Terms & Conditions
In these terms and conditions, the term “you” means you the user; and the terms “ONK”, “we”, “us” and “our” means the ONK. You can contact us with any questions, queries or complaints by post at this address or by email.
1.1 This website is owned and operated by the ONK (the “Website”). Where we refer to “Content” in these terms and conditions we mean all content, information and material, including software, technology, text, links, forum posts, chat posts, messages, emails, music, sound, graphics, pictures, video, and all audio visual or other material appearing on or emanating to and/or from the Website.
1.2 These terms and conditions (as amended from time to time) govern your use of this Website and any related webpages under our control (including, those on social media sites, such as our official pages on Facebook and Twitter) as well as the chat and bulletin-board or forum facilities on the Website. Where we use the term “Website” in these terms and conditions we therefore mean this website and all those associated content pages.
1.3 You understand and agree that we may add to or change these terms and conditions at any time. New terms and conditions are effective immediately upon posting on this Website. Your continued use of the Website shall constitute on-going acceptance of these terms and conditions, as updated from time-to-time. We therefore recommend that you check this page regularly.
1.4 If you do not agree with these terms and conditions, please do not use the Website.
2. Age Limit
2.1 You must be at least 18 years of age in order to use the website.
3.1 The Website may include hyperlinks to websites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such websites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those websites may collect. Linking to any other service or website from this Website is at your own risk.
3.2 Any third party website that links to this Website must not:
create a frame or any other browser or border environment around our Content, unless previously agreed with us;
harvest Content either from our pages or our feeds and repackage for public use, unless previously agreed with us;
imply that the ONK is endorsing it or its products or services;
use any the ONK trade mark without permission from us;
infringe any intellectual property or other right of any person;
be a website that contains content that could be construed as distasteful, offensive or controversial.
3.3 the ONK expressly reserves the right to request that any link which is in breach of these terms and conditions be removed and to take whatever other action we deem appropriate.
4. Content Provided By You
4.1 “UGC” means Content that you upload to the Website.
4.2 “the ONK Content” means (i) all Content, excluding UGC, (ii) the design and appearance of the Websites, and (iii) the software which powers the Website.
4.3 You understand that your communications on the Website are not private or confidential and may be viewed by others accessing the Website.
4.5 We reserve the right, but undertake no duty, to review, edit, move or delete any UGC in our sole discretion and without notice.
4.6 We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted as UGC. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not represent the view of the ONK. You agree that, to the maximum extent permitted by applicable law, we have no responsibility or liability to you for UGC including for any failure to or delay in removing UGC.
4.7 You are solely responsible for your UGC and may be held liable for UGC that you post. In this regard, you agree that you will not:
Upload UGC that is disruptive to the flow of chat, hateful, abusive, racist, sexually offensive, defamatory, threatening to another user, infringing of third party rights (such as copyright, trademark, trade secret or any other personal or proprietary rights), invasive of personal privacy or publicity rights, or in our reasonable view, otherwise objectionable.
Impersonate another person (including celebrities), indicate falsely that you are an employee or a representative of the ONK or its business partners.
Upload any UGC that you do not own or have the rights to upload or that is illegal.
Promote any form of illegal activity including (by way of example) hacking, drug taking, terrorism, cracking or distribution of counterfeit software.
Post messages for any purpose other than personal communication, including junk mail, advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
Modify any part of the Website.
4.8 When you upload UGC, you grant us a non-exclusive, perpetual (i.e. lasting forever), worldwide, irrevocable right to exploit it in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party and you waive, and agree not to assert any moral or similar rights you may have in your UGC.
5. Use Of The Website By You
5.1 You may retrieve and display Content from this Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of any Content.
5.2 You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
5.3 Other than connecting to the ONK servers by HTTP requests using a web browser, you may not attempt to gain access to the ONK servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
5.4 You agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any Content.
6. Intellectual Property Rights
6.1 All Content and other material on the Website is owned by us, our users or our third party licensors (and is protected by international copyright, trade dress, design, patent, and trade mark laws, international conventions, and other laws protecting intellectual property and related proprietary rights).
6.2 You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices appearing on the Website. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the ONK Content.
6.3 Making unauthorised copies of the ONK Content found on this Website may result in the prohibition of your use of the Website and further legal action.
