These Terms were last updated on March 16, 2022.
The southernummy.co.uk website and service (together the “Service”) is operated by Finn Media (collectively “we” or “us”) with an office in England (“Company”). By using the Service you are agreeing to be bound by these Terms.
Please read these Terms carefully before registering or using the Service. If you do not accept these Terms, then you may not use the Service. These Terms are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.
Use of the Service
You may use this Service solely for personal and non-commercial purposes and you have to comply with these Terms, all applicable laws, rules and regulations. The Service is for entertainment purposes only.
It is our goal that the Service will be available to users 24 hours a day, 7 days a week, but we cannot guarantee such availability. We will not be liable for any delay or temporary disruption in access, no matter for how long.
The Service may provide you with an opportunity to share and upload, or submit to public forums, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “User Content”). You hereby grant Company a non-exclusive, irrevocable, perpetual and worldwide license to use, adapt, republish, copy, store, sell, distribute, communicate to the public, perform and distribute your User Content, including any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you, as part of the Service or in support of the Service through advertising and marketing.
You represent and warrant that nothing contained within the User Content would require Company to seek permission of a third party in order to use the User Content as described in these Terms. You also consent to the doing of (or omitting to do) any acts in respect of the User Content which may otherwise constitute an infringement of your moral rights. Any User Content uploaded to the site will be deemed non-confidential.
Company requires all of its users to be respectful of other people. If you notice any violation of these Terms or other unacceptable behaviour by any user, you should report such activity to Company to email@example.com.
You are solely responsible for the User Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any content you access from other users of the Service.
The categories of prohibited User Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not User Content is acceptable for the Service and any User Content that, in Company’s sole discretion, is found in breach of these Terms (including this Acceptable Use Policy) or is otherwise unacceptable may be removed from the Service.
Without limitation, you will not post or transmit to other users any User Content that:
- is defamatory, abusive, obscene, profane or offensive
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service)
- violates any party’s right of publicity or right of privacy
- is threatening, harassing or that promotes racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual
- promotes or encourages violence or contains sexually explicit material
- is inaccurate, false or misleading in any way
- is illegal or promotes any illegal activities
- contains personal information of any party such as phone numbers, addresses, car registration numbers etc
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- or contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Company is under no obligation to screen or monitor User Content (unless so required by law), but it may review User Content from time to time, at its sole discretion, to review compliance with these Terms. The Company may include, edit or remove any User Content at any time without notice.
You understand that when using the Service, you will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
We have the right, but not the obligation, to monitor or review all materials posted by any users on the Site, including within our editorial comments. We reserve the right to edit, refuse to post or to remove any information or materials that we believe is objectionable or violates this Agreement, the Terms & Conditions, or applicable laws or regulations. We may remove any review or comment at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such review or comment), or for no reason at all, with or without notice.
We may also impose limits on certain features, restricting your access to part or the entire website if it is believed that you may be in breach of these Terms & Conditions, any applicable laws/regulations and/or for any other reason without notice or liability to us. Furthermore, it is acknowledged and agreed that, any actions taken by us to improve the user experience of the website, including monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials shall not be deemed to create any duty towards you nor shall it be deemed a basis for any liability against us.
Editors typically include images as part of their blog posts and the images that they are authorized to use includes the following:
- Images that are licensed from vendors
- Images that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes
- Images that are supplied by readers, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site
- Images that are published on photo hosting sites or other public photos sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
- Images that are commissioned by the site
Images that we believe to be covered by the Fair Use Doctrine, such as:
- Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source
- Images that are used to illustrate a newsworthy story, where the image itself tells a story
- Images used in a transformative manner, such as parody
- Images that are widely distributed that they have become part of the news
If the Sites receives any notice that an image is posted inappropriately, such as not keeping in line with the terms listed above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
Prohibition of use of automated crawling techniques
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms. You may not resell use of, or access to, the Service to any third party.
Termination of Service and Service Access
We reserve the right to change the contents of the Service or to discontinue it at any time, as well as the right to deny access to the Service to any person whom we have reasonable grounds to believe may be using the site for an unlawful or unauthorized purpose or in a manner that may harm us.
Links to third party’s content
Our Proprietary Rights
Company or its licensors are the owners or licensees of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. You are not allowed to use, copy, distribute, modify or make derivative works of any of the described materials. Of course an exception is made with regard to the temporarily buffering of content while the regular use of the Service.
Indemnification and disclaimer
The Service is provided “as is.” We disclaim all warranties, express and implied, including the implied warranties of merchantability and of fitness for a particular purpose with respect to any information contained on, accessible through or derived by you from the Service and with respect to any products or services purchased by you through this site. We likewise disclaim any and all liability to you arising out of interruption or damage to your computer system or software as the result of accessing or otherwise using the Service. We neither warrant nor represent that the services or information available through this site will enable you to achieve any particular result or outcome, legal economic, education, or otherwise. We will not be liable for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues, lost profits, or loss of data arising out of your use of the Service. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees you have paid to us in connection with your access to this site and/or for products or services you have purchased from us through this site.
In case one of the above set disclaimers is invalid the Company is liable only in case of intent and gross negligence. In case of simple negligence, the Company shall incur liability for losses connected to injury to life, body or health,
You agree to indemnify Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) any breach by you of any of these Terms, (ii) User Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Governing Law and Arbitration
The laws of the UK shall govern all legal issues arising from or related to the use of the Service or these Terms and you consent to the exclusive jurisdiction of the courts located in London, England.
If you believe that any content of this Website violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the intellectual property rights of others.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
The failure by Company to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms.
Company’s rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, including text, graphics, illustrations, logos, button icons, images, audio, video and music, and the selection and layout of such content, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating product information reviews and forum content made available on our website.
Communications Decency Act
Our Online Community Policy (described above) prohibits defamation from being published on our website. In order to complain about defamatory material on our website, please notify us with full details of where the defamation is located on our website (provide us with the URL), your name, and an explanation of how the material is defamatory. We will respond within a reasonable timeframe and, if it appears that there are grounds to believe the material is defamatory, we will remove it. You may send your request to firstname.lastname@example.org
Revocation of Consent
Where Southern Mummy has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
Limitation of Liability
To the fullest extent permitted by the law: in no event shall we, our officers, directors, employees, affiliates, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our services, (v) any bugs, viruses trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our website, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that we do not actively screen blog comments and forum posts before they are uploaded to our website by third parties and, whether or not we would otherwise normally be held liable for such words under the laws of any jurisdiction, we shall not be liable for the 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.
We make no representations that the site is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Modifications of Terms & Conditions
We may, in our sole discretion, modify or revise these Terms & Conditions at any time. Once changes are posted, these changes become effective immediately and if you use the website after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms & Conditions cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The bottom of this Terms & Conditions page will explicitly state the “Last Updated Date”, which should indicate to you the Terms & Conditions that are currently in effect.
Copyright Infringement Claims
If you are a copyright owner or agent thereof and believe that any of the content on the the site infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), to our copyright 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 work claimed to have been infringed, or, if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;
- 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 us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This contact information is only for suspected copyright infringement. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
If you have any questions, concerns or notices of violations to these terms and conditions, please contact the editor of Southern Mummy by sending an email to email@example.com