the Service from territories outside the UK you do so at your own risk and are personally responsible for complying with all local laws that may apply.
3. Amendments to T&C’s: we reserve the right to amend the T&C’s at any time without notice, so please do ensure that you check them on a regular basis. Should you continue to use the Service you will be deemed to have accepted any revised terms and conditions. From time to time we may choose to supplement these T&C’s with additional terms and conditions (“Additional T&C’s”) (for example in connection with a competition we are running), these will be clearly displayed within the content of the text to which the revised terms & conditions apply.
4. Registration: although parts of the Site can be accessed without the need to register with us, you will need to sign up in order to receive the Newsletters and to access certain parts of the Site.
When you sign up you are confirming that you are over 18 years of age or, if you are a minor over 13 years of age, that you have obtained parental consent to use that part of the Service you are registering for.
Once you have signed up, you confirm that any information you provide us with from time to time is true, accurate and complete. We reserve the right to terminate your account without notice should you fail to comply with this statement.
5. Your Account: when you sign up it will be necessary for you to create a password for your account. You must keep this confidential and should not disclose it to a third party.
You are responsible for all activities that occur under the password you use to access your TiYK account. It is therefore important that you contact us immediately should you suspect that a third party is accessing your account.
Should you forget your password please click here, pop in the email address you signed up with, and we will send you the relevant details.
7. Newsletters: when you sign up you may select to receive any of the Newsletters. If you do not wish to receive these you may unsubscribe at any time. Simply sign in and visit the ‘my account’ page to amend and submit your new details.
8. Intellectual Property: all copyright, trade marks (registered or unregistered), design rights, database rights and other intellectual property rights of any nature arising from the material, content and information on the Site and within the Newsletters, including the design, layout and organisation, are owned or licensed by TiYK.
TiYK grants express permission for you to access, download, or print material from the Site and Newsletters for your personal, non-commercial use only, provided that you do not amend the material in any way. Except where expressly stated, none of the material on the Site or within the Newsletters, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of TiYK.
9. Third Party Web Sites, Goods and Services: on the Site, and within the Newsletters there are links to third party web sites. We make no representations as to the quality, suitability, functionality or legality of any such sites to which we may provide links, or of any of the goods or services available from such sites.
All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms, are solely between you and the owner of that site and TiYK will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby agree to waive any claim you might have against TiYK with respect to any such sites.
10. User Content: here at TiYK we encourage each of you to submit your favourite places with us on the Service (and any platforms connected to the Service including facebook, twitter, pinterest and instagram) and to review or comment on the places shared by others or send us questions, comments, tips, suggestions, recommendations and the like. We call this information user generated content (“User Content”) and it comprises any material (including without limitation text, images, location information, comments, data, text, graphics, audio material, video material and audio-visual material) that you submit, upload, create, distribute, email or post to TiYK via the Service (and any platforms connected to the Service including facebook, twitter, pinterest and instagram), for whatever purpose.
TiYK are unable to guarantee the authenticity of any User Content and as part of your use of the Service (and any platforms connected to the Service including facebook, twitter, pinterest and instagram) you acknowledge that User Content accessed or submitted by you using the Service, whether publicly or privately is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content (and all content included therein).
By submitting User Content to TiYK via the Service and any platforms connected to the Service (including facebook, twitter, pinterest and instagram or otherwise) you grant TiYK and our associated third parties a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, transferable and fully sub-licensable right to:
(a) use, reproduce, adapt, modify, create derivative works from, publish, translate and distribute User Content in any existing or future media, advertisements, marketing materials or platforms (now known or hereafter devised), applications or any other medium as part of the Service; and
(b) use the name connected with your User Content in the form of an accreditation at our discretion. You further grant TiYK the right to pursue at law any person or entity that violates your or TiYK’s rights in User Content by a breach of these T&C’s. You acknowledge and agree that User Content is non-confidential and non-proprietary. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You warrant and represent that the User Content you submit to TiYK is not illegal or unlawful, does not infringe any third party’s legal rights, and is not capable of giving rise to legal action whether against you or TiYK or a third party (in each case under any applicable law). You warrant to TiYK that your User Content is appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet. User Content must not:
– be libellous or maliciously false;
– be obscene or indecent;
– infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
– infringe any right of confidence, right of privacy, or right under data protection legislation;
– constitute negligent advice or contain any negligent statement;
– constitute an incitement to commit a crime;
– be in contempt of any court, or in breach of any court order;
– be in breach of racial or religious hatred or discrimination legislation;
– be blasphemous;
– be in breach of official secrets legislation;
– be in breach of any contractual obligation owed to any person;
– depict violence in any form
– be pornographic [or sexually explicit];
– be untrue, false, inaccurate or misleading;
– consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
– constitute spam;
– be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory;
– cause annoyance, inconvenience or needless anxiety to any person;
– link to any third party site or page consisting of or containing material that would, were it posted on the Services, breach the provisions of these T&C’s; or
– be or have been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove, without prior notice, any User Content submitted to the Services, stored on our servers, or hosted or published upon the Site for any reason, and to terminate or refuse your access to the Site and Services for any reason.
