Terms of Use
Last updated: 22nd October 2018
1. Introduction
Welcome to the www.holdmylight.co.uk ("**Website**"), a website owned and operated by or on behalf of Philip Morris Limited (referred to as "we" or "us" in these Terms of Use).Who are we?
We are a member of the Philip Morris International group of companies. We have identified ourselves to you, and given our contact details, in the Website in connection with which you have been guided here.How do you accept these terms?
If you use the Website, you accept these terms of use (“**Terms**”). These are important provisions relating to your use of the Website: you should read them before using the Website as they are binding on you.Limits of liability:
By using the Website, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the Website at your own risk; we do not assume any liability, or make any warranties (express or implied) with respect to it or your use of it.Further terms:
If you wish to use certain sections of this Website or take advantage of any member programmes we offer to you through it, there may be other terms and notices you will need to be aware of. If this is the case, such terms and notices will be brought to your attention and in some situations you may be required to read and confirm your acceptance of any such items before continuing.Changes to these Terms:
We may amend these Terms from time to time. If we do, we may notify you of such changes the first time you log on to the Website following such changes. If you then continue to use the Website, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.2. Use of the Website
To create a Hold My Light account, you must be over the age of 18 and a current smoker. When you create an account, we ask you to provide us with some personal information to enable us to verify your eligibility to participate in Hold My Light and also to create your Hold My Light account. Typically, this may be name, age and e-mail address/telephone number. We will store and use the information you provide us with in accordance with our Privacy Policy and we will not share your personal information with any other third party without your consent. It’s important for you to provide us with accurate, complete and up-to-date information for your account. You also agree to the following: - Keep your account accurate, complete and up-to-date. - Do not disclose your account password to anyone. - You may not use anyone else’s password or account. - You’re responsible for all activities that occur under your account, whether or not you know about them. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others to do so, or distribute instructions, software or tools for that purpose, we will close your account. If anyone other than you uses your account, we may suspend or terminate your account (see the section entitled “Modification and suspension of the Website” below). You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security of which you become aware that involves your account or the Website.3. What you can share and do on the Website
We want genuine adult smokers and their supporters to use this Website. You therefore agree not to engage in the conduct described below (or to encourage others to do so). You may not use this Website to do or share anything: - That breaches these terms or any of our other Policies that apply to your use of this Website. - That is unlawful, misleading, discriminatory, offensive or fraudulent. - That infringes or breaches someone else’s rights. We can remove content that you share which is in breach of these Terms and we may also disable your account. Where appropriate, we may notify you if content you have uploaded or shared has been removed by us and state the reasons for this but we may not be able to provide notice in all cases. To help support Hold My Light, we encourage you to report content or conduct which you believe breaches your rights, these Terms or our other Policies that apply to this Website.4. Permissions you give to us
Permission to use content that you upload
When you upload any images that may be subject to copyright ownership, you confirm that you are the copyright owner or that you have the necessary permission from the copyright owner to use the images. You are free to share your Hold My Light content (apart from account access details) with anyone else and wherever you want. However, for the purposes of operating Hold My Light, we need you to give us some legal permissions to use this content. Specifically, when you upload content that is covered by any intellectual property rights (e.g. photos or videos), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to host, use, modify, run, copy or display the content. This means, for example, that if you upload a photo of yourself on Hold My Light, you give us permission to store, copy and modify it (if it is necessary for the functioning of your account). We will not share your photos with others such as service providers that support Hold My Light without your consent. You can end this licence at any time by deleting the content or your Hold My Light account.5. Modification and suspension of the Website
We reserve the right to modify, suspend, or terminate operation of or access to the Website, or any portion of it, at our discretion. For example, we may terminate operation of the Website for users if we have reason to believe that the Website is being used by someone who is not an Intended User. We may also update the Website and change the content at any time. Although we make reasonable efforts to update the information on the Website, note that any content on it may be out of date at any given time, and we are under no obligation to update it. We may also interrupt the regular operation of the Website, or any portion of it, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.6. Use of the Website Content
You acknowledge and agree that all intellectual property rights in all material or content supplied as part of the Website, including all copyright, trademarks and other intellectual property, remains at all times vested in Philip Morris Products S.A. You are allowed to use this material only if and as expressly authorised by Philip Morris Products S.A. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only. You may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You may not directly or indirectly copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of material and content supplied on the Website.7. Third Party Links
The Website may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that: - we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their content, advertising, products, or other materials, services or information on or available from them; and - if you access any such websites, you do so at your own risk. Note the paragraph on “Limitation of Liability” below. You may not frame, link or deep-link to the Website to any other website.8. Privacy and Cookies
To the extent that in the Website we collect any personal information about you, we will collect and process it in accordance with our Privacy Policy. Please read it to find out more about what personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them. This Website also uses cookies and similar technologies to collect certain visitor information automatically. To learn more about such technologies (including Google analytics cookies), how we use them, and how you can accept or refuse them, please see our Cookies Policy. You should review our Privacy Policy and Cookies Policy before using the Website and, like these Terms, we may change them at any time (when we do, we will notify you).9. Disclaimer
Although we do our best to provide an informative Website that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the Website is made available to you on an “as is” basis. Also:- it is your responsibility – not ours – to ensure that the Website is suitable for your intended purposes when you use it;
- we accept no liability to you in respect of the Website (subject to the paragraph on “Limitation of Liability” below); and
- we accept no liability as to the suitability or fitness of the Website in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including: