Islandoo

1. Your Acceptance

"THIS WEBSITE IS OWNED BY AND OPERATED ON BEHALF OF ISLANDOO LIMITED OF THE GLOUCESTER BUILDING, KENSINGTON VILLAGE, AVONMORE ROAD, LONDON W14 8RF, A COMPANY WITH THE REGISTERD NUMBER 6210810 (“ISLANDOO”)

These terms and conditions set forth the legally binding terms for your use of the Islandoo Website, as defined below. BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content, as defined below, available through the Islandoo.com domain name, the "Islandoo Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (these "Terms of Service") AND THE TERMS AND CONDITIONS OF THE PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Islandoo Website.

We will not file these Terms of Service so please print them out for your records. If these Terms of Service are translated into another language this English language version will prevail in the event of any conflict between the translation and this English language version.

2. Islandoo Website

These Terms of Service apply to all users of and visitors to the Islandoo Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Islandoo Website may contain links to third party websites that are not owned or controlled by ISLANDOO. ISLANDOO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ISLANDOO will not and cannot censor or edit the content of any third-party site. By using the Islandoo Website, you expressly relieve ISLANDOO from any and all liability arising from your use of any third-party website. Accordingly, ISLANDOO encourage you to be aware when you leave the Islandoo Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

A. ISLANDOO hereby grant you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without ISLANDOO’s prior written authorisation; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to the Islandoo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ISLANDOO grant 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. ISLANDOO reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

C. You are solely responsible for your interactions with third parties. ISLANDOO reserve the right, but have no obligation, to monitor disputes between you and such third parties.

4. Registration, Passwords and Security

In order to use certain functions of the Website you will first need to register via the Registration section of the Website.

You can register by choosing a unique user name and password and entering other information that we ask for on our registration form such as (but not limited to) Your first and last name, date of birth, email address, gender and contact details ("Registration").

You shall ensure that the details provided at registration are accurate and kept up to date. You can change the details you provide at registration at any time by using the "Edit Profile" section of the Website. If you would like us to terminate your registration and delete your personal information, please let us know by email to feedback@islandoo.com.

You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where your password or user name is used by someone else to access the Website. You agree to notify us immediately by email to feedback@islandoo.com of any unauthorised use of your password or user name of which You become aware.

5. Intellectual Property Rights

The content on the Islandoo Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (together, the "Content"), are owned by or licensed to ISLANDOO, subject to copyright and other intellectual property rights under English and EU laws and international conventions.

Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ISLANDOO reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Islandoo Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Islandoo Website or the Content therein.

6. User Submissions

A. The Islandoo Website may now or in the future permit the submission of videos or other materials or communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ISLANDOO do not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm and/or represent that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise ISLANDOO to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

However, by submitting the User Submissions to the Islandoo Website, you hereby grant ISLANDOO a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Islandoo Website and ISLANDOO’s business, including without limitation for promoting and redistributing part or all of the Islandoo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Islandoo Website an irrevocable and perpetual non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is subject to third party proprietary rights, including but not limited to intellectual property, privacy and publicity rights and rights of confidence unless you have permission from their rightful owner to post the material and to grant ISLANDOO all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ISLANDOO or any third party; (iii) submit material that is, in the sole discretion of ISLANDOO, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business or solicitations of personal information from anyone under the age of 18; or (v) impersonate another person.

The following is a list of potentially offensive and/or illegal content but this list is not definitive:

1. copyright material that is used without the express permission of the owner including software. For the avoidance of doubt, this will include use of photographs without permission from people in such photographs regarding their use on the website.
2. exploitation of children and/or minors including disclosure of information, beyond a first name, personally identifying information about persons under the age of 18.
3. nudity, whether partial or whole including nudity of children of any age.
4. advertisements of a particular product or service that, in the sole judgment of the Company, does not otherwise have redeeming value to the community.
5. grossly offensive content, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
6. promotion an/or provision of instructional information about illegal activities.
7. cruelty to animals.
8. disclosure of personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
9. abusing, harassing, stalking, threatening or otherwise violating the legal rights of others (such as the rights of privacy and publicity).
10. viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website servers or another users computer.
11. violation of any applicable laws or regulations not specifically referenced herein.

