toon1892.com ~ a site for Newcastle United fans everywhere...
Terms and Conditions of Use


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THIS WEBSITE

Welcome to toon1892.com, a site written by a Newcastle United fan for every Newcastle United fan, wherever you may be…

Preamble

The use of this site is fully dependent upon acceptance of the following terms and conditions of use (including the Privacy Policy) ("Terms of Use"). Should there not be full acceptance of these Term of Use then use of this site is prohibited and the site should be exited forthwith. Should acceptance be provided then please take note of the following:

  • Site refers to any and all pages contained within the collective of toon1892.com;
  • We, Us, I or Our refers to the site and/or the author, Kenneth H. Scott;
  • You or Your refers to You as an individual 'Viewer' and/or 'User' of this Site;
  • User(s) means any and all Visitors or Viewers of this Site.

We reserve the right to change any/all of these Terms and Conditions of Use as and when the need dictates and said changes will be with immediate effect. You should therefore check this page regularly for any such changes or updates to these Terms and Conditions of Use. Your continued use of the Site following any such change shall be deemed to be Your acceptance of such changes. In respect of any changes made to paid-for service(s) or content which may be accessible through the Site will only be made in strict accordance with the specific terms and conditions applicable to that/those particular service(s) or content.

These Terms of Use were last updated on Thursday, July 30, 2020.

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1. The Site

Currently access to the Site is provided completely free of charge (except for any/all specifically designated areas - see section 6 Additional Areas and any additional terms and conditions relating to such areas). Access is permitted on a mutually agreed temporary basis dependent upon your compliance with these Terms of Use.

  • 1.1 We reserve the right to suspend, withdraw and/or amend any/all service(s) provided on the Site without notice. We cannot guarantee the Site will be available without interruption as the servers are centrally hosted and as such we cannot be held liable if for any reason the Site is unavailable at any time, for any period of time. Our aim, but not obligation, is to continually update the Site, and you may therefore note changes to the content at any time, should the need arise. We may suspend access to the Site at any time, or even close it indefinitely/permanently, again should the need arise. See sections 7 Liabilityand 9 Termination or Suspension below for detailed information. This is however subject to the terms and conditions of any paid-for service(s) or content accessible through the Site and does not affect your statutory rights in relation to the said service(s) or content.
  • 1.2 This site does not currently necessitate the installation of any specific software, should you be asked to do so then please do not perform any such installation. You are responsible for using Your own virus protection and security software when using the Site and performing any configuration of Your computer or other personal device used to access, view content on and otherwise interact with the Site. 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 programmes, data or other proprietary material due to Your use of the Site or to Your downloading of any material published and/or hosted upon it, or on any website linked to it.
  • 1.3 We will NEVER ask you for ANY PERSONAL INFORMATION i.e. credit card information, banking information, etc. If you receive any requests for such purporting to be from Us be fully aware IT IS A FRAUD and should be reported to the authorities as per the laws pertaining to the country in which you are resident at the time of the request.
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2. Minors/Young People

It is realised that minors and/or young people may visit the Site, or otherwise interact with Us (and any of our commercial partners). All minors must have the permission of their parent(s) or legal guardian(s) before submitting or requesting any content or information to and/or from us, including any aforementioned commercial partners and/or other third parties, before buying anything through the Site. Details as to Our use of information relating to minors/young people is available in the Privacy Policy. We may therefore:

  • 2.1 ask Users to confirm their age before accessing certain parts of the Site and/or certain services on it, and minors or young people may be required to verify through their parent or guardian.
  • 2.2 ask that parent(s) or legal guardian(s) supervise minors/young people when online and we recommend parental control tools be put in place. Any minor/young person using the Site, and any service(s) offered, is confirming that they have received the consent of their parent(s) or a guardian to do so.
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3. Links to the Site
  • 3.1 You may link to the Site's pages where reasonably relevant and provided You do so in a way that is fair and legal and does not damage or take advantage of Our reputation, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of toon1892.com or the relevant author(s) pertaining to the linked material where none exists, nor in any unlawful manner. This permission is for a basic link only and, for the avoidance of doubt, does not extend to the display of any other content or material of Ours or of our contributors.
  • 3.2 You must not establish a link to the Site from any Site that is not owned by You. The Site must not be framed on any other website, nor may You create a link to any part of the Site other than as permitted in these Terms of Use. We reserve the right to withdraw linking permission without notice. The website from which You are linking must not contain any content that in Our opinion could damage Our reputation or that of our supporters/contributors. To the full extent permitted by law We reserve the right to require You to remove any link upon request by us.
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4. Links from the Site

This Site contains links to other websites and resources provided by third parties. toon1892.com owns and controls the Bookstore and through it ALL PAYMENTS ARE MADE VIA PayPal, please make reference to 1.3, above. Not withstanding said bookstore, We have no control over the content of websites linked to from the Site and accept no responsibility for them nor for any loss or damage that may arise from Your use of them. We recommend you read any terms and conditions and privacy policies relating to all other websites and any services or products sold on them.

