COPYRIGHT POLICY

The following Copyright Policy covers all of the websites and any associated content, including, without limitation: any and all mobile or desktop applications, apps, email, over-the-top-platforms, streaming services, software services, RSS services, Mobile Services (as defined below), or other materials or services made available on, from, or through websites (collectively, the “Websites”) of Holder Partnership Ltd. All media on the Websites are either: licensed by Holder Partnership Ltd; submitted to the Websites by users; readily available and believed to be in the public domain; or used in “fair dealing” under the Copyright, Designs and Patents Act 1988.  Holder Partnership Ltd respects intellectual property rights and expects its users to do the same.

For Copyright Owners.

If you own the copyright to a photograph, video, or other material that appears on www.thewhoosh.co.uk that you claim violates your copyright, please notify us as provided below.  If you are uncertain whether the use of the content you are reporting infringes upon your legal rights, you may wish to seek legal guidance.  Please bear in mind that submitting intentionally misleading reports of infringement may be punishable under the Copyright, Designs and Patents Act 1988 in the United Kingdom, with similar laws existing in other countries.

Notification of Copyright Infringement – ICO

Holder Partnership Ltd is an Online Service Provider, under the ICO.  Holder Partnership Ltd respects the legitimate rights of copyright owners and has adopted an efficient notice and takedown procedure as required by the ICO.  The Copyright Policy is intended to guide copyright owners in utilising that procedure (described herein) and also to guide users and webmasters in restoring access to websites or content that is disabled due to an error.

Delivery of the Notice

Deliver all takedown notices as provided by this Copyright Policy to Holder Partnership Ltd Designated Copyright Agent by mail or by email as follows:

BY EMAIL TO: admin@thewhoosh.co.uk

BY MAIL TO: theWhoosh, 61 Crawford Av, Leyland, Lancs, PR25 3JP

Upon receipt of a valid notice, Holder Partnership Ltd will process the claim, which may result in removal or limitation of access to the allegedly infringing material, subject to the user’s or webmaster’s right to submit a Counter-Notification that provides claim of lawful use of the disabled works. In applicable circumstances, Holder Partnership Ltd will have the disputed material removed from public view and will also notify the user or webmaster who posted the alleged infringing material. This notification may include a complete copy of the notice formerly submitted regarding that material.

Notice to Owners of Copyrighted Works

If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following ICO notice (“Notice”) and delivering it to Website’s Designated Copyright Agent, either in writing or by email, as provided for herein.

As a copyright owner, to provide Holder Partnership Ltd with a proper valid notice your copyright claim, your notice must be in English and must substantially contain the following:

  1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. An identification of the copyrighted work claimed to have been infringed, or — if multiple copyrighted works at a single online site are covered by a single Notice — a representative list of such works;

iii. 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, and information reasonably sufficient to permit the service provider to locate the material. This identification should include information reasonably sufficient to permit Holder Partnership Ltd to locate the material, such as any URLs identifying the alleged infringing material, along with any other information that might assist Holder Partnership Ltd Designated Copyright Agent in its investigation of your claim;

  1. Information reasonably sufficient to permit Holder Partnership Ltd to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the you may be contacted;
  2. A statement that you have a good-faith belief that use of the material in question is not authorised by you, your agent, or the law; and
  3. A statement that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to include all of the aforementioned information may result in a delay in processing the ICO Notification.  If you misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and solicitor’ fees, and could be subject to criminal prosecution for perjury.

Material Originating From Another Website

If the alleged infringing material originates from another source and you believe that a Website has cached that material, then confirm any of the following that apply:

  1. The material has been removed from the originating site or access to the material on the originating site has been disabled;
  2. A court has ordered that the material be removed from the originating site; and/or

iii. A court has ordered that access to the material on the originating site be disabled.

Failure to include all of the above information may result in a delay in processing the ICO Notification.  If you misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and solicitor’ fees, and could be subject to criminal prosecution for perjury.

Counter-Notifications

If you receive communication that material you have submitted has been removed by Holder Partnership Ltd pursuant to a Notice, and you believe that removal was in error or not pursuant to a valid copyright claim, you may seek to have the material replaced by submitting a Counter-Notifications to Holder Partnership Ltd.

