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9 May 2008

Terms and Conditions

These are the Terms and Conditions for thedailygoss.com website (TDGW).  Please read these Terms and Conditions and our Privacy Policy carefully before using TDGW as they affect your rights and liabilities under the law.  If you do not agree to the Terms and Conditions then please do not register for or use TDGW.  Within these Terms and Conditions and within our Privacy Policy we, us and our means The Daily Goss Ltd and you means the individual who is using TDGW.  Your use of TDGW is subject to the following Terms and Conditions of use, which you are deemed to accept by using this website.
Thedailygoss.com is a website operated by The Daily Goss Ltd and is a UK registered company based at its registered offices at The Daily Goss Ltd, 2nd Flr, 9-11 Richmond Buildings, Dean St, London , W1D 3HF.


1.  Use of this site

TDGW is provided to you free of charge for your own personal use subject to these Terms and Conditions.  By using TDGW you agree to be bound by these Terms and Conditions.

2.  Amendments

These Terms and Conditions may be amended and updated from time to time and you will be notified via a suitable announcement on TDGW if this occurs.  Any changes made will apply to the use of TDGW once notice has been given.  If you do not wish to accept the new Terms and Conditions then you should cease from using TDGW.  If you continue to use TDGW once the changes come into effect then your use of TDGW indicates your agreement to be bound by the new Terms and Conditions.

3.  Prohibited use and Limitations

You agree that you will not use TDGW for any of the following purposes: 

  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice; 

  • Disseminating any unlawful, harassing, libellous, abusive, harmful, threatening, vulgar, obscene, otherwise objectionable material;

  • Gaining unauthorised access to other computer systems; 

  • Interfering with any other persons use or enjoyment of TDGW; 

  • Breaching any laws concerning the use of public telecommunications networks; 

  • Interfering or disrupting networks or web sites connected to TDGW; and 

  • Making, transmitting or storing electronic copies of the materials protected by copyright without the permission of the owner.


4.  Availability of TDGW

Whilst every effort is made to offer you the best service possible, we make no promise that the services at TDGW will meet your requirements.  We cannot guarantee that TDGW will be fault free nor can we guarantee that your access to TDGW wont be occasionally disrupted or restricted to allow for maintenance, repairs or for new and additional facilities or services.  Every attempt will be made to minimise the periods during which access to TDGW is restricted or disrupted for these reasons.  Therefore TDGW 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.

5.  Information

Whilst every care is taken to ensure that any information provided on TDGW is accurate and complete, there may be some information that has been supplied to us by Third Parties which we are unable to check for its accuracy or completeness.  You are advised to verify the accuracy of any information before relying upon it.  The information on TDGW does not necessarily reflect the views or opinions of The Daily Goss Ltd.  Nor should any suggestions or advice contained within TDGW be relied upon in place of professional advice.

6.  Links away from TDGW

Throughout the site there may be links which will take you to Third Party sites.  TDGW has no control of the content of these websites.  We therefore do not accept any responsibility for their content and do not endorse it.

7.  Linking to TDGW

We are more than happy for you to include a link to any page of TDGW provided that it is not displaying any of our pages surrounded by any materials which have not originated from TDGW, this includes frames, without our consent.

8.  Excluded Services

All services provided by TDGW do not include the provision of computer or any other necessary equipment to access the site.  In order to use TDGW you will require an internet connection.  TDGW is not liable for any costs you may incur in accessing TDGW.

9. User Submitted Materials

Any content submitted to TDGW including, but not limited to, text, images, video, audio, and all rights therein, become the sole property of TDGW and that we shall have the right to use that content in perpetuity throughout the world in all mediums whether known or discovered and for all purposes.  Plus we will have the right to make it available to the public on this website and otherwise.  Any material submitted must comply with the rules set-out in section 10 below.  You grant TDGW unrestricted rights to use, reproduce, translate and distribute any material you place on the site.  You may be required to confirm the rights granted here and where this is required you will provide assistance to us.

10.  User Content Rules

Forums, Profiles, Comments or any pages of TDGW where you are capable of posting material are provided for your private and non-commercial use.  They are also provided for the exchange of lawful, fair, relevant and appropriate information.  Your use of TDGW is subject to the following rules which by your use you are deemed to accept.

a) You must not post or transmit through TDGW any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which do not comply with all relevant laws.
b) You must not post messages that are vulgar, crude, sexist, racist, homophobic or otherwise offensive.
c) You must not post any material which would compromise the privacy or security of anyone other than yourself.  This includes full names, surnames, telephone numbers, addresses, postcodes, or other identifying information.
d) You must not post any material which encourages, applauds or entices abuse, discrimination or hate.
e) You must not use obscene or offensive language or post obscene or offence material.
f) You must not post any material which has been disclosed to you in confidence or which, by its nature, is confidential.
g) You must not post any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
h) You shall not post or otherwise make available on TDGW any material which you do not own without the express permission of the owner of the material.
i) You must not post any material where the use by TDGW or a third party licensed by TDGW would give rise to a third party claim.
j) You must not post links to any unlawful material or to material that contravenes these rules.
k) You must not post any commercial material or adverts, nor may you use TDGW for commercial purposes including the use of TDGW to promote your products, without the prior consent of TDGW.
l) You may not use TDGW to solicit information on anyone under the age of 18.
m) Submissions to the forums are not pre-screened, however we do have the right (although not the obligation) at our discretion to review, edit, move or delete any material submitted.
n) TDGW accepts no responsibility for any statements, material or any other submissions by you or any third party, or for the loss or damage resulting from your breach of these rules.
o) You may only access the Forums & User Content Pages and become a registered user of TDGW if you are 18 years or older.  We accept no liability if you misrepresent your age in order to access and register.

11. Indemnity

You agree to indemnify TDGW, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of TDGW.

12.  Content Objections

If you object to any material on our website including the forums, please let us know by sending an email to info@thedailygoss.com with only the word objection in the subject line.  We will take appropriate action where deemed necessary.

13.  Variation of these T&Cs

We reserve the right, at any time, to modify, alter, or update these terms and conditions of use, and You agree to be bound by any such modifications, alterations or updates which are posted on the TDGW.

14. General

These terms and conditions are governed and construed in accordance with the laws of England.  You agree that the English court shall have exclusive jurisdiction but we my use another court if we choose.
Unless otherwise specified, TDGW is directed solely at individuals from the UK.  If you choose to access TDGW from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right to remedy of a third party which exists or is available apart from the Act.
TDGW is owned and operated by The Daily Goss Ltd, a company registered in England and Wales whose registered office is at The Daily Goss Ltd, 2nd Flr, 9-11 Richmond Buildings, Dean St, London, W1D 3HF.