By submitting your photograph to 0totasty.com you agree to the terms and conditions set out below. These special terms and conditions together with the Terms and Conditions for Website Use form an agreement between us, so please read them carefully.
The following special terms and conditions comprise further terms of your agreement with Kepak Convenience Foods (registered in Ireland no 377773) whose registered office is situated at Kepak convenience foods, unit 3, Block 10, Blanchardstown Corporate Park, Blanchardstown, Dublin 15 relating to your use of the website 0totasty.com (“the Website”). In order lawfully to use the Website and to upload photographs, you must accept all the terms and conditions contained in this agreement. If you do not accept these terms and conditions you will not be able to submit photographs for posting on the Website. Where used in this agreement, “we” and “us” means Kepak Convenience Foods or any successor or assign of Kepak Convenience Foods.
You warrant and represent to us that:
• you are 18 years old or more; and
• you are the subject of any photograph which you submit to us.
2. Content
You agree to use the Website in accordance with the following terms and conditions:
(a) Any photograph submitted by you shall only be of yourself and shall not include any other person, caption, statement or written or graphic material or representation of any kind or any birds, animals, insects or similar creatures. Any photograph which fails to comply with the forgoing shall not be published by us;
(b) You will not use or attempt to use the Website to engage in any form of offensive behaviour including the posting of any communications, photographs or pictures which are libelous, slanderous, fraudulent, misleading, a misrepresentation regarding identity or affiliation, contain or comprise abusive or defamatory statements, or contain sexually explicit material, promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or contain obscene, offensive, hateful or inflammatory language;
(c) You will not use the Website in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or to infringe any rights relating to property rights or privacy or any other rights whatsoever of any third party;
(d) You will not upload or attempt to upload photographs or other material or use or attempt to use the Website so as to:
i. infringe the rights including any intellectual property rights of any
third party; or
ii. violate any applicable local, national or international law or regulation.
(e) You will not use or attempt to use the Website to:
i. transmit any data send, upload, transfer or distribute any virus or do
anything which may harm the Website or any information technology hardware
or software in any way (including introducing Trojan horses, worms, logic
bombs, keystroke loggers, adware, spyware, or other material which is malicious
or technically unlawful;
ii. harm or attempt to harm minors in any way;
iii. send, knowingly receive, upload, download, use or re-use any material
which does not comply with our content standards contained in these special
terms and conditions;
iv. transmit, or procure the sending of, any unsolicited or unauthorised advertising
or promotional material or any other form of similar solicitation (spam).
(f) You will not reproduce, duplicate, copy or re-sell any part of our site
in contravention of the provisions of our Terms
and Conditions of Website Use.
(g) You will not access without authority, interfere with, damage or disrupt:
i. any part of our site;
ii. any equipment or network on which our site is stored;
iii. any software used in the provision of our site; or
iv. any equipment or network or software owned or used by any third party.
3. The Website
In our sole discretion, we may impose from time to time limitations, conditions or restrictions on the Website or impose limits on certain features and aspects of the Website or restrict your access to parts or all of the Website.
4. Privacy Policy, Security and Use of Information by Third Parties
The Privacy Policy of Kepak Convenience Foods forms part of this Agreement and by entering into this Agreement you also consent to how your personal data is handled by us as set out in our Privacy Policy.
You accept that:
(h) Neither the security nor the privacy of photographs which you upload can be guaranteed, and you release us from any and all liability in connection with the use of such photographs and comments;
(i) We are not liable for, and cannot control, the use by others of any information which you provide and you should use caution in selecting the photographs you provide to the Website; and
(j) We are not liable for any comments and materials sent by other users of the Website, and you release us from any and all liability in connection with such comments and materials posted by other users. All such comments and materials represent the opinions of the users concerned and do not represent the views of Kepak Convenience Foods.
The Website may not at any time be used for any unlawful purpose and you agree to use it appropriately and only for the purposes stated on the Website according to the terms and conditions of this Agreement.
5. Surveillance
We will review all photographs and materials submitted by you in order to make sure that they comply with our standards for the time being relating to subject matter on the Website.
We reserve the right, but are not obligated, at any time, to delete or edit
comments, photographs or materials, which in our opinion fail to comply with
this agreement or any applicable content standards contained in these special
terms and conditions, or to be otherwise unacceptable. You remain solely liable
for the content of photographs, comments and other materials you may upload
to the Website.
