These terms and conditions ("Terms and Conditions") apply to all users of the Site, including those users who submit video, image, text or any other content (collectively "Content") to the Site, ("you", "your"). You may only use the Site if you accept these Terms and Conditions. Your use of the Site will be treated as your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Site or submit any Content.

1 THE SITE

1.1 We make no representation that the Content or the Site is appropriate or available for use in locations outside of the United Kingdom. You may not access the Site from any territory where local law prohibits access.

1.2 Some features of the Site require you to register with us and create an account. You will be issued with a password that you can change once your email address and other account information have been verified by us. It is your responsibility to keep your password secure and confidential. You agree that you are solely responsible for any and all use of your account whether or not such use is authorised by you.

1.3 You acknowledge that the Site is made available for personal and non-commercial use only and is designed for access only by persons browsing the content manually. You agree that you will not re-sell, deep-link, scrape or reproduce any content for any commercial or competitive purpose. You agree not to use any system to access the Site that sends more requests to our server over a given period of time than a human could realistically have sent in the same period.

1.4 We may from time to time offer you the opportunity to take part in one or more competitions or prize draws (each an "Event"). The rules governing each Event, including age restrictions on entrants, closing dates, prizes etc, will be posted on the Site. All entries submitted by you in respect of an Event shall constitute Content for the purposes of these Terms and Conditions. Unless otherwise stated in the rules governing an Event the remaining provisions of this Clause 1.4 shall apply to each Event. Events will be open to all persons who have a user account. Our decision on all matters affecting any Event will be final and legally binding. No correspondence will be entered into. Names of winners will be posted on the Site. There will be no cash alternative to any non-cash prize and prizes will be non-transferable. Proof of transmission of any entry is not proof of receipt. We are not responsible for any entry not being transmitted correctly and we shall not be liable to you as a result.

2 LICENCE GRANTS

2.1 The Site and its content (other than Content submitted by users) including all text, code, software, images, sounds, music, videos and interactive features are owned by us or our licensors. We hereby grant to you a non-exclusive personal licence to access the Site including the Content submitted by users for personal, non-commercial purposes subject to your compliance with these Terms and Conditions.

2.2 The Site features software tools that enable you to upload, display and otherwise post Content to the Site. By posting any Content to the Site you grant us, our affiliates and their successors a perpetual, non-exclusive, worldwide, royalty-free, right (with the right to grant sublicences to other users of the Site and any other third party) to use, copy, display, perform, adapt, modify, distribute, aggregate, make derivative works of and otherwise exploit such Content in any form.

2.3 You warrant in relation to each item of Content that you submit to the Site that:

2.3.1 where the Content contains identifiable images or video of persons other than yourself those other persons or, where applicable, their parent or guardian, have given you their explicit permission for the Content to be submitted to the Site and used by us under the licence set out in Clause 2.2 above;

2.3.2 you own or control all rights over the submitted Content and your submission of it, and its use by us under the licence set out in Clause 2.2 above, will not infringe the rights of any third party;

2.3.3 you understand and accept the content standards and the content take-down policy set out in Clause 3 below.

3 CONTENT STANDARDS

3.1 Every item of Content that you submit to the Site must comply with the following content standards:

3.1.1 any fact stated in the Content must be accurate and any opinions stated must be genuinely held;

3.1.2 the Content must comply with all applicable UK laws and, if submitted from another country, the laws of the country from which it is submitted;

3.1.3 the Content must not contain any material that is illegal or that promotes illegal activity or any material that is confidential, defamatory of any person, obscene, offensive, discriminatory, deceptive, threatening, abusive, hateful or inflammatory;

3.1.4 the submission of the Content and its use by us under the licence granted under Clause 2.2 above must not infringe any copyright or any other intellectual property right of any other person.

3.2 You may not use the Site:

3.2.1 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3.2.2 to knowingly send, receive, upload, download, use or re-use any material which does not comply with the content standards set out in Clause 3.1 above;

3.2.3 to collect personal data of any user of the Site;

3.2.4 to send, or procure the sending of, any spam or any other unsolicited or unauthorised advertising or promotional material;

3.2.5 to knowingly transmit any material that contains any virus, Trojan horse, worm, keystroke logger, spyware, adware or any other harmful program or code;

3.2.6 to download, store, copy, redistribute or re-sell any part of the Site or any Content other than Content submitted by you.

3.3 We reserve the right to remove any Content if it is the subject of any complaint and/or if, in our opinion, it does not comply with the content standards set out in Clause

3.1 above. You accept that it is our policy to remove Content before commencing any investigation.

