HOLY MOLY TERMS AND CONDITIONS OF USE

 

Notice to Users

 

IMPORTANT - These terms and conditions govern your use of the website currently located at www.holymoly.com ("Site") and the services offered thereon. You should read them carefully prior to registering and using this Site. You should only register and use this Site if you have read, understood and agreed with these terms and conditions. These terms and conditions represent a legally binding agreement between you and Holy Moly Entertainment Limited (referred to in these terms and conditions as "Holy Moly", "we", "us" or "our").

  

These terms and conditions are not static and we reserve the right to update them or amend them from time-to-time. Any such updates or amends will be posted here in the form of an update to these terms and conditions but will also be announced on the Site. You should regularly check and review these terms and conditions as your continuing use of the Site will be taken by us as your continuing agreement to them. You should print out and retain a copy of these terms and conditions and retain them for your records. If you disagree with the revised terms and conditions, you should discontinue your use of this Site immediately.

  

You should also read our Privacy Policy : this is a separate set of terms and conditions that sets out how we intend to use the personal details that you supply to us. By accepting these terms and conditions you also accept our Privacy Policy.

  

We have written these terms and conditions in what we hope you will find to be simple English. If there is any part of them that you do not understand you should contact our Customer Services team. Their contact details are set out below. They will answer any queries or complaints that you may have either about these terms and conditions, our Privacy Policy, or any other aspect of your use of the Site.

  

1. Who Are We?

  

This Site is operated by Holy Moly Entertainment Limited. Our registered office is at Shepherd's Building, Charecroft Way, London W14 0EE and our company registration number is 06556365.

 

You may contact us using the details set out below should you have questions or need assistance.

 

Any complaints should also be directed to our Customer Services team. If you have any complaint or issue relating to this website you should contact our Customer Services team as set out below:

 

Customer Services Team Email:

info@holymoly.com  - we will endeavour to respond to general email messages within 5 working days. If you have an email complaint we will endeavour to respond as soon as practical and in any event within 2 days of receipt.

 

2. Updates

  

It is your responsibility to read and understand these terms and conditions.

 

We reserve the right, from time to time, and at our sole discretion, to change or update these terms and conditions.

 

All changes to these terms and conditions will be published on this Site. Upon publication, each change will become effective and you will be deemed to be aware of and bound by them. You should therefore review these terms and conditions regularly to ensure that you are up-to-date with all the current terms and conditions.

 

Your action of registering and/or using and continuing to use this Site will be an indication of your acceptance of our then current terms and conditions. If you do not understand or accept all of these terms and conditions then you should call our Customer Services team whose contact details are set out above. If you do not agree to all of these terms and conditions and do not wish to be bound by them, you are not authorised to access or otherwise use this Site.

 

3. Registration

  

Keep Your Login Details Secure. If you register with the Site, you must choose your own unique username and password. It is your responsibility to ensure that these details are kept private, secure and confidential at all times and to protect their secrecy and confidentiality. You are responsible for all content supplied using these login details and your account. Any unauthorised use of your login details shall be your sole responsibility and will be deemed as your use. If you lose or forget your username and/or password, or if you are concerned that a third party is aware of them, please contact our Customer Services immediately using the details set out above.

 

Accuracy of Personal Details. You confirm to us that all information that you provide to us at any time, whether on registration, in response to any security check or otherwise in connection with your account, is complete, true in all respects, accurate and not misleading. You further agree to inform us immediately if there is any change to such information. Your registration may not be accepted and your ongoing ability to use this Site may be put in jeopardy unless you provide us with all the information that we ask from you to in order for us operate the Site lawfully, responsibly and in full compliance with these terms and conditions.

4. User Conduct

 

You agree that while using this Site, you shall not:

4.1 restrict or inhibit any other user from using and enjoying this Site;

4.2 act in any way that would damage, disable, overburden, or impair this Site or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;

4.3 upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact;

4.4 impersonate any person or entity or misrepresent your affiliation with any other person or entity;

4.5 exploit any images and related information including, but not limited to related text, captions or footage (collectively the "Content") or other material obtained on or through this Site for commercial purposes;

4.6 engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Holy Moly cookies for purposes which are unrelated to Holy Moly's Service);

4.7 attempt to gain unauthorised access to other computer systems through this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or

4.8 reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, the Content, any portion of or access to this Site.

