Privacy Policy and Terms and Conditions
No purchase necessary.
One entry per person, no bulk or third party entries.
Email entries for competitions can only be done on the online form on the competition homepage
Competitions are open to all UK residents (over the age of 18) except employees of designmynight, the companies or organisations with whom the competition or offer is being run, their agents or anyone directly connected with the promotion.
Prizes are as stated only and no cash alternatives will be given. However the promoter has the full and free right to alter arrangements or prizes should circumstances change.
The winning answers and the names of prize winners will be made available to those who send an SAE to WFL Media head office at Unit 23 Noko, W10 4AR. The decision will be final and no correspondence will be entered into. All entries and copyright in them automatically become the property of designmynight.
All entrants to competitions and offers are deemed to have accepted these rules and agreed to be bound by them and agree to co-operate in any publicity that may arise.
The closing date for receipt of entries is as stated for each individual competition online. The winner(s) will be drawn at random from all valid entries, and will be notified by telephone, email or post within two weeks of the closing date.
Privacy policy
designmynight ("DMN") promises to serve its audience with integrity and honesty. DMN has developed this privacy policy to demonstrate our firm commitment to privacy and to disclose our information-gathering and -sharing practices for www.designmynight.com. By visiting the site, you are accepting the practices described in this privacy policy. Our site will develop and evolve over time, and this policy may change to reflect that.
The DMN privacy promiseWe are absolutely committed to protecting your privacy. We are also committed to the following: (1) We will not pass on any individual user details unless we have your prior consent; and (2) if we don't have your consent to pass on individual user details, we will only give advertisers aggregate statistics about the number of users and their traffic patterns. However, if DMN changes hands, DMN reserves the right to transfer all information collected through this site to the new owner.
Personal informationDMN does not require you to provide any personal information in order to access the site www.designmynight.com. However, if you choose to fill out any reader surveys, or make a purchase you will be asked to supply some information about yourself, including your name, address, phone number and e-mail address. DMN keeps track of the number of visitors to the site, the pages they visit and how long they stay. In addition, DMN collects information from visitors who click on advertisements so that we are able to measure interest in the various areas of our site and inform advertisers as to how many visitors have seen or clicked on their ads. DMN also uses demographic and preference information to allow advertising banners on our site to be targeted, in the aggregate, to the readers for whom they are most pertinent. We collect these kinds of aggregate user information for two main reasons: (1) to help us continually improve the service we offer; and (2) to sell sponsorships on the site to appropriate advertisers. DMN discloses this information to advertisers. Note that advertisers do not have influence over the editorial content or reviews that appear on the site.
Cookies and designmynightwww.designmynight.com uses cookies to track your usage on our site. This ensures that you are a subscriber, and allows you to roam freely within our subscriber-based site without typing in a password to access each page. We do not track any of your activity as it relates to your individual movements throughout our site, only as an aggregate of data in conjunction with users to our site as a whole. Your movement is not tracked once you leave our site.
Our Web site uses ad servers to serve the advertisements that you see on pages of our Web site. That partner uses cookies to help target ads to you.
DMN e-mail policyWhen you give us your e-mail address, you are also asked to let us know how we can use it: You can opt to allow us to e-mail you regarding your subscription, or to allow us to send you additional information via e-mail that we believe will be of interest to you. Such requests will be opt-in only, so that you do not inadvertently agree to receive mailings you do not want. If we ever request that you volunteer additional information, such as financial data or age (in an online survey, for example) your response will always be voluntary. In addition, there will always be a box for you to check if you choose to enable us to disclose such information to a third party. Users may opt to receive a regular e-mail newsletter that contains information we believe to be of value to our users, specifically special discounts and offers selected by our marketing department.
Third-party disclosure of personal information1. Links to other sites: Our site contains links to other sites that are not under our control, even though some of them may feature the DMN logo through a marketing agreement with us. DMN cannot be held responsible for the privacy policies of other companies. We recommend that you review the privacy policy of any site you visit on the Internet. DMN may receive a commission from 2. On occasion, DMN sponsors special promotions, sweepstakes and contests that are hosted by partner websites, which may require that your browser accept cookies. 3. Required disclosures: DMN cooperates with all law-enforcement inquiries and reserves the right to disclose personally identifying or aggregate information in connection with a subpoena or other court-sanctioned demand for such information.
SecurityDMN has invested, and will continue to invest, in the best-quality security available to guard access to information, data quality, and physical security of servers where information is stored. Our site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Despite these efforts, we can't guarantee that a hacker will not obtain access to communications between you and the site. Accessing your personal information If you wish to review any personal information that DMN maintains about you, please mail your request and a self-addressed, stamped envelope to: Privacy Request, WFL Media, Unit 23 Noko, London W10 4AR.
Collection of personal data from childrenOur site is not directed to users under the age of 18. DMN will not knowingly collect information from individuals under the age of 18 or provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatsoever. No information collected through the site from users self-identified as children will knowingly be used for any marketing or promotional purposes whatsoever, either inside or outside DMN.
DMN's right to change privacy policy and no impediment on transfer of assetsThis policy is effective as of 1st June 2010. DMN may change this policy at any time. You should periodically revisit our privacy policy to be sure that you are familiar with our current policy. Your use of the site following any modifications to the privacy policy will be conclusively deemed acceptance of the terms of this privacy policy and any changes to the policy. Nothing in this privacy policy is meant to impede DMN's right or ability to transfer, sell or otherwise dispose of any of its assets.
Terms and Conditions
1. INTRODUCTION
1.1 Please note to use the Service Users must Accept these Terms which should be read carefully prior to using the Service. These Terms represent a binding contract between DesignMyNight and the User. If the User does not wish to be bound by these Terms the User should not Accept these Terms.
2. DEFINITIONS
2.1 In this Agreement the following terms shall unless the context otherwise requires have (whether with or without the definite article) the following meanings:
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"Accept" |
means either: |
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"Content" |
means information, software, photographs, video, graphics, music, sound and other material that appears on the Website or are made available through the Service; |
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"Service" |
means the entertainment,advertisements, Ticket sales and information provided by DesignMyNight by means of the Website and/or SMS; |
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"Intellectual Property Rights" |
means throughout the world all copyrights, database rights, trade marks, trade names, patents and other intellectual property or industrial property rights created, developed and subsisting; |
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"Page" |
means a page of the Website; |
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"PDPs" |
means potentially destructive contaminating or harmful programs or components such as, but not limited to, worms, trojan horses and viruses; |
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"Server" |
means the server used by DesignMyNight to host the Website; |
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"ticket" |
means a ticket purchased via the website to allow the user entry into a specified event; |
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"these Terms" |
means the terms and conditions of this Agreement; |
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"User" |
means the individual, business (including any sole trader, partnership, limited company or other organisation or person) that has registered (either itself or by means of a duly authorised officer, agent or other representative) with DesignMyNight by means of the registration screen on the Website or that uses the Service; |
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"User's Equipment" |
means the User's own computer equipment, telecommunications dial-up connection, software, any telecommunication services and communications lines (including any public lines) required by the User properly to access and use the Service; |
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"Website" |
means the website with URL http://www.designnmynight.com or such other URL or URLs as DesigMyNight may in its sole discretion from time to time decide by means of which DesignMyNight may provide the Service; and |
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"DesignMyNight" |
means WFL Media Limited, a company registered in the UK with company number 07076964 and whose registered office is at Unit 23 Noko, 3-6 Bannister Road, LONDON, W10 4AR |
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"Venue" |
Person(s) signing up to DesignMyNight in order to use extended features to advertise a specific venue. |
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“Promoter” |
Person(s) signing up to DesignMyNight in order to use extended features to advertise a specific event |
2.2. Reference to any statute or statutory provision includes a reference to: that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated; and all statutory instruments or orders made pursuant to it.
Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender shall denote all genders and words denoting persons shall include firms and corporations and vice versa. Unless the context otherwise requires reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to this Agreement. The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
3. COMMENCEMENT OF AGREEMENT
3.1 This Agreement shall be effective from the time that the User first Accepts these Terms and shall remain in force until or unless terminated under these Terms.
4. TERMS APPLICABLE
4.1. In consideration for DesignMyNight providing all or part of the Service the User agrees to be bound by these Terms.
4.2. DesignMyNight may vary these Terms at any time. Such variations shall become effective immediately upon the posting of the modified Terms on the Website or notification to the User. By continuing to use the Service following any such variation the User shall be deemed to accept such variation.
5a. USE OF THE SERVICE BY THE USER
5a.1. The User shall be responsible for obtaining and maintaining the User's Equipment. DesignMyNight has no responsibility or liability with respect to the User's Equipment.
5a.2. The User shall ensure at all times that its use of any part of the Service, including connection of the User's Equipment to the Server, is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.
5a.3. The Service shall only be used by the User or a duly authorised officer, agent or other representative of the User. The User may not sell on or sublet either the whole or part of the Service.
5a.4. The User shall not permit anyone else to copy, store, modify, transmit, distribute, broadcast any part of the Content except where it is necessary to do so to enable the User to receive the Service in accordance with these Terms.
