Effective Date: 3rd May 2016
These Terms & Conditions set out the legally binding terms for your accessing Trashy Times. By using the Trashy Times website you agree to be bound by this Agreement. By using the Trashy Times website you will be deemed to have accepted these Terms & Conditions.
Trashy Times reserves the right to amend this Agreement from time to time and such amendments shall be effective and legally binding upon posting by Trashy Times on the Trashy Times website. By continuing to use the Trashy Times website you agree to be bound by any changes to this Agreement after the amendment has been posted. If you do not agree with any such amendment you must stop accessing the Trashy Times website. It is recommended that this Agreement is reviewed regularly to ensure that you are up to date with all changes.
This Agreement includes our policy for acceptable use of the Trashy Times website. In order to utilise certain elements available on the Trashy Times website, you may be required to download software and/or content and may be presented with additional terms & conditions.
A copy of this Agreement is available upon request.
You may only access the Trashy Times website for private (i.e. non-commercial) use. In order to access certain content (including but not limited to “not safe for work” content you will need first to register via Facebook or a computer application program which we designate. It may be possible for you to upload content to the Trashy Times website and if you do so you represent and warrant that all such information is honest and accurate and that the content and your supply of it does not infringe the rights of any other party.
2. Term and Termination
a) This Agreement shall remain in full force and effect while you access the Trashy Times website.
b) If you register to access certain content as above your registration will remain in force unless and until terminated by you or by Trashy Times for one of the reasons specified in these terms. Even after your registration is terminated, this Agreement will remain in effect.
3. Conditions of Use
No payment is needed in order to access the Trashy Times website. In order to make our service free of charge to you we agree to host and display advertising content and you hereby agree to accept that content when you access the Trashy Times website. Trashy Times reserves the right to amend and/or to cease offering its services at any time. If you find any content on our website offensive then you may ask us to remove it and we will consider all such requests efficiently and reasonably.
4. Trashy Times Services
We confirm that where necessary we have secured licences to enable you to display the content on the Trashy Times website and you may access it without obtaining any further permissions. If we have inadvertently included any unlicensed material we shall either remove it from the Trashy Times website or put the necessary clearances in place promptly after it has been brought to our attention. The Trashy Times services are directed at users resident in the UK only. They are not directed at any person in any country where for any reason the content available through accessing the Trashy Times website is not licensed in accordance with local laws and regulations. If you are resident in a country outside the UK you access the Trashy Times website at your own risk.
5. Proprietary Rights to Content
As between Trashy Times and you, Trashy Times claims all proprietary rights in the text, files, images, photographs, videos, sounds, musical works, works of authorship, or any other materials (collectively “Content”) that appears on the Trashy Times website either by way of ownership or licence granted to Trashy Times to use and exploit the same. Content displayed on the Trashy Times website may be protected by copyright, trademark, trade secret and other laws, and you may not reproduce any of it without first having obtained and paid for the necessary permissions. Trashy Times hereby grants you a limited, revocable, non sublicensable licence to access and display such content (excluding any and all software code) solely for your personal and non-commercial use in connection with accessing the Trashy Times website.
6. Prohibited Activity
You must not use the Trashy Times Website or Services in any way which may lead you or any other party to be the object of any claim or legal action, whether criminal or civil. If in our reasonable judgement you have done so then we may terminate the Term with immediate effect..
7. Third Party Disputes
You are solely responsible for your interaction with other third parties introduced to you by Trashy Times. Trashy Times reserves the right but has no obligation to monitor disputes between you and other users who access the Trashy Times website.
9. Liability Disclaimer
Trashy Times is not responsible for any incorrect or inaccurate content on the Trashy Times website or otherwise in connection with any of the equipment or programming associated with or utilised within it. Trashy Times takes no responsibility for third party advertisements which are displayed on the Trashy Times website, nor does it take any responsibility for the goods or services provided by its advertisers. Trashy Times is not responsible for the conduct, whether online or offline, of any user accessing the Trashy Times website. In addition, Trashy Times assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction or unauthorised access to, or alteration of, any user communication. Trashy Times is not responsible for any problems or technical malfunction of any telephone network or lines, online computer systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on any of the Trashy Times Services or combination thereof.
10. Exclusion of Warranty
The services provided by Trashy Times are on an “as-is” basis and as available. We do not represent or warrant that the Trashy Times Services will be uninterrupted or free from inaccuracies and errors. Trashy Times provides no warranty of the timely, secure, error- and interruption-free provision of services. Trashy Times expressly disclaims to the extent permitted by law any warranty of fitness for a particular purpose or non-infringement. Trashy Times cannot guarantee and does not promise any specific results from use of the Trashy Times Services. The exclusion of warranties does not affect your right of withdrawal.
If there is any dispute about or involving our services, you agree that the dispute shall be governed by the laws of England and Wales.
You agree to indemnify and hold Trashy Times, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Trashy Times Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Trashy Times website or through the Trashy Times Services causes Trashy Times to be liable to another party.
We may terminate your membership if you are in material breach of the provisions of this Agreement. The Terms & Conditions in this Agreement will survive the Term of this Agreement where the context so permits.
14. Limitation of Liability
Except for liability for fraudulent misrepresentation or in relation to death and personal injury arising from negligence, neither party shall be liable to the other or any person for any indirect, incidental, punitive or consequential damages arising from the use of the Trashy Times Services, any information contained on the Trashy Times Website or the Services or products displayed on the Trashy Times Website including, without limitation, use or loss of use, loss of data, profits, revenue, business or anticipated savings, whether in action of contract, negligence or other tortious action arising out of or in connection with the use of the Trashy Times Website.
Except for liability for fraudulent misrepresentation or in relation to death and personal injury arising from our negligence, Trashy Times will not be responsible or liable to you or any third party for:
a) any loss arising from use of the Trashy Times Services;
b) any loss, disruption, damage to your data or computer system which you may suffer as a result of the transmission of any errors or viruses, worms, bugs or “trojan horses” or other such destructive feature via the Trashy Times Website;
c) the content of websites to which the Trashy Times Website provides links and we do not accept responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your use of any links to any other websites or reliance on the content of any website to which the Trashy Times Website is linked or to which you are directed.
Except for liability for fraudulent misrepresentation or in relation to death and personal injury arising from our negligence, our liability to you or any third person for any and all damage or loss that may arise from the use of the Trashy Times Services, or any information contained on the Trashy Times Website, shall not exceed the fees paid by you to us during the twelve (12) months immediately preceding the event that gave rise to such.
The exclusions and limitations of liability in this Clause 14 do not affect your statutory rights as a consumer which cannot under applicable law be excluded by agreement.
15. Linking to the Trashy Times Website
You may link to the home page of the Trashy Times Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to the Trashy Times Website do not imply that we endorse, are affiliated with or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors. The Trashy Times Website must not be framed on any other site, nor may you create a link to any part of the Trashy Times Website other than the home page unless you have our prior written consent. We reserve the right to withdraw linking permission without notice. The website from which you are linking must not contain offensive, unlawful or irrelevant content.
This Agreement contains the entire agreement between you and Trashy Times regarding the use of the Trashy Times Website and Services. Your use of the Trashy Times Website or any of the Trashy Times Services constitutes your acceptance of the Terms & Conditions in this Agreement and is further affirmed by you becoming a Registered Member. The failure of Trashy Times to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement – our full details are shown below: