AddYourPhoto.co.uk Terms of Use
(revised on 05/03/2009)
Article 1. Introduction
1.1 This website is owned and operated by AddYourPhoto an English company. Our office is at: 54 RUNWAY, HATFIELD, HERTS, AL10 9GL.
1.2 AddYourPhoto.co.uk service is available for registered users via Internet. You can access and use AddYourPhoto.co.uk free of charge or pay an additional charge what will give you the access to additional service functions.
1.3 Please read these Terms of Use carefully. By registering as a User or using the Services (whether or not you register as a User), you agree to be bound by these Terms of Use. If you do not accept them in full, you must not register as a User nor use the Services.
Article 2. Definitions
Service - Internet service AddYourPhoto located on the website www.addyourphoto.co.uk
Administrator - party running and managing the Service, namely company AddYourPhoto.
User - a validly registered User of the Service, whether paid or unpaid. User must be person over 16 years, who creates an account properly by providing personal Login and a password allowing to sign-in to the Service.
Account - available for User after its sign in. It is the part of the Service where User can enter and manage his personal data and perform operations related to displaying its Profile
STAR Account â?? available for User who after having paid a given charge acquire for a limited period status of the STAR Account Holder. This service allows the User to use a series of additional functionalities of the Service as well as other preferences given ad hoc or for a given period of time.
Profile - information, data, photos, messages, comments and other elements presenting and describing a User, given voluntarily and individually by the User, that are made accessible and presented on the Profile of the User within the Service
Article 3. Registration and use of Service
3.1 You are not eligible and must not apply to become a User if you are under 16 years of age or have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment.
3.2 Administrator reserves the right in our discretion to refuse any application to become a User. You shall not become a User until you receive email confirmation from Service.
3.3 Through the registration procedure completion in Service, resulting in setting up an account, User ensures and states:
a) personal data, image on photos and other information constituting elements of the Profile, have been transferred to the Service in a voluntary way and agrees on publication the Profile by the Administrator, what means that the access to this data will be or may be free for unlimited circle of Internet users.
b) User agrees on processing, now and in the future, by the Administrator of the Service, any information given during the process of registration as well as later Profile edition or in any other way, personal data and personal image on photos passing on to the Service in the aim of publication this information and personal data through a presentation in the Service. The above consent includes also permission given to the Administrator on using above data, information and personal image by the Administrator on marketing, information, statistical purposes and publication in media such as Internet, press, radio, TV, mobile and fixed telephony.
c) User agrees to receiving commercial information from the Administrator and its partners.
3.4 It is forbidden to use Service, its functionality in every respect or particular additional services (payable and free of charge) for purposes like:
a) dissemination of pornographic contest
b) performing activity of commercial advertising or promotional nature
c) taking any activities trough which person or subject/party that realizes it, tries to influence other Users, acts to their, Administrator's or other third partiess detriment
d) publishing in the Service contents violating international law, decency or moral norms, insulting dignity or violating personal interests of other persons, supporting radical social attitudes or advocating such views/beliefs ( any kind of race ethnical, because of sex, religion discrimination etc.)
e) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings (spam)
f) attempt to gain unauthorised access to any part of the Service or equipment used to provide the Service
3.5 It is forbidden also, in any case and in any form (clearly or implicitly) given by User, in contents generally accessible in the Service information that in any way can point to any means or way of direct possibility of communication with the User (phone number, email address, contact data from Internet communicator etc), with omission of the goal and character of the Service, what also includes giving and publishing in the same way addresses to any web sites, without clear approval of the Administrator.
3.6 It is forbidden, without written approval of Administrator to copy, duplicate or any other use outright or in fragments information, data or other contents and photos from the Service
Article 4. Safety and Security
4.1 Main purpose of the Service is to provide (by means of the Internet) a system of presenting and exchanging personal information concerning the Users, that is run and supported by the Administrator, in order to create a possibility for establishing friendship between the Users.
4.2 Administrator does not guarantee that Service will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. Administrator will use all reasonable endeavours to rectify faults if they do occur.
4.3 Administrator reserve the right to suspend the Service at any time without notice for repair, maintenance, improvement or other technical reason.
4.4 Administrator reserves the right to change the Service provided such changes do not have a material adverse effect on the quality of the Service.
4.5 Profiles of Users are protected by law and Service Administrator administers personal data of Users. Each User is authorized to see his personal data processed by entities described hereinabove, is entitled to correct them as well as to demand to stop processing such data by means of deleting its Account.
Article 5. Reservations, assurances and responsibility
5.1 Administrator is not liable if your identity is used by someone else.
5.2 Administrator is not responsible for events and occurrences that can take or took place in real life between Users acquainted through the Service, and from any reasons.
5.3 You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify Administrator against any claims of this kind.
5.4 Administrator is not responsible for lost, deleted, incomplete, illegible, misdirected or stolen messages, mail, pictures, images or information, unavailable connections, failed, incomplete, garbled or delayed transmissions, online failures, hardware, software or other technical malfunctions or disturbances.
5.5 Administrator is not responsible for authenticity of information and data given by Users to the Service or information about Users made available to other Users (Administrator has no possibility of its verification, of the compliance with reality).
Article 6. Payment
6.1 Any User may become a STAR Account holder after he/she pays activation charge which is displayed in right place of Service.
6.2 STAR Account is valid 31 days. The User will have to renew the subscription if wishes to continue benefiting from the STAR Account.
6.3 Full extent of basic services of the Service is available without restriction to Users who have an Account in the Service, what does not cover additional services that are payable separately and which are not available for each Users but only for Users with STAR Account.
6.4 Any additional payable services are provided exclusively when the User expressly requests such services and when he has paid a given charge for such services.
6.5 Administrator may at any time change price for a STAR Account. The new rate takes effect if User apply for a new STAR Account (whether or not it is your first STAR Account) after Administrator have posted the details of new price on the Service.
6.6 Prices are stated in pounds sterling and include tax unless otherwise stated.
Article 7. Right to cancel under distance selling regulations
7.1 This section applies to you only if you are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 resident within the EU you may cancel your order for the Services by giving us written notice within seven working days of placing your order. Within 30 days of your notice we will provide a refund. However, this right of cancellation does not apply once you have started to use the relevant Services.
7.2 User may at any time terminate its Account with Admistrator (whether or not User has a current STAR Account) by requesting closure of your account in the designated part of Service. Administrator will implement such a request as soon as reasonably practicable. A request for termination under this clause does not give rise to any refund.
7.3 Removal of an Account from the Service is permanent and irrevocable.
Article 8. Terms of Use changes
8.1 Administrator may change these Terms of Use at any time by posting the revised version on the Servive. Please check the Terms of Use whenever you visit the Service. User will be bound by the revised Terms of Use if User continue to use Services following the effective date shown on the revised Terms of Use.
Article 9. General
9.1 Headings in this agreement are for information only and are not binding. Administrator is not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control. This agreement constitutes the entire agreement between User and Administrator in connection with the Services. Administrator may assign all or part of our rights or duties under this agreement; User may not do without our prior written consent. Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this agreement.
Article 10. Governing Law and disputes
10.1 This contract shall be governed by English law and any disputes will be decided only by the English courts.