Terms & Conditions
1. Who we are
This website is operated by Popjustice. Our office is at Popjustice, G1-104, Old Truman Brewery, 91 Brick Lane, London E1 6QL. The following terms and conditions form the contract between Popjustice (“Popjustice”, “we”, “us” or “our”) and you, and they govern your use of the website located at http://www.popjustice.com (“Site”) and the services offered thereon. BY APPLYING FOR AND OBTAINING A PASSWORD OR OTHERWISE ACCESSING AND/OR USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. If you do not agree to all of these terms and conditions and do not wish to be bound by them, you are not authorised to access or otherwise use this Site. We reserve the right to change these terms and conditions from time to time by posting revised terms and conditions on this Site. Although we may notify you of the existence of revised terms and conditions, you are encouraged to review these terms and conditions and this Site from time to time. Changes and additions to these terms and conditions will be effective when they are posted on this Site. Your continued use of this Site following the posting of such changes will mean you accept those changes. If you disagree with the revised terms and conditions, you should discontinue your use of this Site immediately.
2. For all queries or issues please contact:
Popjustice, G1-104, Old Truman Brewery, 91 Brick Lane, London E1 6QL. Alternatively email privacy [at] popjustice [dot] com – we will endeavour to respond to email messages within five working days.
By accessing and using this Site, you represent and warrant that any information provided by you is true, accurate and complete. You agree to promptly update all information provided by you if and when it changes. You understand and agree that Popjustice may verify the accuracy of the information you provide as it sees fit, including by contacting any individual(s) or other person(s) in respect of whom you submit information via your Popjustice Account or by any other method. By submitting information via your Popjustice Account, you grant to Popjustice all necessary rights to use such information for the purposes of its business and to aid us in providing an accurate and effective service in delivering our products and services (“Usage Right”). You agree that you will do any act and execute any document required to ensure that Popjustice has the benefit of the Usage Right.
THE DECISION TO ISSUE A PASSWORD TO YOU IS IN POPJUSTICE’S SOLE DISCRETION AND POPJUSTICE RESERVES THE RIGHT TO REVOKE YOUR PASSWORD AT ANY TIME.
Use of any password issued to you shall be limited to use by you or other employees or officers of your company who require access to this Site.
You will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
You agree to immediately notify Popjustice of any unauthorised use of your Popjustice Account or password, or any other breach of security and to ensure that you exit from your Popjustice Account at the end of each session.
Popjustice will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
5. User Conduct
You agree that while using this Site, you shall not:
- Restrict or inhibit any other user from using and enjoying this Site;
- Act in any way that would damage, disable, overburden, or impair this Site or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
- Upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact;
- Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- Exploit any images and related information including, but not limited to related text, captions or footage (collectively the “Content”) or other material obtained on or through this Site for commercial purposes;
- Engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Popjustice cookies for purposes which are unrelated to Popjustice’s Service);
- Attempt to gain unauthorised access to other computer systems through this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
- Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, the Content, any portion of or access to this Site.
6. What are the rules about me supplying content?
If it is the case that you supply/upload any content to the Site – whether it be pictures, text, sound recordings or whatever – the content you supply must comply with the following rules:
- It must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
- It must not harass or bully another person;
- It must be true and honest so far as you know;
- It must not be defamatory of anyone;
- It must not use the material or content or infringe the rights or privacy of anyone else: for example you should not use images of well known characters or music;
- It must not contain someone else’s personal details or confidential information relating to other people;
- It must not promote or condone terrorism, violence or illegal behaviour.
We reserve the right to refuse to accept or refuse or cease to use any content supplied by any person that we think contravenes these rules.
7. Proprietary Rights
As between you and Popjustice, Popjustice owns, solely and exclusively, all rights, title and interest in and to this Site, all the Content, code, data and materials thereon, the look and feel, design and organisation of this Site, and the compilation of the Content, code, data and materials on this Site, including but not limited to any copyright, trade mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.