Counter-Notifications must be submitted by the original uploader or an agent authorised to act on their behalf, such as a solicitor.  After Holder Partnership Ltd receives your Counter-Notification, it will forward the Counter-Notification to the party who submitted the original claim of copyright infringement.  Please note that when Holder Partnership Ltd forwards the notice, it will include your personal information.  By submitting a Counter-Notification, you consent to having your information revealed in this way.  Holder Partnership Ltd will not forward the Counter-Notification to any party other than the original claimant.

To be effective and valid, Counter-Notifications must contain substantially the following:

  1. A physical or electronic signature of the subscriber;
  2. 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;

iii. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of an error or misidentification of the material to be removed or disabled; and

  1. Your name, address, telephone number, and a statement that you consent to the ICO for the judicial district in which the address is located, or if your address is outside of the United Kingdom, for any judicial district in which Holder Partnership Ltd may be found, and that you will accept service of process from the uploader of the infringing material or an agent of such person.

Disabling or Termination of Accounts

It is Holder Partnership Ltd policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Updated:  24th January 2018


TERMS OF USE

The following Terms of Use cover all websites and associated content, including, without limitation: any and all mobile or desktop applications, apps, email, over-the-top-platforms, streaming services, software, social media accounts, RSS services, mobile services (as defined below) and other products, materials, or services made available on, from, or through websites of Holder Partnership Ltd (collectively, the “Websites”) and any subsidiary or affiliate owned or operated by Holder Partnership Ltd (collectively, “Holder Partnership Ltd”).  Please carefully read these Terms of Use before accessing any Holder Partnership Ltd Websites.

These Terms of Use, together with Holder Partnership Ltd Privacy Policy and Holder Partnership Ltd Copyright Policy (collectively, with these Terms of Use, referred to herein as “Terms”), and any other legal notices published by Holder Partnership Ltd on the Websites, constitute the entire agreement between you and Holder Partnership Ltd.

By visiting any Holder Partnership Ltd Website or downloading, installing, or using any Holder Partnership Ltd service, you signify your agreement to the conditions set forth in these Terms.  If you do not agree to these Terms, including the Holder Partnership Ltd Privacy Policy and Copyright Policy, please do not use the Websites.

The Websites are controlled, operated, and administered by Holder Partnership Ltd from its offices within the United Kingdom.  Holder Partnership Ltd makes no claim that the Websites are appropriate or available for use at other locations outside of the United Kingdom, and access to them from territories where such content is illegal is prohibited.  If you access any Website from a location outside of the United Kingdom, you are responsible for compliance with all laws of that country.

These Terms apply to all users of the Websites, including those who contribute User Submissions (as defined below).  These Terms apply to all content and works of authorship, visual interfaces, interactive features, information, graphics, design, compilations, photographs, computer codes, API’s, products, software, photographs, services, audio/visual elements, creations, motion pictures, musical compositions, sound recordings, proprietary materials, intellectual property, and all other elements of and materials incorporated in, appearing on, or published on the Websites, trademarks, trade secrets, patents, other intellectual property and/or proprietary material, and all rights therein, of any kind and nature, in any and all media now known or hereafter devised (collectively, “Material”).

Modification of Terms

Holder Partnership Ltd may, in its sole discretion, modify, supplement, or revise these Terms at any time.  Unless a change is made for legal or administrative reasons, Holder Partnership Ltd will provide reasonable notice before the updated Terms become effective.  You agree Holder Partnership Ltd may notify you of the updated Terms by posting them on the Websites, and that your use of the Websites after the effective date of the updated Terms (or engaging in such other conduct as Holder Partnership Ltd may reasonably specify) constitutes your agreement to the updated Terms.  Therefore, you should review these Terms before using the Websites.  The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Websites from that point forward.

The Websites are currently a free service; however, Holder Partnership Ltd reserves the right to, at any time, begin charging for use of any or all parts of the Websites.  Holder Partnership Ltd also reserves the right to discontinue any part of the Websites at any time, as well as the right to reclaim user names that have become inactive or to reclaim them on behalf of businesses or individuals that hold legal claim or trademark on those user names.

