Terms and Conditions

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Vimodji Terms of Service

Please read these Terms of Service (collectively with Yourmoods, Lds.’s Privacy Policy (https://vimodji.com/content/5) and DMCA Copyright Policy (https://vimodji.com/content/3), the "Terms of Service") fully and carefully before using vimodji.com (the "Site"), any of the application programming interfaces offered by Yourmoods, Ltd. (collectively, the "API") and the services, features, content or applications offered by yourmoods, Ltd. ("we", "us" or "our") (together with the Site and the API, the "Services"). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

Acceptance of Terms of Service.

  1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to      time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

  3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

  4. Eligibility. You represent and warrant that you are at least 17 years of age. If you are under age 17, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

  5. Registration. While general use of the Site does not require you to have an account, to use some aspects of the Services, you must register for an account (an "Account"). You must provide accurate and complete information and keep your Account information updated. Should we require that you select a username, you    shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

  6. Content.

Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, video clips, images, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

a.  User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

b. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

c. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download, stream, and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

d. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds and via our API), and including after termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after termination your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

e. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify, or block from the Services any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the final sentence of the immediately foregoing paragraph), or for no reason at all.

7. User Submissions. 

You understand that all content you submit through the Services including, without limitation, data, information, photographs, graphics videos, audio files, writings, GIFs, and software ("Submissions"), whether publicly posted or privately transmitted, via forums on this Site or otherwise, are the sole responsibility of the person from whom such Submissions originated. This means that you are entirely responsible for all Submissions that you upload, post, email or otherwise transmit via this Site. We do not control the Submissions posted or otherwise provided by third parties via this Site and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using this Site and accessing these postings, you may be exposed to Submissions that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Submissions including, but not limited to, any error or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise transmitted via this Site.

You represent and agree that your Submissions to the Site are not confidential or proprietary, and you grant us the worldwide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or in part), in any form, media, or technology now known or later developed. You also grant each user of the Site and/or the Services a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license, without the right to grant sublicenses, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions in any form, media, or technology now known or later developed. The foregoing licenses do not affect your ownership of the Submissions, unless we and you otherwise agree in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights including, without limitation, any patent, copyright, trademark or other intellectual property or proprietary rights.

8. User Conduct.

    You agree to not use this Site to:

    1. upload, post, email or otherwise transmit any Submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

    2. harm minors in any way;

    3. impersonate any person or entity, including but not limited to, a Vimodji official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    4. forge any TCP/IP packet headers or any part of the header information or otherwise manipulate identifiers in order to disguise the origin of any Submissions transmitted through this Site;

    5. upload, post, email or otherwise transmit any Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    6. upload, post, email or otherwise transmit any Submissions, including metatags, that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    7. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    8. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in those areas of this Site that are designated for such purposes;

    9. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

    10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;

    11. stalk or otherwise harass another;

    12. circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;

    13. attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach or impair or circumvent any security or authentication measures protecting the Site or the Services;

    14. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the services; or

    15. collect or store personal data about other users.

    You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any Submissions that are available via this Site. Without limiting the foregoing, we have the right to remove any Submissions that violate the Terms of Service or are otherwise objectionable as we determine in our sole discretion.

    You acknowledge and agree that we may preserve Submissions and may also disclose Submissions if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users or the public.

Vimodji's API.

API License. Subject to these Terms of Service, we hereby grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, worldwide, limited, royalty-free right and license to access and use our API solely to allow for the creation of software applications that interface with the Services or to embed or otherwise display Content on third party websites and mobile platforms (collectively, the "Applications"). We reserve the right to deny and/or revoke access to the API for any reason or no reason, at any time, without notice. Subject to these Terms of Service, we hereby grant you a non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable, worldwide, limited, right and license to use, reproduce, display, and distribute the Vimodji trademarks and service marks (the "Vimodji Marks") solely in connection with your licensed and authorized use of the API. You may not use the Vimodji Marks in the titles or logos of Applications or other products or services, or in any way that implies our endorsement or sponsorship, or false association with such Applications. You shall (i) conspicuously label any Application with the words "Powered by Vimodji," and the Vimodji logo, and (ii) comply with the branding requirements that we may provide to you from time to time. For example, you agree not to use the name or logo "Vimodji," or "Yourmoods, Ltd" or any similar names or logos, in your Application. You acknowledge and agree that any and all goodwill accruing from the use of the Vimodji Marks shall inure solely to our benefit and that, other than the limited license granted herein, you have no right, title, or interest in any of the Vimodji Marks.

