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Welcome to the terms and conditions page of the website of "The First Time "
Please read theses Terms and conditions of Submission carefully BEFORE submitting any work, as by submitting work you become bound by them.For your own records, we recommend printing and keeping a copy for future reference.
Start of terms and conditions
1.By emailing your document to " The First Time " at any of the email addresses that end with the suffice
@the-first-time.co.uk ( preceeded by a relevant pre-fix) you agree to these terms and conditions on the day and the time the email was sent and
thus agre to be bound by them wholly and fully without exception.Failure to adhere closely to these Terms and conditions of Submission may render you,
as the provider of the document, liable for any action taken further as a result of inaccurate submission , whether by us, our agents, our publishers,
any third party, or any law enforcement or copyright enforcement agency.2. By submitting a document, under these Terms and conditions you, as the provider
of the document, confirm that (a) the work is all your own (b) you pass the copyright to us for our exclusive use, in any means , format or media for promotional or publishing use,
how so ever we , our agents, publishers or anyone acting on our behalf choose without the necessity for any further consent from you and without the need
for any payment to you, for the submission, subject to acceptance by us.
(d) The document is factual. The document contains no ofensive material, is not slanderous is solely your opinion of factual matters and was written by you purposefully
for submission into this programme,publication, competition as per the terms and conditions of submission (e)The documentor any variant or any version or any
extracts has ( have ) never been published previously, in part or full.(f)The document is entirely true and honest,contains no offensive material, does not
contain or refer to any other person or persons by real names or assumed names or professional name or character names, other than those who have explicitly
agreed for participation in the document. Anybody referred to or included under the previous exclusion has given you written and full consent for release
of material, quotes, words or their opinions expressly and in writing with no reservations, clause or expected payment due in turn.(g) Where work submitted does not meet the standards as set out in the submission guidelines, "The First Time" reserves the right without exception to charge alteration and correction fees as necessary to align the standard of the material provided with that of the submission guidelines, which form part of these terms and conditions of submission.Under no cirucmstances shall the correction or rectification fees charged exceed any commission due to the submitter(s), should one be offered voluntarily by us as part of these terms and conditions. 3 Where you are invited to submit any contribution to the-first-time.co.uk (including any text, photographs, graphics, or audio) you agree, by submitting your contribution, to grant The First Time a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise
all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in The First Times Privacy Policy (available on request) If you do not want to grant to "The First Time " the rights set out above, please do not submit your contribution
to the-first-time.co.uk.
Further to paragraph / clause 3, by submitting your contribution to the-first-time.co.uk, you:
(i) warrant that your contribution;
(a) is your own original work and that you have the right to make it available to the The First Time for all the purposes specified above;
(b) is not defamatory; and
(c) does not infringe any law; and
(d)indemnify "The First Time " against all legal fees, damages and other expenses that may be incurred by them, their agents or any body acting on their behalf as a result of your breach of the above warranty; and
(e) waive any moral rights in your contribution for the purposes of its submission to and publication on the-first-time.co.uk and the purposes specified above. Here are the terms and conditions (the legal notice)
which will apply to you when you use this site and the content found on it.
4. By visiting our site you are legally accepting these terms. If you are not willing to accept them, we would ask that you leave the site immediately. We have tried to avoid the usual legal jargon and make them as easy to
understand as possible - they are important so please read them carefully.
5.Commercial agreements. Commercial agreements between " The First Time " and its subsidiaries (the Publisher) and individuals or organisations whether as principle or agent (collectively called the Client) will be governed by the terms and
conditions set out below.This text is written so as to be clear and meaningful. In the event of any doubt or misunderstanding advice should be sought.
The commercial agreements (the Order) covered by these terms and conditions include but are not limited to advertising, sponsorships, event organisation, project management, design, printing, incorporation into other
printed works or publishing, digital publishing and brand promotion (the Work).
The Client may give the Order to the Publisher verbally, electronically or in writing. The Publisher will act in good faith on receipt of the Order and will consider the Order to be a binding agreement.
Where a professional submission has been requested , offered, or provided ,for the sake of clarity a signed agreement document should be presented to the Publisher prior to the commencement of any work undertaken by
the Publisher on behalf of the Client.
The Publisher will act in good faith at all times and will keep the Client informed with regard the Work. The Client will also act in good faith and similarly keep the Publisher informed.