5a.5. DesignMyNight at its sole discretion reserves the right to refuse to accept a User's registration; or limit a User's access to the whole or any part of the Service.
6a. NORMAL PAY TICKET SALES
6a.1. Tickets sold through DesignMyNight normal pay method, are tickets sold for events advertised by promoters, where transactions are processed through DesignMyNight’s own online merchant and bank account. Transactions of this nature adhere to the terms of clauses 6a
6a.2. All tickets sold on the Website are at the point of sale owned by DesignMyNight.
6a.3. The User may apply for a refund prior to the event in question provided that tickets for the event remain on sale. Acceptance of refunds are determined by the event's refund policy and it is the customer's responsibity to check this policy with the promoter prior to purchasing the ticket.
6a.4. DesignMyNight will process the refund due to the User in accordance with clause 6a.3 as soon as possible and, in any case, within 30 days of the day the refund is accepted by the venue.
6a.5. Should an event be cancelled the Promoter of the event will inform the User prior to such cancellation and will refund to the User the ticket price minus the transaction fee.
6a.6. Designmynight bares no responsibility, legal or financial, for damages, injury or financial loss incurred by the user from attending the venue/event organised by the promoter listed on the normal pay tickets purchased by the user on DesignMynight website.
6b. DIRECT PAY TICKET SALES
6b.1. tickets sold through DesignMyNight direct pay method, are tickets sold for events advertised by promoters, where transactions are processed through the promoter's merchant account, not DesignMyNight. Transactions of this nature adhere to the terms of clauses 6b.
6b.2. The promoter of the event is responsible for setting his/her own terms and conditions, including cancellation and refund policy.
6b.3. It is the responsibility of the ticket buyer to check these terms with the promoter before the purchase of any tickets.
6b.4. DesignMyNight will forward on any requests to the promoter concerned, but is in no way responsible for tickets sold through the direct pay method and has no authority to issue refunds without the promoter's consent.
7. INTELLECTUAL PROPERTY
7.1. All rights in the design, text, graphics, music, photographs, sound, video and other material on the Website and the selection or arrangement thereof are the copyright of DesignMyNight or other third parties.
7.2. The Service is provided by DesignMyNight subject to the condition that there will be no abuse or fraudulent use thereof. Abuse and fraudulent use of the Service shall include (without limitation):
7.2.1. obtaining or attempting to obtain, the Service by re-arranging, tampering with, or making connecting with any facilities of DesignMyNight, or by any trick, scheme, false representation or by or through any other fraudulent means or devices whatsoever in whole or in part;
7.2.2. attempting to, or actually obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of DesignMyNight or of another user of the Service;
7.2.3. assisting another to perform the acts prohibited in 7.2.1 and 7.2.2 above;
7.2.4. using the Service in such a manner as to interfere unreasonably with the use of the Service by any other User or authorised person; and
7.2.5. use of the Service by any person unless they are a duly authorised officer, agent or other representative of the User.
7.3. The User must not modify the paper or digital copies of any materials they have printed off or downloaded from the Website in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4. The User must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from DesignMyNight.
7.5. If the User prints off, copies or downloads any part of the Website in breach of these Terms, the User's right to use will cease immediately and the User must, at DesignMyNight's option, return or destroy any copies of the materials they have made.
7.6. DesignMyNight has used its reasonable endeavours to ensure that the Website is secure. However, DesignMyNight does not warrant or represent that either this is the case or that the internet (which by its very nature is insecure) is secure.
8. USERS WARRANTIES AND REPRESENTATIONS
8.1. The User represents and warrants to DesignMyNight that its use of the Service shall:
8.1.1. not be in breach of any contractual, statutory (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes) or common law rights of any third party;
8.1.2. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by DesignMyNight at its sole discretion; and
9.1.3. not cause any PDPs to be transmitted to the Server.
8.2. The User represents and warrants that all the information that it supplies to DesignMyNight shall be accurate, complete and true in all respects and the User agrees that it shall notify DesignMyNight immediately of any changes to such information or if such information becomes out of date.
9. DATA PROTECTION
9.1. When the User registers with DesignMyNight to use the Service the User provides information by means of registration screens on the Website and as the User uses the Service DesignMyNight shall collect further information ('Information') from the User.
9.2. DesignMyNight's use of Information is set out in the Privacy Policy
9.3. By providing DesignMyNight with the Information and by Accepting these Terms the User specifically consents to the activities stipulated in this clause 9 and terms and conditions of the Privacy Policy.
