Terms & Conditions
GiftGuidePortal.com has been designed to facilitate the discovery of curated gift guide content from brands, retailers and marketplaces. The Website has been created for journalists, bloggers and influencers to discover, search and download product imagery in one location and in a standardised way. Any other usage is strictly prohibited and will render you not only in breach of these terms and conditions of the Website but may also make you liable for breach of copyright and other associated intellectual property rights.
The following terms constitute a legal binding agreement between you and Christmas in July Ltd (the “Company”), the operator of the Website and apply to all access and interaction with the Website and associated digital properties (the “Services”). The Portal User Terms governs your use of the Site, both as a casual visitor and as a registered user. The Company is incorporated in England and Wales and a registered office at 4th Floor, 104 Oxford Street, London, W1D 1LP.
By registering on the Website and associated websites, you acknowledge that you have read these terms and conditions and accept them, and you may not access the websites or use any of the “Services” or features accessible through any of the websites unless you are governed by these terms and conditions of usage.
Intellectual Property Rights
The Website and Services are operated by Christmas in July Ltd. All of the content featured or displayed on the Website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, and any other materials that can be accessed using the Services is owned by the Company, its brand partners, licencees or its third-party partners ("Retail Brand Owners") who have placed product images or content onto the Website and related Services. All elements of the Website, including, but not limited to, the general design and the media materials, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
Except as explicitly permitted under this or another written license or agreement with the Company, no portion or element of the websites, excepting the Retail Brand Owners images, may be copied or retransmitted via any means and all related rights shall remain the exclusive property of the Company, its licensors or the Owners. This website, and the information it contains - excepting the Retail Brand Owners Intellectual Property - is the property of Christmas in July Ltd (trading as GiftGuidePortal.com) and its affiliates and licensors, and is protected from unauthorised copying and dissemination by the copyright laws of England and Wales, trademark law, international conventions and other intellectual property laws.
You acknowledge that the Intellectual Property Rights in all images, trademarks and brand and service names remain at all times the property of these Retail Brand Owners.
The Website is designed to create an efficient and curated way for journalists, bloggers and influencers (the “Media”) to search, discover and download content to support their editorial efforts.
It is your responsibility to ensure that all information (including your name) uploaded to the Website, is correct and accurate. Should your circumstances change, you agree to update the registration profile accordingly. Ensure that you check all information at the time of signing up for the Services.
We reserve the right to terminate or modify your usage of the Services if it is found that the information provided at registration is incorrect or if you are found to be using the Website for another purpose not outlined by the Company in line with editorial efforts. If there is any doubt, please contact firstname.lastname@example.org for permission to access and use the content. You should not digitally alter or otherwise change or amend the images (other than cropping and preparing for print/distribution), without permission of the Retail Brand Owner that the images belong to.
You will not use any of the images alongside any unacceptable content such as pornographic, racist or other potentially socially offensive material.
You agree to indemnify the Company and GiftGuidePortal.com against any loss, damage, costs or expense which the Company and/or GiftGuidePortal.com incurs, suffers or becomes liable for as a result of or in connection with any claim that any media such as text, images or logos used by you or given by you to third-parties infringes the Intellectual Property Rights or copyright of any third party.
Any use of the Websites or Services, or any of their functionality for a purpose not expressly permitted by these Terms is grounds for the immediate termination of your account. Without prejudice to this indemnity Christmas in July Ltd may exercise all rights and remedies available to it to seek redress under copyright law around the world in the event of a breach to our terms and conditions.
Access to our services is given purely at the discretion of the “The Company”. We may deny or block access, or terminate your account at any time without notice for any reason. Access is given using a short code, password and email combination at time of registration. The security of this personal ID is your responsibility. Any unauthorised use of your personal details must be reported to the Company at once. If you fail to report unauthorised usage, you will be held liable for all use of your personal ID.
You may link to our home page on the Website, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Portal User Terms and to take any action it deems appropriate.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission at any time.
Viruses, hacking and other offences
You must not misuse our Website or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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. We 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 our Website will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Portal User Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Portal User Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Portal User Terms 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.
This contract and any supplemental terms, policies, rules and guidelines posted on the Website and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Portal User Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Where we or the Retail Brand Owners are prevented from or delayed in carrying out obligations under these Portal User Terms due to circumstances beyond our or their control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Retail Brand Owner’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining images of adequate or suitable materials then either our or the Retail Brands Owner’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
Law and Jurisdiction
This Agreement and the Portal User Terms shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Website regarding any change of ownership so that you have the opportunity to discontinue your use of the Website or cancel your registration if you do not wish to continue to use the Website and Services under the new ownership. You may not assign this contract to any one else.