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5. Acceptable Use Policy

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. Nor may You attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site, or attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You may commit a criminal offence under the Computer Misuse Act 1990.

If You contribute (become a Contributor) materials to the Site (Contributions) through any facility or methodology that We may at our discretion make available now or in the future, for that purpose and from time to time, You must take note of the following:

  • 5.1 Contributors MUST
    • 5.1.1 own the content (or have express permission to post it from the owner) of the Contribution;
    • 5.1.2 ensure matters expressed as facts are accurate, and opinions genuinely held; and
    • 5.1.3 ensure your Contribution complies with applicable law of the United Kingdon of Great Britain and Northern Ireland (UK) and any other country from which you make it.
  • 5.2 Contributions MUST NOT:
    • 5.2.1 be offensive, hateful, defamatory of any person, threatening, obscene, inflammatory, sexually explicit, violent, cause distress, discriminatory on grounds of race, sex, religion, nationality, disability, sexual orientation, or age;
    • 5.2.2 infringe the intellectual property, confidentiality, privacy and/or other rights of any other person or organisation;
    • 5.2.3 be contributed, or sent, for commercial gain (including any/all materials and notifications classified as spam);
    • 5.2.4 otherwise be illegal or promote illegal activity.
  • 5.3 Monitoring
    • 5.3.1 We do not monitor Contributions as a matter of course but We fully reserve the right to do so, as and when We deem appropriate, and totally at our discretion. From time to time We may (amongst other things) edit, refuse to post, remove or respond to Contributions, again at Our absolute discretion. No failure by Us to do so however constitutes any acceptance or endorsement of that Contribution.
    • 5.3.2 We accept no liability in respect of any Contributions submitted by Users/Contributors and published on the Site. No Contribution shall be deemed to express an opinion held Us.
  • 5.4 Reporting
    Please note that ANY/ALL contribution(s) which transgress any law within the UK WILL BE reported to the relevant authorities when it is either notified to Us, or discovered by Us, via our monitoring process.
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6. Additional Areas
Users may be able to subscribe and/or register to receive additional access to certain areas of the Site or to receive information from Us (Additional Areas). Access to Additional Areas may be subject to you accepting further terms and conditions which will be brought to your attention when you register or subscribe.

Subject to applicable law and any additional terms and conditions relating to the pertinent Additional Area, We are not obliged to accept Your request for registration or subscription to Additional Areas and reserve the right to suspend or terminate access at any time. Unless we expressly state otherwise, any acceptance of Your registration or subscription will be for You as a single user only. You must not share Your password, other access details or any content from the Additional Areas with any other person or User nor with multiple users on a network.

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7. Liability
  • 7.1 ALTHOUGH WE USE REASONABLE ENDEAVOURS TO ENSURE THAT THE INFORMATION AND MATERIAL(s) CONTAINED ON THE SITE IS CORRECT, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED, OR INFORMATION AND/OR MATERIAL CONTAINED ON OR ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT USE OF THIS SITE IS FREE OF RISK, VIRUSES OR OTHER DAMAGE.
  • 7.2 TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY LIABILITY, LOSS AND DAMAGE INCURRED BY ANY USER OF THE SITE IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF USE OF THE SITE, ANY WEBSITE LINKED TO IT OR ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE AND LIABILITY.
  • 7.3 THE SITE IS INTENDED PRIMARILY FOR PRIVATE DOMESTIC USE ONLY AND THEREFORE, WITHOUT LIMITING THE ABOVE, WE WILL NOT BE LIABLE FOR BUSINESS LOSSES INCLUDING LOSS OF INCOME OR REVENUE, PROFITS, BUSINESS, ANTICIPATED SAVINGS, OR LOSS OR CORRUPTION OF DATA AND ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
  • 7.4 NOTHING IN THESE TERMS OF USE AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. THESE TERMS OF USE DO NOT AFFECT YOUR STATUTORY RIGHTS.
  • 7.5 YOU AGREE THAT YOUR USE OF THE SITE (INCLUDING ANY CONTRIBUTION YOU MAKE) WILL AT ALL TIMES COMPLY WITH THESE TERMS OF USE AND YOU WILL BE LIABLE TO INDEMNIFY US FOR ANY BREACH OF THESE TERMS OF USE. THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF YOUR BREACH.
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8. Intellectual Property Rights
All intellectual property rights in the Site and the materials and content published on it including, without limitation, the design, text, photographs, images, illustrations, graphics, data, trade marks, logos, audio and/or video content, written and other materials, the selection and arrangement thereof and software, but excluding Contributions (Site Material) are owned by Us and/or Our respective licensors and commercial partners and are protected by copyright, design right, database right, trade mark rights and other intellectual property rights. All such rights are reserved.