10. EXCLUSION OF WARRANTIES / LIMITATION OF LIABILITY
10.1. Where the User accesses the Service by means of the internet, DesignMyNight will use its reasonable endeavours to ensure that the Service is accessible at all times via the internet but DesignMyNight does not warrant or represent that it can do so since neither DesignMyNight nor any other party has any control over the internet, which is a global decentralised network of computer systems. The Service will not be continually free from error or interruption and may be variable.
10.2. The Service is provided "as is" without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of Intellectual Property Rights.
10.3. Neither DesignMyNight nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Service. This is a comprehensive limitation of liability that applies to damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, and whether arising from negligence, breach of contract, statutory duty or otherwise.
10.4. The User acknowledges that any data transmitted to DesignMyNight or the Server electronically via the internet, an intranet or another private network including without limit the Website may be intercepted by third parties and unlawfully exploited. The User accordingly accepts that DesignMyNight has no responsibility in respect of the acts of the said third parties.
10.5. In the event that DesignMyNight incurs any liability whatsoever to the User such liability shall in all cases be limited to the amount equivalent to the usage fee paid for the Service. over a twelve month period.
10.6. DesignMyNight is not responsible in contract or in tort for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the User by any person through accident or by fraudulent means or devices, even if such access occurs as a result of DesignMyNight's own negligence.
10.7. Notwithstanding the foregoing, none of the exclusions or limitation in this clause 10 are intended to limit any rights the User may have as a consumer under local law or statutory rights which may not be excluded nor in any way to exclude or limit DesignMyNight's liability to the User for death or personal injury resulting from DesignMyNight's negligence or that of DesignMyNight's employees or agents.
11. INDEMNITIES
11.1. The User undertakes fully and effectively to indemnify and keep indemnified at all times DesignMyNight against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, suffered, incurred or paid by DesignMyNight directly or indirectly in respect of:
11.1.1. access to and/or use of the Service by the User;
11.1.2. (without prejudice to clause 8.2) any information, data or material produced, transmitted or downloaded by the User;
11.1.3. any breach by the User of any of the Terms of any law, code or regulation relating thereto, to the internet or the User.
12. FORCE MAJEURE
12.1. DesignMyNight shall not be responsible for any delay in, or failure of, the Service or the internet due to any occurrence commonly known as force majeure, including war, riots, embargoes, terrorism, strikes, or other concerted acts of workmen (whether of DesignMyNight or others) casualties or accidents, or any other causes, circumstances, or contingencies beyond DesignMyNight's control, which prevent or hinder the performance of DesignMyNight of any of its obligations hereunder.
13. TERMINATION
13.1. Either party may terminate this Agreement immediately by notifying the other that this Agreement is terminated.
14. WAIVER
14.1. Failure or neglect by DesignMyNight to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of DesignMyNight's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice DesignMyNight's rights to take subsequent action.
15. ASSIGNMENT
15.1. Neither this Agreement nor the benefit of the Service may be assigned or transferred by the User whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of DesignMyNight, and DesignMyNight reserves the right to charge for any time or costs incurred by its staff in so doing. No such assignment by the User howsoever occurring shall relieve the User of its obligations hereunder.
15.2. DesignMyNight is fully entitled to assign or transfer this Agreement or the benefit of the Service at any time.
16. NOTICES
16.1. Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, or sent by registered mail or air mail as appropriate, properly posted and fully prepaid in an envelope properly addressed to DesignMyNight as follows:
All notices shall be sent to DesignMyNight at DesignMyNight's address:
WFL Media Ltd
Unit 23, 3-6 Bannister Road
London
W10 4AR
or to such other address as may from time be designated by notice set out on the Website or otherwise notified to the User. DesignMyNight may at its sole discretion notify Users of any matter by displaying a message on the Website.
Any such notice shall be in the English language and shall be considered to be received within six working days after it was sent in the manner hereinbefore provided.
17. INVALIDITY
17.1. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
17.1.1. The legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or;
17.1.2. The legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
18. AGREEMENT
18.1. This Agreement supersedes any arrangements, understanding, promises or agreements made or existing between the parties hereto prior to this Agreement in respect of the Service and constitutes the entire understanding between the parties hereto regarding the same. Except as otherwise provided herein, no addition, amendment to or modification of this Agreement shall be effective unless it is in writing and signed by and on behalf of both parties.
19. LAW
19.1. This Agreement shall be governed and construed in accordance with English Law and parties hereby submit themselves to the exclusive jurisdiction of the English Courts in respect of any claim (including non-contractual disputes or claims).
20. THIRD PARTIES
20.1. Nothing in this Agreement confers or purports to confer on any third party any benefit of any right to enforce any of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
Contact us
You can contact DMN regarding this policy by mail, at
WFL Media, Unit 23 Noko, London W10 4AR: Attention Privacy Policy.