(I) Indemnity. The Client agrees to indemnify and hold harmless the Publisher from any claim arising out of the publication of any material given to the Publisher for use in the Work.
a) The Publisher has the right to refuse to use any material supplied by the Client.
b) In order to satisfy the requirements of the Office of Fair Trading and the Trade Descriptions Act the Publisher reserves the right to insert the word Advertisement or text of a similar meaning alongside any material
used by the Publisher in the Work.
c) The Publisher will not be held responsible for any costs or damages beyond the agreed fee charged to the Client by the Publisher where the Client has prepaid such fee.
(II) Payment. All fees are payable within 30 days of the date of invoice. Although the Publisher will invoice a third party if asked the Publisher draws attention to the fact the Principle is ultimately liable and responsible
for all outstanding payments due for the Work. Even in the event of default by an Agent.
a) If the Client has been granted a discount (for example for a series booking) but does not pay the Publisher reserves the right to revoke the discount so that the Client is liable for the full price of the advertisement.
b) Where the Client fails to complete a series booking of display advertisements a charge equal to the series discount amount will be made.
III) Cancellation. Trading considerations and scheduling requirements mean that cancellation of an Order by the Client is not usually allowed. However, when cancellation is allowed the following conditions apply:
a) All advertising (including but not limited to Display, Classified and Lineage advertising in the The First Time books, magazines and related publications and electronic advertising) can only be cancelled by sending a written
cancellation note no later than 30 days before the closing date to the Publisher. The Client must obtain written acknowledgement of receipt of the cancellation.
b) Series discounts will be revoked and an additional charge will be made to cover the difference.
c) Where the Publisher undertakes work in advance of publication or for Work that does not involve publication, then:
(*) For event organisation: cancellation less than eight weeks prior to the event date is subject to a penalty of 80% of the whole amount of the fee.
(**) For digital or interactive or Internet-based projects: cancellation less than eight weeks prior to the commencement date is subject to a penalty of 90% of the whole amount of the fee.
(***) For special reports, supplements and bespoke publishing projects: cancellation 26 weeks prior to publication date does not incur a penalty. Cancellation 10 weeks prior will incur a 50% penalty. Cancellation 8 weeks prior to publication will incur an 80% penalty.
(****) When the Client orders the Publisher to perform work involving more than one medium then the notice of cancellation period without penalty is the longer of the stated notice periods.
6) Performance. The Publisher will take all reasonable care to ensure that the Work is carried out in accordance with the Order. In particular the Publisher will pay attention to timeliness, print quality, confidentiality, copyrights and similar intellectual property rights,
advertising positions and health and safety. However, note should be taken that:
a) The positioning of an advertisement is at the discretion of The Publisher except when the Client has paid the preferred position charge and The Publisher has confirmed the availability of this position in writing.
b) The Publisher will not return any materials submitted by the Client unless by prior written agreement. The Publisher reserves the right to dispose of any materials supplied by the Client after use.
c) The Publisher is not responsible for errors, mistakes or mishaps in the execution of the Work except where such occur through:
i) the express action or inaction of the Publisher when
ii) such might have been reasonably prevented and
iii) such is reasonably within the control of the Publisher.
6) Responsibility. The Client has a responsibility to take all necessary steps so that the Publisher can successfully carry out the Order. In particular the Client must pay attention to timeliness, confidentiality and the
quality and suitability of the materials supplied to Publisher.
7) Ownership. Except when expressly informed by the Client all materials supplied for use by the Publisher in the execution of the Work will be supplied free of charge. Also:
a) The Publisher will assume the right to use all such materials without limit;
b) Except when otherwise agreed ownership of copyrights and similar intellectual property rights over all Work produced in the execution of the Order will be assigned to and rest with the Publisher;
i) This does not of course apply to established Trade Marks and other symbols already owned by the Client.
c) No use of protected materials assigned to or owned by the Publisher is allowed without the express written permission of the Publisher.
8) Dispute. The laws of England and Wales govern all Orders. The English Court shall be the proper forum for any action commenced either by The Publisher or by the Client.
a) All reasonable steps will be taken to resolve any dispute prior to legal action.
b) Complaints seeking damages of any sort must be made in writing within four days of completion of the Work or the execution of the Order. The Client will lose the right to any compensation if complaints are not made promptly.