User Age Requirements

To use the Websites, you must either be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, if you are between the ages of 13 and the age of majority, you must have the consent of your parent or legal guardian to use the Websites.  If you are under 13 years of age, please do not use the Websites.

Mobile Services

Holder Partnership Ltd may offer services that are available via a mobile device or app, including the ability to: (1) upload User Submissions to the Websites via a mobile device; (2) browse the Websites from a mobile device; and (3) access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).

To the extent you access the Websites through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier.  Not all Mobile Services may work with all carriers or devices.  By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Holder Partnership Ltd.

Proprietary Rights in the Websites

You acknowledge and agree that the Websites and all Material owned by Resignation, other than User Submissions, constitute the proprietary and valuable property of Holder Partnership Ltd.  All copyright, patents, trademark, trade secrets, or other intellectual property and/or proprietary rights (collectively, “IP Rights”) in the Website and Material constitutes the sole and exclusive property of Resignation, or its licensees.  Any use of the Websites, other than as specifically authorized herein, is strictly prohibited.  Any rights not expressly granted herein are reserved by Holder Partnership Ltd.

Some characters, logos, or other images incorporated by Holder Partnership Ltd on the Websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Holder Partnership Ltd (as applicable) or others (collectively, “Trademarks”).  You agree not to use any Holder Partnership Ltd Trademarks without Holder Partnership Ltd written consent.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed via the Websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Holder Partnership Ltd.  Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Holder Partnership Ltd Trademarks or Third Party Marks that are used or displayed on the Websites, without the respective owner’s prior written permission, in each instance.  All goodwill generated from the use of Holder Partnership Ltd Trademarks will inure to the exclusive benefit of Holder Partnership Ltd.

Your Use of Material

Your right to use Holder Partnership Ltd Websites, as well as any Material or other content appearing on it, is subject to your compliance with these Terms.  All Material is provided to you as is. Modification or use of the Material or other content on Holder Partnership Ltd Websites for any purpose not permitted by these Terms may be a violation of the IP Rights therein and is prohibited.

You may access and display Material and all other content from the Websites for non-commercial, personal, entertainment use on a single computer or device only and may not otherwise copy, reproduce, republish, upload, post, transmit, distribute or use it in any way unless specifically authorised by Holder Partnership Ltd.  If Holder Partnership Ltd does authorise you to copy any Material or any part of the Websites, that authorisation is subject to your reproducing, keeping intact, and not altering, removing, modifying, or suppressing, all copyright and other proprietary notices.  Using any Material on any other website or networked computer environment is prohibited.  Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Holder Partnership Ltd Websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole, or in part) on such software, is prohibited.

You understand that, when using the Websites, you will be exposed to Material from a variety of sources, and that Holder Partnership Ltd is not responsible for the accuracy, timeliness, usefulness, or intellectual property rights of or relating to such Material.  You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you had, have, or may have against Holder Partnership Ltd with respect thereto.

Your User Submissions and Conduct

  1.   Your Submissions. You may submit picture or video content (“User Pictures”) and textual content, including but not limited to, comments (“User Comments”) to Holder Partnership Ltd, via upload or submission functions on the Websites or third-party websites used by Holder Partnership Ltd, via email to contact@thewhoosh.co.uk, or via Mobile Services.  User Pictures, User Comments, and all Material and IP Rights therein are collectively referred to as “User Submissions.”  You understand that whether or not such User Submissions are published, Holder Partnership Ltd does not guarantee, and disclaims, any confidentiality with respect to any User Submissions.  You grant Holder Partnership Ltd the right to edit and/or modify any User Submissions.  Holder Partnership Ltd reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as deemed appropriate. Some of the Websites are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Holder Partnership Ltd may place any and all advertising and promotions on the Websites or on, about, around, incorporated into, or in conjunction with your User Submissions.  The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.  You must be 18 years old or the age of majority in your jurisdiction of residence (whichever is greater) to submit User Submissions to “ “any Girl” categories.  By posting to those categories, you agree you are of legal age.
  2.   Your Responsibility for User Submissions.You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  In connection with User Submissions and all Material used, contained, displayed, featured, incorporated, or appearing therein or related thereto, you affirm represent, and warrant that:
  3. you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all IP Rights, to use and publish your User Submissions and to license your User Submissions to Holder Partnership Ltd;
  4. you have secured all rights, licenses, and permissions to use and to license to Holder Partnership Ltd, any and all works Material owned by any third party, used or appearing in or in connection with your User Submissions;

iii.  you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name, image, likeness, right of privacy, and right of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to Holder Partnership Ltd — and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and

  1. your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity.

