30M Limited trading as Painfullygood.com, a company registered in England and Wales under company number 9386561 whose registered address is at First Floor of Dorna House Two, Guildford Road, West End, Surrey, GU24 9PW, hereinafter referred to as ‘Painfullygood’ or ‘We’ set out the following terms and conditions upon which Painfullygood offers a Painfullygood Member use of the Painfullygood Platform by way of the Painfullygood Services herein referred to as ‘You’ and ‘Your’ a licence to use www.Painfullygood.com (the ‘Site’) and the Painfullygood Services (‘Painfullygood Services’) (the ‘Terms’).
|1.1||The Site and the Painfullygood Services may include, but are not limited to, the provision of a platform whereupon user-generated-content (‘UGC’) may be uploaded, posted and accessed which may include text, reviews, articles, images, graphics, photos, stories, audio, video, software, audiovisual combinations as well as interactive features (including file-sharing facilities by way of the social media icons where applicable) and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for Your use and for the use by a Painfullygood Member (or a visitor to the Site as the case may be) to the extent permitted by the functionality of the Site.|
|1.2||By using any of the Painfullygood Services and the Site, You expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site and the Painfullygood Services. These Terms form a legally binding agreement between You and Painfullygood and apply to all Painfullygood Members of the Site who may also be contributors of UGC posted on the Site.|
|1.3||You should read these Terms carefully and ensure that You understand the effect before proceeding to use the Site. 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 of the Site periodically. You agree that Painfullygood will treat Your use of the Site and/ or the Painfullygood Services as acceptance of the Terms including Your continued use subsequent to any changes being posted on the Site.|
|2.||Painfullygood CONTENT ON THE SITE
With the exception of UGC submitted to the Site by You, all other 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.
We will terminate the privileges of any Painfullygood Member who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, Painfullygood Members who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the Painfullygood Member that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing Painfullygood Member’s rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a Painfullygood Member’s right to use or access the Site prior to that time if We believe that the alleged infringement has occurred.
|4.||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:
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 our Site will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software.
The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site (or via the Site) or in any way connected with the Site, that:
|6.||PRIVACY AND CONFIDENTIALITY
|7.||AVAILABILITY AND SECURITY OF THE SITE|
|7.1||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.|
|7.2||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.|
|7.3||Painfullygood does not warrant the validity and accuracy of information on the Site or the Painfullygood Services or that the Site 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, 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:
|8.||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 (including Painfullygood Retailer Sites) 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 or to share Painfullygood Shared Links, 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 not be liable for any loss or damage that may arise from your use of such links.
|9.||SUSPENSION AND TERMINATION|
|9.1||You acknowledge that Painfullygood has no obligation to monitor any UGC provided by Painfullygood Members. You further understand and agree that in Painfullygood’s sole discretion, and without prior notice, Painfullygood may terminate its Licence with You and may therefore choose to suspend or terminate Your access to the Site and the Painfullygood Services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if Painfullygood believes that the UGC You provided has violated or is inconsistent with the Licence or has violated the rights of Painfullygood or a Painfullygood Member. Notwithstanding this, You are solely responsible for, and bear the legal risk associated with such UGC anywhere in the world.|
|9.2||Painfullygood may release Painfullygood Member information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.|
|9.3||You agree that monetary damages may not provide a sufficient remedy to Painfullygood for violations of these Terms and You consent to injunctive or other equitable relief for such violations.|
|9.4||11.4 You acknowledge and agree that to improve the Site and/ or 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.|
|10.||Painfullygood MEMBER WARRANTIES|
|10.1||You represent and warrant that:
|11.1||Nothing in this Clause 13 shall exclude or restrict liability for:
|11.2||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|
|11.3||Subject to Clause 13.1, Painfullygood shall not be liable to You 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 the Site and/ or the Painfullygood Services or, any loss or damage which may be incurred by You as a result of:
|11.4||The limitations on Painfullygood’s liability to You in this Clause 13 shall apply whether or not Painfullygood has been advised of, or should have been aware of, the possibility of any such Losses arising.|
|11.5||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:
|11.7||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.|
|12||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, without the prior written consent of Painfullygood. 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.
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.
|15.||THIRD PARTY RIGHTS
You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999). Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
|16.||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.
|This Statement was last updated on 21st May 2018.|