Our aim is to encourage visitors to use the DINKY Guide, its website, downloads and publications to find inspiration, advice, guidance and general assistance in making considered decisions.
We do not normally pay fees to motivate writers (contributors) to create content. However, we do provide considerable high-worth advantage to contributors who qualify. It is essential that content is impartial, plentiful, professionally written, fresh, up-to-date, relevant and valid and there’s no better way to achieve this than through passion-driven dedication.
We work to a transparent principle (mission statement) that we are confident will encourage rapid organic growth:
DINKY Guide provides free information by engaging with experienced Contributors who share their skill and passion not solely for financial remuneration. This is achieved by raising professional profile and brand to motivate and enhance career opportunities. We encourage consequential revenue sharing through advertising, merchandising, commissions or similar as a direct result of our combined efforts.
We are confident that the integrity and honesty of our offer will encourage a mutually beneficial long-term relationship with our cCntributors and Users. Naturally, it is important that all parties understand how our system and relationship works.
These terms & conditions explain our engagement and are legally binding. The terms ‘we’ and ‘us’ means DINKY, a community website and platform administered in Cheshire, UK.
You may only use this Website if you agree to abide by these terms & conditions. If you are not willing to accept these terms & conditions you should cease to use our Website immediately.
Rights of Amendment
We reserve the right to append, modify or amend these terms & conditions at any time and will announce any such changes to registered members through the communication route they have chosen. Should you not accept such modifications you should cease to use the Website immediately. Continued use of the Website after the modified terms & conditions are notified will constitute your acceptance of the modified terms & conditions.
Registration and Eligibility
By accessing and/or using the Website, you represent and warrant that:
- You are over 18 years of age and are legally able to enter into this binding contract.
- Your use of the Website does not violate any applicable laws.
In order to complete registration to the Website, either as a Contributor or a Member, you will be asked to provide an e-mail address that will become your username and a password. You must treat such information as confidential and you must not disclose it to any third party.
You will be solely responsible for any activities undertaken on the Website under your username and for maintaining the security of your account information.
By choosing to register to use the Website you confirm that:
- All registration information submitted is truthful and accurate
- You will maintain the accuracy of such information and advise us of any changes.
We have the right to withdraw, disable or suspend your registration as a Member or a Contributor at any time if, in our opinion, you have failed to comply with any of the provisions of these terms & conditions.
We may at any time, in our absolute discretion, suspend, restrict, terminate or deny you access to the Website, remove your profile from the Member/Contributor section of the Website as appropriate and remove any Guides, reviews, comments or other content that you have posted or otherwise made available on the Website.
Should we terminate your access to the Website, you agree that we shall not be liable to you or to any third party for any termination, suspension or restriction of your use or for any consequences that may arise as a result of such termination, suspension or restriction.
We will determine, in our discretion, whether there has been a breach of these terms & conditions. When a breach of the terms & conditions has taken place, we may take such action as we reasonably deem appropriate.
Failure to comply with these terms & conditions may result in our taking some, or all, of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Website.
- Immediate, temporary or permanent removal of any posting or material generated by you on the Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- Any other action we reasonably deem appropriate.
We exclude liability for actions taken in response to breaches of these terms & conditions.
This agreement will remain in effect whilst you use the Website. Our rights and all disclaimers, indemnities, warranties and exclusions under these terms & conditions in particular, the sections headed ‘Warranties’ and ‘Indemnity’ shall continue upon the occurrence of any of the events listed above.
Our Commitment to You
We commit to supporting the contributor in any way we can to encourage the generation of their work. We equally commit to assisting the contributor in raising their profile in order to generate any possible income from 3rd parties for their work. How much this equates to in monetary terms depends on many factors, but mainly, the content that generates the biggest response will be likely to receive the largest financial opportunity.
Our technology allows us to track exactly and confirm the page views generated directly as a result of readers visiting your work and/or clicking from within it.
We reserve the right to audit any information we receive from third parties in connection with clicks throughout our site to prevent any artificial manipulation or any other activity that is designed to pervert or inflate the level of page views. We will determine, at our complete discretion, whether any manipulation has taken place and in what capacity and reserve the right to take action as a result.
The definition of a “Guide” will be at the discretion of the editorial team.
We reserve the right to make the content of the Website available for use by 3rd parties and others. If, as a result of others, we receive revenue which has been directly generated from your Guide you will be entitled to be notified and be compensated by negotiation.
Submitting your work to us does not constitute approval or posting on the Website.
Your work is treated as a whole and not constituent parts i.e. text, illustrations, photographs, video, audio sequences, graphics etc. No payment(s) will be made in relation to any constituent parts.
Your Commitment to Us
The Website is for personal use only. Any commercial use is prohibited.
Unlawful or unauthorised use of the Website, including the collection of data, usernames, documents, copy, e-mail addresses, details of other members of the Website etc. is prohibited.
Unauthorised adverts (commercial or otherwise), links or other forms of solicitation posted on the Website will be removed without notice, may result in termination of all agreements.
We reserve the right to take legal action should any illegal or unauthorised use of our website is detected.
