The following Terms and Conditions comprise an enforceable legal agreement between [ ] ("we", "us") and you in relation to your use of this website ("the/this Agreement"). You will be required to click where indicated below to indicate your acceptance of these Terms and Conditions and this Agreement before you can upload any Content. By so doing, you confirm that you are at least 18 years of age and that you have read these Terms and Conditions. These Terms and Conditions, and the Agreement, which may be amended by us from time to time and details of which will then be posted on this site, constitute our entire agreement with you. You should therefore check back on this site for any such changes, from time to time. If you disagree with any of these Terms and Conditions or this Agreement or if there is any matter that you are not prepared to accept then you must stop using this site and terminate any proposed transaction with us. Your completion of any transaction will constitute conclusive acceptance by you of all these Terms and Conditions. The operation of this site is subject also to the Privacy Policy reproduced below. You may not reproduce or use this website or any part of it for any commercial purpose without our express prior written consent.
We may use third parties to provide certain services, to which you may link from Our Website. Those third parties may have their own terms and conditions of use, to which you will then be subject in addition to these Terms and Conditions, and this Agreement. We are not responsible for third parties' terms and conditions, nor for the content or any other aspect of any third party website, nor for any consequences of your visiting any third party website.?
(a) "The Telemapping Service" means any or all of the online services that we offer and provide, including all related technology, processes and materials that are used to provide such services.
(b) "Content" means any Image, film or moving images, text or similar content or any of them or any combination of the foregoing. "Your Content" means Content that has been contributed by you.
(c) "Image" means a photograph, picture, drawing, illustration, clipart, font, graphic, composite or other pictographic representation. (d) "Our Website(s)" means the web site located at the domain name www.[ ] and at such other domains or subdomain names as may be used by us from time to time to identify web sites on which we offer the Telemapping Service in whole or part.
(e) "Our Database(s)" means one or more digital libraries or catalogues of Content maintained and accessible via the Telemapping Service and/or Our Website.
(f) "Model Release" means a written document of release signed by or on behalf of any living person or the estate of a deceased person or (as the case may be) the representative of a minor whose likeness is incorporated in whole or in part in any Image.
(g) "Property Release" means a written document of release from the owner and/or occupier of any property whose permission is necessary or may be considered desirable in the case of an Image reproducing that property in whole or in part.
(h) "Release" means (where the context admits) a Model Release, a Property Release or any other release of a third party right including without limitation copyright, trade mark or any other intellectual property right, which is necessary or may be considered desirable to obtain in respect of any Content.
(b) Acceptance of any Content by us will be at our sole and absolute discretion and we shall be entitled without having to give any reason to reject or delete or remove any Content at any time.
(c) We shall have the right during the Term to rename and/or to encode any files and data / metadata comprising Your Content and to remove references to any third parties including without limitation references to third party websites, services, goods, products and businesses.
(d) We shall have the right to link Our Website and Your Content to social networking sites, such as MySpace, Facebook and similar sites (whether or not now in existence). Subject as provided in Clause 7(b) below, you agree to abide by and to comply with the terms and conditions of those sites.
(e) We shall have the right to include Your Content (whether as the primary Content or ancillary to other primary Content (for example, and without limitation audio or musical Content) in RSS feeds, mobile devices, MMS, posters, flyers, social bookmarking services and other media.
(a) to transfer all Your Content as contributed by you to one or more of Our Databases and to store Your Content in Our Databases;
(b) to use all Your Content without charge and without the need for prior consent in any and all media and formats, including without limitation in print and other offline or online media, in or for the promotion and marketing of Content, Our Website and/or the Telemapping Service.
(b) You will not use the Telemapping Service to post, create, market or sell any Content that either (i) infringes the rights of any third party, including, without limitation, any copyright, trademark, patent or right of privacy or (ii) is defamatory or (iii) contains explicitly sexual content (including nudity), or (iv) offends any ethnic, racial, gender, religious or other group through use of language, images or otherwise, or (v) harasses, threatens or abuses others, or (vi) exploits minors, or (vii) encourages or promotes the use of drugs or (viii) is otherwise offensive or in bad taste.
(c) You will not directly or indirectly (i) seek to interfere with the Telemapping Service by employing any virus or other program or technology to disrupt or damage any software or hardware, or (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Telemapping Service, (iii) employ a robot, spider or any other device or process to monitor the activity on or copy pages from Our Website, (iv) collect information (including without limitation electronic mail addresses) from third parties by using the Telemapping Service or (v) prejudice or interfere with any third party's ability to use the Telemapping Service.
