Last Updated: July 17th 2015
Our Site contains material that is available for your information only, as well as other Services. You will not be able to purchase goods from this Site.
Changes to the Terms or the Site and Services
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site.
Also, we aim to update our Site regularly, and may change the Services at any time. If the need arises, we may suspend access to our Site or Services, or close the Site indefinitely. Any of the Materials may be out of date at any given time, and we are under no obligation to update such Materials.
General use of our Site
We invite you to use the Site and Services for individual, consumer purposes ("Permitted Purposes") – enjoy!
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in the Site or the Services (including any Materials) and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services (including any Materials) in any manner.
Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
Access to our Site is permitted on a discretionary basis, and we reserve the right to withdraw or amend the functionality we provide on our Site and in respect of our Services without notice (see below). We may also restrict access to some or all of our Site or Services. We will not be liable if, for any reason, our Site or Services or any of their functionality is unavailable at any time or for any period.
Accessing our Site as a registered user
By creating a valid and verified account you will be able to post content on our Site.
Before posting content on our Site you must register as a user and confirm that you can and will continue to comply with the provisions of our Community Guidelines including confirming that you are 18 years old or older. We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Statement which governs the information we collect through the Site and Services, and is incorporated by reference into these Terms. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
Use of your user account is permitted on a discretionary basis, and we reserve the right to withdraw or amend the functionality we provide to users on our Site without notice (see below). We will not be liable if, for any reason, our Site or any of its functionality is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
When creating an account you will choose a username and password and provide such additional pieces of information as may be required as part of our security procedures. All such information must be treated as confidential and you must not disclose it to any third party. We have the right to disable any username or password, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. If you create an account through a third party service (e.g. Facebook), you give us the right to access and use your information from that service (as permitted by that service) and to store your username and password for that service.
Your account is personal to you. On creating the account, you represent that all the information you have provided is true and accurate. If any information that you have provided to us is inaccurate, it is your responsibility to amend such information as soon as possible on your "My Settings" page. You agree not to sell or transfer your account or any part of it to any third party. You are responsible for making all arrangements necessary for you to have access to our Site.
You must not create an account or access our Site through automated means, including but not limited to using an automotive device, spider, cache, crawler or scraper.
Uploading Material to our Site
Please review our Privacy Statement in relation to the information that you provide on your "My Settings" page and how content uploaded by you may be shared on our Site and other third party Sites.
Certain parts of the Services permit you to submit images, feedback, information, data, text, software, messages, or other materials ("User Content"). You agree that you are solely responsible for all of your User Content and that any such User Content is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Content you have submitted.
Whenever you make use of a feature that allows you to upload Material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in these Terms and our Community Guidelines.By submitting any User Content, you are promising us that:
- you own all rights in your User Content (including, without limitation, all rights to the reproduction and display of your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to us the rights in your User Content as described in these Terms;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;
- your User Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all "moral rights" that you may have in your User Content;
- any information contained in your User Content is not known by you to be false, inaccurate, or misleading;
- your User Content does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Content is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Content;
- your User Content does not incorporate materials from a third party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Content does not contain any information that you consider confidential, proprietary, or personal; and
- your User Content does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting User Content, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- use (and permit others to use) your User Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service); and
- display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.
Our license to use your User Content on our Site will not be affected by the deletion of such User Content by you or the termination of your account in any way.
We will not be responsible for the content or accuracy of any User Content posted by you or any other user of our Site. We are not required to host, display, or distribute any User Content on or through the Site. We have the right to remove or reject any User Content or posting you make on our Site for any reason as we see fit including if, in our opinion, such User Content does not comply with the content standards set out in these Terms, our Privacy Statement or our Community Guidelines. We may, but are not obligated to, pre-screen User Content or monitor any area of the Site through which User Content may be submitted, and we may remove at any time or refuse any User Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Content. Further, you agree that we may freely disclose your User Content to any third party without any obligation of confidence on the part of the recipient.