9) The Terms & Conditions above are binding and form an integral part of the legal contract that is considered to exist be the Publisher and the Client from the time of the Order. Other terms and conditions may be applied if agreed in writing and signed by the Publisher’s executive management. In addition:
a) Any waiver of any of the points written above does not mean that all the other points do not still apply. Nor that the waived point may not be re-applied.
10 Our Site
You are welcome to view and print hard copies of anything on the site for personal use. However you are not allowed to copy or use anything on our site for any other purpose, unless authorised by the publisher This includes not only business and commercial but also educational purposes.
We also state that you are not allowed to modify, distribute or re-post anything from our site at all. We try to make sure that our site is well maintained but we cannot guarantee that it is free from viruses or defects, or that your use will not damage your computer. Nor do we take any responsibility for damage to any other equipment due to down loading any material from the site. Neither will you be able to claim against anyone who may have helped us put it together. We cannot guarantee that the site will always be available without interruptions - as we do make changes to the site frequently and may have to take the site down, without warning, at any time. We also try to make sure that everything on our site is as accurate as possible but we do not promise that it is, or take responsibility for, any mistakes that we may have made - you use our site at your own risk. We take no responsibility for any views, omissions or errors found on our site, and assume no responsibility for its contents.
11.Other Web Sites
We cannot take responsibility for, or endorse the content of, any other web site you may access through our site. The links are provided as a means of assistance and convenience to those accessing our site.
12.Privacy Policy
If you do give us any information in order to either receive information from us, or join one of our chat pages or notice boards we will collect and store it in accordance with the Data Protection Act. Any information given to us via the site will only be passed on to other organisations with your prior consent.
13.Information should not be transmitted to or within the site that is in any way libellous, obscene, discriminatory, defamatory, seditious, blasphemous, threatening to other individuals, in breach of copyright or confidentiality, or otherwise unlawful.
Users are legally responsible for what they submit to the site and accept full and unlimited liability for their submissions. Furthermore, by submitting material for inclusion, the user hereby agrees to indemnify "The First Time " and associated partners and commercial suppliers of services against all claims (damages, losses and compensations)
resulting from their submission.
14.In so far as is lawful, submission of material for publication by electronic or other means by "The First Time " or an associated Company constitutes the assignment of Intellectual Property ownership rights from the originator to the Publisher.
No liability extends to owners of the site or organisations, partners or individuals explicitly directed by such owners for the purposes of developing, managing or otherwise supervising the site.
All messages should include the full name and return e-mail address of the message sender.
All messages and submissions may be edited or removed at the discretion of the site owner or site moderator.
15.Governed By:In the event of any dispute with us, these terms and conditions will be governed by English law. If any one of these terms are considered unlawful then they shall be deemed severable and shall not affect the validity and enforcement of the remaining terms or conditions.
16.This site is owned by "The First Time " , if you have any further queries or comments concerning these terms and conditions please you can contact us
17.By submitting material to "The First Time ", you represent and warrant that: The First Time , our customers, our agents, and our licensees shall not be required to make any payments with respect to material that you submit to our sites under these Terms, other than the pre-agreed maximum of £ 50 ( fifty pound sterling ), including but not limited to payments to you, third parties, publishers,
mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds;
you have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms;
the material that you submit to our sites does not contain "samples" , "extracts" or material in any way, media (known or yet to be discovered) of any third party’s composition or material and will not infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary right,
rights of publicity or privacy, or moral rights;
the material that you submit is not and will not violate any law, statute, ordinance, or regulation; and
the material that you submit is not and will not be defamatory, trade libelous, pornographic, or obscene. By submitting content to us, you grant us and our business partners a worldwide, nonexclusive, license to:
host your materials on our servers and those of our business partners;
display your materials to users on our Web sites and our business partners’ Web sites, in whole or in part, alone or in compilation with content provided by third parties;
make your material accessible to users and those of our business partners .
make your material accessible, at your discretion, to users and those of our business partners for download;
copy your materials to our servers or those of our business partners;
re-encode your materials;
edit your materials to ensure that they comply with our policies and guidelines;
use any trademarks, service marks, or trade names incorporated into your material and use the likeness of any individual whose performance is contained in your material.
End of terms and conditions