In addition, you may not submit any video that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person.  Further, you authorize and license to Holder Partnership Ltd to use all IP Rights and all Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Websites and these Terms.

  1. Your License to Holder Partnership Ltd.  For clarity, you retain all of your ownership or licensed rights in your User Submissions.  However, by submitting User Submissions to Holder Partnership Ltd, without any payment, compensation, or consideration due, payable, or accruing to you at any time, you hereby agree as follows:
  2. you grant to Holder Partnership Ltd, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, sublicense to third parties, display, edit, telecast, rerun, syndicate, print, perform, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in connection with: the Websites; any products or services offered by Holder Partnership Ltd or its licensees; any commercial or non-commercial purposes; and in any other manner relating to Holder Partnership Ltd business, including without limitation, for advertising, marketing, promoting, and of redistribution all or a portion thereof;
  3. you grant each user of the Websites a non-exclusive license to access your User Submissions through the Websites, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms;

iii.  you waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or violation of IP Rights or Personal Rights;

  1. you grant Holder Partnership Ltd, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license the right to use the name that you submit in connection with such User Submissions if they choose.  You understand and agree, however, that Holder Partnership Ltd may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.

The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Websites, if so removed or deleted.

  1. User Submission Content Restrictions. You agree not to post, email, or otherwise make available any User Submissions that:
  2. are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  3. harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

iii. impersonate any person or entity, including, but not limited to, a Holder Partnership Ltd employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  1. include personal or identifying information about another person without that person’s explicit consent;
  2. are false, deceptive, misleading, deceitful, or misinformative;
  3. infringe on or violate any IP Rights, Personal Rights, or other proprietary rights of any party;

vii. you do not have a right to make available under any law, or under contractual or fiduciary relationships;

viii. constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

  1. contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software, hardware or telecommunications equipment;
  2. disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Websites, or that otherwise negatively affects other users’ ability to use the Websites;
  3. employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Websites; or

xii. violate any applicable civil or criminal laws or regulations, or promote any illegal activity.

  1. No Violation of Third Party Rights. In connection with User Submissions, you further agree you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including IP Rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Holder Partnership Ltd, all of the licenses granted herein.

 

  1. Holder Partnership Ltd Data Practices. You acknowledge that Holder Partnership Ltd may establish general practices and limits concerning use of the Websites, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Websites and the maximum storage space that will be allotted on Holder Partnership Ltd servers on your behalf.  You agree Holder Partnership Ltd has no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Websites.  Holder Partnership Ltd reserves the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Websites.  Deleted User Submissions may be stored by Holder Partnership Ltd in order to comply with certain legal obligations and are not retrievable without a valid court order.  Consequently, Holder Partnership Ltd encourages you to maintain your own backup of your User Submissions. You also acknowledge Holder Partnership Ltd reserves the right to terminate accounts that are inactive for an extended period of time.

 

  1.   Resignation’s Modification of Removal of User Submissions. Holder Partnership Ltd does not control User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions. If at any time, Holder Partnership Ltd chooses, in its sole discretion, to monitor the User Submissions, Holder Partnership Ltd p nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions.  Holder Partnership Ltd up, does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Holder Partnership Ltd, expressly disclaims any and all liability in connection with User Submissions.  Holder Partnership Ltd does not permit copyright-infringing activities on its Websites, and Holder Partnership Ltd will remove all Content and User Submissions if properly notified that such User Submission infringes on another’s copyright pursuant to Holder Partnership Ltd Copyright Policy (see the Copyright Policy in the link above).  Holder Partnership Ltd, reserves the right to remove User Submissions without notice.

