Terms and Conditions

1. Terms of Service

1.1 Welcome to Boxwish

Boxwish.com (the “Boxwish Website”, or “Website”) is owned and operated by Boxwish Ltd (hereafter “Boxwish”, “we”, “our”, or “us”). Boxwish are a new media company that provide website and content services (the “Website Services”, or “Services”) for the sharing of product and entertainment related information. The services are intended for entertainment purposes and contain information regarding products, places and services used in or associated with elements of popular culture (movies, music, television).

Please read the following terms and conditions (“Terms of Service”) carefully. These Terms of Service, our Privacy Policy and the Copyright Policy govern your access to and use of the Services, including any content, information, personal information, products or services therein. This is a legal agreement between you and Boxwish. By using and/or visiting the Website (including all content available through the Boxwish.com domain name), you signify your assent to these Terms of Service, the Privacy Policy and the Copyright Policy which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Boxwish.

1.2 Eligibility and Registration

In order to make use of certain parts of the Website Services, you will need to register an account with us (becoming a “Member”). In order to do so you must provide us with registration information and ensure your use of the Website Services are in accordance with these Terms of Service and any Applicable Laws (referred to in Section 1.3 below). You warrant that the information you provide to us, whether as part of the registration process or otherwise, is complete, true, accurate and not misleading in any way.

You acknowledge that you will be solely responsible for all activities which take place under your username and for keeping your password secure. If you become aware of any actual, threatened or suspected unauthorised use of your username and/or any other breach of security, you agree to notify us immediately.

You may cancel your account with us at any time by contacting us at support@boxwish.com. We may terminate your account with us for any or no reason, at any time, with or without notice and without liability. Further, if we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any User Submissions. Any suspension, termination or cancellation of your account, by you or us, shall not affect your obligations to Boxwish under these Terms of Service, which by their sense and context are intended to survive such suspension, termination or cancellation.

1.3 Applicable Laws

When you use the Website Service you must comply with all applicable UK laws relating to online conduct (including, without limitation, content which can be posted online) and any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

1.4 Content Disclaimer

A Boxwish Ltd Document. Registered Company No. 6269252. Copyright 2008. Page 11 of 16. The views and opinions contained on the site (including in the spot, request, movie, feature and blog areas) are those of the individual authors and do not necessarily reflect the views or opinions of Boxwish, its employees or any of its affiliates. Boxwish does not endorse any User Submission or any opinion, recommendation, rating, advice, or product association expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Boxwish with respect thereto.

1.5 Content Submitted To The Website

You are responsible for any information, data, text, music, software, sound, photographs, graphics, video files or messages (“Content” or “User Submissions”) which you upload and/or display (in public or privately) to the Website. You acknowledge that given the very large amount of Content added, deleted, altered, and edited on the Services on a frequent basis, Boxwish does not and cannot screen anything made available to its users and/or Members. Boxwish may (but shall not be obliged to) delete, edit, lock, move or remove any Content without notice. You further acknowledge and agree that no Content on any of the Services represent an express or implied endorsement of any kind by any celebrity, person, user, company, charity, school, shop, or any other entity represented or featured on the Services. Associations or connections between elements of popular culture (movies, music, television) and products (“Spots”) on the Services are for entertainment purposes only. By posting, uploading and/or displaying any Content to the Website you warrant that: (a) you own all intellectual property and proprietary rights in such Content or that you have a licence from the owner of such rights to post, upload and/or display such Content on the Website; and (b) the posting, uploading and/or displaying of such Content on the Website and the grant of the licence to Boxwish will not infringe the intellectual property or proprietary rights of any third party. You may access and use the Services, and Content for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Content, or related products and services. You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, distribute, publish, transmit, broadcast, sell, licence, or otherwise exploit the Services, Content (other than your User Submissions). Boxwish and its licensors own all right, title, and interest, including all worldwide intellectual property rights in the Services, Content, and the trademarks, service marks, and logos contained therein other than your User Submissions.

If you upload, post or otherwise transmit any Content to the Website, you automatically: (a) grant other users of the Website and the Website Services the right to access the same and use it in accordance with these Terms of Service; and (b) grant Boxwish a non-exclusive, royalty free, sublicensable, perpetual, world-wide licence to use, modify, publish, publicly perform, publicly display and distribute such Content on and through the Website and the Website Services and in any other form or medium. You continue to own the Content after it is posted to the Website.

You acknowledge and agree that Boxwish may at its option, establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain on the Services, the maximum size of any files that may be stored on or uploaded to the Services, and the maximum disk space that will be allotted to you for the storage of User Submissions on the Services servers. Boxwish shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions.

Boxwish has no ability to control the User Submissions that are uploaded, posted, or otherwise transmitted using the Services and does not have any obligation to monitor such User Submissions for any purpose.

