These Terms and Conditions of Service were last updated on the following date: 22nd May 2012
This document relates to the following domains owned and operated by Where Are You Now? Ltd:
1. Introduction
This Agreement is a legal document which sets out your rights and obligations, and those of Where Are You Now Limited, a company registered in England under registration no. 04544830 ("Where Are You Now", "WAYN", "we" or "us"), in relation to this site and the services offered by WAYN through it (the "WAYN Service"). You must take the time to read and understand it. By using our website or registering for the WAYN Service, you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 26 below.
2. Types of membership
People who register for the WAYN Service become "Members". They must be at least 18 years of age. The Membership divides between those who have paid to be upgraded to the VIP Membership service and thus become a fully subscribed member (who we call "VIP Members"), and those who do not ("Standard Members").
Standard Members may:
3. Important Note: VIP Membership
If you become a VIP Member and pay a Membership fee, you are agreeing to take the Membership subscription we make available to you shortly after that fee is paid. A cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to VIP Memberships.
If your VIP membership was paid by SMS: to cancel auto-renew billing at anytime reply to the billing SMS you receive, with the word STOP (if you are in United Kingdom, Belgium, Spain and Norway), or reply with the word EXIT (if you are in Sweden, Netherlands, Finland, Denmark, Ireland, Germany).
If your VIP membership was purchased via credit/debit card or other online payment method: we will notify Members within 14 days of their membership renewal date. Such notification will include the date when renewal is to take place, and in the case of an increase in the Membership fee, the fee that will apply for the next period.
If you do not wish to proceed with automatic renewal of your VIP Membership, you will be able to prevent this by changing your account settings within 'My Account' at any point before your subscription expiration date or by sending an email to support@wayn.com at least 24 hours before this date.
4. Registration
You undertake to register for the WAYN Service using accurate and current information about yourself - including your correct name, email address and any other requested details. You also undertake only to add yourself to a location on the WAYN Service which you have either visited, are currently visiting, or plan to visit in the future. It is the user's responsibility to maintain accurate information regarding their contact and location details, for example: hotel and flight details, as well as timings.
During registration, you may select a WAYN Username which will be associated with your WAYN membership. This Username can be used as a method of linking to your profile, as a shortcut for logging into the WAYN Service, and for other uses that we may make available for Usernames. Each Username must be of at least 5 characters in length and only contain simple numbers and the basic 26 characters of the English alphabet (A to Z). We maintain a reserved list of keywords which may not be used as WAYN Usernames. This list is updated from time to time, and accordingly we reserve the right to revoke the use of a Username previously selected by a member. This may be because we feel the Username is inappropriate, or that it is a special keyword which is required for other business uses, or for other reasons; we are under no obligation to disclose to you our reasons for revoking your use of a specific Username. Subject to the above, you may change or update your Username at any time from the Account Settings screen when logged in to your WAYN Membership account.
The content of the profile you provide on registration for the WAYN Service, as subsequently amended and added to, will be available to all Members of and visitors to the WAYN Service, unless you specify in the Privacy options for your WAYN Service account that you wish your profile only to be viewable by either Members or friends.
The fact that your WAYN profile has been added or updated, as well as a short extract from the title page of your WAYN profile, may be automatically notified to third party tracking websites/weblogs (thus increasing the traffic to the WAYN Service, and potentially to your own WAYN profile). This can also be prevented by specifying (Interaction options within 'My Account') that you wish your profile only to be viewable by either Members or friends. If you do so, this will prevent subsequent notifications to third party tracking websites/weblogs, but notifications prior to the time when you make the change to your profile's Interaction options may continue to appear on those websites/weblogs.
WAYN profiles may be searchable through third party web-sites with which we partner - such as sites for which we provide a social network service. Again, if you want to prevent your profile appearing in this kind of search, you can specify that your profile should only be viewable by either Members or friends (in the Interaction options).