NB. TiYK does not endorse any opinion, recommendation, or advice expressed within User Content and expressly disclaims any and all liability in connection with User Content.
10. Disclaimer of Warranties: TiYK is providing the Service on an ‘as is’ basis and makes no representations or warranties of any kind with respect to the Service or its content and disclaims all such representations and warranties.
You understand the TiYK cannot guarantee the accuracy or completeness of the information provided on the Site and within the Newsletters. We are not liable for any errors, emissions or results obtained from utilising any of this information. Although we provide an information service for the benefit of you the general public, this information is provided on the basis that neither TiYK or any of its employees, contractors, consultants or members are engaged in providing any medical, counseling, legal or any other professional advice or service and therefore cannot be relied upon. TiYK advise you to always seek professional advice for any problem or situation with which you require assistance.
TiYK shall not be responsible for any loss or damage caused directly or indirectly by the information referenced or contained on either the Site or the Newsletters. No information or advice (written or oral) shall imply a warranty by TiYK unless specifically made within these T&C’s or imposed by law. You acknowledge that your use of the Site and Newsletters is undertaken at your own risk.
11. Limitation of Liability: except as required by law, neither TiYK nor any of its employees, contractors or consultants are liable for loss or damage arising out of or in connection with your use of the Site, the Newsletters or any information contained within them. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
12. Termination and Remedies for Breach of these Terms: TiYK will be entitled to restrict, suspend or terminate your membership and/or deny you access to the Site and/or the Newsletters or take such other action as we deem appropriate if we determine, in our sole discretion, that you are in breach of any of the T&C’s or that your use of the Site and/or the Newsletters is inappropriate or otherwise unacceptable.
The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which TiYK may have against you in respect of your breach of these T&C’s.
13. Indemnity: you agree to indemnify and hold each of TiYK, its employees, contractors or consultants harmless from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your use of the Site and/or the Newsletters, the violation of these T&C’s by you, or the infringement by you, or any other subscriber of your account, or of any intellectual property or other right of any other person or entity.
14. Applicable Law: these T&C’s shall be governed by and construed in accordance with the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
15. Miscellaneous: any failure or delay by us to enforce strict performance on you of any of the T&C’s or to exercise any right under the T&C’s will not be construed as a waiver of our rights.
TiYK reserves the right to assign its rights and obligations under these T&C’s (and any Additional T&C’s) to any third party without your consent. Upon such assignment TiYK shall be relived of any further obligation that arises under these T&C’s (and any Additional T&C’s).
16. TiYK Partnership
TiYK Partnership is a business partnership formed by Hannah Needham, Rebecca Gaunt and James Duncan Needham. Should you require any more details please contact us.
17. Competitions: competitions run by TiYK from time to time (“the Competition”) are open to residents of the UK aged 18 years or over except employees of TiYK, their families, agents or anyone else professionally associated with the Competition.
All information detailing how to enter the Competition forms part of these T&C’s. Submission of an entry to the Competition is taken to mean acceptance of the T&C’s.
Entries for the Competition should be submitted as directed by the Service. All entries must be received by the published closing date – late entries will be entered into the next available Competition (where relevant). Only one entry per person is permitted. Illegible, incomplete or defaced entries will not be accepted. No responsibility can be accepted for lost entries.
Entries will be judged by representatives of TiYK, to include the Editor in Chief at that time. The judges’ decision is final and no correspondence will be entered into. The winning entrant will be notified and the winning entry published on the Site following the closing date of that Competition as specified by the Service. The winner may be required for promotional activity.
