Faces in places

Terms and Conditions of Use

The dreaded and tiny writing (why is it always tiny?) that is the Faces in Places Terms and Conditions are here for your perusal folks. We know you don't give a stuff but we still gotta have 'em.

Welcome to our website, Facesinplaces.co.uk, the social networking site for club-goers (“Website”). These are the terms and conditions subject to which you may use the Website, which is provided by Faces In Places Limited ("the Company”/”Facesinplaces.co.uk”). These terms and conditions ("Terms and Conditions") co-exist with our Privacy Policy which explains how the Company uses any personal data (as defined in the Data Protection Act 1998 ("the Act")) you forward to it and what both the Company’ and your obligations are in relation to such personal data. By accessing, using and downloading the Website you are indicating your acceptance to be bound by these Terms and Conditions and the Privacy Policy and you re-affirm that acceptance every time you access the Website.

THE COMPANY Details

Address:
Faces in Places Limited
Ashdale House
Lockwood Avenue
Poulton-le-Fylde
Lancashire
FY6 7AB
Telephone: 01253 887007
Fax: 01253 887007
Email: contact@facesinplaces.co.uk
The Company's VAT number: 846 3618 08
The Company's company number: 05152142

The Company is a company registered in England. These Terms and Conditions are governed and construed in accordance with English law. You and the Company each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of these Terms and Conditions.

Browse at your own risk

Please note that you access and use the Websites at your own risk. The Company is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the Website. The Website is accessed via the world-wide web ("WWW") which is independent of the Company. Your use of the WWW is at your own risk and subject to all applicable national and international laws and regulations. The Company has no responsibility for any information or services obtained by you on the WWW. The Company reserves the right to modify, supplement, move or delete portions of or add to the Website at any time with or without notice.

Eligibility

The Website is aimed at club-goers and, as such, is intended solely for users who are 18 and over. Any registration by or use of the Website by anyone under 18 is unauthorised and a violation of these Terms and Conditions of Use. By using the Website, you represent and warrant that you are 18 or older and that you agree to and abide by all of the Terms and Conditions of this agreement. Facesinplaces.co.uk makes no representations or warranties whatsoever to the effect that the contents of this Website are suitable for people under the age of 18. Anyone over the age of 18 can join the Website and set-up a basic profile; however if you wish to set-up a more enhanced profile and have access to the advanced site tools, your photo must already have been published on the Website and you must tag yourself in that photo. This ensures that all full members within the Website can be clearly identified within a photo. Our photographers regularly visit nightclubs and bars in all of UK’s major towns and cities. Details of when our photographers will next be in your region can be found on in [ ] section of the Website.

Registration data and passwords

When you visit the Website you provide us with information as part of the registration process. The registration form includes information that is required as a minimum to set-up your online profile. This includes your name, gender, location, email address and date of birth. The registration process also allows you to set your username (this can be your real name or a screen name; but must be unique) and your password. Once these details are submitted you will have access to your profile and can begin to add additional information if you so wish. By using this Website you agree:

• To provide accurate, current and complete information about you at the point of registration
• To maintain and update this information to keep it accurate, current and complete
• To ensure you maintain the confidentiality and security of your username and password and do not pass this information to another member or third party. If you believe the confidentiality and security of your username and password has been breached, you agree to notify Facesinplaces.co.uk immediately.
• To be solely responsible for all use of your account and any actions that may result from use of your account
• That we may use all the information you supply us in accordance with our Privacy Policy

Intellectual Property

All copyright and other rights (including, without limitation, database rights, trademarks (whether registered or unregistered) and all other intellectual property rights) in and relating to the Website and its contents (which for the avoidance of doubt shall include all information contained in or available from the Website ("the Content")) are owned by or licensed by the Company or are otherwise used by the Company as permitted under applicable laws. Provided you abide by these terms and conditions and subject to payment of any applicable fees, you may use, view, download, copy or print textual or graphic content of the Website provided that it is solely used by you for any purpose that may be specified on the Website and provided that you do not change or delete any copyright, trademark or other proprietary notices in the Content. Under no circumstances may you use the Content in a manner that may give a false or misleading impression of the Company. Any license does not include any resale or commercial use of this Website. You agree not to copy, reproduce, store in any medium (including, without limitation, in any other websites), distribute, transmit, modify, alter, disseminate, create derivative works from all or any part of any of the Websites or Content or edit any part of any of the Websites or Content other than as expressly permitted without obtaining the Company's prior written consent. You may not use any Meta tags or any other ‘hidden text’. You may not use any trade mark of the Company without its express written consent.

Specific Prohibitions

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any of the Website. You agree to use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of the Website by, any third party.

User Conduct and prohibited activities

Facesinplaces.co.uk is available for you to use for personal and non-commercial purposes only. By using this Website you represent, warrant and agree that no materials of any kind submitted through your registered account or shared through any free or purchased for service with any other user; member or third party will infringe upon the rights of any third party. You shall comply with all applicable laws, regulations and codes of conduct that may apply to any of the activities you undertake in relation to your use and interaction with Facesinplaces.co.uk and ensure that anything you do does not infringe the rights of any other person or body. Please note it is prohibited on this site to:

• Register for more than one user account, or register on behalf of someone else
• Impersonate any person or body
• Falsely state or misrepresent yourself, your age, or your affiliations with any other person or body
• Publish, transmit or share any content that we deem is offensive, illegal or violates the rights, harm or safety of any person or body
• Intimidate or harass another person or body
• Publish, transmit or share any content that is of a personal nature unless it is of or about you; or of or about your friends provided it is with their express permission.
• Publish, transmit or share any content that is deemed to be advertising, promotional material, junk mail, spam or any other form of unsolicited material.
• Publish, transmit or share any content that contains viruses or any other computer software, code or programming that is designed to interrupt, destroy, or limit the functionality of the Website or any software or hardware associated with the use of the Website and any other telecommunications equipment.
• Harvest or collect email addresses or any personal contact information through the site for the purposes of sending unsolicited emails or other communications
• Use the Website or any of the free or purchased for services in a way that could damage or disable the Website
• Use automated scripts to interact with the Website or any of the free or purchased for services

Copyright Complaints

The above clause prohibits users from uploading or transmitting through its services or the Website itself any materials that violate another party’s intellectual property rights. Following notification of any infringement, Facesinplaces.co.uk reserves the right to remove or disable access to the material and to terminate the accounts of those registered users involved in the infringement. If you believe that a violation of another party’s intellectual property rights has taken place, please contact us immediately at contact@facesinplaces.co.uk.

User Generated Content

As a registered user of this Website, you are solely responsible for the content you upload, including but not limited to photos; profiles; text; messages; information; notes and other content you publish through the Website, or choose to share with other users through any of the services. You hereby grant Faces In Places Ltd the non-exclusive right and licence to publish, copy, store, edit and do all other acts restricted by copyright in relation to any material you post on the Website. Please note:

• You may not publish or share information that you did not create or do not have permission to publish or share
• Facesinplaces.co.uk may delete any content that it deems violates this agreement or which it believes in its sole judgement to be offensive, illegal or violates the rights, harm or safety of any person.
• Facesinplaces.co.uk assumes no responsibility for monitoring its services for inappropriate content or conduct. Facesinplaces.co.uk assumes no responsibility for the content, no obligation to remove any inappropriate content and no responsibility for the conduct of the registered user submitting the content.
• Facesinplaces.co.uk makes no warranties as to the user generated content or to the accuracy and reliability of such content.
• Back-ups of information collected by Facesinplaces.co.uk may remain on our servers for a reasonable period of time. This may include information subsequently changed by you at a later date.
• Facesinplaces.co.uk is not liable to maintaining your content or personal information. You are solely responsible at your own cost and expense for creating backups of any content you publish or choose to share through the Website.

Advertising

Facesinplaces.co.uk contains advertising supplied by third parties. The display of such advertising on the website provides a revenue stream which is essential to ensure the Website remains operational. By using the Website, you agree not to disable any of the advertising in the Website, including but not limited to banner ads; pop-ups or click throughs. Facesinplaces.co.uk uses third party aggregators to provide advertising and does not monitor or control the nature or appearance of specific advertisements displayed on any part of the Website.

Third party content

Facesinplaces.co.uk may contain links to other sites. Links may have been placed by Facesinplaces.co.uk; registered users within their profile or by sponsors of offers and competitions. Most advertisements throughout the site will contain links to external websites. If you do navigate to any third party website as a result of an external link, you do so at your own risk. Facesinplaces.co.uk is not responsible for the content of any external sites and recommends you read the applicable terms and policies of all external sites. Facesinplace.co.uk does not endorse any products or services advertised or supplied by third parties on our site and you buy such products and services subject to the terms and conditions of the relevant third parties and entirely at your own risk.

User disputes

You are solely responsible for your interactions with other Facesinplaces.co.uk users. Facesinplaces.co.uk reserves the right but has no obligation to monitor disputes between you and other users.

Purchasing Goods or Services

Certain areas and functionalities of the Website are only accessible upon payment of a fee, you will be notified of the fees payable if you try to access or use one of these areas or functionalities [and a list of our fees is available on the [ ]page of the Website] [Note: is there a page of the website which lists the fees?]. All prices quoted are exclusive of VAT unless otherwise stated. We shall have no obligation to provide the subscription service until we, or our payment service provider, receives the appropriate fee in full. At any point until the fee is received we may cancel your order and deny you access to the relevant service and/or our site. We aim to provide the service you have paid for promptly but we give no guarantee that any service will be available immediately. If for any reason we are unable to supply any service to you we will endeavour to notify you as soon as reasonably possible. We reserve the right to withdraw services, in which event we shall refund you any fees already paid by you in respect of your use of any service after the date of such withdrawal. All orders and purchases made through the Website are made subject to these Terms and they are also subject to any further terms relevant to specific goods or services communicated at the time such orders or purchases are made. The purchase of photographs through the Website is made through a third party provider and is subject to their terms and conditions. The payment for goods and services provided by third parties may need to be made directly to such third parties. Such payments are subject to their terms and conditions. If you purchase any goods or services from any third party such purchase shall be subject to the terms and conditions of the appropriate third party. If you purchase goods or services from us when we act as an agent for any third party, such purchase shall be subject to these Terms and the terms and conditions of the appropriate third party. In the event of any conflict between these Terms and the third party terms these Terms shall prevail. The Consumer Protection Distance Selling Regulations 2000 (“Regulations”) grants consumers, in certain circumstances, the right to cancel a contract entered into by them within certain time periods. We will honour this right where applicable but subject to the exceptions in the Regulations. Where you buy or order any goods or services through the Website that are supplied by a third party your right to cancel a contract shall be subject to such third party’s own terms and conditions. I am afraid that you will not be able to cancel any purchase of a photograph or any goods bearing a photographic image because these goods are personalised for you. In relation to any other Faces In Places merchandise you may order provided that it is capable of being returned to us at the above address in its packaging and in the same condition you shall have a cooling off period of seven working days from making the order in which to cancel the order and if you choose to cancel your order you shall be refunded your payment for your order within thirty days of notifying us in writing of your cancellation subject to you returning the ordered goods to us at the above address (or another address provided by us) at your own cost When making payment for any goods or services, including enhanced tools and mobile services, whichever method of payment you choose to use, you must either be the bill payer or have the bill payer’s express permission to make such payment.

Mobile Services

Facesinplaces.co.uk includes services that are available through your mobile phone including, but not limited to, the ability to request that your approved profile photo and username together with a link to your profile is placed upon the home page of the Website. There is a charge for this service which will be made clear to you at the point of request. This charge will be retrieved via your carrier/network provider.

Privacy of Information

In order to protect your privacy, Facesinplaces.co.uk ensures you have complete control over what information you make public and how you would like it to be shared. At any time you can access your personal settings and add; amend or remove the information you have provided. However, you cannot remove or secure any photograph that Facesinplaces.co.uk has taken of you; so if you wish to do so you should contact us directly at contact@facesinplaces.co.uk . Please click here to view our Privacy Policy.

Warranties and Limitation of liability

Facesinplaces.co.uk gives no warranties, express or implied, in relation to the content, third party applications, software or our paid for services (including without limitation warranties as to defamation, accuracy, breach of confidence, copyright ownership, moral rights, fitness for any purpose, or any other rights of any kind). Facesinplaces.co.uk disclaims all liability and responsibility arising from any reliance placed on any content by any visitor to the Website, or by anyone who may be informed of any of its contents. Materials posted on the Website are not intended to amount to advice on which reliance should be placed. All users are required to abide by these Terms and Conditions but Facesinplaces.co.uk does not control what users post and cannot accept any responsibility if any posts breach these Terms and Conditions. If you become aware of any material which has been posted in breach of these Terms and Conditions or the Privacy Policy you should e-mail contact@facesinplaces.co.uk . Furthermore, Facesinplaces.co.uk gives no warranty that its paid for services will be constant and uninterrupted although it will use reasonable endeavours to notify you in advance of any scheduled downtime. Facesinplace.co.uk accept no responsibility or liability for any interruption or delay. All implied warranties and conditions are excluded to the maximum extent permitted by law and in particular, Facesinplaces.co.uk does not warrant that the Website or its contents are virus free or compatible with your software or computer configuration. Facesinplace.co.uk accept no liability for any loss or damage of whatever nature you may suffer in the event of an infection or contamination by a virus or similar computer code designed to adversely affect the operation of any computer software or hardware. You are solely responsible for protecting your hardware, software and system from such attacks. Facesinplaces.co.uk will use reasonable endeavours to promptly remedy any faults with any of the paid for services that it provides. If Facesinplaces.co.uk are found to be liable to you, its liability (whether arising in negligence or otherwise) will not in any circumstances exceed an amount equal to the sums paid or payable by you in respect of the services to which such liability relates. In no circumstances shall Facesinplaces.co.uk be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising. You warrant that you have the right to enter into this agreement and that you will comply with the Terms and Conditions. You shall indemnify and hold Facesinplaces.co.uk harmless against any and all liabilities, claims, loss, damages and costs (including, without limitation, legal fees) arising due to your breach of any of these Terms and Conditions or of the Privacy Policy. Nothing in these Terms and Conditions is intended to limit Facesinplaces.co.uk’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Termination

• Facesinplaces.co.uk shall have the right to immediately terminate your use of the Website if the Company determines in its sole discretion that you have breached these Terms and Conditions or have otherwise been engaged in conduct which it determines in its sole discretion to be unacceptable.
• Facesinplaces.co.uk may terminate your membership or registration if it believes in its sole discretion that you are under 18. This will include the deletion of your profile and any other content or information you have published or shared through the website.
• Facesinplaces.co.uk may take down the website for any reason, or prevent your access without the need for prior notice.
• Where you have made payment for goods and services supplied by Facesinplaces.co.uk directly following either the removal of the Website or the prevention of you accessing the site Facesinplaces.co.uk will endeavour to provide you with an appropriate refund. If the goods or services were purchased or ordered form a third party through the Website and the Website is removed or you are prevented from accessing it, the supply of the goods and services is a matter for you and the third party and as such Facesinplaces.co.uk have no liability in relation to it.

Feedback

Should you wish to make any comments to the Company about the Websites or if you have any questions relating to the same please contact the Company by email on contact@facesinplaces.co.uk or writing to the Company at the above address or telephoning the Company on the above telephone number.