 

  1. No Alteration of Website. You agree not to alter or modify any part of the Websites or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other means not intentionally made available or provided through the Websites.  You must not interfere or disrupt the Websites, servers, or networks connected to the Websites, including by transmitting any worms, viruses, spyware, malware or any other code of a disruptive nature.  You may not inject content, code or otherwise alter or interfere with the way in which any Holder Partnership Ltd page is rendered or displayed in a user’s browser or device.  You agree not to use or launch any automated system — including, without limitation: “robots,” “spiders,” or “offline readers” — that accesses the Websites in a manner that sends more request messages to the Holder Partnership Ltd servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.  You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use any communication systems provided by the Websites (e.g., comments, email) for any commercial solicitation purposes.  You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.  In your use of the Websites, you will comply with all applicable laws, statutes and regulations.

 

  1. Your Feedback. If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Websites, Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and authorize use of that Feedback without restriction and without acknowledgment, payment or other compensation to you.  Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.

 

External Link Disclaimer

Holder Partnership Ltd Websites contain links to external, third-party web sites along with relevant commentary to provide our visitors with an up-to-date digest of current news stories. Some of these sites may not be affiliated with Holder Partnership Ltd.

By providing links to other sites, Holder Partnership Ltd does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Holder Partnership Ltd Website in question.

Holder Partnership Ltd does not operate, control, or claim responsibility for the information, content, products and/or services found on any external sites.  Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.

Visiting any external site is done at your own risk.  Holder Partnership Ltd encourages users to be aware when they leave our site and to read the terms of use and privacy statements of such external websites.  Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

Disclaimer of Warranties

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK.  THE WEBSITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOLDER PARTNERSHIP LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.  HOLDER PARTNERSHIP LTD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  HOLDER PARTNERSHIP LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITES OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR ANY SITES LINKED TO THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. HOLDER PARTNERSHIP LTD MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS.  HOLDER PARTNERSHIP LTD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF HOLDER PARTNERSHIP LTD.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. HOLDER PARTNERSHIP LTD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES; AND/OR (g) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

Limitation of Liability

IN NO EVENT SHALL Holder Partnership Ltd, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF Holder Partnership Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  WITHOUT LIMITATION, YOU (AND NOT HOLDER PARTNERSHIP LTD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOU, SPECIFICALLY, ACKNOWLEDGE THAT HOLDER PARTNERSHIP LTD SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HOLDER PARTNERSHIP LTD’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY HOLDER PARTNERSHIP LTD, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY HOLDER PARTNERSHIP LTD.

Comments, Discussion, Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON HOLDER PARTNERSHIP LTD WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF HOLDER PARTNERSHIP LTD OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. HOLDER PARTNERSHIP LTD DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF HOLDER PARTNERSHIP LTD. HOLDER PARTNERSHIP LTD MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION.  ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Indemnification

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, services and their content remains with you.  You agree to defend, indemnify, and hold Holder Partnership Ltd, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Websites, User Submissions, Material, Forums or Content; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party.  This defense and indemnification obligation will survive these Rules and your use of the Websites.

Jurisdiction, Venue, and Severability

You agree that the Websites shall be deemed solely based in United Kingdom, the Websites shall be deemed passive, and that does not give rise to personal jurisdiction over Holder Partnership Ltd, either specific or general, in jurisdictions other than United Kingdom.  These Terms will be governed by the internal substantive laws of the United Kingdom, without respect to any conflict of laws principles.  Any and all disputes, claims and causes of action arising out of or connected with these Terms or the Websites will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in the United Kingdom and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.  No waiver of any term of this these Terms will be deemed a further or continuing waiver of such term or any other term, and Holder Partnership Ltd’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Holder Partnership Ltd without restriction.

Limitations Period

YOU AND HOLDER PARTNERSHIP LTD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


PRIVACY POLICY

The following Privacy Policy covers all of the websites of Holder Partnership Ltd, Resignation Holdings, and all subsidiaries and affiliates (collectively, “Holder Partnership Ltd”), as well as the Mobile Services (as defined below) or desktop application services, software, or other materials or services made available on, from, or through Holder Partnership Ltd’s websites (collectively, the “Websites”). This policy does not, however, apply to entities that Holder Partnership Ltd does not own or control, such as applications and websites using Facebook Platform. If you create a Holder Partnership Ltd account using Facebook or another third-party social media service, or if you link your Holder Partnership Ltd account with any of these third-party services, we may share your information with these third-party services. This Privacy Policy applies only to information collected by the Websites. Please read this policy. If you have any questions or suggestions regarding our privacy policy, please contact us.