Without prejudice to other rights and remedies that we may have, we have the right to terminate your account with us, without notice and with immediate effect, for any reason as we see fit.
Acceptable use of our Site
We authorize your use of the Site and Services only for the Permitted Purposes. Any other use beyond the Permitted Purposes is prohibited and therefore constitutes unauthorized use of the Services. As between you and us, all rights in the Services remain our property. You may use our Site only for lawful purposes. You may not use our Site:
- create an account if you are under 18 years old;
- in any way that breaches any applicable law or regulation, is unlawful or fraudulent.
- to stalk, harass, or harm another individual;
- to send, knowingly receive, upload, download, use or re-use any Materials, User Content, or other material which does not comply with these Terms, our Privacy Statement or Community Guidelines;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to otherwise interfere with or disrupt the Site and Services, or servers or networks connected to the Site and Services;
- to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms, our Privacy Statement or Community Guidelines, or in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
- to actually or to attempt to access without authority, interfere with, damage or disrupt any part of our Site, equipment or network on which our Site is stored, any software used in the provision of our Site, or any equipment or network or software owned or used by any third party, or to attempt to gain unauthorized access to any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means;
- to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that your comments or User Content emanate from us;
- to breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- for any public or commercial purpose which includes use of the Site and Services on another site or through a networked computer environment; or
- to use any data mining, robots, or similar data gathering or extraction methods in connection with the Site or Services.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. You agree to indemnify, defend and hold harmless Primark from and against and damages, costs and fees arising out of or relating to your violation of these Terms. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
We currently provide an interactive service which allows sharing and commenting on User Content. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user, whether the service is moderated or not.
If you wish to report an interactive service you may do so using the 'Report this look' button. You will be asked to give a reason for your report. If it is deemed by us, at our sole discretion, to not comply with these Terms, our Privacy Statement or Community Guidelines, we may remove the image. Please note that the take down process may take a little longer on certain browsers, due to cache memory. Alternatively you may contact us through the Contact Us page.
Intellectual property rights
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are our sole property, Copyright © 2015. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, re-transmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
You may print off a copy, and may download extracts, of any page(s) from our Site for your personal reference and use.
You must not modify, amend, distribute or copy (including making digital copies of) any Materials you have printed off or downloaded from our Site. You must not use any illustrations, photographs, video, audio sequences, graphics, names or trademarks separately from any accompanying text.
If you print off, copy, download or use any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.
Primark is a US registered trade mark of Primark Holdings. All other trademarks, names and logos on the Services are the property of their respective owners.
Intellectual property infringement
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide our designated agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at the Site are covered by a single notification, a representative list of such works at the Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright or trademark infringement on this Site can be reached by sending a message through the Contact Us page.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Primark designated agent that includes all of the following information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Primark may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of our Site and/or Services who is the subject or repeated DMCA or other infringement notifications.
Reliance on information posted
Commentary and other Materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
Disclaimer of warranties
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy of timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.
PRIMARK, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, AVAILABILITY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PRIMARK DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of liability
PRIMARK SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL PRIMARK BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF PRIMARK KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Feedback you submit to us
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Consent to receive electronic communications
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Primark. These electronic communications may include information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Primark. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Linking to our Site
You may link to the home page of our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and our Community Guidelines.
If you wish to make any use of Materials on our Site other than that set out above, please Contact Us.
Links from our Site
Survival of these Terms
Termination of your account or these Terms, however arising, shall not affect our rights and remedies under these Terms. Clauses which expressly or by implication survive termination shall continue in full force and effect.
Jurisdiction and applicable law and other general terms
The state or federal court of competent jurisdiction for resolution in the State of Delaware will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the substantive laws of the State of Delaware.
If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Primark’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Primark and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Primark about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.We may assign or otherwise transfer our rights and/or obligations (or any part of them) under these Terms to any third party from time to time.
How to contact us
If you have any questions or concerns about the Site or Services please use the Contact Us page to send us a communication.