Terms & Conditions

Widgety is designed to save you time, but if we’re honest, nobody has the time to thoroughly read the Terms & Conditions – even though we know we should. So, here’s our synopsis version – so you know what you’re signing up to.

• Your content is just that, it’s your content. However, you’re giving us permission to share anything you add to Widgety.
• If there’s anything you don’t want shared, let us know, and we’ll take it down immediately.
• As it is your content, if you want to remove anything, you can at any time and you don’t have to give us any notice.
• We’ll do our very best to let you know where exactly your content goes: who’s embedded it, how many views you’ve got, how many people are following your Place.
• If you’re borrowing content, you’re safe in the knowledge that you’ll only ever receive the content you want. We won’t feed you any of this ‘Featured’ content, and there aren’t any ‘Suggested’ Places to worry about. Search for, find, and embed the content you choose.
• When you sign up to Widgety, you’re free to come and go as you choose. We don’t have a minimum sign up period or anything like that. You’re not tied to us in any way.
• We find that the internet is becoming more and more intrusive by the day, and we’re proud to be a little different. We don’t have any adverts, we don’t datamine, and we won’t sell your information – ever. That’s a promise.

THE SMALL PRINT

Thanks for signing up to Widgety. These terms of service (“Terms”) cover your use and access to the services, software and websites (“Services”) provided by Widgety. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, and to review our Privacy and Acceptable Use policies. If you’re using our Services for an organisation, you’re agreeing to these Terms on behalf of that organisation.

YOUR CONTENT & YOUR PERMISSIONS

When you use our Services, you provide us with things like your files, Content, videos, and so on (“Your Content”). Your Content is yours.

SHARING YOUR CONTENT

Our Services let you share Your Content with others, so please think carefully about what you share.

We may review your conduct and Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the Content people post and share via the Services.

Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.

TERMINATION

You’re free to stop using Widgety at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.

MODIFICATIONS

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, or posting on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

1. WHAT WE WILL DO FOR YOU

Maintaining your privacy
We recognise the importance of privacy, so if you are using any of our Services under a pseudonym we will keep your true identity secret unless we are legally obliged to reveal it.

We may edit or delete the Content you provide at any time at our sole discretion, although we have no obligation to review the information you provide.

2. WHAT YOU SHOULD DO FOR US

Please behave responsibly when adding Content to our websites. By using any of our Services, you agree to the following.

You will not use our websites in any way that is:

• Illegal or unlawful, or likely to encourage illegal or unlawful behaviour;
• Likely to be a nuisance, harmful or deceptive to any other person.

Any Content you add to the website will:

• Be factually accurate and/or be your genuinely held belief or opinion that is based on facts;
• Not be defamatory, obscene or offensive;
• Not infringe the copyright, trade marks or any other intellectual property rights of another person;
• You will not try to access any confidential information (including usernames and passwords) of any other person.

3. OTHER IMPORTANT THINGS YOU NEED TO KNOW

You take full responsibility for the Content you add to Widgety which means that if you provide Content in breach of these terms, you may be required to compensate anyone who suffers as a result.

You grant us a non-exclusive licence to use the Content you add to Widgety. For example, we may use this information for our campaigning purposes or marketing materials.

What happens if you don’t comply with these terms?
We will treat any non-compliance as a serious issue, and if we think you have breached any of these terms, we may take any action that we consider appropriate. This may include:

• The temporary or permanent suspension of your access to Widgety;
• Taking legal action against you, possibly to recover any financial loss that we have suffered as a result of your actions; or
• Publishing a statement on any of our websites detailing your actions.

Availability
We will aim to ensure Widgety is always available, but there may be times when, unfortunately, it will not be. We will try and keep any periods when Widgety is unavailable to a minimum.

Accessibility
We will try to ensure Widgety is accessible to everyone. If you are having problems accessing Widgety, then please contact support(at)widgety.co.uk to see what we can do to help.

Please download Content carefully because you will be responsible for any damage to your computer system that may result.

You must not do anything to damage or disrupt Widgety, and you must not use Widgety in a way that may cause a nuisance to others.

You must ensure any links are used in a fair and reasonable manner and that their use will not damage our reputation or take unfair advantage of it (commercially or otherwise).