3.4 We reserve the right to disclose your identity to any third party who is claiming that any Content submitted by you infringes their rights. We shall have no liability to any third party for any Content submitted by you.

3.5 In the event that you breach these Terms and Conditions we may temporarily or permanently withdraw your right to use the Site and/or remove any Content submitted by you. Our rights under this Clause 3.5 are in addition to any other rights or remedies available against you. We exclude liability for any action taken in response to any actual or alleged breach of these Terms and Conditions.

4 INTERACTIVE SERVICES

4.1 Where we provide any interactive service, we will provide clear information about the nature of the service, whether it is moderated and, if it is moderated, the kind of moderation (i.e. human or automated). The use of our interactive services by children under the age of 18 is subject to them first obtaining the consent of their parent or guardian.

4.2 We will attempt to assess any potential risks for users (particularly children) of such interactive services and decide whether it is appropriate to moderate the service. However, whether or not the service is moderated, we will not be liable for any loss or damage that may arise from any use of any such interactive service that contravenes the content standards set out in Clause 3.1 above.

4.3 The Site provides a means by which you may alert us to the presence of Content that breaches our content standards or that otherwise causes you concern. In the event of one or more such alerts being received we will remove the relevant Content pending our investigation.

5 LIABILITY

5.1 Without prejudice to any rights you may have as a consumer, you acknowledge and agree that the Site is provided "as is" and "as available". We do not warrant or represent that the Site is suitable for your requirements, fit for any particular purpose or that your use of the Site will be error or defect free, secure or uninterrupted.

5.2 We hereby exclude any and all liability to you for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill and any indirect or consequential loss or damage incurred by you in connection with the Site or in connection with your use of, or inability to use, the Site, any websites linked to it and any Content posted on it.

5.3 Our maximum aggregate liability to you for any loss or damage of any kind, however arising and whether in tort (including negligence), breach of contract or otherwise shall in no circumstances exceed €100.

5.4 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury arising from our negligence, our liability for fraud or any other liability which cannot be excluded or limited under applicable law.

6 INDEMNITY

6.1 You agree to defend, indemnify and hold harmless Expresstrack Limited and its affiliates and its and their employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including attorney's fees, that arise from any breach of these Terms and Conditions and/or any infringement of any rights of any third party by you or any person using your account.

7 GENERAL

7.1 We have no control over third party websites that may be accessed through hyperlinks provided on the Site. All such hyperlinks are provided "as is" without any warranties that any such websites will be available, appropriate or fit for any particular purpose. You follow any such hyperlink at your own risk.

7.2 The agreement between you and us formed by your acceptance of these Terms and Conditions is binding on you and us and on our respective permitted successors and assigns. Neither you nor your successors or assigns may transfer, assign, charge or otherwise dispose of any of your rights or obligations under such agreement without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and/or obligations to any third party without notice.

7.3 We will not be liable or for any failure to perform, or delay in the performance of, any of our obligations under these Terms and Conditions where such delay is caused by events outside our reasonable control.

7.4 A waiver by us of any default shall not constitute a waiver of any subsequent default.

7.5 If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

7.6 The agreement formed between you and us by your acceptance of these Terms and Conditions constitutes the entire and only agreement between you and us in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. You acknowledge that neither you nor we are relying on any statements, warranties or representations given or made in relation to the subject matter of such agreement, save those expressly set out in these Terms and Conditions and that neither you nor we have any rights or remedies with respect to such subject matter otherwise than under these Terms and Conditions save to the extent that they arise out of fraud or fraudulent misrepresentation.

7.7 We may terminate access to the Site or the Content or any part of it with immediate effect at any time, with or without cause and with or without notice.

7.8 You may terminate your account by selecting the de-registration procedure provided on the Site. Deregistration will cause the deletion from our operational database of all information provided by you although we may retain a copy of such information in a non-operational archive for the purposes of demonstrating our compliance with legal obligations.

7.9 Provisions of these Terms and Conditions that are expressed to survive termination or that, from their nature or context, ought reasonably to survive termination shall remain in full force and effect notwithstanding termination.

7.10 We may revise these Terms and Conditions at any time by amending this page. You must check this page from time to time to take notice of any changes we made, as they will become legally binding on you if you continue to use the Site.

7.11 A person who is not a party to this Agreement has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. Notwithstanding that any term of this agreement may be or become enforceable by a person who is not a party to it, the terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by Agreement in writing between the parties or this Agreement may be rescinded (in each case), without the consent of any such third party.

7.12 These Terms and Conditions and the agreement formed by your acceptance of them are governed by the laws of England. Any dispute between you and us shall be subject to the non-exclusive jurisdiction of the courts of England.