Terms and Conditions

USE OF YOUR NAME AND PHOTOGRAPH

  1. The Vimtoad Yourself App enables you to create a customised Vimtoad image using a photograph. You must either own the photograph or have the permission of the owner of the photograph (the copyright owner) to use it in this way before you do so, and you must have the permission of any person whose image you use.
  2. Your photo will be passed on to third party software providers who will use it to create your Vimtoad. Your Vimtoad Yourself photograph will be stored and will be accessible by you, and those who you share it with, for as long as the site is accessible. Vimto reserves the right to take down the site, block access to the site or remove or block access to any content on it.
  3. You hereby grant to VImto and its suppliers a worldwide, royalty-free, sub-licensable, transferable, assignable, non-exclusive license to Vimto and its commercial partners to use your name and photo and any other individual’s name and photo provided by you, for the production, processing, storage, distribution, exploitation, promotion, marketing and advertising of the app and the site.

USE OF THE APP

  1. You must be 13 or older to use this app.
  2. You are not permitted to use any pictures of children unless you have their parent or guardian’s permission of their parent or legal guardian.
  3. You agree not to use the site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system.
  4. You must not infringe our intellectual property rights or those of any third party in relation to your use of the App.
  5. You must not submit any material that is defamatory, indecent, harmful, offensive or otherwise objectionable, or submit any words which are actually or potentially offensive, indecent, insulting or otherwise harmful to any individual, including rude names, swear words or a combination of words that may cause offence.
  6. You must not use the site in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
  7. Vimto reserves the right to take down the site, block access to the site or remove or block access to any content on it.

DATA PROTECTION, PRIVACY AND COOKIES

  1. This site uses cookies and is subject to Vimto’s cookie policy. As above this by submitting your photo and name you consent to its use as set out above. By using this site you agree to our privacy and cookies policies available here.
  2. By submitting photos onto our site you agree not to assert any privacy, publicity, moral or similar rights in the images produced by the app and you represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to Vimto.

INTELLECTUAL PROPERTY IN THE SITE

  1. Vimto and/or its licensors/suppliers (as the case may be) are, and shall at all times remain, the sole and exclusive owner(s) of all right, title and interest in and to the site, the intellectual property (including without limitation trade marks and copyright) in it and any associated content. Your use of the site is for personal, non-commercial use only, and shall not in any way transfer or convey any ownership rights or other proprietary interests in the site. You will not have any right, title, or interest in any trade marks and content with which your photo or name may be combined or may be incorporated.

REPORTING IMAGES

  1. Vimto does not have control over, nor does it actively monitor, the content uploaded into the App.
  2. If you consider that any image viewable on our site contains any material that infringes your intellectual property rights, or is in any other way offensive, indecent or inappropriate, please notify us and we will remove it from the site.

WARRANTIES AND LIABILITY

  1. The operation of the site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. Vimto shall not be liable for any such interruptions, errors or problems.
  2. While our intention is to make your Vimtoad image available to share, Vimto cannot guarantee that it, or the App, will be available for any particular time. Vimto has the right, in Vimto’s sole and absolute discretion, to remove content from the site, to withdraw access to the site at any time and to delete any images or stored names on the site at any time at its absolute discretion, or to block access to the site or any part of it to any individual or group of individuals without any liability to you.
  3. The App is provided on a temporary and promotional basis, free of charge and Vimto makes no warranties as to the quality, capabilities or availability of the App, or whether it is suitable for any particular purpose, providing it on an ‘it is what it is’ basis.
  4. Vimto does not warrant that the site, any part thereof, or any information or other material accessible through the site is free of viruses, worms, trojan horses or other harmful components.
  5. Vimto excludes liability arising from this App to the fullest extent permitted by law without limiting or excludinge our liability for, death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by English law.
  6. Vimto has no control over the names and photos used in the App. If you object to any user content included in an image on the site, please inform us of your concerns.

CONTACTING US

  1. For any queries or questions relating to the App please contact: vimtoad@vimto.co.uk
  2. This Site is brought to you by Vimto and its commercial partners. Vimto is owned by Nichols PLC and its registered office is at Laurel House, Ashton Rd, Newton-le-Willows WA12 0HH

OTHER

  1. Please note that these terms constitute a legally binding agreement and it, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.