- The Site and the Painfullygood Services may include, but are not limited to, the provision of an online platform whereupon You can be provided with sociable, informative, fun an entertaining content by way of articles, blogs, pictures etc across a variety of different categories in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated and shared publicly on or via the Site for Your use and for the use by other Painfullygood Users or potential Painfullygood Users across the social world-wide web (“Painfullygood Services”).
- By using the Site to access the Painfullygood Services, You expressly agree to be bound by these Terms and all applicable laws and regulations. These Terms form a legally binding agreement between You and Painfullygood and apply to all Painfullygood Users.
- You should read these Terms carefully and ensure that You understand the effect before proceeding to use the Painfullygood Services. If You disagree with any part of these Terms, do not use the Site.
- If You violate these Terms, Painfullygood may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You. Painfullygood reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page periodically. You agree that Painfullygood will treat Your use of the the Site to access the Painfullygood Services as acceptance of the Terms including Your continued use subsequent to any changes being posted.
- Painfullygood CONTENT ON THE SITE
Painfullygood gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Painfullygood Services that is provided to You by Painfullygood as part of the Painfullygood Services for the sole purpose of enabling You to use and enjoy the benefit of the Painfullygood Services as provided by Painfullygood, in the manner permitted by these Terms.
- Painfullygood CONTENT ON THE SITE
All content and the selection and arrangement of such content on the Site constitutes “Painfullygood Content” and is either owned by, or licensed to, Painfullygood and is subject to copyright, trade mark rights, and other Intellectual Property Rights of Painfullygood and licensors of Painfullygood. Such Painfullygood Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Painfullygood Content not uploaded or posted by You are trade or service marks of their respective owners. Such Painfullygood Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Painfullygood or, where applicable, the licensors of Painfullygood. Painfullygood and/ or its licensors reserve all rights not expressly granted in and to their Painfullygood Content. Nothing herein gives You a right to use the Painfullygood name or any of the Painfullygood trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding Painfullygood, or the Painfullygood Services is entirely voluntary and We will be free to use such feedback, comments or suggestions as We see fit and without any obligation to You.
- GENERAL RESTRICTIONS ON USE
Subject to the following express restrictions, Painfullygood grants You permission to access and use the Site and the Painfullygood Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:
- not to sell, license, rent, distribute or otherwise exploit any Painfullygood Content for any other purposes without the prior written consent of Painfullygood or the respective licensors of the Painfullygood Content;
- not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of Site or the Painfullygood Services including but not limited to any Painfullygood Content, in any medium without Painfullygood’s prior written authorisation, unless Painfullygood makes available the means for such activity through the functionality offered by the Painfullygood Services;
- not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
- not to establish a link to the Site in any website that is not owned by You and authorised by Painfullygood;
- not to alter or modify any part of the Site or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- not to access Painfullygood Content through any technology or means other than the Site or such other means as Painfullygood may explicitly designate for this purpose;
- not to penetrate or attempt to penetrate Painfullygood’s security measures;
- not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or features that (i) prevent or restrict use or copying of Painfullygood Content; or, (ii) enforce limitations on the use of the Painfullygood Services or the accessible Painfullygood Content;
- not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
- not to attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
- not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any Painfullygood User of the Site;
- not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching certain provisions above, 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 the Site will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access the Site. You should use Your own virus protection software.
- PRIVACY AND CONFIDENTIALITY
- AVAILABILITY AND SECURITY OF THE SITE
- To ensure that You are kept entertained and up-to-date with what is going on out there, Painfullygood shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal UK working hours.
- Unscheduled emergency maintenance may be required at any time. Painfullygood agrees however, to use all reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required.
- You acknowledge and agree that to improve the Site and the Painfullygood Services, Painfullygood may stop (permanently or temporarily) providing the Painfullygood Services (or any features within the Painfullygood Services) to You generally at Painfullygood’s sole discretion, without prior notice to You.
- Painfullygood does not warrant the validity and accuracy of information on the Site or otherwise as part of the Painfullygood Services or that the same is kept up-to-date. The Site and its content and the Painfullygood Services are delivered on an “as-is” and “as-available” basis. Painfullygood shall use reasonable endeavours to ensure that the Site and the Painfullygood Services and any information it holds on You are kept secure. However, due to the nature of the internet, Painfullygood does not represent or warrant to You that:
- Your use of Site and the Painfullygood Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on them;
- Your use of the Painfullygood Services will meet Your requirements;
- any information obtained or downloaded by You as a result of Your use of the Painfullygood Services will be accurate, reliable or free of viruses or contamination or destructive features;
- Your shared UGC will not be used by a third party in various ways;
- there will not be any defects in the operation or functionality of any Painfullygood software provided to You as part of the Painfullygood Services; and,
- those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
- HYPERLINKS AND SEARCH RESULTS
The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and Painfullygood do not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another website, You agree and understand that You may not make any claim against Painfullygood for any damages or Losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website. Painfullygood advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit. Painfullygood will not be liable for any loss or damage that may arise from your use of such links. “Losses” in this Licence shall be understood to mean any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
- Nothing in this Clause 8 shall exclude or restrict liability for:
- fraudulent misrepresentations;
- any liability where the law does not permit such exclusion of liability; and,
- death or personal injury arising from negligence.
- Painfullygood shall not be in breach of any of its obligations under these Terms which arise or occur due to the act, omission, default of You or Your failure to comply with any of Your obligations.
- Subject to Clause 8.1, Painfullygood shall not be liable to You under any circumstances whatsoever in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of Site to access the Painfullygood Services or, any Losses which may be incurred by You as a result of:
- any breach by You of these Terms or breach of warranty by You or Your acts or omissions including Your use of, or inability to use, Site and the Painfullygood Services;
- any reliance placed by You on the completeness, accuracy or existence of any Painfullygood Content;
- any changes which Painfullygood may make to the Painfullygood Services, or for any permanent or temporary cessation in the provision of the Painfullygood Services (or any features within the Painfullygood Services);
- the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and,
- the acts, omissions and conduct of any Painfullygood Users in connection with or otherwise related to Your use of Site and the Painfullygood Services.
- The limitations on Painfullygood’s liability to You in this Clause 8 shall apply whether or not Painfullygood has been advised of, or should have been aware of, the possibility of any such Losses arising.
- You shall indemnify and hold harmless Painfullygood on demand, and shall keep Painfullygood fully and effectively indemnified against any and all Losses incurred by or asserted against Painfullygood, arising out of or in connection with:
- any breach of the Licence by You (other than and to the extent that any losses arise directly from breach of these Terms by Painfullygood or through Painfullygood’s negligence); and,
- any breach by a third party arising out of Your use of Site and/ or the interactive Painfullygood Services.
- Except as expressly set out in these Terms, Painfullygood gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.
- ENTIRE AGREEMENT/ SEVERABILITY
These Terms shall be personal to You and You may not assign, transfer, lease or delegate all or any of your rights and obligations hereunder. Painfullygood reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as Painfullygood or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
- NO WAIVER
Failure by either Painfullygood or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
- LAW AND JURISDICTION
If You are not happy with the way Painfullygood deal with any dispute or disagreement between You and Painfullygood and You want to take court proceedings, You must do this within England. Relevant English law will apply to the Licence and the relevant courts of England will have exclusive jurisdiction in relation to these Terms.