If you become a Contributor you will agree to disclose detail of any commercial arrangement you have (present or past), with any 3rd parties that might have influenced your content. This will include, but is not restricted to, the provision of any incentive to you, financial or otherwise, which has encouraged, or may be perceived by readers to have encouraged, you to provide your content that may not be entirely impartial.
Ownership & Licence of Your Content
You accept herewith that you are solely responsible for any submitted Guides, reviews, comments, files, images, photos or any other material that you grant permission to publish on the Website.
You undertake and warrant herewith that:
- Your work is accurate and is genuinely held (where it states opinions).
- Your work is either your original or you are the sole absolute and unencumbered legal owner of the intellectual property rights (IPR).
- It does not breach any right, confidentiality or consent of any third party.
- It is not defamatory, libellous or obscene or unacceptable for use on the Website
- It is in full accordance with our Code Of Conduct
- It is not unlawful.
- It does not contravene any statutory or regulatory provisions
- It does not infringe the intellectual property rights, privacy rights or any other rights of any third party.
You are solely responsible for any photos, profiles (including your name, image, likeness and any personal information), notes, reviews, Guides, information, video, images and any other content that you grant to publish, upload or display on the Website or share with other users of the Website.
You may not upload, transmit or post on the Website any of your Content that you did not create or that you do not have permission to post.
You accept that we may, in our absolute discretion, review your work and may delete, edit or remove it (without notice) for any reason whatsoever.
You are responsible at your own expense for creating a back-up copy of any of your Content that you choose to upload, transmit or post onto the Website.
In consideration of us allowing you to display your work on the Website and, in the case of Contributors whose Guides have been uploaded under our terms & conditions, you agree and grant us a non-exclusive permanent irrevocable royalty free worldwide licence to publish your work, including photographs, images and media related to your work.
As the sole author of your work, including photographs or images which form part of your content, as long as its published on the website you agree to waive all rights of whatever nature to which you may at any time be entitled by virtue of any laws in force in any part of the world; and all related rights and powers arising or accrued, including the right to sue for damages and other remedies for any infringement of any of the rights listed above.
If you are not the sole author you agree to provide us, before your Content is published on the Website, written absolute waivers detailed above from all authors of your content.
In the event that you do not provide us with waivers before publishing yhour content on the Website we will assume that you are the sole author of your content.
In the event that licences and/or permissions in your content have been granted to third parties, or that your content has previously been published or uploaded onto other websites you agree to provide us with details of such licences and/or permissions with details of the publications.
If at any time you decide as a Contributor that you wish to revoke our licence granted above on any, or all content we will assign the copyright in your work back to you on the condition that you will provide us with a non-exclusive, permanent, irrevocable, royalty free, worldwide licence to continue to publish your work for a period of 12-months from said revoke.
Proprietary Rights over Content
All intellectual property rights (IPR) in relation to the Website including Guides, comments, reviews, files, images, photos or any other material are the property of ourselves, our users or our licensors with all rights reserved.
Our Content may not be copied, altered, distributed, reproduced, downloaded, scraped, transmitted or sold in whole or in part, by any means without our prior written permission.
Once you are registered as a User or a Contributor to the Website, you are granted a limited license to access and use the Website and to access our content for your own personal use provided that you abide by these terms & conditions.
In particular, except for your own Content, you may not republish or reproduce any of our content whatsoever or include any of our Content in any database or other compilation of content and any other use of the Website is strictly forbidden.
You may print and download extracts, of any page(s) from the Website for your personal reference. You must not modify the content or downloads of any materials in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and that of any Contributors as the authors of material on the Website must always be acknowledged. If you print off, copy or download any part of the Website in breach of these terms & conditions, your right to use the Website will cease immediately and you must, at our request, return or destroy any copies of the materials you have made. Your limited license to use the Website is subject to your acceptance of, and adherence to these terms & conditions.
In addition, the license does not permit the use of any scraping, data mining, intelligent robots or other extraction or gathering of information from the Website for whatever purpose. These terms & conditions include our policy for acceptable use of the Website and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website.
We reserve the right to reject, refuse to post, edit or remove any posting, or to restrict, suspend, or terminate your access to all or part of the Website at any time without notice.
Reviews of Guides
As the Website is a platform for the provision of information and the exchange of creative ideas and opinions whether by way of reviews of your Content, reviews of other Contributors’ contents or responses to comments posted by you, we will do our best to assess any possible risks for users from third parties when they use the Website. However, we are under no obligation to oversee, monitor or moderate any services provided on the Website.
You may find that you do not agree with the comments of others. Comments made may be negative as well as positive. Accordingly, you agree to waive your right to object to derogatory treatment of your Content. We expressly exclude our liability for any loss or damage arising from the interaction of other users in relation to the services provided on the Website whether in contravention of our content standards or not.
You are solely responsible for your Content posted by you and all other material you transmit to us or other Users. You represent and warrant that you own your content posted by you on the Website or have the right to post the content on the Website; you represent and warrant that Your Content does not:
- infringe the privacy rights, publicity rights, intellectual property rights or any other rights of any person.
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- breach the Official Secrets Act or any other legislation or is otherwise unlawful.
