Introduction

By accessing thefile.online (‘the Website’) you are agreeing to be legally bound by these terms and conditions as modified from time to time (‘the Terms’). Your use of the Website constitutes your agreement to the Terms.

Copyright

All intellectual-property rights, including copyright, associated with the content displayed on the Website (‘Content’) belong to The File or its licensors, unless otherwise indicated.

Use of content

The Website and the Content may only be used for your personal, non-commercial use. You may:

Retrieve and display Content from the Website on a computer screen

Print, but not photocopy, individual pages on paper

Store files in electronic form on disk (but not on any server or other storage device connected to a network)

Except as expressly stated in these Terms you agree not to:

Download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of The File.

Remove the copyright or trademark notice(s) from any copies of Content made in accordance with these Terms

Use the Content for any illegal or improper purpose

Requests to republish, redistribute or syndicate content should be sent to the editor matt@thefile.online

User Generated Content

Supporters of The File may be given an opportunity to interact with us and submit, post and/or upload content such as comments. In posting your content, you confirm to us that you are the owner or have consent from the owner to post the content and that the content does not defame any person, company or business or violate the privacy rights, copyright and other intellectual property rights, contract rights or any other rights of any person.

By submitting content, you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty-free worldwide licence to use any of the content that you post on or in connection with our services and you also irrevocably waive the benefit of any moral rights you may have in any such material. We do not claim any ownership rights in your content and you continue to retain all ownership rights in your content.

We do not endorse any user generated content nor do we guarantee the accuracy or authority of any user generated content. We reserve the right to remove your content and to remove, suspend or discontinue your opportunity to submit, post and/or upload content, at any time and for any reason at our sole discretion and without further recourse to you.

Disclaimer

We will always aim to provide you with the best service we can, but our service is provided “as is” and we do not and cannot promise that all of the information provided in our services will always be 100% accurate. The information provided by our services is for information purposes only and does not constitute advice. All our services are provided without any warranties or guarantees.

Some of the information provided by our services is supplied to us by our third party partners. We have no control over third party content and we are unable to guarantee the accuracy of such third party content. You agree that you access any content at your own risk. Before relying on any information, whether it is from us or from our third party partners, we advise you to verify the accuracy of such information.

Welcome to The File ………..“I may disapprove of what you say, but I will defend to the death your right to say it.” Voltaire 

Whilst we will do our best to ensure that our service is fully operational at all times, we are not responsible for and shall not be liable to you for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading third party content.To the extent permissible by law, we are not responsible for any loss or damage resulting from use of our services or from any content posted on or through our services.

Limitation of liability

Through your use of The File, to the maximum extent allowed by law, you agree to indemnify The File and any affiliates from and against any and all liabilities, Expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of The File, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms. If you are dissatisfied with any The File material or with any of these Terms, your sole and exclusive remedy is to discontinue using The File.

The File shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from the use of the Website directly caused by the negligence of The File.

Indemnity

You agree to indemnify and hold The File and any of its officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or a breach of any of these Terms.

Disclosure of personal information

The File will not otherwise use or disclose your personal information without your consent.

As required by law, court order or as requested by other government or law-enforcement authority

Suspension of access

The File reserves the right to suspend or terminate your access to the Website at any time, with or without notice or explanation.

Applicable law

These Terms shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or your use of the Website or arising in any way from the Content.

For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence, or where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

Modification of these Terms and Conditions

The File reserves the right to change the Terms of its use. You are responsible for regularly reviewing these Terms. Your continued use of spiked constitutes your agreement to all such Terms.

General

These Terms incorporate by reference all other policies, disclaimers and terms contained anywhere on spiked; provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control.

We collect contact information, biographical details, preferences, and other declared personal information about you when you provide it to us. For example, when you fill out our online forms, subscribe to, products or services, enter a competition run by us, respond to our promotions,  enquire about our products and services or participate in a reader forum or poll (which could be on any medium or platform, including social media), or when you engage with a chatbot on our sites.

We also collect information automatically from your devices when you interact with our websites or use our apps. This can include:

• Information about your device type, operating system, hardware, software, display settings and browser type to tailor your experience to your device (tablet vs phone)
• Unique identifiers, such as you Advertising ID (e.g. Google’s Advertiser Identification or Apple’s Identifier for Advertisers) to save your preferences against an identifier to display advertising
• Other unique identifiers like IP address, so that we can recognise if you have been to our websites before, allow your device to interact with our websites and apps
• Device settings such as general geographic location (this can be to provide services that have copyright restrictions, to show you content that is relevant to where you are, and tailor advertising to your interests)
• Device operations, such as information about how you’ve used the device on our sites or apps, so that we can tailor the experience based on the way you or similar users interact with our content
• Details of the products and services you are using and your navigation around, and interaction with, our products and services
• We may also collect information from cookies placed on your device and store other cookies and technologies.
• With your consent, we may also collect the specific location of your device or request access to data from other applications to provide certain services you have requested