Your use of this Site does not grant to you ownership of any Content, code, data or materials you may access on or through this Site. Any commercial distribution, publishing or exploitation of this Site is strictly prohibited. You may view the content on this Site on your computer or other internet-compatible device, and make single copies or prints of the content on this Site for your internal use only.
You acknowledge that certain materials on this Site are confidential or proprietary to Popjustice, and that access is provided to you solely for the business purpose for which your access to this Site has been authorised by Popjustice.
Except as specifically set forth herein or on this Site, you will not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Site.
You shall not disclose to any third party any of the confidential or proprietary information of Popjustice. In the event that you download any material from the Site, such material is licensed to you by Popjustice for your limited internal personal use and Popjustice does not transfer title to any such material to you.
Through this Site, you will be provided with services that may include information, links to other web sites and other services and content that Popjustice may decide to offer, subject to the terms hereof (the “Services”). Popjustice may, in its sole discretion, discontinue or alter all or any aspect of the Services, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Services, at any time in Popjustice’s sole discretion and without prior notice or liability.
Popjustice intends to provide as part of the Services the most up to date images available and Popjustice will make reasonable efforts to ensure that the images are updated on a regular basis. However, Popjustice makes no guarantee whatsoever that the images posted are up to date or contemporary.
8.5. OH CHRIST THIS IS BORING
9. Links to Other Websites and Services
This Site contains links to other third party websites and services through advertising or otherwise. These links are provided for your ease of reference and convenience only. We have no control over those third party websites or services and are not responsible for their contents. We do not endorse the material contained in their websites or services, and have no association with their operators. You agree that we won’t be party to any transaction or contract with a third party that you may enter into and we won’t be liable to you for any loss or damage which you may suffer by using those third party websites and services. You agree that you will not involve Popjustice in any dispute you may have with such third party websites and services.
10. Limitation of Liability
Nothing in these terms and conditions removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which cannot be limited or excluded by the law. These terms and conditions also do not affect the rights that are granted to you as a consumer by the law. Otherwise, we will not be liable to you for any matter relating to the services offered by us. We will also not be liable to you if you suffer loss or inconvenience because of the failures of persons or systems that we do not directly control – for example, mobile phone network operators, internet service providers, software providers and telephone traffic handlers. All services on the Site are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee which services will be on the Site. We cannot promise that our services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. The services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the services is discontinued, modified or changed in any way. The views expressed in any content or material which is uploaded by you or other users of the services on the Site do not reflect Popjustice’s views.
Popjustice may, in its sole discretion, terminate your password, Popjustice Account (or any part thereof) or use of this Site without notice and for any reason.
Termination, suspension or cancellation of these terms and conditions or your access rights shall not affect any other right or relief to which Popjustice may be entitled, at law or in equity.
Upon termination, all rights granted to you under these terms and conditions will automatically terminate and immediately revert to Popjustice.
12. Trade Marks
Popjustice and the Popjustice logos, service marks and names are trade marks of Popjustice, and all other trade marks, service marks and trade names used on this Site are the property of their respective owners, and none of the Popjustice trade marks, service marks or trade names may be copied, downloaded or otherwise exploited without the express, prior permission of Popjustice or the owner of such trade mark, service mark or trade name.
13. Personal Information
14. What can we do with any material you send us?
We will use any pictures, text, video recordings or sound recordings that you send to us for the purpose stated at the point of upload. We may also publish it elsewhere, or use it for the purposes of promoting our business (for example by putting it in print or broadcasting elsewhere).
If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
16. The legal position of these terms and conditions
These terms and conditions form a legally binding agreement between you and us. These terms and conditions shall be governed by English law unless you live in Scotland in which case Scottish law shall govern, and are subject to the exclusive jurisdiction of the courts of England, Wales, Scotland and Northern Ireland. These terms and conditions were last updated on October 30 2011.
17. Here is a picture of a Missy Elliott on horseback