a. API Limitations. You agree to respect the programmatic limitations of our API and the restrictions of these Terms of Service in designing and implementing Applications. In addition, you shall comply with any limitations on the frequency of access, calls and use of the API as provided to you by us from time to time. We expressly reserve the right in our sole discretion to limit the number and/or frequency of the API requests. You acknowledge that we may change or republish the API at any time and that it is your obligation to ensure that calls or requests you make through the Application are compatible with the then-current API. We may attempt to inform you of any changes with reasonable notice so you can adjust your service but are under no obligation to do so.

b. No Misleading Users. You may not, under any circumstances, mislead or confuse users as to the features, functionality, origin, capabilities, or other aspects of an Application, including through an Application description. You shall make sure that your users understand that Applications are not official applications of ours or endorsed by us in any way.

c. Application Support. You are solely responsible for any Applications that make use of the Services and for providing all support and technical assistance to end users of the Applications. You acknowledge and agree that we have no obligation to provide support or technical assistance directly to your end users or to you, and you shall not represent to any of your end users that we are available to provide such support.

d. Ownership. The API, and all intellectual property rights therein, are and shall at all times remain our and our licensors’ sole and exclusive property.

e. Downtime and Suspensions. Your access to and use of the API or the Services may be interrupted for the duration of any scheduled, unscheduled, or unanticipated downtime, suspension or other unavailability, for any reason and in our sole discretion, including but not limited to: (i) as a result of power outages, system failures or other interruptions, (ii) for scheduled and unscheduled downtime to permit maintenance or modifications to the API or the Services, (iii) in the event of a denial of service attack or other attack or event that we determine may create any risk to us, you or any of our users, customers, or licensees, or (iv) in the event that we determine that any Service is prohibited by applicable law or otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any downtime, suspension or other unavailability of the API or the Services.

Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet including those that provide Content through our API, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these Terms of Service which by their nature    should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

 . We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

 . which users gain access to the Services;

i. what Content you access via the Services; or

ii. how you may interpret or use the Content.

a. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

b. The services and content are provided “AS IS”, “AS AVAILABLE” and without warranty of any kind, express or implied, including , but not limited to, the implied warranties of title, non-infrigment, merchantability and fitness for  a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warranty that: (I) The services will be secure or available at any particular time or location; (II) Any defects or errors will be corrected; (III) Any content or software available at or through the services is free of viruses or other harmful components; OR (IV) The results of using the services will meet your requirements. Your use of the services is solely at your own risk.

  1. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  2. Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $100.00.

  3. Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the United Kingdom, including its conflicts of law rules, and the United Kingdom. You agree that any dispute arising from or relating to the subject matter of these Terms of Service    shall be governed by the exclusive jurisdiction and venue of the United Kingdom.