5. Website Access
WAYN grants you permission to use the WAYN Service as set out in this Agreement, provided that:
6. WAYN Credits (Credits)
WAYN Credits are credits that Members can purchase from us ("Purchased WAYN Credits") or earn from site usage. WAYN Credits can be used to obtain certain virtual products and services offered by us on the WAYN Service ("Qualifying WAYN Products"), but cannot be used outside the WAYN Service or for products or services offered by third parties.
Qualifying WAYN Products may include:
7. Intellectual Property Rights
The content of the WAYN Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks") and all copyright subsisting therein, are owned by or licensed to WAYN, and protected by United Kingdom and foreign laws and international conventions. Save for specific User Submissions that you personally have made, as between you and WAYN all intellectual property rights subsisting in and in relation to User Submissions (including, without limitation, compilations of User Submissions) are owned by WAYN. You agree not to circumvent, disable or otherwise interfere with security related features of the WAYN Service or features that prevent or restrict use or copying of any Content.
8. User Submissions
(i) The WAYN Service may now or in the future permit the submission of videos, music or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions.
(ii) You shall be solely responsible for User Submissions made by you or through your WAYN Service account ("Your User Submissions") and the consequences of posting or publishing them, and in respect of Your User Submissions, you:-
9. Privacy Policy & Cookie Policy
WAYN's Privacy Policy and Cookie Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the WAYN Service (including any which contains personal information) is, of course, accessible to internet users around the world.
10. WAYN's Role
You acknowledge that we are not and cannot be responsible for the behaviour of or material contributed by Members - whether on the WAYN Service (such as by way of User Submissions) or outside of it. We only provide a venue where the WAYN Service may be accessed. In particular, you should be aware that WAYN does not generally pre-screen or monitor the material contributed by Members (such as User Submissions).
11. Additional services
WAYN or its affiliates may offer new or additional services through the WAYN Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with, and potentially additional fees (which you must pay). Any failure by you to comply with a material provision of the terms or rules governing those services, or to pay any relevant additional fees, will amount to a breach of this Agreement.
12. Operation of the WAYN Services
WAYN reserves the right to withdraw or modify one or more aspects of the WAYN Service where we have serious legal or technical reasons to do so (including technical difficulties experienced by Where Are You Now or on the Internet). There may be times when the WAYN Service becomes unavailable, whether on (a) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or (b) a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the Membership, in our reasonable discretion). For security or other reasons, we may require you to change password or other information which facilitates access to the WAYN Service.
13. Misuse of the WAYN Service
We reserve the right (a) to suspend or terminate any Member's access to the WAYN Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the WAYN Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the WAYN Service without our prior consent. However, there may be times when determined people whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are responsible for everything which is done on or through the WAYN Service while your Membership account is logged on to the WAYN Service, or through your email address(es).
14. Relevance
The WAYN Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
15. Fees
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of VIP Membership fees from time to time; if we do so, we will ensure that the amount or basis is clearly stated at the time when you agree to take the relevant WAYN Service or prior to any fees being taken for it.
(ii) VIP Members who agree to have their Membership renewed continuously will have their Membership renewed at the same rate as was previously agreed by the Member; however note that we will notify you of the applicable fees in accordance with Clause 3 above.
(iii) Fees paid by a VIP Members will not usually be rebated or refunded by WAYN. If, other than under Clause 12 or 13 above, we entirely withdraw an Integral Service (specified in Clause 2) from your VIP Membership of the WAYN Service, or the entirety of the WAYN Service itself, then you may be entitled to a rebate of your VIP Membership fee for the remainder of the whole months remaining to which that fee relates; but no part of the Membership fee will be rebated to a VIP Member under any circumstances if the VIP Member has made use of any of the Integral Services (as indicated in Clause 2 of this Agreement) during the period to which the VIP Membership fee relates. For the avoidance of doubt, VIP Members will not be entitled to any rebate of their Membership fee if Integral Service(s) become available to Standard Members (as well as to VIP Members). WAYN will not be obliged to rebate any part of any VIP Membership fee, other than as provided in this sub-Clause (iii)
(iv) Upon purchasing a paid-for VIP Membership, WAYN will activate all account applications electronically on completion of the subscription process. We reserve the right to delay activation of a paid-for service for up to 5 working days where our systems detect potential credit card or other fraud and require manual checks to take place; in this event, the prospective Member will receive an email seeking confirmation of certain key information. Please be aware that, while WAYN does guarantee the sending of the emails it undertakes to send in this Agreement, WAYN cannot guarantee the delivery of any email as a recipient's email address may be invalid or have limitations on the relevant mailbox that could impede the delivery of the email, such as a mailbox limit or spam filter.