(a) that you are and will be the sole owner and controller of the copyright and all other rights in and to all items of Your Content and that none of Your Content infringes or will infringe the rights of any third party. Without limiting the generality of the foregoing you hereby warrant that at the time of supply to us of each item of Your Content you will have (where applicable, and as the case may be) all necessary signed and valid Model Releases and Property Releases;
(b) that there is and will be no restriction, obstacle or impediment against our ability and entitlement to include and exploit all of Your Content without restriction as provided in this Agreement;
(c) that all information that you provide for display with any Content, including without limitation captions, key words and descriptions does not and will not include information that does not relate directly to the applicable Content, such as (without limitation) rights management information, contact details, web addresses and Uniform Resource Locators (URLs);
(d) that you will comply fully with all these Terms and Conditions, and will abide by all restrictions contained in this Agreement;
(e) that you will not provide us with any Content the supply of which would conflict with any contract, agreement or arrangement that you have entered into with any third party, such as (without limitation) agencies;
(f) that you hereby agree to indemnify save and hold us and our licensees and assigns harmless from any and all damages liabilities costs losses and expenses (including legal costs on a full indemnity basis) arising out of or connected with any claim demand or action which is inconsistent with any of the warranties representations or agreements made by you in this Agreement.
(b) Any links that we provide to other websites are given on the strict understanding that we do not control those third party sites and so we cannot be responsible for their content or for any consequent loss suffered by you. You hereby waive any and all claims against us in respect of any matters arising from any such links.
(c) To the fullest extent permitted by law, and except as otherwise specifically published on Our Website or as required by law we shall not be liable to you as a result of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under any of the specific Terms and Conditions of this Agreement for any loss of profit or for any indirect, special or consequential loss or for any damage, cost, expense or other liability howsoever caused (including by our negligence or that of our officers, servants, agents or otherwise) under or in connection with this Agreement. The foregoing will not preclude any liability or claim for death or bodily injury, nor any claim arising from our wilful default or as a result of gross negligence on our part or on the part of any of our officers servants or agents.
(b) Subject to our rights under this Agreement, you will retain the underlying copyright ownership of all rights in and to Your Content.
(b) The headings used in this Agreement are for convenience and ease of reference only and are not to be considered or relied upon in interpreting or applying the provisions of this Agreement.
(c) This Agreement is subject to the laws of England and Wales and to the jurisdiction of the Courts of England.
(d) We may assign this Agreement, the Telemapping Service and/or Our Website to any parent, associated, affiliated, subsidiary or otherwise related company or business, or to any third party. This Agreement is personal to you and may not be assigned by you in whole or in part without our prior written consent.
(e) No person who is not a party to this Agreement may enforce any term or condition of it. The Contracts (Rights of Third Parties) Act 1999 will not apply.
(f) All proprietary rights of whatever nature in and to all names, logos, trademarks, designs and other representations thereof are owned by and fully reserved by us throughout the world absolutely.
You can change any of the information you have given us at any time, by amending your Account Details Promotional Materials
After you have registered your details with this website, and if you have authorised us to do so, we may send you promotional materials by email, such as details of special offers or new products.
If you have any questions or complaints about our implementation of this privacy policy or if you would like your details to be removed from our system, please contact us at: [ ]
We may use third parties to provide certain services, to which you may link from Our Website. Those third parties may have their own terms and conditions of use, to which you will then be subject in addition to these Terms and Conditions, and this Agreement. We are not responsible for third parties' terms and conditions, nor for the content or any other aspect of any third party website, nor for any consequences of your visiting any third party website.?
Terms & Conditions
1. DEFINITIONS
In these Terms and Conditions:(a) "The Telemapping Service" means any or all of the online services that we offer and provide, including all related technology, processes and materials that are used to provide such services.
(b) "Content" means any Image, film or moving images, text or similar content or any of them or any combination of the foregoing. "Your Content" means Content that has been contributed by you.
(c) "Image" means a photograph, picture, drawing, illustration, clipart, font, graphic, composite or other pictographic representation. (d) "Our Website(s)" means the web site located at the domain name www.[ ] and at such other domains or subdomain names as may be used by us from time to time to identify web sites on which we offer the Telemapping Service in whole or part.