  4. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or Content) at any time by posting updates and/or changes to the Site (or the applicable Services) or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You shall be responsible for reviewing and becoming familiar with any such modifications, including by checking these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

  5. Miscellaneous.

 . Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

a. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

b. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

c. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

d. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@moodgems.com.

e. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

f. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact. You may contact us at the following address: 40 Gracechurch Street, London, EC3V 0BT, UK

DMCA copyright policy

Please read the DMCA Copyright Policy at https://vimodji.com/content/3)

Privacy policy

Please read the Privacy policy at https://vimodji.com/content/5

Effective Date of Terms of Service: Feb 1, 2018


Legal Department
Yourmoods, Ltd.
40 Gracechurch Street
London, EC3V 0BT, UK

“SHARE YOUR XMAS MOOD” COMPETITION
TERMS AND CONDITIONS


1.   Who is organising the competition?

Yourmoods Limited ("Yourmoods" or the "Organiser"), a company incorporated in England and Wales, under number 08796474, having its registered office at TC/O Iplan Accounting Ltd 40 Gracechurch Street, Iplan, London, United Kingdom, EC3V 0BT, is organising, in the UK, a competition named “SHARE YOUR XMAS MOOD” taking place from 21st December 2018 at 00:00 GMT to 2nd January 2019 at 23:59 GMT (the "Competition Period"), online, (hereinafter referred to as the "Competition"), via the website indicated under paragraph 3.

2.   Who can participate?

Participation in the Competition is free and there is no obligation to purchase.

The Competition is only open to all residents in the UK aged 18 years or over, except:

(a) employees of the Organiser or its holding or subsidiary companies;
(b) employees of agents or suppliers of the Organiser or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
(c) members of the immediate families or households of (a) and (b) above.
By submitting a Competition entry, each participant is agreeing to be bound by these terms and conditions. All participants hereby acknowledge to have read, understood and accepted these terms and conditions. Any breach of these terms and conditions shall lead to invalidity of participation.

No participation in the Competition shall be accepted outside the Competition Period. Consequently, no incomplete, inaccurate participations shall be accepted or those including incorrect information/data.

The Organiser reserves all rights to disqualify a person if their conduct is contrary to the spirit or intention of the Competition.

3.   How can you participate?

To participate, each participant must:

-   Visit the website/ page www.vimodji.com; (the “Website”);
-   Join the Website by completing the various compulsory fields in the registration form (username, first name, surname, email address), ticking the "I’ve read and accept the terms and conditions" box and confirming by clicking the relevant button;
-   Visit the page www.vimodji.com/xmas;, selecting and sharing a vimodji video through Facebook, Twitter or VK; and
-   Take a screen shot of a shared post of vimodji clearly showing that the vimodji has been publicly or privately shared on Facebook, Twitter or VK (the “Entry Screenshot”).

A single participant may enter the Competition multiple times, however each participant may only share a maximum of ONE vimodji video per hour during the Competition Period. Any entries made in excess of this shall not be considered as valid entries.

Please note that participants must select and share a vimodj from the www.vimodji.com/xmas; page. Any video selected and posted from any other website or page (including www.vimodji.com; ), will NOT constitute a valid Competition entry.

Any incomplete or inaccurate details, or missing an Entry Screenshot, shall invalidate a participant’s entry and shall prevent them from claiming the prize.

The winner hereby authorises all verifications of his/her identity and details provided.

4.   How are the winners chosen?

There will be 2 winners selected from all eligible entries, using true random generator software. The winners will be selected on the 8th of January 2019 at 17:00 GMT.

The names of winners may be sent at the request of any participant making a request in writing (and who encloses a self-addressed envelope), within the limit of one month following the end of the Competition Period, to the following address: Yourmoods limited, 40 Gracechurch Street, London, United Kingdom, EC3V 0BT.

5.   What is the prize?

In the framework of the Competition, 2 prizes (one per winner), as described below may be won:
Samsung Galaxy S9 (SM-G960F/DS) – 64 GB
Each prize is available for an indicative value of £699 GBP including VAT.

Prizes may not be transferred, are not exchangeable and may under no circumstances be reimbursed in cash or be the object of any counterparty whatsoever.

The prize may not be the subject of any claim of any nature whatsoever by the winner.

The total value indicated for the prizes set out above is only given by way of a guide and is subject to change. It is the equivalent of the retail price including VAT of the goods offered and as practiced or estimated as at the date of drafting these terms and conditions.

