Terms & Conditions

These Terms and Conditions of Service were last updated on the following date: [21st April 2008]

This document relates to the following domains owned and operated by Where Are You Now? Ltd:

wayn.com
wayn.net
wayn.org
wayn.co.uk
wayn.eu
whereareyounow.com
whereareyounow.net
whereareyounow.org
whereareyounow.co.uk
whereareyounow.eu
waynlist.com
waynlist.eu

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 25 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 Premium Membership service and thus become a fully subscribed member (which we call "Premium Members"), and those who do not ("Standard Members"). VIP Members are one form of Premium Member.

Standard Members may:

Post their name and some other details in the contacts page, profiles page and other editable pages on the WAYN Service;
Send messages to any other WAYN members and / or contacts whose email addresses they know and have themselves added to the WAYN Service manually or by means of a directly incorporated list of email addresses
Receive and send messages throught their WAYN mailbox;
Receive our newsletters and emails
Send "Say Hello" messages to other Members from the WAYN Service
Navigate all parts of the WAYN Service, but excluding the parts that are reserved to Premium or VIP Members
Access unlimited picture and video storage¹
Post free messages on the WAYN Travel Guide service
Read content on the WAYN Service's Chatboards and add postings to Chatboards
Send unlimited e-cards
Use the "WAYN Instant Messenger" service
Access our "Browse Location Matches" service
Access the "Who's viewed your profile" pages
Use advanced searching tools

In addition to the facilities available to Standard Members, Vip Members may:

Choose to be invisible when viewing a profile.
Additional Interaction Options including appearing online or offline.
Benefit from priority support messages send - to the WAYN Support Team (including pictures for vetting) will be given priority over Standard Members' messages*
Win! You can enter competitions to win trips to the world's top destinations
Access an exclusive range of emoticons
Gain preferential positioning on WAYN service at the top of all search results*
Receive 100 FREE International² SMS messages*
Access an additional range of profile skins
Create personal mail alerts
Access extra VIP Style deals, discounts and competitions
Switch off site advertising on WAYN.com*
Create private chatboards*
Create private VIP chatboards*

We reserve the right to make any Standard Member feature a VIP Member Feature, or vice-versa, from time to time. No VIP Member will be entitled to any refund of Membership fees in such circumstances.

Please note that those aspects of the WAYN Service that have an asterisk* against them are what we refer to as "Integral Services": if we remove any of our Integral Services, Premium or VIP Members may be entitled to a refund of part of their Premium or VIP Membership fee, as the case may be (see Clause 14(iii) for details); but we may remove all or any of the non- Integral Services from the WAYN Service, either on a temporary or permanent basis, without making any refund.

We are not an internet service provider; in order to use the WAYN Service, you must have internet access and all the software (and skills) required for email and web usage.

3. Important Note: Premium and VIP Membership

If you decide to become a Premium Member or VIP Member, and therefore pay our annual Premium Membership or VIP Membership fee, you are agreeing to take the Membership subscription we make available to you shortly after that fee is paid. As a result you do not have the right to cancel your Premium or VIP Membership during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.

We will notify holders of Premium and VIP Memberships 14 days before their due renewal date of their Membership (if the Premium or VIP Membership fee is going to increase). Each notification will include the date when renewal is to take place, and the Membership fee that will apply for the next twelve months. If you do not wish to proceed with automatic renewal of your Premium or VIP Membership, you will be able to prevent this by changing your account settings within ‘My Account’ or by sending an email to support@wayn.com - provided you do this at least 24 hours before the renewal time referred to in the renewal notice(s) you receive from us.

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

I. WAYN grants you permission to use the WAYN Service as set out in this Agreement, provided that:

You may use the WAYN Service solely for your personal, noncommercial use;
You will not copy or distribute any part of the WAYN Service in any medium without WAYN's prior written authorisation;
You will not alter or modify any part of the WAYN Service other than as may be reasonably necessary to use the WAYN Service for its intended purpose;
You otherwise comply with this Agreement.

II. You agree not to use or launch any automated system, including (without limitation) any "robots," "spiders," or "offline readers", that access the WAYN Service in a manner that sends more request messages to the WAYN Service's servers in a given period of time than a human can reasonably produce in that period by using a conventional web browser. Notwithstanding the foregoing, WAYN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices of the materials, but not caches or archives of such materials. WAYN reserves the right to revoke these exceptions either generally or in specific cases.

6. 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, videos, 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.

7. 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:

grant us a non-exclusive, royalty-free, irrevocable and perpetual licence to copy, modify, distribute, show in public and create derivative works from Your User Submissions both as part of the WAYN Service and otherwise, in any form, anywhere; including (without limitation) (a) on third party sites and services that link to the WAYN Service or through which WAYN profiles are searchable, and (b) for promoting the WAYN Service (and derivative works thereof) in any media formats and through any media channels;
represent and warrant that you are fully entitled to grant that licence;
undertake that you have the written consent, release, and/or permission of each and every identifiable individual person in Your User Submissions to use the name or likeness of that person to enable the inclusion and use of Your User Submissions in the WAYN Service, and the exploitation by us of Your User Submissions in the manner contemplated by this Agreement; and
authorise us to adapt Your User Submissions, and so waive (or undertake that you have procured an effective waiver of) all so-called "moral" rights to object to any derogatory treatment of Your User Submissions, or to be identified as their author.

You also hereby grant each user of the WAYN Service a non-exclusive license to access Your User Submissions through the WAYN Service, and to use, reproduce, distribute, prepare derivative works of, display and perform Your User Submissions.

Your User Submissions include the Content of your WAYN profile.

8. Privacy Policy

WAYN's Privacy 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.

9. 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).

10. 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.

11. 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.

12. 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).

13. 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:

Include swear-words or terms that could be considered offensive in material posted on or transmitted through the WAYN Service, including electronic messages, messages posted to Forums & Discussion groups, and any other communication tools made available via the WAYN site, except to the extent that (as a VIP Member) you are permitted to allow free speech in private chatboards you create. This paragraph is not intended to supersede Clauses 15 and 17 below;
Place material on, or otherwise use, the WAYN Service for any business or commercial purpose;
Use your access to the WAYN Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam);
Collect or harvest any personally identifiable information, including WAYN Usernames, from the WAYN Service, nor use the communication systems provided by the WAYN Service, for any commercial purpose.

14. Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of Premium or 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) Premium or 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 Premium or VIP Members will not usually be rebated or refunded by WAYN. If, other than under Clause 11 or 12 above, we entirely withdraw an Integral Service (specified in Clause 2) from your Premium or VIP Membership of the WAYN Service, or the entirety of the WAYN Service itself, then you may be entitled to a rebate of your Premium or VIP Membership fee for the remainder of the twelve month period to which that fee relates; but no part of the Membership fee will be rebated to a Premium or VIP Member under any circumstances if the Premium or 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 Premium or VIP Membership fee relates. For the avoidance of doubt, Premium and 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 Premium and/or VIP Members). WAYN will not be obliged to rebate any part of any Premium or VIP Membership fee, other than as provided in this sub-Clause (iii).

(iv) Upon purchasing a paid-for Premium or 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 or SMS messages it undertakes to send in does guarantee the sending of the emails or SMS messages it undertakes to send in this Agreement, WAYN cannot guarantee the delivery of any email or SMS, as (a) 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, and (b) delivery of an SMS is dependent upon the territorial and network "reach" of WAYN's SMS provider(s) and the compatibility of the recipient's phone and mobile network.

(v) If you unsubscribe, you will enjoy your Membership benefits until the end of your then-current annual 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 Premium or 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.

15. 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:

infringing the intellectual property or other rights of any person or entity;
breaching any applicable law, whether criminal, tortuous or otherwise;
appearing to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).

16. 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, and so we are reliant upon users to point out any which is in breach this Agreement.

17. 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 our own determination to be capable of breaching any part of this Agreement, or to bring 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.

18. 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.

If any third party site is linked to, or from, the WAYN Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
You should exercise no lesser degree of caution in appraising what you see on the WAYN Service than you do offline.
Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
Your use of the WAYN Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release WAYN, its directors, contractors and employees, from all liability arising out of or in connection with the WAYN Service and the material included here by Members (including User Submissions) and other third parties.

19. 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.

20. 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:

The annual Premium Membership fee payable at the time liability arises; or
An amount equal to the sums actually paid by you to us by way of Premium or VIP Membership fees during the twelve month period prior to the date when liability arises,

regardless of the cause or form of action.

21. 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.

22. 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.

23. 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.

24. Entire Agreement

This Agreement includes our Privacy Policy; together they are together 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.

25. 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:

Commencing 5 days after the date of posting (or such later date as Where Are You Now indicates in any relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the WAYN Service; or
Immediately upon the date of posting (or such later date as Where Are You Now indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of WAYN's addresses or email addresses referred to in this Agreement.

26. 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.

27. 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.

28. 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.

29. 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: 020 7336 8027. We will endeavour to respond to all email enquires within 2 working days.

¹Subject to fair personal use

²Subject to the reach of WAYN's SMS provider(s) and the compatibility of the recipient's phone and mobile network

³Subject to the reach of WAYN's SMS provider(s) and the compatibility of the recipient's phone and mobile network

⁴Where more than one VIP Member appears on a page, the VIP Member with the newest content on his/her WAYN Profile will be given priority