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Terms & Conditions

The following are terms and conditions of use of the Moments of Joy web application (momentsofjoy.bluecross.org.uk) referred to as the “WEBSITE”. Your use of this Website constitutes your acceptance of these terms and conditions of use.

BLUE CROSS is referred to as the “Promoter” in this document. The Promoter recommends that users of the website print a copy of these terms and conditions for future reference.

General

  • By using the Website you confirm your acceptance of these terms of use, and you agree to be bound by them.
  • Only people over the age of 16 may use the Website. If under 16 please ask parental permission.
  • In using the Website and accepting the required permissions, the user will receive a personalised shareable card.
  • There will be one way of creating the card, which is as follows;
  • Manual adding of personalised text and name
  • Manual photo upload via the Website using the following methods:
  • Desktop Upload – Manually uploaded via users’ desktop
  • Mobile Upload - Manually uploaded via users’ camera roll or taken by the phone camera
  • You are the legal and beneficial owner of all intellectual property rights in the photo, which you submit for use in your card, and your photo does not infringe third party rights or any applicable laws.
  • You have the right to grant the Promoter and others permission to use your card in the ways described in these terms of use.
  • You have waived, and you agree not to assert, any moral (or similar) rights in your card.
  • If you or any card you create does not comply in full with these terms of use, the Promoter reserves the right to remove your card from public access. See Card Moderation section below for possible reasons why your card could be rejected.
  • The Promoter and its associated companies and agents exclude responsibility and all liabilities arising from all cards, any suspension, changes to, use or withdrawal of the Website and any act or default of any third party.
  • The Promoter does not guarantee that the Website will always be available or be uninterrupted, and that it may suspend, withdraw, discontinue or change all or part of the Website, and/or amend these terms of use at any time and without notice.
  • The website will cease to exist on 6th May 2020.
  • The Promoter will select personal details for the purpose of administering this Website. Please see our Privacy Policy for further details.
  • These terms of use, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Website.

Prohibited Uses

  • You may use our site only for lawful purposes. You may not use our site:
    • In any way that breaches any applicable local, national or international law or regulation.
    • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    • For the purpose of harming or attempting to harm minors in any way.
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
    • To transmit, or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • You also agree:
    • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
    • Not to access without authority, interfere with, damage or disrupt:
      • any part of our site
      • any equipment or network on which our site is stored
      • any software used in the provision of our site
      • any equipment or network or software owned or used by any third party

Manual Photo Upload Route

  • Users will be able to create their card by uploading their own picture via their desktop computers or mobile devices.
    • Users will be able to upload photos in the following formats:
      • JPEG
      • PNG
      • GIF (static)

Direct Social Media Sharing

  • Once the card has been created, the user will be able to share directly to their Facebook and Twitter accounts via the relevant share button or using a custom link.
  • The user will also be able to download the asset for use of sharing or emailing.
  • Post moderation - if the card is rejected then the card, and photo, will no longer be viewable on the shared gallery page. If approved, the card will continue to be viewable if the users has allowed it to be so.

Card Moderation

In order to improve the user’s journey, cards will be auto-confirmed to give the user instant access. However all cards, whether the user agrees to publish them on the gallery or not, will be regularly monitored by staff. If a user’s card does not comply in full with these terms of use, the Promoter reserves the right to remove the card from public viewing.

Rejected Cards – Possible Reasons

Removal of cards is at Blue Cross’s discretion. The following are possible reasons for the user’s card to be removed:

  • Any content photos used within the user’s card that:
    • breach these terms and conditions
    • are violent or aimed at inciting violence, discriminatory, fraudulent, graphic, unlawful, sexually explicit, bullying, exploitative or breach the privacy of others.
    • constitute cruel, insensitive or hateful speech
    • display any obvious branding visible within individual images.

Intellectual Property

Unless specified to the contrary, you are the owner or the licensee of all intellectual property rights in the content of the card you create via the Website and materials are protected by copyright and treaties around the world.

The Promoter is the owner of all intellectual property rights in the content of the Website. All such rights are reserved. No part of the content of the Website may be reproduced in any form or used in any other way except with the Promoter’s prior written permission or in accordance with these terms and conditions of use. By creating your card via the Website, you agree that your card and photo may be used by the Promoter and its selected sub-licensees for Promoter’s marketing and promotional purposes, in any and all media throughout the world in perpetuity without remuneration (“Permitted Purposes”).

You agree to do such other things and execute such other documents as are reasonably requested of you by the Promoter in order to allow the Promoter to use your card for the Permitted Purposes.

Variation

These terms and conditions of use may be varied and updated at any time by us amending this page.

These terms and conditions of use are governed by and should be construed in accordance with the law of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

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