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the WOW Agency terms of use

Last Updated: April 2010

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") apply to your use of this website www.thewowagency.co.uk and the sub-domain www.thewowagency.co.uk/makefacesat/ (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with The WOW Agency and its affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify The WOW Agency for violations of these Site Terms.

Ownership of the Site and its Contents

This Site is owned by The WOW Agency. Unless otherwise indicated, all of the content featured or displayed on this Site is owned by The WOW Agency. All elements of the Site are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site

This Site and the sub-domain www.makefacesat.thewowagency.co.uk are intended for potential customers of the WOW Agency services and everyone else willing to take part at the www.thewowagency.co.uk/makefacesat/. You may not use this Site for any purpose not related to your business with The WOW Agency. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the www.thewowagency.co.uk/makefaces/ Content without, or in violation of, a written license or agreement with The WOW Agency; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the www.thewowagency.com/makefacesat/, or its Content by using framing or similar navigational technology; (d) and using the Site or the www.thewowagency.co.uk/makefacesat/ content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity. You represent and warrant that you will comply with all applicable laws and regulations, including those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United Kingdom or the country in which you reside.

Your photographs on www.thewowagency.co.uk/makefacesat/

Ownership of any photographs or other content you submit to the Site shall remain vested in you.

In addition you hereby grant The WOW Agency a non-exclusive, royalty free license in all media now known or in future invented in perpetuity to use your photographs and other content submitted by you,

a) On the Site; and

b) Otherwise in connection with the WOW Agency only . And you give The WOW Agency all necessary consents and waivers in order to do so. The WOW agency will not use your photographs and/or other content submitted by you to the Site in any other way without your permission.

The WOW Agency may issue publicity promoting the Site from time to time and you hereby give The WOW Agency permission to use or make reference to your photographs and/or other content submitted by you to the Site and to reproduce your name and any photographic likeness of you (where these have been provided to The WOW Agency by you) for such publicity purposes for the promotion of the WOW Agency only.

By submitting your photographs and/or other content to the Site or otherwise using the Site it is your responsibility to ensure that:

Your photographs and/or other content are original to you (or you have permission from the author/owner of the photograph to submit the same to the Site) and you have obtained permission from any person featured in your photographs to photograph and publish their likeness (and where any person featured in a photograph is under 16, permission from his or her parent or guardian to photograph and publish his or her likeness) on the Site; and permission from the owner of any property or other materials featured in your photographs (by way of example only and not in limitation: artworks, trademarks, logos, private property etc.) to include them in your photograph and to publish such photographs on the Site;

your photographs and/or other content will not infringe the copyright, other intellectual property rights, or any other personal or property rights of any person (including moral and privacy rights); be in breach of any legislation; and/or be otherwise unlawful, obscene, libelous, defamatory or constitute a contempt of court or breach of any duty of confidence or privacy;

you will not upload or otherwise transmit any material to the Site that contains any viruses or destructive code that could damage, destroy, interrupt or modify the Site in any way;

you will not harass, stalk, groom, incite hatred or otherwise behave in any way designed to intimidate others; and

your use of the Site will be solely for your own lawful, personal, non-commercial purposes.

You agree to indemnify and hold harmless (and keep indemnified and held harmless on demand) The WOW Agency against all actions, proceedings, claims, demands, damages or costs (including legal costs) incurred or suffered by The WOW Agency arising as a result of a breach by you these Terms of Use.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Alan Stuart
Project Manager - The WOW Agency

Faculty of Computing
London Metropolitan University

t: 020 7133 4382
alan@thewowagency.co.uk

We may give notice of a claim of copyright infringement by means of a general notice on the Site or electronic mail to a user's e-mail address.

Disclaimer

WE TRY TO KEEP THE WOW AGENCY SITE AND THE WWWTHEWOWAGENCY.CO.UK/MAKEFACESAT/ UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WOW AGENCY SITE AND THE WWW.THEWOWAGENCY.CO.UK/MAKEFACESAT/ "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WOW AGENCY SITE AND WWW.THEWOWAGENCY.CO.UK/MAKEFACESAT/ WILL BE SAFE OR SECURE.

Limitation of Liability

IN NO EVENT SHALL THE WOW AGENCY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, OR THE WWW.THEWOWAGENCY.CO.UK/MAKEFACESAT/ CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE WOW AGENCY AND WWW.THEWOWAGENCY.CO.UK/MAKEFACESAT/, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WOW AGENCY RECORDS, PROGRAMS OR SERVICES.

Termination

NOTWITHSTANDING ANY OF THESE SITE TERMS, THE WOW AGENCY RESERVES THE RIGHT, WITHOUT NOTICE AND IN ITS SOLE DISCRETION, TO TERMINATE THE PUBLICATION OF YOUR IMAGES AND/OR TO BLOCK YOUR USE OF THE SITE.

Changes to Site Terms

The WOW AGENCY reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information

Questions or comments about the Site or Site Terms may be directed to alan@thewowagency.co.uk or by calling 020 7133 4382 © 2010 The WOW Agency, All rights reserved