In the event of any case of force majeure or if circumstances outside of the control require, the Organiser hereby reserves the right to cancel or modify these terms and conditions and to replace each prize indicated by a prize of an equivalent value and/or with similar characteristics.

In case of participation of less than 2000 participants, only one samsung will the awarded. In the case of more than 2000 participants, two smartphones will be awarded

6.   How will the prizes be issued?

Each winner shall be duly informed by email at the email address indicated in the registration form to join the Website, on 8th January 2019.

The winner should respond to this message within a period of 14 days following the date on which said message is sent, sending the Organiser a copy of the Entry Screenshot and their postal address. Subject to the receipt of the Entry Screenshot and the postal address within such time frame, the prize will be allocated and sent by post.

If the winner, once contacted, fails to respond within a period of 14 days following the date on which the email is sent notifying them of the prize, and/or fails to send the Organiser a copy of the Entry Screenshot and its postal address, the prize shall be relinquished and the Organiser hereby reserves the right to reallocate the prize.

7.   What about intellectual property rights?

No provision appearing in these terms and conditions may be interpreted as transferring or conferring to participants and/or winners any right over trademarks, models, distinctive signs, presentations, copyright and, more widely, intellectual property rights, deposited trademarks or not, used or held by the Organiser

Participants shall refrain from harming in any manner whatsoever intellectual property rights (trademarks, domain names, copyright, similar rights, sui generis rights of database producers) of the Organiser.

In this regard, it is strictly prohibited to reproduce, represent, modify, transfer, publish, adapt, on any medium whatsoever, by any means, or use in any manner whatsoever, web pages in whole or in part or information pertaining to the Competition without the prior written authorisation of the Organiser.

8.   What about liability?
   
The liability of the Organiser may not be incurred if, following any case of force majeure, or circumstances outside of its control or where circumstances require, the Competition should be cancelled, curtailed, extended or the conditions are amended, in whole or in part. Participants may not claim any compensation in this regard.

The Organiser may not be held liable in the event of any technical defective operation of the Competition. Participants may not, consequently, claim any compensation in this regard.

The Organiser hereby relinquishes all liability in the event of issues with the Internet, technical defect, anomalies, hardware or software faults of any nature (virus, bugs, etc.) occurring on the system of the participant, on its IT hardware and data stored thereon. The Organiser shall not be held liable for consequences resulting on personal, professional or commercial activities of the participant.

Any fraud or attempt at cheating by any participant, by any technical method whatsoever, notably by the creation of false identity allowing for multiple registrations, shall result in the invalidity of all entries by that person.

The Organiser may cancel the Competition, in whole or in part, if it appears that fraud has taken place, in any form whatsoever, in the framework of participation in the Competition. The Organiser reserves the right, in this instance, not to allocate prizes to parties committing fraud and/or take legal action before the courts with jurisdiction against the parties committing this fraud.

The Organiser shall not be held liable for any delay or problem to supplies caused by strikes or problems in the postal service.

Facebook, Twitter and VK may not under any circumstances be considered as a sponsor and/or organiser of this Competition and may not be held liable for any claim pertaining to organisation, participation and progress of the Competition.

9.   What about personal data?

In the running and management of the Competition, the Organiser shall comply with the Data Protection Act 2018 and the terms of its Privacy Policy.
Collection of personal data concerning the participant by the Organiser is intended for the legitimate interest of the Organiser in respect of the due and proper progress of the Competition, in particular the possibility to contact winners and provide the prizes in an efficient and timely manner. Personal data concerning participants shall not be collected by Facebook, Twitter or VK but only by the Organiser.
However, if any participant should object to the collection of personal data required for participation in the Competition and its consequences as outlined in these terms and conditions, it is accepted that all entries made by that person shall be invalid and shall not be eligible to win the Competition.
Exercising the right of withdrawal prior to the end of the Competition shall lead to automatic cancellation of participation by the participant in the Competition.


10.   What is the applicable law?
These terms and conditions shall be governed by the law of England and Wales, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.



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