(e) "Our Database(s)" means one or more digital libraries or catalogues of Content maintained and accessible via the Telemapping Service and/or Our Website.
(f) "Model Release" means a written document of release signed by or on behalf of any living person or the estate of a deceased person or (as the case may be) the representative of a minor whose likeness is incorporated in whole or in part in any Image.
(g) "Property Release" means a written document of release from the owner and/or occupier of any property whose permission is necessary or may be considered desirable in the case of an Image reproducing that property in whole or in part.
(h) "Release" means (where the context admits) a Model Release, a Property Release or any other release of a third party right including without limitation copyright, trade mark or any other intellectual property right, which is necessary or may be considered desirable to obtain in respect of any Content.
2. UPLOADING AND USING IMAGES
(a) Content may be supplied to us by uploading the same to Our Website. We shall have no responsibility or liability for any failure on our part to receive Content in good and usable form, or at all.(b) Acceptance of any Content by us will be at our sole and absolute discretion and we shall be entitled without having to give any reason to reject or delete or remove any Content at any time.
(c) We shall have the right during the Term to rename and/or to encode any files and data / metadata comprising Your Content and to remove references to any third parties including without limitation references to third party websites, services, goods, products and businesses.
(d) We shall have the right to link Our Website and Your Content to social networking sites, such as MySpace, Facebook and similar sites (whether or not now in existence). Subject as provided in Clause 7(b) below, you agree to abide by and to comply with the terms and conditions of those sites.
(e) We shall have the right to include Your Content (whether as the primary Content or ancillary to other primary Content (for example, and without limitation audio or musical Content) in RSS feeds, mobile devices, MMS, posters, flyers, social bookmarking services and other media.
3. RIGHTS
We are granted the following rights by you:(a) to transfer all Your Content as contributed by you to one or more of Our Databases and to store Your Content in Our Databases;
(b) to use all Your Content without charge and without the need for prior consent in any and all media and formats, including without limitation in print and other offline or online media, in or for the promotion and marketing of Content, Our Website and/or the Telemapping Service.
4. YOUR GENERAL RESPONSIBILITIES AND OBLIGATIONS
(a) You are bound by and must comply with all of these Terms and Conditions and this Agreement and all applicable laws and regulations whenever you use the Telemapping Service or just visit Our Website to browse and/or use any free services.(b) You will not use the Telemapping Service to post, create, market or sell any Content that either (i) infringes the rights of any third party, including, without limitation, any copyright, trademark, patent or right of privacy or (ii) is defamatory or (iii) contains explicitly sexual content (including nudity), or (iv) offends any ethnic, racial, gender, religious or other group through use of language, images or otherwise, or (v) harasses, threatens or abuses others, or (vi) exploits minors, or (vii) encourages or promotes the use of drugs or (viii) is otherwise offensive or in bad taste.
(c) You will not directly or indirectly (i) seek to interfere with the Telemapping Service by employing any virus or other program or technology to disrupt or damage any software or hardware, or (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Telemapping Service, (iii) employ a robot, spider or any other device or process to monitor the activity on or copy pages from Our Website, (iv) collect information (including without limitation electronic mail addresses) from third parties by using the Telemapping Service or (v) prejudice or interfere with any third party's ability to use the Telemapping Service.
5. WARRANTIES AND REPRESENTATIONS
You hereby warrant, represent and undertake to us as follows:(a) that you are and will be the sole owner and controller of the copyright and all other rights in and to all items of Your Content and that none of Your Content infringes or will infringe the rights of any third party. Without limiting the generality of the foregoing you hereby warrant that at the time of supply to us of each item of Your Content you will have (where applicable, and as the case may be) all necessary signed and valid Model Releases and Property Releases;
(b) that there is and will be no restriction, obstacle or impediment against our ability and entitlement to include and exploit all of Your Content without restriction as provided in this Agreement;
(c) that all information that you provide for display with any Content, including without limitation captions, key words and descriptions does not and will not include information that does not relate directly to the applicable Content, such as (without limitation) rights management information, contact details, web addresses and Uniform Resource Locators (URLs);
(d) that you will comply fully with all these Terms and Conditions, and will abide by all restrictions contained in this Agreement;
(e) that you will not provide us with any Content the supply of which would conflict with any contract, agreement or arrangement that you have entered into with any third party, such as (without limitation) agencies;
(f) that you hereby agree to indemnify save and hold us and our licensees and assigns harmless from any and all damages liabilities costs losses and expenses (including legal costs on a full indemnity basis) arising out of or connected with any claim demand or action which is inconsistent with any of the warranties representations or agreements made by you in this Agreement.