(v) If you unsubscribe, you will enjoy your Membership benefits until the end of your then-current subscription period; your subscription won't be renewed after that term expires. However, you won't be eligible for a prorated refund of (or any) portion of the VIP Membership fees paid (except as provided in sub-Clause (iii) above).
(vi) If you are asked for, and provide, details of a credit or debit card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. Unless otherwise stated, all prices shown for EU countries include VAT.
16. Prohibitions
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the WAYN Service (including Your User Submissions), nor any activity or communication you make in connection with any WAYN Service, will be capable of:
17. Alerting WAYN
If you see anything on the WAYN Service which appears to breach this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us. We do not generally monitor material contributed by Members placed on the WAYN Service, so we are reliant upon users to point out any material which is in breach this Agreement.
18. Withdrawal of material and Termination of Membership
Each Member acknowledges that we are entitled to withdraw any material on the WAYN Service, whether this is based on information received from Members or others, or, by our own determination, is capable of breaching any part of this Agreement, or bringing the WAYN Service into disrepute. However, you acknowledge that we do not monitor material which appears on the WAYN Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the WAYN Service. You agree that upon termination or suspension of your access to the WAYN Service under any provision of this Agreement, we may immediately deactivate or delete your account and all related information and files in your WAYN Service account and/or bar any further access to such files or the WAYN Service.
19. Disclaimer and Release
WAYN has no control over, or responsibility for, the truth or accuracy of any material available on the WAYN Service, whether provided by Members (such as User Submissions) or others.
20. Excluded Loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Where Are You Now? Ltd. will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
21. Maximum Liability
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Where Are You Now? Ltd. under this Agreement (whether arising in negligence or breach of this Agreement or otherwise) will not under any circumstances exceed the greater of:
22. Non-excluded Liabilities
Nothing in this Agreement limits Where Are You Now? Ltd's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
23. Indemnity
You agree to defend, indemnify and hold harmless WAYN against all liabilities, claims and expenses that may arise from any breach of this Agreement by you, through your use of the WAYN Service or through a device on which you access the WAYN Service. This obligation will survive your use of the WAYN Service.
24. Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but we will ensure that the assignee undertakes to perform this Agreement in accordance with its terms. You may not without the written consent of Where Are You Now? Ltd assign or dispose of this Agreement.
25. Entire Agreement
This Agreement includes our Privacy Policy; together they are intended to contain the whole of the agreement between us and you concerning the WAYN Service, and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either you or us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
26. Changes to this Agreement
Where Are You Now reserves the right to change this Agreement from time to time, and post the new version on the WAYN Service. When we do so, the new version of these terms and conditions will govern the WAYN Service:
27. Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
28. Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The WAYN Service is controlled and offered by WAYN from its facilities in the United Kingdom. WAYN makes no representations that the WAYN Service is appropriate or available for use in other locations. Those who access or use the WAYN Service from other jurisdictions do so of their own volition and are responsible for compliance with local law.
29. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and WAYN's failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.
30. Contact
You can contact us by emailing support@wayn.com or by mail to: WAYN United Kingdom, 123 Aldersgate Street, 3rd floor, London EC1A 4JQ, United Kingdom, or by telephone during normal office hours of 9am to 5pm GMT Monday to Friday on: +44 (0) 845 475 4390. We will endeavour to respond to all email enquires within 2 working days.