Agreement to terms
Welcome. These Terms set some basic ground rules for the use of our service. These small notes in italics provide quick snapshots of sections or clauses but are not part of the legal terms.
- Welcome to Popup Weddings (our Service), a website creation and hosting service operated by It’s Not Rocket Surgery LLP (we, our, us). It is our pleasure to have you with us. We are a company in trade registered in England and Wales under company number OC377143 and with our registered office at Ashton Place, Hursley Road, Eastleigh, Hampshire, SO53 1UB, UK. Our VAT number is GB158294381.
- We provide:
- registered users (Customers) with the ability to create their own wedding websites (Sites), as further described on our website from time to time; and
- non-registered users (the Public) with the ability to access this website and Customer websites that we host.
- When we use the terms you and your, we’re referring to our Customers and to members of the Public who access this website or any Site.
Terms with special meaning
Some words or phrases in these Terms have special meanings. Where that’s the case, they have capital letters and, when first defined, are in bold. Some are defined in particular clauses. A couple are defined below.
- When we use the term: Consumer, we mean an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;Fees, we mean the charges set out in our pricing plans or promotions or otherwise agreed with us, that you need to pay if you wish to obtain and continue to enjoy our premium Service offerings, as well as any additional charges payable as described in our pricing plans or on our website if you exceed the storage or usage allowances for your selected plan;Intellectual Property Rights, we mean all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights and rights in designs); andUse Licence, we mean a non-exclusive, worldwide, royalty free, perpetual and irrevocable licence to store, copy, optimise, publish and otherwise use Customer Content, for the purposes of providing or promoting our Service, fulfilling our obligations under these Terms and exercising our rights under these Terms.
- When we refer to agreeing to or permitting something “in writing”, that includes by electronic means such as email or via online support.
Becoming a Customer
To become a Customer and get your own Site, you need to register and comply with a few formalities.
- To create and maintain a Site and to obtain online support, you need to be a Customer and to pay all applicable Fees.
- Unless we agree otherwise, you must be at least 16 years old to become a Customer.
- If you register to become a Customer, you will be asked to create a password and you will be assigned a username. You need your email address or username, and password to access the dashboard for the Site you will create and maintain. It is through the dashboard that you select the look and feel for your Site and add content to your Site.
- You are responsible for selecting a secret and strong password and for maintaining the security of your username and password.
- You need to provide your full name, a valid email address and any other information we request to complete the registration process and you need to keep these details up to date. Fictitious entries are not permitted.
These provisions confer special cancellation and refund rights on consumers, given that we are based in a European member state and therefore subject to the requirements of the Consumer Rights Directive (2011/83/EU) as implemented in the laws of our country. They do not apply to commercial customers.
- Clauses 14-17 apply to you if you’re a Customer who is also a Consumer (as defined above). For Consumers, they prevail over any other clause in these terms that is inconsistent with them. These clauses 14-17 do not apply to commercial customers.
- You have a right to cancel your agreement with us for the purchase of our services within 14 days after the day on which you signed up for a paid plan or subscription (the Cancellation Period). You do not need to give us any reason. To cancel your agreement, all you need to do is inform us of your wish to cancel. You can inform us by completing the Consumer Cancellation Form at https://weddings.popupsites.com/terms-of-use/cancel or by emailing us at email@example.com. We will acknowledge your cancellation by return email. Alternatively you can cancel through the My Account area of our Service after you have logged in. To benefit from the reimbursement provisions below, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired.
- If you cancel your agreement in accordance with clause 14, we will reimburse all or some of the Fees you paid us in relation to the relevant plan or subscription when agreeing to these Terms and purchasing a subscription, as further described in clause 17 below. Reimbursement will be made within 14 days after the day on which we were informed of your decision to cancel your subscription.
- In agreeing to these Terms and signing up to a paid plan or subscription, you acknowledge and agree that you are making an express request for supply of our services before the end of the Cancellation Period (as you are able to generate a Site and use our Service immediately upon payment).
- You acknowledge that we may make a deduction from the amount of reimbursement you are entitled to under clause 15, for the period you received the Service, that is proportionate to the duration of service provided relative to the plan or subscription period for which you have paid.
It’s important, for both you as a Customer and us as your service provider, that you only use content on your Site that you’re allowed to use, that you respect other people’s rights, that you comply with applicable laws and that we’re protected where you don’t do these things. You retain ownership of your content but you allow us to use it to provide our Service.
- Clauses 19-25 apply to Customers. They deal with content that Customers upload or otherwise add, or allow to be uploaded or added, to any area of our Service.
- You promise to us, now and in the future, that you do and will have all the rights you need to upload or otherwise add content to:
- your Site; or
- any other Site, blog or posting area on our Service to which you add content.