6. FAILURE OF SERVICE, LOSS OF CONTENT
Whilst we shall take reasonable steps to minimise the risk of such events happening, you acknowledge the inherent possibility in server provision of so-called 'downtime', 'hacking', lost transmissions and lost data occurring. You therefore specifically recognise, accept and agree that we shall not be liable for the loss of, damage to or deterioration of any Content or data, nor for any interruption or failure of the Telemapping Service or Our Website resulting in any loss of income or opportunity or any other consequential loss whatsoever.7. LIMITATION OF LIABILITY
(a) Whilst we endeavour to ensure that all information on Our Website is up to date and as accurate as possible, to the fullest extent permissible by law we hereby exclude all express and implied warranties including without limitation those as to merchantability, fitness for particular purpose and satisfactory quality. We do not warrant that the Telemapping Service will meet your requirements or will operate in the configuration or with the hardware or software that you use.(b) Any links that we provide to other websites are given on the strict understanding that we do not control those third party sites and so we cannot be responsible for their content or for any consequent loss suffered by you. You hereby waive any and all claims against us in respect of any matters arising from any such links.
(c) To the fullest extent permitted by law, and except as otherwise specifically published on Our Website or as required by law we shall not be liable to you as a result of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under any of the specific Terms and Conditions of this Agreement for any loss of profit or for any indirect, special or consequential loss or for any damage, cost, expense or other liability howsoever caused (including by our negligence or that of our officers, servants, agents or otherwise) under or in connection with this Agreement. The foregoing will not preclude any liability or claim for death or bodily injury, nor any claim arising from our wilful default or as a result of gross negligence on our part or on the part of any of our officers servants or agents.
8. INTELLECTUAL PROPERTY RIGHTS
(a) We solely and exclusively own the full and entire copyright throughout the world and all other intellectual property rights and all other rights, title and interest in and to the Telemapping Service, Our Website and the design and content thereof. You will not acquire any right, title or interest therein, whether under this Agreement, by operation of law or otherwise. You will not copy, duplicate or reproduce any material from Our Website, whether in whole or part, for any purpose whatsoever.(b) Subject to our rights under this Agreement, you will retain the underlying copyright ownership of all rights in and to Your Content.
9. MISCELLANEOUS / GENERAL
(a) Nothing herein will have the effect of constituting or will be deemed to give rise to the relationship of a partnership or joint venture between us and you.(b) The headings used in this Agreement are for convenience and ease of reference only and are not to be considered or relied upon in interpreting or applying the provisions of this Agreement.
(c) This Agreement is subject to the laws of England and Wales and to the jurisdiction of the Courts of England.
(d) We may assign this Agreement, the Telemapping Service and/or Our Website to any parent, associated, affiliated, subsidiary or otherwise related company or business, or to any third party. This Agreement is personal to you and may not be assigned by you in whole or in part without our prior written consent.
(e) No person who is not a party to this Agreement may enforce any term or condition of it. The Contracts (Rights of Third Parties) Act 1999 will not apply.
(f) All proprietary rights of whatever nature in and to all names, logos, trademarks, designs and other representations thereof are owned by and fully reserved by us throughout the world absolutely.
PRIVACY POLICY
We respect your right to privacy and this statement explains how we handle information about visitors to and users of this website. In order for us to fulfil the transactions you request and supply you via this website with the Content that you wish to contribute, it is necessary for you to provide us with certain information such as, for example, your name, address, telephone number, email address and website address. This information may be passed by us to any online payment processors.Cookies?
When you visit this website, a small text file called a cookie is automatically stored on your web browser. This enables us to recognise the information you have given us, such as your user account, and helps us identify those parts of the website that are most applicable to your requirements. This cookie can only be read by this website.You can change any of the information you have given us at any time, by amending your Account Details Promotional Materials
After you have registered your details with this website, and if you have authorised us to do so, we may send you promotional materials by email, such as details of special offers or new products.
If you have any questions or complaints about our implementation of this privacy policy or if you would like your details to be removed from our system, please contact us at: [ ]
