1. Introduction
This web site ("Site") is operated by Bubblesnaps Ltd ("we" or "us").
The Site provides access to a number of services that may be used in accordance with these terms and conditions ("Terms"). The services include: the ability to upload digital images to the web site; the ability to create captions on your images to be displayed to others; The ability to distribute via e-mail, links to your images and captions;
These Terms govern the relationship between you and us. The Site (and the service provided through the Site) can only be used if you agree to these Terms. You may only use the Site in accordance with these Terms. Only persons aged eighteen years or over may agree to these Terms and use the Site or the services offered through the Site.
We may modify these Terms at any time. We will post the modified Terms on the Site. The modified Terms will come into effect as soon as they are posted on the Site and use of the Site (or of any services provided through the Site) after that point will be subject to the modified Terms.
These Terms constitute the entire agreement between us and you with respect to your use of the Site. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.
If you have any comments or questions about the Site and its services please contact us by e-mail at support@bubblesnaps.com
2. Ownership of Materials on Site
We are, unless otherwise stated, the owner of all copyright and database rights in the Site and its contents. You may not publish, distribute, extract, re-utilise or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the Copyright Designs and Patents Act 1988 or the Copyright and Rights in Databases Regulations 1997 as applicable or any equivalent legislation as may apply.
3. Copyright of Your Images
We do not claim ownership rights in any image uploaded by you to the Site; however, for the sole purpose of enabling us to display your images through the Site, you grant us a non-exclusive, royalty-free licence to use, copy, distribute, and display those images.
When you upload your images and create captions on the Site, you allow any user of the Site to view your images and captions. We do not guarantee that only your intended recipients will be able to view your images and captions. Please be aware that links to your images and captions may be forwarded to others.
When using the site to send links to your images and captions, you may check the option to allow users to save your image and captions, or use your image create their captions. By doing so you grant any user of the Site a non-exclusive, royalty-free licence to use, save, copy, distribute, and display your image on the Site.
4. Infringement of Your Copyright
If you believe the copyright in your work has been violated through the Site, please contact us for notice of claims of copyright infringement. You must provide us with the following information, which we may then forward to the alleged infringer:
- identify the material on the Site that you believe infringes your work, with enough detail so that we may locate it on the Site;
- provide the full web address (URL) of to the image on the Site.
- provide your address, telephone number, and email address;
- provide a statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorised to act on behalf of that owner;
Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may terminate the account of the member who appears to be infringing your intellectual property rights.
5. Conduct
You are responsible for all of the images and content you upload, share or copy using the Site. You must have the legal right to copy and display each image that you upload. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Site.
You agree not to use the Site:
- for any unlawful purposes;
- to upload, post, e-mail or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
- to upload, post, print, e-mail or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Bubblesnaps Ltd;
- to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- to upload, post, e-mail or otherwise transmit any material which is likely to cause harm to our, or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Site which may cause any defect, error, malfunction or corruption to the Site;
- for any commercial purpose.
You further agree that you shall not:
- interfere with or disrupt (or attempt to interfere with or disrupt) this Site or servers or networks connected to this Site, or to disobey any requirements, procedures, policies or regulations of networks connected to this Site; or
- provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
6. Monitoring of Content
We do not control the content of the Site and do not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Site.
7. Registration for ‘My Bubblesnaps’
You agree that the information that you provide to us on registration to ‘My Bubblesnaps’ and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
8. Suspension and Termination of Accounts
You agree that we may at any time without notice:
- refuse to accept your application to become a registered member of the Site,
- move or suspend any part of the Site; or
- terminate your account and delete any content stored in your account
9. External Links
From time to time we may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree we are not liable for any loss or damage that you may suffer by using other websites.
10. Privacy
We have a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of our Privacy Policy are incorporated into, and considered part of, these Terms.
11. Disclaimer of Warranty and Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, special, exemplary and punitive damages resulting from the use of the Site, even if we have been advised of the possibility of such damages.
We try to ensure that the Site is available 24 hours a day 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Bubblesnaps Ltd. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site.