7. Copyright Complaints
7.1 We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate the access of users who infringe the rights of others.
7.2 If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright, please contact us.
8.1 You agree to indemnify the ONK and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your UGC, from your unauthorised use of our Content and from your breach of these terms and conditions.
9. Competitions And Prizes
9.1 From time to time we may run competitions, free prize draws and promotions on the Website.
The following terms and conditions apply to competitions and prize draws unless otherwise stated:
9.1.1. Prize draws and competitions are not open to employees (and their immediate families) of the ONK, their agents, or anyone connected with the competition or prize draw in question. All entrants must be aged 18yrs or over.
9.1.2. Only one entry per person unless otherwise specified. Collective and/or proxy entries are not allowed. Where applicable complete the webform or send in your paper entry form.
9.1.3. All prizes are subject to availability and the ONK reserves the right to exchange them for items of equal or greater value.
9.1.4. Prizes are non-transferable, cannot be exchanged for cash and must be redeemed within 12 months of the competition closing date.
9.1.5. Where applicable, paper entry forms must be on the official entry form in ink. Any damaged, defaced or illegible entry forms will be automatically disqualified.
9.1.6. All paper entry forms become the property of the ONK and will not be returned.
9.1.7. No responsibility is accepted for any paper entry forms lost or damaged.
9.1.8. Prize draws, the winner(s) will be drawn at random from all valid entries received by the closing date. In respect of competitions, the winner(s) will be the entrant(s) who, in the opinion of independent judge, complete(s) the skill-based task in the most apt, impressive and appropriate manner (the judge’s decision is final).
9.1.9. No correspondence will be entered into regarding the selection of the winner(s).
9.1.10. To request the name and county of the winner(s), please email the ONK after the date for selecting the winner.
9.1.11. The winner(s) agree to have their name(s) published as winner(s) and to take part in any publicity arranged by or on behalf of the ONK in connection with the applicable prize draw or competition.
9.1.12. Prizes unclaimed after 60 days will be deemed to have been forfeited and the ONK reserves the right to offer the prize to another entrant.
9.1.13. The prize draws and competitions are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
9.1.14. We may share your details with the third party sponsor or prize-giver of the competition, but only if you have given your consent on the competition entry form to stay updated with news or offers from us and/or the prize givers.
9.1.15. For any competition involving food or drink, the competition is valid for UK entrants only.
9.1.16 For any competition involving nights out or overnight stays or experiences, entrants must be aware that travel expenses are not included as part of the prize unless otherwise specified.
9.1.17 By entering a prize draw or competition, each entrant agrees to be bound by these terms and conditions.
10. Additional Rules
10.1We reserve the right to post, from time to time, additional terms and conditions that apply to specific parts of the Website. Such additional terms and conditions will be posted in the relevant parts of the Website, and will be clearly identified. Your use of those parts of the Website constitutes your agreement to those additional terms and conditions.
11. Disclaimer Of Warranty And Limitation Of Liability
11.1To the maximum extent permitted by applicable law, you expressly agree that your use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis for your use, and to the extent permitted by applicable law, the ONK hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Website.
11.2 the ONK does not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website. We do not guarantee that you will be able to access or use the Website at times or locations of your choosing, or that we will have adequate capacity for the Website as a whole or in any specific geographic area.
11.3In no case shall the ONK or its licensors, employees, officers, or directors (“the ONK Affiliates”) be liable for direct, indirect, special, consequential or punitive damages arising from your use of the Website, the internet or for any other claim related in any way to your use of the Website, including for viruses alleged to have been obtained from the Website, your use of or reliance on the Website or any of the information or materials available on the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Les Deux Messieurs and Les Deux Messieurs’ Affiliates’ liability shall be limited to the full extent permitted by law. Les Deux Messieurs does not endorse, warrant or guarantee any third party product or service offered through the Website and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
11.4 the ONK liability will not be limited in the case of fraudulent misrepresentations, death or personal injury directly caused by the ONK negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
12.1We have the right to terminate your ability to access the Website, for any reason, without notice.
14.1 In the event that any term of these terms and conditions is held to be invalid or unenforceable, the remainder of the terms and conditions shall remain valid and enforceable.
14.2 These terms and conditions are governed by and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the courts of England and Wales.
14.3 If you need any help or have any questions, please feel free to contact us at the postal or email address set out at the head of these terms and conditions.