5. What are the rules about me supplying content?

  

If it is the case that you supply/upload any content to the Site - whether it be pictures, text, sound recordings or whatever - the content you supply must comply with the following rules:

 

(a) it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;

(b) it must not harass or bully another person;

(c) it must be true and honest so far as you know;

(d) it must not be defamatory of anyone;

(e) it must not use the material or content or infringe the rights or privacy of anyone else: for example you should not use images of well known characters, sporting footage or music (unless it is your own);

 

(f) it must not contain someone else's personal details or confidential information relating to other people;

(g) it must not promote or condone terrorism, violence or illegal behaviour.

We reserve the right to refuse to accept or refuse or cease to use any content supplied by any person that we think contravenes these rules.

6. Proprietary Rights

  

6.1 Holy Molys' Ownership of the Site. As between you and Holy Moly, Holy Moly owns, solely and exclusively, all rights, title and interest in and to this Site, all the Content, code, data and materials thereon, the look and feel, design and organisation of this Site, and the compilation of the Content, code, data and materials on this Site, including but not limited to any copyright, trade mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.

6.2 Your use of this Site does not grant to you ownership of any Content, code, data or materials you may access on or through this Site. Any commercial distribution, publishing or exploitation of this Site is strictly prohibited. You may view the content on this Site on your computer or other internet-compatible device, and make single copies or prints of the content on this Site for your internal use only.

6.3 You acknowledge that certain materials on this Site are confidential or proprietary to Holy Moly, and that access is provided to you solely for the business purpose for which your access to this Site has been authorised by Holy Moly.

6.4 Except as specifically set forth herein or on this Site, you will not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Site.

6.5 You shall not disclose to any third party any of the confidential or proprietary information of Holy Moly. In the event that you download any material from the Site, such material is licensed to you by Holy Moly for your limited internal personal use and Holy Moly does not transfer title to any such material to you.

6.6 Misuse of Site. You will be liable to us for any damage, costs or expenses resulting from your misuse of the Site. You must notify us immediately if you become aware of any misuse of the Site or the content appearing on it at any time.

7. What can we do with any material you send us?

  

We will use any pictures, text, sound recordings or other material that you send to us for the purpose stated at the point of upload or promotion. You hereby irrevocably assign (i.e. you can't go back on this promise) to Holy Moly (by way of assignment of present and future copyright) any and all interest that you have or may come to have in emails, notes, message/billboard, ideas, suggestions, concepts or other material submitted by you for the full duration of all such rights throughout the world. You hereby waive all moral rights to which you may be entitled (e.g. the right as author to object to treatment of your content) to allow us unrestricted use of the same in the manner of a sole and exclusive copyright owner. We will be entitled, consistent with our Privacy Policy to use the material or any of its elements for any type of use without limitation, in any media whether now known or hereafter devised throughout the world (for example, on our website or in our newsletter or any other ideas we come up with!).

7.1 We may also use it for the purposes of promoting our business (for example by putting it in our newsletter or on our Site).

8. Disclaimer

  

8.1 Through this Site, you will be provided with services that may include information, links to other web sites and other services and content that Holy Moly may decide to offer, subject to the terms hereof (the "Services"). Holy Moly may, in its sole discretion, discontinue or alter all or any aspect of the Services, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Services, at any time in Holy Moly's sole discretion and without prior notice or liability. 

8.2 Holy Moly intends to provide as part of the Services the most up to date images available and Holy Moly will make reasonable efforts to ensure that the images are updated on a regular basis. However, Holy Moly makes no guarantee whatsoever that the images posted are up to date or contemporary.

9. Links To Other Sites and Services

  

This Site contains links to other third party Sites and services through advertising or otherwise. These links are provided for your ease of reference and convenience only. We have no control over those third party Sites or services and are not responsible for their contents. We do not endorse the material contained in their Sites or services, and have no association with their operators. You agree that we won't be party to any transaction or contract with a third party that you may enter into and we won't be liable to you for any loss or damage which you may suffer by using those third party Sites and services. You agree that you will not involve Holy Moly in any dispute you may have with such third party Sites and services.