The website you are linking from must not contain offensive, obscene or defamatory material, and must not infringe anyone’s copyright, trademarks or other similar rights.

4. OTHER IMPORTANT THINGS YOU NEED TO KNOW

What happens if things go wrong?
Given the nature of Widgety and the wide range of information and services we provide, it’s possible that every now and again things may not go as planned. If we make a mistake, rest assured we will do our best to put things right as soon as possible.

• Unfortunately, we will not be able to compensate you for any loss you may suffer as a result of:
• Any mistake we, or our users, make with the Content on Widgety;
• Any parts of Widgety being unavailable or inaccessible;
• Your use of any organisation’s website that you can access from Widgety (including any purchase from that organisation and any use they make of the personal data you provide to them);
• The downloading of any material from any of Widgety;
• The Content added to our websites by people using our Services.

We do not, of course, exclude any liability we may have in the unlikely event we have been fraudulent or if we are negligent and as a result we cause your death or personal injury, whether in connection with these general terms or any of our other website terms and conditions.

What happens if you don’t comply with our website terms?
You agree to compensate us for any loss that we suffer as a result of your failure to comply with either our general terms or any of our other website terms and conditions.

If anyone complains about your use of Widgety or the Content you add to the platform, you agree that we can control the handling of any such dispute and that you will fully support and co-operate with this.

English law shall apply to all our Terms and any disputes must be heard in an English Court. Nothing in any of the terms and conditions affect your legal rights.

LEGAL AGREEMENT FOR SHARING CONTENT ON OTHER WEBSITES

THIS AGREEMENT is                                

BETWEEN

(1) Widgety Limited (Company Registration Number 07760011) of Testwood House Testwood Park Salisbury Road Southampton SO40 2RW (hereinafter called Widgety)

AND

You, the User

1. Definitions

1.1 In this Agreement the following words and expressions shall have the following meanings:       

• “Confidential Information” means all business, technical, financial or other information created or exchanged between the parties during the term of this Agreement;
• “Hypertext link” means generally, words or phrases in a document that when clicked on cause another document to be displayed;
• “Trade Marks” means all trade marks, trade names and logos belonging to either party;
• “Intellectual Property Rights” means any and all intellectual property rights including patents, know-how, trade marks, trade names, goodwill, domain names, email addresses, copyright, design right, registered design right, database right (and where applicable, any applications therefore) or any other intellectual property rights of a similar nature.

1.2 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

1.3 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2. Introduction

2.1 Widgety operates and maintains a website on the World Wide Web at widgety.co.uk (hereinafter referred to as “Widgety”) through which it provides:

2.2 The Affiliate Company operates and maintains a website on the World Wide Web at URL AT AFFILIATE COMPANY (hereinafter referred to as “the Affiliate Company Website”) through which it provides information for users of travel material relating to cruising.

2.3 Each party wishes to have access to the other party’s website upon the terms and conditions of this Agreement.

2.4 For the duration of this Agreement either party is entitled to enter into similar arrangements with third parties. Nothing in this Agreement grants either party exclusive rights in relation to the other party.

3. Access between websites

3.1 With effect from the date of this agreement (hereinafter referred to as “the Commencement Date”), each party shall be entitled to:

• Access each other parties website by the use of each parties respective software on the other parties website or by directly inputting information or material onto the other parties web pages. Such information shall be placed either remotely by one party or the other or be placed by the respective party owning the website at the request of the other party
• Access each other parties website for the purposes of using the other parties material on the parties own website. Such information shall be available either remotely by one party or the other thing entitled to access that material directly or to be supplied with such material by the actions of the other party
• Any detailed conditions as to any limitations on the placement of or obtaining of material between the parties respective websites shall be included in a schedule annexed to this agreement.
• The provisions as to the manner and calculation of payments between one party in the other in carrying out the terms of this agreement shall be incorporated in the schedule annexed to this agreement.

3.2 The style, content format and positioning of information or material on each website shall be as agreed between the parties prior to the Commencement Date or such as shall be agreed by mutual agreement during the period of this agreement.

4. Intellectual property rights

4.1    From the Commencement Date and for the term of this Agreement each party grants the other party a world-wide, non-exclusive, royalty-free licence to use the content of that party on the other party’s website.  Otherwise, neither party may use any of the other party’s Intellectual Property Rights without the prior written consent of that party.

