These are the Terms and Conditions of MyCatImage.com – please read them carefully; if there is anything you do not understand or you have any questions, please feel free to email us at firstname.lastname@example.org.
By accessing www.mycatimage.com, you agree to be bound by Terms and Conditions herein; to Submit any Content (please refer to definitions below) you must be over 18 years of age.
For the purpose of this document, “Website” means www.mycatimage.com, its Facebook and Twitter pages and other related sites of App Agency Limited (referred to as “our”, “us” and “we”).
“Content” means any text, files, images, photos, video, sound, information, data, graphics, photographs, messages or any other material you Submit.
“Submitting” means emailing, uploading, posting, publishing, displaying or in any other way or form transferring the Content to the Website or to us privately.
“Third Party Content” means any Content Submitted to the Website by other users, visitors, fans, followers and similar persons accessing the Website.
2. Proprietary rights
We do not claim any ownership rights in the Content; after Submitting your Content, you keep ownership of the Content and the right to use it in any way you wish.
By Submitting the content to us, you hereby grant App Agency Limited and its owners a worldwide, royalty-free, sub-licensable, transferrable, non-exclusive, perpetual, irrevocable licence to use the content in any way whatsoever. This includes (but is not limited to) public display, distribution, publishing, reproduction, adaptation, modification, amendment, transmission of content in all its forms, for example prints, E-cards, calendars, web and mobile apps, etc.
You hereby warrant that you own the content you submit or you have the right to grant the licence specified above.
You hereby warrant that submission of your content to us a) does not violate any rights of any other person, including, but not limited to privacy rights, copyright and contract rights, b) does not breach any orders, including court orders, injunctions, judgements and other legal rulings. In case the above conditions are not met, you expressly agree to pay all fees, royalties and any other monies owed to any person as a result of your submission of content.
Our own content on the website is protected by copyright and other laws, we own and reserve all rights relating to it. We allow you to retrieve and display this content solely for your personal, non-commercial use (see below).
Third Party Content may not be copied, published, displayed, modified, altered, reproduced, distributed, sold or commercially exploited unless specifically authorised by us, and only to the extent specifically authorised by us.
We expressly prohibit using the website by anyone who infringes copyright of others, such as posting, distributing, modifying or reproducing any proprietary material belonging to someone else without having permission to do so. If you believe your copyright has been infringed, write to us at email@example.com and we will take action that we deem appropriate.
3. Non-Commercial use
The Website is for the personal use only, any other use, including, but not limited to the following, is not allowed:
- usage as or in connection with any commercial activities (unless this is specifically approved by us, and then only to the extent specifically approved by us);
- commercial advertisements, in the broadest sense of this term;
- collecting content and data, including contact details of others, from the website by any means;
- unauthorised linking to the website or framing;
- webcrawlers, spiders or similar tools to access, copy, store and/or process any content (unless we have agreed this in writing).
We reserve the right to refuse to publish or delete any content that we, in our sole discretion, deem not appropriate, for example, anything that, in our sole opinion, does not adhere to Terms and Conditions, or is offensive, threatening, harassing, illegal, racist, contains abusive, defamatory or otherwise inappropriate material, violates rights of others, contains links to adult websites or pornography, violence or exploitation, promotes illegal activities or copyright infringement, etc.
We assume no responsibility for monitoring the website of inappropriate content and no obligation to remove/modify it, unless required to do so by law. You are solely responsible for the content you submit and the way you interact with others.
5. Disclaimers and Indemnity
We are not responsible for any incorrect or inaccurate content on the website, including content submitted by users, visitors, fans, followers and other persons accessing the website.
If content contains links to third party websites, you access those at your own risk, as we are not responsible for any user generated links or content linked to. We have no control over and are not to be held responsible for any kind of advertisements on the website, including, but not limited to, information, warranties, claims or errors contained therein. We are not responsible for conduct of others. Under no circumstances shall we be held responsible for any loss or damage resulting from use of the website, for example, technical failure, damage to property, including computers and software, loss or damage resulting from any content submitted or interactions with other users. The website is provided on “AS IS” and “AS AVAILABLE” basis without express or implied warranties of any kind, and we expressly disclaim all warranties of non-infringement, title, and fitness for a particular purpose.
You hereby expressly agree to indemnify us, our owners, parent companies, subsidiaries, affiliates, partners, agents, and officers, employees, shareholders of the aforementioned, from any loss, liability, claim, demand, proceedings, whether brought or threatened, including any expenses arising out of your breach of these Terms and Conditions, your conduct on the website or your use of the website in violation of those Terms and Conditions.
You accept and agree to be bound by these Terms and Conditions upon using the Website and you reaffirm it by submitting content on the website. If you do not agree to be bound by Terms and Conditions, you should refrain from using the Website.
Failure of us to exercise any right under those Terms and Conditions is not a waiver of the right. One or more provisions being invalid or unenforceable do not make the rest of Terms and Conditions invalid or unenforceable.
By accessing and using the website you expressly and irrevocably agree that Law of England and Wales shall be the governing law and courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of Terms and Conditions (it does not limit us from bringing proceedings against you in other courts of competent jurisdiction).