We call this content Customer Content. Customer Content might include text, photographs, illustrations, design elements, code, audio files or video files.
- You also promise that you will not, in connection with the use of your Site or any other area or feature of our Service:
- breach any laws or legally binding codes (including privacy, data protection and anti-spam laws);
- infringe any person’s Intellectual Property Rights or other legal rights (such as privacy or personality rights where they exist); or
- do anything else that gives someone a right of action against us or you or any third party,
in each case in any jurisdiction and under any applicable law.
- You are responsible for the consequences of your Site containing content that you allow other people to add to your Site. We do not review that content before it is published.
- If we are so instructed by a licensor or supplier of any third party content (e.g., Customer Content that you don’t own or content added by Site users that they don’t own), we may give written notice to you to cease using that licensor’s or supplier’s content and you agree to comply with it. The notice may require you to delete the content.
- If we believe or suspect that you have breached any of clauses 19-22 we may:
- suspend, amend or delete the relevant Customer Content or other content; and/or
- suspend your access to our Service while we look into the matter.
- If you have chosen to password protect your Site or portions of it, we will not openly publish any Customer Content or other content that you have password protected.
- We do not claim ownership of Customer Content but, except as stated in this clause, you grant us a Use Licence. We appreciate that you may not be able to grant this Use Licence for stock media that you don’t own but are licensed to use. Where that is the case, you will ensure that the licence you have to use that media permits reproduction on our Service. If it does not, you must not add that media (or, if it is already on the Service, you must remove it promptly).
- We will not sell Customer Content to any third party and we will not publish it on any other platform without your consent.
Content added by any member of the Public
If you’re a member of the Public, you also need to be careful when adding content to any part of our Service. As with Customers, you retain ownership of your content but you allow us to use it to provide our Service.
- Clauses 28-29 apply to any member of the Public that adds any content to this website or any Site, blog or other posting area on our Service (we call these Posting Areas).
- You promise that you have all the rights you need to add content to any Posting Area and that you will not do anything that, under clause 20, we do not allow.
- We do not claim ownership of your content but you grant us a non-exclusive, worldwide, royalty free, perpetual and irrevocable licence to store, copy, optimise, publish and otherwise use the content you upload or otherwise add to any Posting Area, for the purposes of providing or promoting our Service, fulfilling our obligations under these Terms and exercising our rights under these Terms.
Our Intellectual Property Rights
You’re only allowed to use our Intellectual Property Rights unless we permit you to do so.
- Except for Customer Content and content added by members of the Public, we or our licensors are the owners of the Intellectual Property Rights in all materials on and comprising this Service.
- You may not use our Intellectual Property Rights and materials unless:
- you are authorised to do so under these Terms; or
- in relation to particular materials, you are authorised to do so by statements that accompany those materials; or
- we provide consent to you in writing.
Fees and account upgrades and downgrades
You need to pay our Fees when due. They are charged in advance. We may revise our Fees. You can change plans when we allow you to do so. We don’t issue refunds. We may charge interest on late payments.
- You must pay all applicable Fees for our services (monthly, six-monthly or annually in advance) and in the manner we specify which is by using credit card. Fees are subject to change on 30 days’ notice, with revised Fees applying from the date of the end of your currently paid-up period. Such notice may be provided at any time by our posting the changes to our Service.
- If you are registering for a new paid plan or are upgrading from a free plan to a paid plan, you will need to pay the applicable Fees before obtaining the features of the paid plan you select. If you upgrade from one paid plan to another paid plan, you agree that we may charge your credit card for the increased amount from the time you upgrade.
- Our Fees are charged in advance on a monthly, six-monthly or annual basis. There will be no refunds or credits for partial periods of service, no upgrade/downgrade refunds and no refunds for periods during which you elect not to use our Service. Your subscription to our Service will renew automatically for the same period you have selected unless you cancel your account before the end of the then current period. If you change your billing cycle (e.g., from a monthly plan to an annual plan), the change will take effect at the end of your then currently paid up period.
- If you don’t pay Fees owing to us when due, we reserve the right to suspend or terminate your account if you fail to pay or are late in the payment of applicable Fees. You acknowledge and accept that this may result in a loss of data.
You need to protect us from costs and claims we incur from your breach of these Terms or from content you allow others to post.
- You will indemnify us and our directors, officers, employees and agents, and keep us and them indemnified, against all liabilities, damages, losses, costs and expenses (including legal expenses) that we suffer or incur as a result of any breach by you of any of these Terms or as a result of publication on our Service of content that you allow other people to add to your Site.
Cancellation and termination
You’re responsible for cancelling your account. When you cancel, your content becomes inaccessible and we may delete it. We may suspend or terminate your account for certain reasons.
