1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;|
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;|
|“Forum”||means a discussion forum hosted on Our Site, either on a dedicated forum page, or via a page designated as a ‘group’ or other collection of members;|
|“Private Messaging”||means a system whereby users or members may communicate with other users or members in a private manner;|
|“Post”||means a post in a Forum or via Private Mesaging, on Our Site (and includes any and all content in such posts including, but not limited to, video, audio, photographic, artistic or any other media form);|
|“System”||means any online communications infrastructure that We make available through Our Site either now or in the future. This may include, but is not limited to, contact forms, email, live chat, Private Messaging and Forums;|
|“User”||means a user of Our Site; and|
|“We/Us/Our”||means the administration team of www.miniwilly.co.uk.|
2. Access to Our Site
2.1 Access to Our Site is free of charge.
2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.1 Certain parts of Our Site (including the ability to submit Posts to a Forum) may require an Account in order to access them.
3.2 You may not create an Account if you are under 18 years of age.
3.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
3.4 We require that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorised use of your Account.
3.5 You must not use anyone else’s Account.
3.6 You may not create an account for any other person. We require You to confirm your account by email prior to activation. If it reasonably appears to Us that You have attempted to create an account for another; with the intention of causing them harassment, alarm or distress by receiving an unsolicited confirmation email, We will cooperate fully with the relevant law enforcement authorities by disclosing your identity to them. This includes, but is not limited to, disclosing your IP address. Your right to use Our Site will cease immediately in the event of such a breach.
3.7 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 14.
3.8 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
3.9 If you close your Account, any Posts you have made on Our Site will be deleted.
4. Intellectual Property Rights
4.1 With the exception of Posts (see Clause 5), all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including Posts) is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 Subject to the licence granted to Us under sub-Clause 5.4, Users retain the ownership of copyright and other intellectual property rights subsisting in Posts submitted by them (unless any part of such Posts is owned by a third party who has given their express permission for their material to be used in the Post).
4.3 For personal use (including research and private study) only, you may:
4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print pages from Our Site;
4.3.4 Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 You may not use any Content (including Posts) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate.
4.5 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
4.6 Subject to sub-Clause 4.3 and Clause 5 (governing Posts) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact Us at email@example.com.
4.7 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
4.8 Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
5. Forum and Private Messaging Posts
5.1 An Account is required if you wish to submit Posts to Our Forum(s) or avail yourself of the Private Messaging functionality. Please refer to Clause 3 for more information.
5.2 You agree that you will be solely responsible for your Posts. Specifically, you agree, represent and warrant that you have the right to use the content of a Post and that your Post will comply with Our Acceptable Usage Policy, detailed below in Clause 6.
5.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 5.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
5.4 You (or your licensors, as appropriate) retain ownership of the content of your Posts and all intellectual property rights subsisting therein. By submitting a Post, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Post for the purposes of operating and promoting Our Site and Forum(s). Other Users may also quote or share your Posts within Our Site and otherwise in accordance with the provisions of Clause 4.
5.5 If you wish to remove a Post, you may do so by using the range of tools available. Your Post will be deleted from the publicly viewable portions of the site. Please note that caching or references to your Post(s) may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
5.6 We may reject, reclassify, or remove any Posts submitted to Our Site where, in Our sole opinion, the content of those Posts violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Post(s) in question should be removed as a result.
6. Acceptable Usage Policy
6.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 6. Specifically:
6.1.1 you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
6.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
6.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
6.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
6.2 When submitting Posts (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
6.2.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.2.2 promotes violence;
6.2.3 promotes or assists in any form of unlawful activity;
6.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
6.2.5 is intended to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.2.6 is calculated or is otherwise likely to deceive;
6.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
6.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.2);
6.2.9 implies any form of affiliation with Us where none exists;
6.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
6.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.3 You may upload media involving nudity, as long as that media does not breach any other clause in Clause 6. All media involving nudity must have a privacy setting of ‘Private’ or ‘Friends’, so that it is not publicly accessible. Profile photos involving nudity are not acceptable.
6.4 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 6 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
6.4.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
6.4.2 remove any Post(s), Image(s), Video(s) or other media submitted by you that violate(s) this Acceptable Usage Policy;
6.4.3 issue you with a written warning;
6.4.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
6.4.5 take further legal action against you as appropriate;
6.4.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
6.4.7 any other actions that We deem reasonably appropriate (and lawful).
6.5 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
7. Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may not link to any page other than the homepage of Our Site, www.miniwilly.co.uk. Deep-linking to other pages requires Our express written permission.
7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
7.4 You may not link to Our Site from any other site the content of which contains material that:
7.4.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.2 promotes violence;
7.4.3 promotes or assists in any form of unlawful activity;
7.4.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
7.4.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.6 is calculated or is otherwise likely to deceive another person;
7.4.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.9 implies any form of affiliation with Us where none exists;
7.4.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.4.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
We may feature advertising on Our Site. We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
10. Disclaimers and Legal Rights
10.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any surgical or medical procedure, use of medication or drugs or any other activity related to penile enhancement, or reasonably similar.
10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
10.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
10.4 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
10.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Posts submitted by Users. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
11. Our Liability
11.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is in the form of Posts submitted by Users) included on Our Site.
11.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Posts) included on Our Site.
11.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
11.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however subject to sub-Clause 10.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content (including any provided in Posts) from it) or any other site referred to on Our Site.
11.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Viruses, Malware and Security
12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.6 By breaching the provisions of sub-Clauses 12.3 to 12.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
13. Privacy and Cookies
14. Data Protection
14.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2 We may use your personal information to:
14.2.1 Provide and administer your Account;
14.2.2 Reply to any communications you send to Us;
14.2.3 Send you important notices, as detailed in Clause 15;
14.3 We will not pass on your personal information to any third parties [without first obtaining your express permission to do so].
15. Communications from Us
15.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 21 business days for your new preferences to take effect.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com.
16. Changes to these Terms and Conditions
16.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
16.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
17. Contacting Us
To contact Us, please email Us at firstname.lastname@example.org.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.