ISLANDOO does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ISLANDOO expressly disclaims any and all liability in connection with User Submissions. ISLANDOO do not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ISLANDOO will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ISLANDOO reserves the right to remove Content and User Submissions without prior notice. ISLANDOO will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. ISLANDOO also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ISLANDOO may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright or proprietary right owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights and/or proprietary rights, you may submit a notification by providing our Copyright Agent, as defined below, with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work and/or the proprietary rights claimed to have been infringed, or, if multiple copyrighted works and/or proprietary rights at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the User Submission or other Content 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 and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. 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 proprietary right owner, its agent, or the law; and
6. 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. ISLANDOO’s designated Copyright Agent to receive notifications of claimed infringement is copyright@islandoo.com (the "Copyright Agent"). Any other feedback, comments, complaints, requests for technical support, and other communications should be directed to customer service by email to feedback@islandoo.com

E. You understand that when using the Islandoo Website, you will be exposed to User Submissions from a variety of sources, and that ISLANDOO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ISLANDOO with respect thereto, subject to paragraph 8 of these Terms of Service.

F. Islandoo permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, ISLANDOO provides a "Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Islandoo Website on the pages into which you incorporate the Player. ISLANDOO reserve the right to discontinue any aspect of the Islandoo Website at any time.

7. Warranty Disclaimer

ISLANDOO will provide the Islandoo Website with reasonable skill and care and substantially as described in these Terms of Services. ISLANDOO do not make any other promises or warranties about the Islandoo Website or any websites linked to the Islandoo Website.
ISLANDOO do not warrant that the Islandoo Website or any of the Content or the User Submissions are virus free.
ISLANDOO do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Islandoo Website or any hyperlinked website or featured in any banner or other advertising, and ISLANDOO will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

8. Limitation of Liability

In no event shall ISLANDOO, their respective officers, directors, employees, or agents, be liable to you in contract, tort (including negligence) or otherwise for any losses which are not currently foreseeable by ISLANDOO arising out of these Terms of Service or your use of the Islandoo Website.
ISLANDOO shall not be liable for any attempts by you to participate in the use of the Islandoo Website by methods, means or ways not intended by ISLANDOO.
The Website is controlled and offered by ISLANDOO from its facilities in the UK. ISLANDOO makes no representations that the Islandoo Website is appropriate or available for use in other locations. Those who access or use the Islandoo Website from other jurisdictions do so at their own volition and are responsible for compliance with local law

9. Compensation

You agree that you will compensate ISLANDOO, their respective parent corporations, officers, directors, employees and agents, in full for any losses or costs (including but not limited to reasonable lawyer's fees) which they incur arising from: (i) your use of and access to the Islandoo Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This compensation obligation will survive any termination or expiry of these Terms of Service and your use of the Islandoo Website.

10. Ability to Accept Terms of Service

You affirm that you are 18 years of age or over (or the lawful age in your respective jurisdiction), and are fully able and competent to enter into these Terms of Service, and to abide by and comply with these Terms of Service.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, as they are personal to you, without written authority from ISLANDOO, but may be assigned by ISLANDOO provided that any such assignment will be on the same terms or terms that are no less advantageous to you.

12. General

These Terms of Service shall be governed by the internal substantive laws of England and Wales, without respect to its conflict of laws principles. Any claim or dispute between you and ISLANDOO that arises in whole or in part from the Islandoo Website shall be decided exclusively by a court of competent jurisdiction located in London.

These Terms of Service, together with the Privacy Notice and any other legal notices published by ISLANDOO on the Website, shall constitute the entire agreement between you and ISLANDOO concerning the Islandoo Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ISLANDOO’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ISLANDOO reserves the right to amend these Terms of Service at any time either by emailing you notification of the new terms and/or by publishing the modified Terms of Service on the Website. Any such modification will take effect within thirty (30) days of publication and it is your responsibility to review these Terms of Service for any changes. If any amendment to these Terms of Service is unacceptable to you, your only recourse is to cease using and visiting the Website. Your use and/or subsequent visitation of the Islandoo Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ISLANDOO AGREE THAT YOU WILL NOTIFY ONE ANOTHER OF ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OF SERVICE OR THE PRIVACY NOTICE AS SOON AS IS REASONABLY POSSIBLE.

These Terms of Service were last updated on: 25 May 2007.