- If you’re a Customer, you are responsible for properly cancelling your account. You can cancel your account at any time by contacting Support at firstname.lastname@example.org or by using any other account termination method described on this website from time to time. Your account will not be cancelled until you receive an acknowledgement of receipt from us (we seek to process cancellation requests as soon as possible).
- When your account is cancelled, you will not have further access to your Customer Content and we may delete it. Once deleted, your Customer Content cannot be recovered.
- If you cancel your account before the end of your current paid up period, your cancellation will take effect at the end of the relevant period and you will not be charged again.
- We may suspend your access to our Service or your Site, or terminate your account, in each case with or without notice, if you breach any of these terms or if we need to do so for security reasons.
- We also reserve the right to suspend or terminate our Service, or any part of it, as well as the right to refuse service to anyone, for any reason at any time.
- You will not be entitled to any refund of Fees already paid upon suspension or termination of your account.
Disclaimer and exclusion of warranties and liability
This means we don’t promise the Service will always work flawlessly. We won’t be liable for the consequences of a range of actions concerning our Service or content or other material on it.
- You acknowledge that our Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, all warranties and representations in relation to our Service, whether express or implied, are excluded. Without limiting that statement, you acknowledge that we do not warrant or represent that our Service will operate without interruption or will be error-free.
- To the maximum extent permitted by law, we disclaim and exclude, and you understand and agree that we will not be liable for, any direct, indirect, incidental, special, consequential, exemplary, punitive or other damages, losses, expenses or costs of any kind and on any legal basis (including negligence), including but not limited to any and all damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) your use of our Service or any Customer Content (whether your own or others’) or any other content on or linked to from our Service or your inability to use our Service; (b) unauthorised access to or alteration of your Customer Content or any other content; (c) the inclusion of any virus or malware in any Customer Content or other content or materials posted to our Service or any part of it; (d) the statements or conduct of any third party on our Service; (e) loss of data or information; or (f) any other matter relating to our Service or its use.
Promotion and affiliate links
We may promote our Service and earn money from advertising and affiliates.
- You agree that we may:
- include a credit or attribution statement in the footer of your Site with a link back to this website (if we do, you are not allowed to remove it without our consent);
- display advertisements on your Site unless your paid plan states there will be no advertisements; and
- use affiliate links in or for your Site in accordance with our Affiliates Linking Policy (as updated from time to time).
These are a bunch of general legal terms that lawyers reckon we need to include. They protect our position and set out the law that governs these Terms and the place in which disputes will be heard (not that we think we’ll have any).
- You promise and represent to us that you have the legal right and authority to enter into these Terms and perform your obligations under them.
- You must not:
- modify, adapt or hack our Service or attempt to do any of these things;
- frame, embed or otherwise re-publish or re-distribute our Service (or any part of it) in another website or application, or by any other means, unless authorised by us in writing; or
- use our branding assets (such as but not limited to our logo) except as expressly authorised by us, either in writing to you or through, for example, a published trade mark or similar usage policy.
- You promise:
- not to upload or transmit to or from our Service any content that is obscene, pornographic, defamatory, threatening, invasive of privacy or that is otherwise, in our opinion, injurious or objectionable, including any worms or viruses or any code of a destructive nature; and
- to comply with any usage policies or other guidelines posted to our Service from time to time.
- We do not review Customer Content and other content added to our Service. Your publication or use of it is at your own risk.
- Abuse of any kind of any of our customers or staff may, at our discretion, result in immediate account termination, without refund of any Fees already paid.
- We do not allow you to sub-license, assign or resell any of your rights or permissions to use our Service. We may assign or transfer our rights under under these Terms or novate our agreement under them with you to another party.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Unless otherwise expressly agreed in writing, these Terms constitute the entire agreement between you and us.
- If any provision of these Terms or its application to any person or circumstances is held to be illegal or unenforceable:
- that provision will continue to apply, to the maximum extent permitted by law, to other persons or circumstances not affected by the illegality or unenforceability;
- the illegal or unenforceable provision will be deemed to be amended to reflect the original intention as nearly as possible in accordance with applicable law in respect of those persons or circumstances giving rise to the illegality or unenforceability; and
- These Terms and your use of our Service are governed by the laws of England and Wales. Without limiting our ability to secure interim relief in any jurisdiction, you agree to submit to the exclusive jurisdiction of English and Welsh courts in relation to any dispute concerning these Terms, their formation or your use of our Service.
Enquiries or complaints
It’s important to us that you let us know if you have any concerns or need support. We’re here to help.
- If you have any enquiries or complaints, please contact Support at email@example.com or via https://wedding.popupsites.com/support
Version 1.0 – Last updated: 18 June 2016
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