Terms And Conditions
WELCOME TO WISHPIG! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES
We recommend that you print a copy of these terms for future reference.
OTHER APPLICABLE TERMS
INFORMATION ABOUT US
www.wishpig.com is a site operated by Gareth Taylor Photography Ltd, a limited company registered in England and Wales under company number 08627624 with its registered office at 1 Newlands Drive, Manchester M20 5NW. Our VAT number will be provided when required.
CHANGES TO THESE TERMS
Please check these from time to time to take notice of any changes we made, as they are binding on you.
ACCESSING OUR SERVICES
Unless otherwise stated, our Services are made available free of charge.
We do not guarantee that our Services will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Services. For example, you understand that you are responsible for all data charges you incur by using the Services.
YOUR ACCOUNT AND PASSWORD
User identification codes, passwords and other similar such information may be required as part of our security procedures when you use our Services. You must treat all such user identification codes, passwords and similar such information as confidential and you must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
By using our Services, you are acknowledging that you understand that the wishlists created by you and any and all other material uploaded by you when you interact with and use our Services (“Your Content”) will be viewable by others and you also understand that you have the ability to control who can access such content by choosing the recipient/s of your wishlist sharing.
When you upload Your Content it is considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you agree that by uploading such content you are granting us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable licence to use, store and copy that content and to distribute and make it available to third parties for any purpose subject to your choice of the recipient/s of your wishlist sharing and any privacy settings you have set to control who can see Your Content. Any such restrictions set by you, to control who can see Your Content, will not apply if and to the extent that disclosure is required by law in which case you shall, to the extent permitted by law, be notified in writing of the disclosure.
We also have the right to disclose your identity to any third party who is claiming that Your Content constitutes a violation of their intellectual property rights, or of their right to privacy.
Whenever you make use of the sharing features and any other interactive elements of our Services that allow you to upload content or to make contact with other users of our Services, you must comply with the content standards set out in our Acceptable Use terms below. You warrant that all Your Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will not be responsible, or liable to any third party, for any of Your Content or for any content posted by any other user of our Services.
We have the right to remove any of Your Content if, in our opinion, it does not comply with the content standards set out in our Acceptable Use terms.
The views expressed by other users of our Services do not represent our views or values.
You agree and accept that injunctive relief shall not be available to you in the unlikely event of a breach of the obligations set out here or elsewhere in these terms.
RIGHTS YOU LICENCE
In addition to the licence granted by you above, by uploading Your Content you also hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable licence to reproduce, modify, adapt, edit, publish, create derivative works from, perform, promote, exhibit, and display Your Content in any and all media or distribution methods, now known or later developed subject to [your choice of the recipient/s of your wishlist sharing and] any privacy settings you have set to control who can see Your Content. [Without limiting the foregoing, when you submit Your Content, you are also agreeing that the licence granted by you in relation to such content permits us to sublicense it to other companies, organisations or individuals in connection with the syndication, broadcast, distribution, promotion, or publication in any and all media or distribution methods, now known or later developed.] No use of User Content in accordance with this licence shall entitle you to any compensation from us or from any other companies, organisations or individuals.]
OUR INTELLECTUAL PROPERTY RIGHTS
Subject to the paragraph below, all intellectual property rights subsisting in the provision of our Services, including any supporting software and documentation, are owned by and/ or licensed to us. This includes the manner in which all such material is compiled and presented by us on our website.
Where expressly indicated, the intellectual property rights subsisting in certain elements of our Services, including any supporting software and documentation, may be the property of named third parties.
You shall not reproduce, adapt, translate, reverse-engineer or make available to any third party any of the intellectual property subsisting in our provision of our Services, as described above, or any other material provided by us to you, where such activity goes beyond the scope of actions permitted by these terms in relation to your use of the Services. Our status (and that of any identified contributors) as the authors of content must always be acknowledged.
You must inform us immediately if you suspect or are aware of any breach of these obligations concerning our intellectual property rights by contacting us promptly at email@example.com.
You must not use any part of the content of our Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you copy or download any content, provided by our Services and which does not belong to you, in breach of these terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies you have made of the content.
NO RELIANCE ON INFORMATION
We may update our Services from time to time, and may change the content at any time. However, please note that any of the content provided by us may be out of date at any given time, and we are under no obligation to update it. Although we make reasonable efforts to update the content of our Services, we make no representations, warranties or guarantees, whether express or implied, that our content is accurate, complete or up-to-date.
We do not guarantee that our Services, or any content provided, will be free from errors or omissions.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- - use of, or inability to use, our Services; or
- - use of or reliance on any content provided to you by our Services.
If you are a business user, please note that in particular, we will not be liable for:
- - loss of profits, sales, business, or revenue;
- - business interruption;
- - loss of anticipated savings;
- - loss of business opportunity, goodwill or reputation;
- - any indirect or consequential loss or damage
If you are a consumer user, please note that we only provide our Services to you for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content provided to you via our Services, or on any website linked to them.
We assume no responsibility for the content of third party websites linked to our our webiste. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
You may use our Services only for lawful purposes. You may not use our Services:
- - In any way that breaches any applicable local, national or international law or regulation.
- - In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- - For the purpose of harming or attempting to harm minors in any way.
- - To send, knowingly receive, upload, download, use or re-use any material which breaches our Content Standards (as set out below), or any other reasonably required standards concerning content.
- - To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- - To knowingly transmit any data, send or upload 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 content or parts of our website in contravention of the provisions of these terms;
- - Not to access without authority, interfere with, damage or disrupt:
- o any of our Services;
- o any equipment or network on which parts of our Services are stored;
- o any software used in the provision of our Services; or
- o any equipment or network or software owned or used by any third party.
- - If and to the extent that Your Content includes anything belonging to third parties, you warrant that all such third party content is used with the consent of relevant third parties.
We will notify you if and when the interactive elements of our Services are moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use our interactive Services and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, please note that, unless we notify you otherwise, we do not monitor or moderate any interactive elements of our Services and we are under no obligation to oversee, monitor or moderate Your Content or any other interactivity or content provided by you or other users whether or not breaches are notified to us. Furthermore, we expressly exclude our liability for any loss or damage arising from the use of any Services by a user in contravention of our content standards, whether the service is moderated or not and whether or not breaches are notified to us.
If and when we notify you that we are moderating our Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all of Your Content:
You must comply with the spirit and the letter of the following standards. The standards apply to each part of Your Content as well as to its whole.
Your Content must:
- - Be accurate (where it state facts).
- - Be genuinely held (where it state opinions).
- - Comply with applicable law in the UK and in any country from which they it is posted.
Your Content must not:
- - Contain any material which is defamatory of any person.
- - Contain any material which is obscene, offensive, hateful or inflammatory.
- - Promote sexually explicit material.
- - Promote violence.
- - Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- - Infringe any copyright, database right or trade mark of any other person.
- - Be likely to deceive any person.
- - Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- - Promote any illegal activity.
- - Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- - Be likely to harass, upset, embarrass, alarm or annoy any other person.
- - Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- - Give the impression that it emanates from us, if this is not the case.
- - Advocate, promote or assist any unlawful act including copyright infringement, computer misuse or terrorism.
Suspension & Termination:
We will determine, in our discretion, whether there has been a breach of these Acceptable Use terms in relation to your use of our Services. When a breach of these terms has occurred, we may take such action as we deem appropriate:
- - Immediate, temporary or permanent withdrawal of your access to our Services.
- - Immediate, temporary or permanent removal of any posting or material uploaded by you to our webiste.
- - 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.
The responses described in these Acceptable Use terms are not limited, and we may take any other action we reasonably deem appropriate. You also accept that we are not responsible for the results of actions reasonably taken by us under these terms in response to your breaches of these Acceptable Use terms.
We do not guarantee that our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and devices in order to access our Services. You should use your own virus protection software.
You must not misuse our Services 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 our Services, the network or server on which our Services are transmitted or stored or any server, computer or database connected to our Services. You must not attack our Services 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 1990. 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 our Services will cease immediately.
LINKING TO OUR SERVICES
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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 to us in any website that is not owned by you nor may you create a link to any part of our Services other than the home pages.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the Acceptable Use terms and content standards set out above.
If you wish to make any use of content from our Services other than via the linking described above, please contact us at firstname.lastname@example.org.
THIRD PARTY LINKS AND RESOURCES FROM OUR SERVICES
Where our Services 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.
It is agreed that no failure by either you or us to enforce the performance of any provision in these terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these terms. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
These terms shall be governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the laws of England and Wales. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
However If you are a business, these terms (and any non-contractual disputes or claims) are governed by English law and you and we both agree to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email email@example.com.
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We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You may block our cookies by activating the relevant settings on your browser to refuse all or some of the cookies. Please note that if you use your browser settings to block all cookies (including essential cookies), you might not be able to access all or parts of our site.