10. Limitation of Liability

  

Nothing in these terms and conditions removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which cannot be limited or excluded by the law. These terms and conditions also do not affect the rights that are granted to you as a consumer by the law. Otherwise, we will not be liable to you for any matter relating to the services offered by us.

No Warranties made by Holy Moly. Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. Unless specifically stated herein, and except as required by law, we make no representations and expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, accuracy, satisfactory quality, implied warranties of title and non-infringement.

Errors in the Site. You acknowledge and agree that we do not warrant that the Site shall be error-free, timely or will operate without interruption. If you become aware that the Site contains any error, or is incomplete, you must inform our Customer Services. You agree not to take advantage of any error in any Site and we reserve the right to recover any such advantage that you may gain from any error, as well as all costs and expenses in making such recovery. We are not liable to you for any errors or interruptions. The services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the services is discontinued, modified or changed in any way.

We will also not be liable to you if you suffer loss or inconvenience because of the failures of persons or systems that we do not directly control - for example, mobile phone network operators, internet service providers, software providers and telephone traffic handlers.

 

No Liability For Content & Third Party Content. You understand and agree that to the maximum extent permitted by law, we shall not be liable to you for the content of or use by you of any information, services, advertising, marketing, or other content on the Site (whether directly or via links to or from other sites or resources). We do not endorse the content of any third party-supplied advertisements or information and we make no warranties with respect to such content. In particular, we shall have no liability in respect of material on the Site which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with any applicable laws and regulations. The provision by us of a link to another Site does not constitute any endorsement or approval of the materials at that location.

General Exclusion of Loss. Except as otherwise provided by law, we will not be responsible or liable to you for any other loss or damage that you or any third party may suffer as a result of using or in connection with your use of the Site.

Limitation of Liability. Except as otherwise provided by any applicable laws, our maximum liability to you for any claim in contract, tort, or in any other cause of action arising in connection with the Site shall be £2,000 (or currency equivalent).

The views expressed in any content or material which is uploaded by you or other users of the services on the Site do not reflect Holy Moly's views.

11. Termination

 

11.1 Holy Moly may, in its sole discretion, terminate your password, user account (or any part thereof) or use of this Site without notice and for any reason.

11.2 Termination, suspension or cancellation of these terms and conditions or your access rights shall not affect any other right or relief to which Holy Moly may be entitled, at law or in equity.

11.3 Upon termination, all rights granted to you under these terms and conditions will automatically terminate and immediately revert to Holy Moly.

12. Trade Marks

  

Holy Moly and the Holy Moly logos, service marks and names are trade marks of Holy Moly, and all other trade marks, service marks and trade names used on this Site are the property of their respective owners, and none of the Holy Moly trade marks, service marks or trade names may be copied, downloaded or otherwise exploited without the express, prior permission of Holy Moly or the owner of such trade mark, service mark or trade name.

13. Personal Information

 

In the course of your use of this Site, any personal information you provide to us will be used in accordance with our information collection and use policies with respect to the privacy of such information as set out in the Holy Moly Privacy Policy which is incorporated into these terms and conditions by reference for all purposes, and any personal information supplied hereunder will be subject to the terms of such Privacy Policy. You acknowledge and confirm that you are solely responsible for the accuracy and content of such information.

 

14. Miscellaneous

  

14.1 If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.

14.2 Unless otherwise specified, the Site is presented solely for the purposes of entertainment and promotion within the territories that Holy Moly operate. This Site is controlled and operated by Holy Moly from its offices within the UK. Holy Moly makes no representation that material on the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent they are applicable.

15. The legal position of these terms and conditions

  

These terms and conditions form a legally binding agreement between you and us.

These terms and conditions shall be governed by English law unless you live in Scotland in which case Scottish law shall govern, and are subject to the exclusive jurisdiction of the courts of England, Wales, Scotland and Northern Ireland.

These terms and conditions were last updated on 6th February 2014.