By using the Websites, you understand and agree that Holder Partnership Ltd is providing a platform for you to post content, photos, comments and other materials (collectively, “User Submissions”) to the Websites and to share User Submissions publicly. This means that other users may search for, see, use, or share any of your User Submissions that you make publicly available through the Websites, consistent with the terms and conditions of this Privacy Policy and Holder Partnership Ltd’s Terms of Use.

Collection and Use of Aggregated Information

Holder Partnership Ltd creates aggregate reports on user demographics and traffic patterns. These aggregated statistics are used internally to better provide services to users of the Websites. They may also be provided to advertisers, sponsors, and partners; however, they contain no individual personal information and cannot be used to gather such information. This allows Holder Partnership Ltd’s advertisers, partners, and sponsors to advertise more effectively, as well as allows our users to receive advertisements that are pertinent to their needs.

Ownership of Information

Holder Partnership Ltd is the sole owner of the information collected on the Websites. This includes:

  1. Your username, password and e-mail address when you register for an account on a Websites.
  2. Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows Holder Partnership Ltd to help others find your profile on the Websites.

iii. User Submissions that you post to the Website.

  1. Communications between you and Holder Partnership Ltd.

Holder Partnership Ltd may offer certain services that are available via a mobile device or app, including (1) the ability to upload User Submissions to the Websites via a mobile device, (2) the ability to browse the Websites from a mobile device and (3) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). If you use Mobile Services, Holder Partnership Ltd may store information regarding your mobile device, including your device type and operating system, the advertising ID of your mobile device, location services (if you grant permission), or in other applications as permitted by the functionality of such mobile device.

In addition, Holder Partnership Ltd may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device that uniquely identify it. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Holder Partnership Ltd. A device identifier may deliver information to Holder Partnership Ltd or to a third-party partner about how a user browses the Websites and may help Holder Partnership Ltd or a partner provide user reports, personalized content or targeted ads. Some features of the Websites may not function properly if use or availability of device identifiers is impaired or disabled.

How We Use Your Information

Holder Partnership Ltd uses the information you provide, or that we collect, to provide services and features to you; to operate, maintain, and enhance its Websites; to provide users with customer support; as well as to track user-generated content and users to comply as a service provider with the ICO and other applicable laws. Holder Partnership Ltd also uses information to prevent potentially illegal activities. These efforts may, on occasion, result in a temporary or permanent suspension or termination of some functions for some users.

Holder Partnership Ltd may also contact you with announcements related to the Websites from time to time. You may opt out of all communications, except essential updates on your account.

Holder Partnership Ltd does not share your information with advertisers without your consent. Holder Partnership Ltd allows advertisers to choose the characteristics of users who will see their advertisements and Holder Partnership Ltd may use any of the non-personally identifiable attributes it has collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements.

Even though Holder Partnership Ltd does not share your information with advertisers without your consent, when you click on or otherwise interact with an advertisement, there is a possibility the advertiser may place a cookie in your browser or the advertising ID for the Mobile Services and note that it meets the criteria they selected.

Holder Partnership Ltd may share User Submissions and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Holder Partnership Ltd is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Websites and Affiliates’ own services; however, these Affiliates will honor the choices you make about who can and cannot see your photos.

Content and Metadata

The Websites are intended to share text, graphics, photos, sounds, music, videos, audiovisual combinations, and other materials (collectively “Content”) you may view on, access through, or contribute to the Websites.  If you do not want us to store metadata associated with the Content you share on the Websites, please remove the metadata before uploading the Content.

Exclusions

This Privacy Policy does not apply to any information collected by Holder Partnership Ltd other than information collected through the Websites and shall not apply to any unsolicited information you provide to Holder Partnership Ltd through the Websites or through any other means. This includes, but is not limited to, Content or other information posted to any public areas of the Websites, such as comments, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Holder Partnership Ltd shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Comments

In order to enhance their use of the Websites, users can choose to post comments on particular articles of interest. Holder Partnership Ltd does not endorse these comments, as they are opinions of users not associated with Holder Partnership Ltd or its employees.