Permission is granted to You to view the Site Materials on a single personal computer or other device and to print a single hard copy of such Site Materials solely for personal, non-commercial use. Access to some Site Materials may be subject to payment and acceptance of further terms and conditions by You (see section 6 above). Any other use of materials on this Site, including (amongst others) download, reproduction, modification, transmission, distribution, extraction, commercial exploitation or republication, without the prior written permission of toon1892.com, is strictly prohibited and You agree not to, nor assist any person to, carry out such acts.

If You use Site Material other than as expressly permitted by these Terms of Use then, in addition to all our other rights or remedies We may have, You must return or destroy all Site Materials in Your control or possession, as We may require. If You do not agree to this, You must not make any Contribution.

In relation to any Contribution you make, You grant Us a permanent, free of charge, worldwide right to display it on the Site to other Users and otherwise use and permit others to use that Contribution including (amongst other things) to adapt, broadcast, copy, disclose, sub-license, publish, sell and/or transmit the Contribution for all commercial and non-commercial purposes.

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9. Termination or Suspension
We may at any time terminate or suspend Your use of all or part of the Site and/or access to Additional Areas if:
  • 9.1 You commit a serious breach of any provision of these Terms of Use and/or other applicable terms and conditions, or commit a less serious breach which can be fixed and You failed to fix it within 28 days of Us notifying You to do so;
  • 9.2 We are unable to verify or authenticate any information You have provided to Us, where we reasonably need to do so;
  • 9.3 We decide to no-longer make the Site or Additional Area (or part thereof) available to Users. If access to Additional Areas has been paid for, this is subject to any additional terms and conditions and/or applicable refund policy;
  • 9.4 We are required to do so by law; or
  • 9.5 We need to undertake updating, repair or maintenance to the Site or technology relating to it. See the terms and conditions of any paid for Additional Area.
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10. Your Information
You must ensure that any/all information You provide to Us (including for access to Additional Areas) is both accurate and complete. With the exception of Additional Areas and in using the Contact Form we do not require any information from you and no personal identifiable data (PID) is routinely collected by Us. Any request for PID purporting to be from the Site should be deemed fraudulant, and potentially malicious, and should therefore never be complied with.
  • 10.1 The ONLY exception to this would be the automatic collection of your Internet Presence (IP) address upon using the Contact Form;
  • 10.2A Name and email address are the ONLY items of data We request from You. This information is not stored in any manner by Us once the need expires. This for example during the time it takes to carry out any conversation between us.
  • 10.3Any PID will Never be shared by Us to anyone other than relevant law enforcement services as required.
  • 10.4Your Name, as supplied via the Contact Form, or with your express permission may be used in the Links and Appreciations page(s). Should they be so, We agree to remove them at your request at any time, within an appropriate timescale.

We may report any breach of these Terms of Use by You which may constitute a criminal offence to the relevant legal authorities. We will co-operate with those authorities and/or any person alleging in good faith that Your breach has infringed their rights, by disclosing Your identity to such authorities and/or persons. In the event of such a breach, Your right to use the Site will cease immediately.

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11. General

You may use the information you find on this site for your own NON-PROFIT purpose(s) under the STRICT PROVISO that EACH AND EVERY instance of said information is CLEARLY indicated that it's origin is this site. Should you wish to use said information for any profit making venture then you MUST contact Us prior to doing so. This can easily be achieved by the use of the Contact Form.

If any of the terms in these Terms of Use are found to be unenforceable in law, such provisions shall be deemed to be deleted but the remainder of these Terms of Use shall continue in full force and effect.

Any failure or delay by Us in exercising our rights of remedies relating to these Terms of Use shall not waive said right/remedy and no waiver by Us will be valid unless expressly made in writing.

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12. Applicable Law
These Terms of Use shall be governed by, and construed exclusively in accordance with UK law. Any dispute arising under these Terms of Use shall be subject to the exclusive (non-exclusive in respect of consumers resident outside the UK) jurisdiction of UK courts. Top

We hope you find these Terms of Use accptable and continue to visit the site and enjoy your visit. Any feedback on any aspect of the site should be made via the Contact Form.
Thank You for visiting the Site.