- contain any content which is prohibited (please see Content Which Is Prohibited section below).
You agree to indemnify us and hold us, any of our subsidiaries, parents or affiliates, and each of their directors, employees, agents and subcontractors, harmless from and against any liability, damage, claim, loss, demand or expenses (including any associated costs) arising out of or in connection with any breach of these terms & conditions.
We are providing a freely hosted platform to promote content. We assume no responsibility for monitoring the Website for, amongst other things, inappropriate or unlawful content, including but not limited to defamatory content.
Content may not always be reviewed by us prior to it being published and may not reflect our opinions, views or policies.
While we will use our best endeavours to ensure that any inappropriate content is deleted from the Website when it is brought to our attention, we expressly exclude liability for the content or any damage you may suffer as a result of the content displayed on the Website which is provided without any guarantees, conditions or warranties as to its accuracy or lawfulness.
To the extent permitted by law we expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it. This includes, without limitation, any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any other liability which cannot be excluded or limited under applicable law.
Content Which Is Prohibited
The following is an example of, but not limited to, the kind of content that is illegal or prohibited on the Website. Material that:
- is libellous, defamatory, offensive, hateful, inflammatory or obscene;
- is likely to deceive any person;
- is offensive or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- is threatening, abusive or will invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- exploits people in a sexual or violent manner;
- contains images of nudity, violence, or offensive subject matter or contains link(s) to an adult website;
- solicits personal information;
- provides any personal information excluding those with express permission or other commercial enterprise being reviewed in the Guide;
- promotes information that you know to be false or misleading;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorised copy of another person’s copyrighted work;
- providing information to circumvent manufacture-installed copy-protection devices;
- providing pirated music or images or links to pirated music or image files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”;
- furthers or promotes any criminal activity fraud or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal information for commercial or unlawful purposes from other Contributors or Members;
- involves commercial activities and/or sales without our prior written consent;
- includes a photograph(s) or media owned by another person without that person’s consent;
- Impersonate any person, or misrepresent your identity or affiliation with any person.
Information provided by other Users may contravene this prohibition, and we assume no responsibility or liability for any material posted in contravention of these terms and conditions.
Activity Which Is Prohibited
We reserve the right to investigate and take appropriate action against anyone who, in our sole and absolute discretion, violates these terms and conditions, including but not limited to reporting that person to the relevant law enforcement and regulatory authorities as we see fit.
The following is an example of, and not limited to, the kind of content that is illegal or prohibited on the Website.
- Criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Advertising to, or solicitation of, any Contributor or User to buy or sell any products or services through the Website.
- The transmission of any chain letters or junk e-mail.
- To use any information obtained from the Website in order to contact, advertise to, solicit, or sell to;
- Cover or obscure the banner advertisements or any other content on the Website via HTML/CSS or any other means;
- Any automated use of the system;
- Interfering with, disrupting, or creating an undue burden on the Website or the networks or services that support the Website;
- Attempting to impersonate another person or accessing the account, username or password of another Contributor or Member;
- Selling or otherwise transferring your profile;
- Using any information obtained from the Website in order to harass, abuse, or harm another person;
- Accepting payment or anything of value from a third party in exchange for your performing any commercial activity on or through the Website on behalf of that party, such as placing commercial content on your profile, posting comments with a commercial purpose or creating a profile with a commercial purpose as one of your aims;
- Using the Website in a manner which breaches any applicable laws and regulations;
- Using the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- Knowingly transmitting any data, sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these terms and conditions;
- not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party
You may not post, modify, distribute, or reproduce on the Website any material protected by copyright, trademark or other proprietary right belonging to others without obtaining their prior written consent.
As we act as a host for what is a creative platform for the exchange of literary work, images and ideas we operate a “notice and takedown” procedure. If you believe the Website contains information that is incorrect or a defamatory statement please notify us. Should it result in the need to remove any content, we will make all reasonable endeavours to remove such within a reasonable time.
Viruses, Hacking and Other Offences
- You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
- You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Linking To Our Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you and our Website must not be framed on any other site.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
Links from Our Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Events Beyond Our Reasonable Control
We will not be liable to you for any delay or other failure to comply with our obligation (if any) where the delay or failure arises from any event or cause which is beyond our reasonable control.
Reliance on Information Posted
Any material posted on the Website is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Our Right to Delete or Edit Your Content
Before Guides are deemed to be acceptable for publishing on the Website it will be reviewed by us.
Whether or not updated material is published on the Website is at our sole discretion and any decision is final and it does not have to be justified or explained.
We may delete or edit Your Content at any time for any reason. We will not be required to give you a reason for deleting or editing such content or to enter into any dialogue.
Third Party Software
In order to make full use of the Website you may need to download software and content which may include additional terms and conditions. Such terms and conditions will be deemed incorporated into these terms and conditions to the extent that you download such software or content.
This agreement represents the entire agreement between us relating to its subject matter, meaning that no other terms expressed or implied apply or govern your contractual relationship with us.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English Courts. If some, or all of this agreement is adjudged in Court to be unlawful but would be lawful with deletion or amendment then such amendment will be incorporated.