Mailing List

Holder Partnership Ltd may launch an email mailing list for some or all of its Websites. In order to receive regular emails, newsletters and the like from a mailing list from one of the Websites, users must submit information including, without limitation, a valid email address and demographic information. This information will be used in anonymous, aggregate form only in order to assess general user interest in various internal and third-party products and services. Your personal contact information will not be passed to any other organization. Users who choose to sign up for a mailing list will receive regular emails from the site, including new articles added to the site as well as, from time to time, emails from third-party site sponsors. If you do not wish to receive emails from third-party advertisers, do not sign up for the mailing list.

Public Forums

The Websites make chat rooms and message boards available to its users. Any information disclosed in these areas becomes public information. Please exercise caution when deciding to disclose your such information.

Cookies

Some of Holder Partnership Ltd’s business partners may use cookies on the Websites or advertising IDs for the Mobile Services (collectively, “Cookies”). However, Holder Partnership Ltd has no access to or control over these Cookies; this Privacy Policy covers the use of Cookies by Holder Partnership Ltd only and does not cover the use of Cookies by any advertisers.

In addition, the Websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics and Holder Partnership Ltd’s business partners use Cookies to help analyze how users use the Websites. The information generated by the Cookie about your use of the Websites will be transmitted to and stored by Google on servers in the United States. Google and Holder Partnership Ltd’s business partners will use this information for the purpose of evaluating your use of the Websites, compiling reports on activity for operators and providing other services relating to internet usage.  Google and Holder Partnership Ltd’s business partners may also transfer this information to third parties when required to do so by law, or where such third parties process the information on Google’s or Holder Partnership Ltd’s business partners’ behalf. Google will not associate your IP address with any other data held by Google.

You may refuse the use of Cookies by selecting the appropriate settings on your internet browser, or by enabling the Do Not Track settings in your browser. Please note, if you do this, you may not have full access to the Websites.  By using the Websites, you consent to the processing of data about you by Google and Holder Partnership Ltd’s business partners in the manner and for the purposes set out above.

Third Party Advertising

The ads appearing on Websites are delivered to users by third-party advertisers including Google, among others. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.  If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here. We use third-party companies to serve ads and collect non-personally identifiable information when you visit our Websites. These companies often use a Cookie or third-party web beacons to collect information. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here:  https://www.networkadvertising.org/choices/

 

Log Files

Like most standard website servers, we use log files. This includes internet protocol addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. We may use a tracking utility that uses log files to analyze user movement. This information is not linked to personally identifiable information.

Legal Disclosures

Holder Partnership Ltd may need to disclose personal information when required to do so by law or legal process.  Holder Partnership Ltd may also share information when it has a good-faith belief that such action is necessary:
i. to comply with a current judicial proceeding,
ii. to obey a court order or legal process served on any of the Websites;
iii. to prevent fraud or other illegal activity;
iv. to prevent imminent bodily harm; or
v. to protect Holder Partnership Ltd and users from people violating these Terms.

Business Transitions

In the event Holder Partnership Ltd goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, or if Holder Partnership Ltd declares bankruptcy, Holder Partnership Ltd may transfer the aforementioned collected information as part of the assets transferred.

Links

The Websites contain links to other sites. Please be aware that Holder Partnership Ltd does not control and is not responsible for the privacy practices or content of other sites. We encourage users to be aware when they leave our Websites and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by Holder Partnership Ltd.

Notification of Changes

Whenever Holder Partnership Ltd changes its Privacy Policy, we will post those changes to this privacy statement, and other places deemed appropriate.

Violations of this Policy

Holder Partnership Ltd may terminate your access to its Websites, if, under appropriate circumstances, Holder Partnership Ltd determines you violated this Privacy Policy.

How Should a User Contact Holder Partnership Ltd?

If you suspect that Holder Partnership Ltd has handled your information in a manner that does not comply with this Privacy Policy, please contact us at contact@thewhoosh.co.uk