5. Data protection

5.1 Subject to the restrictions outlined in Clause 5.2, each party will provide the other party with information relating to visitors accessing the other parties content on their website, including any names addresses another and other information collected from visitors subject to appropriate Data Protection procedures set out below.

5.2 Where under this Agreement either party discloses information relating to an identified or identifiable individual, partnership, corporation or other entity (hereinafter referred to as “Personal Data”) the other party will apply appropriate technical and organisational security measures to protect Personal Data against destruction, loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing (including, but not limited to, ensuring the reliability of any personnel who have access to the Personal Data).

5.3 Both parties  undertake, in relation to Personal Data received pursuant to the operation of this Agreement, to comply at all times (both during the subsistence and after termination of this Agreement) with any obligations imposed under the terms of the United Kingdom Data Protection legislation and any other legislation or self-regulatory guidelines from time to time relating to the holding, use and/or disclosure of Personal Data applicable in the United Kingdom or other relevant jurisdiction.

6. Warranties

6.1 Each party warrants that:

• Its website complies with all applicable laws and regulations, including without limitation, those relating to data protection;
• It owns or has the right to use all Intellectual Property Rights in, and in relation to, its website and in respect of the content supplied to the other parties website;
• This Agreement does not breach any other agreement to which it may be a party.
• It shall use its reasonable endeavours to ensure that its website is available at all times but makes no warranties or representations that its website will operate continuously or without interruptions or be error-free.

7. Indemnity

7.1  Each party agrees to indemnify and hold the other party and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against either party arising out of any breach by the other party of the terms of this Agreement or other liabilities arising out of or relating to the other party’s website.

8. Limitation of liability

8.1 Nothing in this Agreement shall exclude or limit the liability of the parties for death or personal injury resulting from either party’s negligence or that of its employees, agents or sub-contractors.

8.2 The entire liability of each party to the other in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to.

8.3 In no event shall either party be liable to the other for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.  This shall apply even where such a loss was reasonably foreseeable or the possibility of such a loss occurring has been advised.

9. Term and termination

9.1 This Agreement shall become effective on the above date of signature or later date and shall continue for a period of not less than length of initial period and thereafter shall continue until terminated by either party by giving at least one months notice in writing of its intention to terminate the Agreement, with no termination earlier than the initial period.

9.2    Either party may terminate this Agreement forthwith by notice in writing to the other if:

• The other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
• The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
• The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
• The other party ceases to carry on its business or substantially  the whole of its business; or
• The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

9.3 On termination of this Agreement each party shall remove all Links and any reference to the other party from its website and shall as soon as reasonably possible, remove all reference to the other party from any promotional or other published material.

9.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

10. Confidential information

10.1 During the term of this Agreement:

• A party may only use the Confidential Information of the other party solely for the purposes of performing its obligations under this Agreement;
• A party shall keep the other party’s Confidential Information confidential, and shall only use it for the purpose for which such Confidential Information was disclosed;
• A party may not disclose the other party’s Confidential Information without the prior written consent of the other party.

10.2 Either party may only disclose the Confidential Information of the other party to those of its employees, agents, subcontractors or advisors who:

• Need to know such information; and
• Have agreed to keep the Confidential Information confidential on the above terms.
• A party will not be in breach of this Agreement where:
• Confidential Information becomes generally available to the public or has been independently disclosed, without an obligation of confidentiality, to the other party, their employees, agents and subcontractors;
• Is required to be disclosed by operation of law or by order of a court of competent jurisdiction; or
• The other party agrees to such disclosure in writing.

11. Assignment

11.1 Neither party shall, without the prior written consent of the other party, assign or transfer the benefit of this Agreement or any of its rights under it, which consent shall not be unreasonably withheld or delayed.

12. Force Majeure

12.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

13. Severance

13.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

14. Notices

14.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

15. Relationship of parties

15.1 Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.  Neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

16. Entire agreement

16.1 This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.  Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

17. Governing law and jurisdiction

17.1 This Agreement shall be governed by and construed in accordance with the law in England and Wales and the parties hereby submit to the exclusive jurisdiction of English courts.