[Where we do provide any interactive service, we will provide clear information
to you about the kind of service offered, if it is moderated and what form
of moderation is used (including whether it is human or technical).]
We will do our best to assess any possible risks for users (and in particular,
for children) from third parties when they use any interactive service provided
on our site, and we will decide in each case whether it is appropriate to
use moderation of the relevant service (including what kind of moderation
to use) in the light of those risks. However, we are under no obligation to
oversee, monitor or moderate any interactive service we provide on our site,
and we expressly exclude our liability for any loss or damage arising from
the use of any interactive service by a user in contravention of our content
standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent
of their parent or guardian. We advise parents or guardians who permit their
children to use an interactive service that it is important that they communicate
with their children about their safety online, as moderation is not foolproof.
Minors who are using any interactive service should be made aware of the potential
risks to them.
Where we do moderate an interactive service, we will normally provide you
with a means of contacting the moderator, should a concern or difficulty arise.
6. Suspension and Termination
We may, in our sole discretion, suspend or terminate your access all or part
of the Website at any time, either on or without notice and for any reason
which shall include, without limitation, the breach by you of this Agreement.
We will determine, in our discretion, whether there has been a breach of these
Special Terms and Conditions through your use of our site. When a breach of
this policy has occurred, we may take such action as we deem appropriate including:
• Immediate, temporary or permanent withdrawal of your right to use
our site.
• Immediate, temporary or permanent removal of any posting or material
uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable administrative
and legal costs) resulting from the breach.
• Further legal action against you.
For the avoidance of doubt, any abusive or otherwise illegal activity by you
will entitle us to terminate access to all or part of the Website. If we suspend
or terminate your access to the Website we may notify your details to the
appropriate law enforcement authorities. Any and all disclaimers, indemnities
and exclusions in these terms and conditions shall survive termination of
this Agreement.
We exclude liability for actions taken in response to breaches of this acceptable
use policy. The responses described in this policy are not limited, and we
may take any other action we reasonably deem appropriate.
7. Intellectual Property Rights
All copyright, database rights and other intellectual property rights in the Website (other than material and comments provided by users), are vested in Kepak Convenience Foods or their licensors. You may not modify, copy or distribute any such rights in any way whatsoever without having first obtained the express written consent of the owner of such rights.
By submitting photographs and comments to us, you warrant and represent that you are entitled to provide us with such materials and that you grant us a non-exclusive, royalty-free, irrevocable licence to copy, modify, distribute and use those materials on the Website in accordance with this Agreement. You also hereby irrevocably and unconditionally waive all moral rights (if any) vested in any such photographs and comments under the Copyright, Designs and Patents Act 1988 or in any other equivalent or similar legislation in any other country in the world.
8. Interruption
You acknowledge that we are not responsible for any interruption or suspension of the Website regardless of the cause.
9. Indemnity
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, costs, claims and expenses including without limitation reasonable legal fees, which we may incur as a result of your use of the Website, including without limitation, any breach by you of this Agreement or any complaints or actions made or brought against you. You shall co-operate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
10. No Warranties
To the extent permitted by applicable law, no warranty or representation (express or implied) is given as to the accuracy of any photographs, information or material on the Website. We do not accept liability for any errors or omissions on the Website or that the operation of the Website is error free. The availability of the Website may be delayed and interrupted. Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to any use any of this Website or reliance on the data transmitted using this Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with these terms and conditions or use of this Website save where such liability cannot be excluded by law. You acknowledge the use of the Website is at your own risk.
11. Amendments
The terms and conditions of this Agreement may be amended by us from time to time and at any time. We will notify you of any such amendments either by a notice on the Website or sent to you by e-mail, as we may determine in our sole discretion. If you do not agree to any such amendments, you should terminate this agreement and your use of the Website. Use by you of the Website now, or following the posting or receipt of notice of any changes to terms and conditions of this Agreement constitutes a binding acceptance by you of this Agreement, or any amendment made by us.
12. Miscellaneous
These terms and conditions include our Privacy Policy and comprise the entire agreement between you and us concerning this Website, and they replace all earlier agreements and understandings between us, except for any fraud or fraudulent representation made by either of us.
A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
You may not assign any of your rights or benefits under this Agreement to any third party. Kepak Convenience Foods may assign and subcontract any or all of its rights and duties under this Agreement or to the Website to any third party.
This agreement shall be governed by and construed in accordance with English
law and any disputes shall be subject to the non-exclusive jurisdiction of
the English courts, to which both parties submit.