1.6 User Restrictions

You agree you will not do any of the following while using or accessing the Services: (a) Upload, email or otherwise transmit any User Submission which you know to be, or have reason to believe, is incorrect regarding the association between an item of popular culture (movies, music, television) and a product or Spot;

(b) Upload, email or otherwise transmit any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);

(c) Upload, email or otherwise transmit, via the Services, any User Submissions which is unlawful, harmful, threatening, abusive, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, hateful, defamatory, vulgar, obscene, invasive of another's privacy, solicits personal information from anyone under the age of 18 years, contains any illegal content or is otherwise objectionable in the opinion of Boxwish;

(d) Upload, email or otherwise transmit any User Submissions that contain software viruses or any other computer code, files or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (e) Use meta tags or other hidden text or metadata utilising the Boxwish name, trademark, URL, or product name;

(f) Upload, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes”, or any other form of solicitation; (g) Upload, email or otherwise transmit any User Submissions that include code hidden or otherwise surreptitiously contained within the images, audio, or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;

(h) Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Services, servers, or networks connected to the Services, or the technical delivery systems of Boxwish’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(i) Attempt to probe, scan, or test the vulnerability of any Boxwish system or network or breach or impair or circumvent any security or authentication measures protecting the Services; (j) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(k) Attempt to access, search, or meta-search the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Boxwish or other generally available third party web browsers (such as Safari, Mozilla Firefox, Opera, or Microsoft Internet Explorer), including without limitation any software that sends queries to the Services to determine how a website or web page ranks;

(l) Collect or store personal data about other users without their express permission; (m) Impersonate or misrepresent your affiliation with any person, entity, product or brand, through pretexting or some other form of social engineering, or otherwise commit fraud; (n) Violate any applicable law, regulation, or ordinance; or A Boxwish Ltd Document. Registered Company No. 6269252. Copyright 2008. Page 13 of 16. (o) Use the Services in any manner not permitted by this Agreement.

You agree to indemnify Boxwish in full on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Website or Services, and any use of the same under your account other than in accordance with the Terms of Service or Applicable Laws.

1.7 Information and Availability

Whilst we take every care to ensure that the information on this Website is accurate and complete, much of it is supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this Website is provided “as is” without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in the availability.

1.8 Trade Marks

The trademarks, service marks and logos (“Trade Marks”) contained on or in the Website are owned by Boxwish or respective third parties. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without prior written consent of Boxwish or the relevant third party.

1.9 Links to Other Sites

The Website may contain links to websites operated by third parties (“Third Party Websites”). Boxwish do not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites, their availability or contents. We cannot and do not accept any responsibility or liability for any losses you may suffer as a result of entering into any transaction with any third party.

1.10 Disclaimer/Liability

Use of the Website and/or the Website Service is at your own risk. The Website and the Website Service is provided on an “as is” basis. To the maximum extent permitted by law: (a) Boxwish disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the Website and/or the Website Service; and (b) All implied warranties, terms and conditions relating to the Website and/or the Website Service (whether implied or by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between Boxwish and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for the conduct of any user and/or Member of the Website and/or Website Service; any error, delay or failure in the transmission of any communication between users and/or Members; any technical failure of the Internet, the Website and/or Website Service; or any damage or injury to users or their equipment as a result of or relating to their use of the Website or the Website Service. Your statutory rights are not affected.

Boxwish will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Website and/or the Website Service, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or A Boxwish Ltd Document. Registered Company No. 6269252. Copyright 2008. Page 14 of 16. anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

If Boxwish is liable to you directly or indirectly in relation to the Website and/or Website Service, that liability (howsoever arising) shall be limited to: (a) fifty pounds sterling (£50.00); or (b) the sums paid by you upon registering an account with us; or (c) the sums paid by you upon receiving a Website Service, whichever is greater.

Nothing in these Terms shall be construed as excluding or limiting the liability of Boxwish for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English Law.

1.11 Advertisers and Affiliates

We accept no responsibility for adverts or affiliate links posted on the Website. If you agree to purchase goods and/or services from any third party who advertises on the Website, you do so at your own risk. The advertiser or affiliate, not Boxwish, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser or affiliate.

1.12 Online Competitions

If you take part in any competition which is run on or through the Website ("Competition"), you agree to be bound by the rules of that competition and any other rules specified by Boxwish from time to time ("Competition Rules") and by the decisions of Boxwish, which are final in all matters relating to the Competition. Boxwish reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

1.13 General

If any Term shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or un-enforceability of such Term shall not affect the other Terms and all Terms not affected by such invalidity or un-enforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable Term a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objective of the invalid or unenforceable Term.

No party's rights shall be prejudiced or restricted by any concession, indulgence or forbearance extended to others. No waiver by the parties of any breach of the Terms by a party shall operate as a waiver of any other or subsequent breach and the failure or delay of a party to enforce any Term shall not be deemed a waiver of such Term. Any variation of a Term shall be set out in writing and signed by or on behalf of all parties. Nothing in the Terms shall constitute or be deemed to constitute a partnership between any of the parties and none of them shall have any authority to bind the others in any way.

1.14 Communication

We welcome your ongoing feedback and communication. You agree, however that: (a) By submitting unsolicited ideas to Boxwish or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (b) Unsolicited ideas submitted to Boxwish or any of the Services or any of Boxwish’s employees or representatives automatically become the property of Boxwish.

You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to Boxwish together with all intellectual property rights therein.

If you have any questions about these Terms of Service, please contact us at hello@boxwish.com or by sending a written request to:

Boxwish Ltd.
3 Park Row
Farnham, Surrey
GU9 7JH

Get in touch!

For general contact:
hello@boxwish.com

For press and media enquiries:
press@boxwish.com

For partnership opportunities:
affiliates@boxwish.com

For customer support:
support@boxwish.com

For advertising opportunities:
advertise@boxwish.com

Boxwish Ltd
3 Park Row
Farnham, Surrey
GU9 7JH