Copyright in all submissions to the competition remains with the respective entrant. However, in consideration of them providing the Competition, each entrant grants a worldwide, irrevocable, perpetual licence to TiYK to feature their submission and/or any photograph accompanying it on the Service, in any promotional material connected to the Competition, and any other medium published by or in association with TiYK from time to time.
TiYK reserve the right to edit any submissions and/or photograph received as a result of the Competition prior to featuring them on the Service or in any other medium published by TiYK from time to time. Changes will be made at the Editor-in Chief’s discretion and will only affect the style of the submission, not its content.
The prizes as described are available on the date of publication and are subject to availability. Events may occur that render the Competition itself or the awarding of the prizes impossible due to reasons beyond the control of TiYK and accordingly TiYK may at its absolute discretion vary or amend the prize and the entrant agrees that no liability shall attach to TiYK as a result thereof.
TiYK is responsible for the publication and adjudication of the Competition. Provision of the prize and the terms and conditions governing the use/provision of the prize for the Competition is the responsibility of the relevant individual or company named within the competition promotion material from time to time as set out in the Service. The prize is not redeemable for cash.
TiYK accept no responsibility for any costs associated with the prize and not specifically included in the prize. In order to redeem the prize the winning entrant must accept and abide by the terms and conditions governing the use/provision of the prize as set out by the relevant individual or company named within the competition promotion material (see below for further details). Should the winning entrant fail to abide by the relevant terms and conditions within the specified time period they will be deemed to forfeit the prize.
TiYK accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Competition or accepting the prize. TiYK further disclaims liability for any injury or damage to your or any other person’s computer relating to or resulting from participation in or downloading any materials in connection with the Competition.
TiYK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Competition with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of TiYK in all matters under its control is final and binding and no correspondence will be entered into.
TiYK shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
18. Details of current competition (“Current Competition”): the Current Competition is run by TiYK is association with The Simple Things Magazine and i-escape.com (the “Competition Partners”). By participating in the Current Competition entrants are deemed to agree to the following terms:
– To enter: the competition entrants must submit their entry as directed by the Service no later than midnight 9 August 2017. On submitting their entry for consideration each entrant agrees to be bound by these Terms & Conditions.
– To enter: on submitting their entry for consideration each entrant warrants with TiYK that they own any copyright in their entry. Copyright in all submissions to the competition remains with the respective entrant. However, in consideration for providing the Competition, each entrant grants a worldwide, irrevocable, perpetual licence to TiYK & the Competition Partners to share their submission on the Service, in any promotional material connected to the Competition, and any other medium published by TiYK & the Competition Partners from time to time.
– This prize draw is only open to residents of the UK aged 18 or over, excluding employees of TiYK and the Competition Partners (including their respective subsidiaries and associated companies) and their immediate families, their agents or anyone else professionally associated with this promotion. The winner may be asked to be featured in promotional activity once the competition has closed.
– The prize/winner: one winner will win 1x 3 night stay for up to 4 people at Red Barn, Bude Hideaways. i-escape.com will book the hotel on behalf of the winner however the contract for the stay itself is between the winner and the hotel. The stay must be booked and have taken place by 1 August 2018 excluding 17 July 2017 – 5 September 2017, 16 October 2017 – 27 October 2017, 18 December 2017 – 5 January 2018, 12 February 2018 – 23 February 2018, 26 March 2018 – 13 April 2018, 4 May 2018 – 7 May 2018, 25 May 2018 – 1 June 2018, 29 June 2018 – 5 September 2018. Once booked, the dates of stay may not be changed and if the winner cancels the booking, no alternative will be given and no refund will be offered. Please note that the prize does not include travel/transportation, additional food and beverages, or any services or activities. I-escape.com will not book transport. The winner is solely responsible for any such additional costs incurred during their stay. In the extremely unlikely event that, after booking, the hotel is unable to offer the stay as booked, i-escape will endeavour to find an alternative, but an alternate prize is not guaranteed in this event. i-escape.com recommend that the winner takes out adequate travel insurance to cover flight cancellation or delay, sickness etc. I-escape.com recommend that the winner, in advance of their stay, checks relevant or important information about the hotel – either on i-escape’s website or directly with the hotel – including (for example) its suitability for pets or for young children, its policies on arrival/departures times, and its accessibility or parking provisions.