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Terms and Conditions

Thank you for accessing www.whathappenedlastnight.net (define hereafter as the "Site"). Please read these terms and conditions (defined hereafter as the "Terms") before using the Site. The Site allows users to post content and material which may be offensive to some people. If you think that you are easily offended then we ask you not to use the Site or not to visit the said public areas of the Site.

By accessing the Site or using any of its features, you agree to be legally bound by the Terms hereof. If you do not agree to be bound by any of such Terms, you may not access the Site or use any of its features. Whathappenedlastnight.net reserves the right to change the Terms hereof without prior notice, occasionally, and at any time. Any such change shall be effective immediately upon posting the changed Agreement on the Site.

Occasionally we may modify these Terms so please check back here regularly. If you do not agree with any part of the following Terms and you may not use the site. These terms were last updated on May 1st, 2007 3:15 PM

  1. Privacy
  2. Links to Third Party Websites
  3. Our Obligations
  4. Indemnity
  5. Intellectual Property
  6. All Rights Reserved
  7. License and Download Rights
  8. Permissions
  9. Purchasing From Us
  10. Termination of Access
  11. Severability
  12. No Waiver
  13. Disclaimer
  14. Communities
  15. Entire Agreement
  16. Governing Law
  17. Copyright, Copying and Charges

Privacy
We will respect any personal information provided by you and undertake to comply with all data protection legislation currently in force. Any personal information provided by you shall be subject to our Privacy Policy. We shall not disclose your registration details to any third party without your permission unless in accordance with the terms of the Privacy Policy.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.


Links to Third Party Websites
The Site may contain links to other websites operated by parties other than whathappenedlastnight.net. Such links are provided for your convenience only. whathappenedlastnight.net does not control these websites, and is not responsible for their content. whathappenedlastnight.net's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.


Our Obligations
whathappenedlastnight.net will:

  • use its reasonable endeavours to allow users access to the Site and provide a satisfactory level of service at all times. However it does not accept any responsibility for any inability to access the Site since such factors are defined by third party provider of our hosting services;
  • provide you with up to date information on the functionality of the Site and advice and assistance on any upgrades or changes to its functionality;
  • use its reasonable endeavours to comply with any statute, regulation or other guidance as and when they come into force;
  • comply with the whathappenedlastnight.net Privacy Policy.

Indemnity
You agree to indemnify us, and our officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Site or services that we provide.


Intellectual Property
The Site, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material (hereafter defined as the "Content") is protected by copyrights, trade marks and/or other proprietary rights.

The Content includes all content owned or controlled by whathappenedlastnight.net. All elements of the Site, in particular the photographs, are copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Site.


All Rights Reserved
You may not use any of whathappenedlastnight.net trademarks or trade names without whathappenedlastnight.net consent and you acknowledge that you have no ownership rights in and to any of those names and marks.


License and Download Rights
You acquire no rights or licences in or to the Site and/or the Content other than the limited right to use the Site in accordance with these Terms and to download on the Terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Sites, including any pictures contained.

Photo download is permitted by whathappenedlastnight.net provided only that:

  • you make no more than one printed copy of such download and no further copies of such printed copy are made;
  • you make only personal, non-commercial use of such download and/or printed copy, that are to be used offline.
  • you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices, and a link is provided to www.whathappenedlastnight.net
Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Site available as part of another website, whether by hyperlink framing on the Internet or otherwise. The Site and the information contained therein may not be used to construct a database of any kind, nor may the Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Site.

Content (text, or photos) that are taken from Whathappenedlastnight without permission, or without consent, that are the copyright of Whathappenedlastnight will be charged as follows:
Photos/Movies: 75 per photograph/movie
Reviews/Text Content:10 per word
All other content: 500
All content use is subject to an additional 100 fixed charge, as well as the variable charge.

Payment Terms: Full payment terms and details will be sent with the invoice, payment terms are seven days from invoice date.
Late Fees: 100 will be levied every seven days, after the invoice date, that payment has not been received.
We actively pursue those who take copyrighted content from our website. Our actions include, but are not limited to, EUCD/DMCA takedowns, and court action.

Prints that are sold are NOT ROYALTY FREE: prints cannot be sold to third parties or used for any commercial process. If you wish to purchase any photo royalty free, you must purchase a publishing license. The license will include a CD-ROM containing the purchased photo and permission for commercial use by one party only.


Permissions
If you would like information about obtaining whathappenedlastnight.net's permission to use any of the Content, or if you would like to link your website to the Site, please e-mail alanmackin@hotmail.com


Purchasing from Us
To purchase from us you must be over 18 and resident in the United Kingdom. Currently, we can only ship photographic prints to the United Kingdom.

By submitting your order you are offering to buy the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details onto couriers and other subcontractors). We will not use your details for other purposes without asking your consent and you may ask that your details are removed from our system by writing to alanmackin@hotmail.com. Members can request to ensure their details are not passed on to seleted third parties by editing their profile (accessed by clicking on 'My Profile').

We are not obliged to supply the goods to you until we have confirmed acceptance of your order. If you discover you have made a mistake with your order please contact alanmackin@hotmail.com immediately after the confirmation of your order.




Termination of Access
In its sole discretion, whathappenedlastnight.net has the right to terminate or restrict your access to any component of this Site without notice and the right to remove any content from the Site that it considers in its sole discretion to be objectionable. These rights are in addition to any other rights and/or remedies available to whathappenedlastnight.net and without any liability whatsoever.

Termination of Access can be actioned on two levels. Both or either level can be actioned at our sole discretion:

  • Removal of members: if fake details such as names or email addresses are supplied, the user profile will removed. This is done without warning and we reserve the right NOT to provide an explanation of why a removal has been executed.
  • Cessation of membership: in this instance, your username and all associated personal details will be suspended for a period of time whilst any investigation is executed. Your username and password may be reinstated in the case of a positive outcome of any said investigation. Otherwise, your username, password, and all associated personal details will be permanently removed from our records.
  • Server-level restriction: if we find you to be in serious breach of the Terms found herein, we will take action in association with yours and our own ISP to prevent further access the Site on a server level.

Severability
Each provision of these Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these Terms howsoever occasioned.


No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.


Disclaimer
TO THE FULLEST EXTENT PERMITTED AT LAW, whathappenedlastnight.net IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, whathappenedlastnight.net DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.

whathappenedlastnight.net further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

whathappenedlastnight.net does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and whathappenedlastnight.net is not liable for any damage you may suffer as a result of such destructive features.

whathappenedlastnight.net shall not be held responsible for Content provided by third parties or by comments made on the site. Whathappenedlastnight.net is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website.

These Terms do not affect your statutory rights or your legal rights as a consumer.


Communities
The Site, amongst other things, contains certain discussion forums, bulletin board services, communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of the Communities, including without limitation the descriptions for many Communities and the content within a specific message or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. whathappenedlastnight.net has no responsibility for such content and is merely providing access to such content as a service to you.

By their very nature, Communities may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgement when using Communities.

If you discover that a third party has excessively abused the Communities facilities, please contact alanmackin@hotmail.com immediately, providing the username of said user and including any content that you feel has contradicted 'reasonable' usage rights. Said user will then be investigated accoridng to the Terms set out in the section, "Termination of Access".


Entire Agreement
These Terms, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.


Governing Law
These Terms shall be governed and interpreted in accordance with the laws of England and Wales.


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