1. Terms of website use
Access to Imagination’s website www.wherearethejoneses.com whether as a guest or a registered user is subject to these terms. www.wherearethjoneses.com contains access to a dedicated Blog operated through Wordpress (“the Blog”) and a wiki operated through Wikidot (“the Wiki”). References to the Site in these terms of use shall include the Blog and the Wiki, references to our Service Providers means Wikidot and Wordpress. In order to contribute to the Wiki you will need to register your details with Wikidot and you will be subject additionally to Wikidot’s terms and conditions.
Please read these terms of use carefully. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms please leave the site. This site has been designed to comply with English law, is hosted in England and intended to be accessed by UK residents.
2. Information about us
www.wherearethejoneses.com is a site operated by Imagination Limited ("Imagination"). Imagination are registered in England and Wales under company number 1442096 and have Imagination’s registered office at 25 Store Street, South Crescent London WC1E 7BL. The www.wherearethejoneses.com project is sponsored by Ford Motor Company (“Ford”).
3. Accessing the Site
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide through the Site without notice. Imagination will not be liable if for any reason the Site is unavailable at any time or for any period.
4. Using the Site and Content Rules
You may not use the 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 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.
When contributing to the content on the Site you agree that your User Contributions shall:
• Be accurate (where they state facts)
• Be genuinely held (where they state opinions)
• Comply with applicable law in the UK and in any country from which they are posted
• Be provided with the permission of any other person having rights in such content
Your User Contributions shall not:
• Contain any material which is defamatory of any person, corporation or other body
• Denigrate Ford, any Ford or Premier Automotive group brands, Imagination or any other automotive brand
• Contain any material which is obscene, offensive, hateful or inflammatory
• Promote sexually explicit material
• Promote violence
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Infringe any copyright, database right or trade mark of any other person
• Be likely to deceive any person
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Promote any illegal activity
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
• Be likely to harass, upset, embarrass, alarm or annoy any other person
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
• Give the impression that they emanate from us, if this is not the case
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
You also agree that you shall not use the Site as a storage facility for your personal digital files. Any images which you upload on to the Site are only saved for the purposes of display on the Site and not for storage or other purposes. Imagination do not warrant to preserve the quality or resolution of any picture uploaded to the Site.
5. User Contributions
Whenever you make use of a feature that allows you to make a User Contribution to the Site, you must comply with the content rules set out in clause 4. You warrant that any such contribution does comply with those rules, and you indemnify us for any breach of that warranty.
By making a User Contribution you grant to Imagination and each of Imagination’s successors in title and to all users of the Site a non-exclusive licence in perpetuity throughout the world in respect of all intellectual property and related rights and publicity rights with respect to such User Contribution and you hereby waive in favour of Imagination and its successor’s in title and each user of the site all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of such User Contribution; IF YOU DO NOT WANT TO GRANT TO IMAGINATION THE RIGHTS SET OUT ABOVE, PLEASE DO NOT SUBMIT YOUR USER CONTRIBUTION TO IMAGINATION.
You shall be solely responsible for your own User Contributions and the consequences of submitting, posting or publishing them. Imagination will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
Imagination do not screen, monitor, edit, or review any content posted by users of the Wiki. We do pre-vet all User Contributions submitted for posting to the Blog. Imagination reserve the right to refuse to publish any User Contribution and we have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content obligations set out in our clause 4 or if we consider, in our absolute discretion, that the removal of any material may benefit the Site.
6. Intellectual Property Rights
Imagination or Ford are the owners or the licensees of all intellectual property rights in the Site. All names, images, logos identifying Ford are proprietary marks of Ford. “Imagination” is the registered trade mark of Imagination.
In acknowledgement of your participation on this site Imagination and or Ford makes available to you all content in the Wiki and the Blog (including User Contributions and material posted by us) and all audio visual footage produced for by, or for, Imagination in connection with the wherearethejones.com project and uploaded or linked to the Site by Imagination or anyone acting on its behalf (“the AV Work”) by means of a Creative Commons licence on the basis of Attribution and Share Alike 3.0. This means that you are free to copy, distribute, display and perform this material and to make derivative works with which you may do the same provided that you give Imagination and Ford credit and if you alter, transform or build upon this work you may distribute the resulting work only under a licence identical to this one. A summary of the Creative Commons licence is at http://creativecommons.org/licenses/by-sa/3.0
A full copy of this Creative Commons licence may be viewed here. Imagination and Ford’s status (and that of any identified contributors) as the Original Author(s) and/or sponsor of material taken from the Site must always be acknowledged.
In respect of the rest of the site such as these terms of use and text outside the wiki and the blog you may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site. You must not modify or copy the paper or digital copies of any materials you have printed off or downloaded in any way, other than as provided by this paragraph 6.
7. Notice and Take down Policy
Imagination does not permit infringement of intellectual property rights or other third-party rights on the Site, and Imagination shall remove or suspend or disable access to any content or User Contribution if properly notified that such content or User Contribution infringes a third party's rights. Imagination shall also terminate, or shall request that its Service Providers terminate, a User's access to the Site if such User has been notified of infringing activity more than twice and/or has had a User Contribution removed from the Site more than twice.
Imagination also reserves the right to decide whether content or a User Contribution is appropriate and complies with these Terms of Use for violations other than infringement of intellectual property rights, including, but not limited to, pornographic, obscene or defamatory material, or material of excessive length (as determined by Imagination in its sole discretion). Imagination may remove such User Contributions without prior notice and at its sole discretion.
Imagination shall fully co-operate with any law-enforcement authorities or court order requesting or directing the disclosure of the identity of anyone who submits unlawful material.
If you believe that any content or User Contribution is defamatory of you or if you are a rights-owner or an agent acting for a rights-owner and believe that any User Contribution or other content infringes your rights and if you wish Imagination to remove such material from the Site or to suspend or disable access to it, please submit a notice by email with the subject line “Removal request” to moc.liamg|senojehteraerehw#moc.liamg|senojehteraerehw providing Imagination with the following information:
(i) an electronic or physical signature of the rights-owner, a person duly authorised to act on behalf of the rights-owner or the subject in respect of defamatory material;
(ii) details of the proprietary material that is claimed to have been infringed (or, if multiple proprietary materials on the Site are to be covered by a single notification, a representative list of such materials);
(iii) details of the material that is claimed to be infringing or to be the subject of infringing activity or details of the content that you allege is defamatory of you and why you allege that it is defamatory, together with information reasonably sufficient to permit Imagination or the relevant service provider to locate the material (including a URL and/or screen shot);
(iv) information reasonably sufficient to permit Imagination or the relevant service provider to contact you, such as a postal address, telephone number and, if available, an email address; and;
(v) a statement by you that: (a) you believe in good faith that use of the material in the manner complained of is not authorised by the rights-owner or the rights-owner’s agent or by law or is defamatory of you; (b) the information in the notification is true and accurate; and (c you are the rights-owner or are duly authorised to act on the rights-owner’s behalf or are the subject of the defamatory material.
In appropriate cases we will forward your notification to our Service Providers to activate their notification and take down procedures.
8. Reliance on Information Posted
The information and commentary posted on the Site are intended for general entertainment purposes only. The views and opinions expressed on the site are not necessarily those of Imagination or Ford. Imagination therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
9. Registration with the Site
On registration with our Service Providers you must provide them with accurate complete information and it is your responsibility to inform our Service Providers of any changes to that information.
10. The Site changes regularly
We aim to update the Site regularly, and may change the content at any time. If the need arises, Imagination may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and Imagination are under no obligation to update such material.
11. Information about you and your visits to the Site
Imagination process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
12. Viruses, hacking and other offences
You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Imagination will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Neither Imagination or Ford will be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
13. Linking to the Site
You may link to Imagination’s home page, provided you do so in a way that is fair and legal and does not damage Imagination’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Imagination’s part where none exists.
You must not establish a link from any website that is not owned by you.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. Imagination reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the obligations as to content set out in clause 4.
If you wish to make any use of material on the Site other than as set out above, please address your request to moc.liamg|sesenojehteraerehw#moc.liamg|sesenojehteraerehw.
14. Links from the Site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Imagination has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you follow such links to such sites or resources you will be subject to the relevant third parties terms and conditions.
15. Our liability
Whilst Imagination make reasonable efforts to ensure the accuracy of the Site we expressly exclude any guarantees, conditions or warranties of any kind as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us and Ford hereby expressly exclude any liability for any direct, indirect or consequential loss or damage arising in connection with your use, or inability to use, the Site, any websites linked to it and any content posted on it including, without limitation any damage to, or viruses that may affect your computer, or other equipment. You specifically acknowledge that Imagination shall not be liable for User Contributions and that the risk of harm or damage from such contributions rests entirely with you.
This does not affect Imagination’s liability for death or personal injury arising from Imagination’s negligence, nor Imagination’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
16. Indemnity
Where you are in breach of any of these Terms you agree to fully indemnify Us and/or Ford and Imagination’s licensors, shareholders, officers employees, consultants and agents on demand against all costs and damage flowing from that breach or any breach of third party rights or any claim that your User Contribution caused damage including but not limited to legal costs. This clause shall survive any termination of these terms of use and/or your use of the site.
17. Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or other use of the Site although Imagination reserves the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
18. Variations
Imagination may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.
Thank you for visiting the Site.
