Access to our Site is permitted on a discretionary basis, and we reserve the right to withdraw or amend the functionality we provide on our Site without notice (see below). We may also restrict access to some parts of our Site, or our entire Site from time to time. We will not be liable if, for any reason, our Site or any of its functionality is unavailable at any time or for any period.
Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
If your image is selected for the Primania gallery, you will receive an Instagram comment from @primark (Instagram) (or in certain circumstances, a direct message), requesting permission from you to use your image in our gallery, in our social media postings, on our Site, in our stores and in our marketing communications. Please be aware that everyone in the image must have provided permission for the image to be posted in the Primania gallery, which includes parental permission where necessary.
We use a service called Social Native to review images for inclusion in the Primania gallery. We will process the personal data in your image in accordance with our Privacy Notice.
You confirm by uploading an image using the #Primania and/or #Primark hashtags, subject to our Privacy Notice, that you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use the image (and any part of it including any intellectual property rights relating to the image). This includes (but is not restricted to) giving us the right to use, copy, distribute, modify, edit and/or publish the image (in whole or part). We can, throughout the world, publish the image on other pages of the Site, other websites (such as our social media pages) or in our stores, and we can incorporate the image in other forms of media or technology. We may also use the image in our marketing communications. We may disclose the image to third parties located within or outside of the European Economic Area for any purpose connected with the operation of our Site or our businesses. We also have the right to disclose your identity to any third party who is claiming that any image posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy, or any other rights or law.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via our Contact Us page.
You may use our Site only for lawful purposes. You may not use our Site:
We currently provide an interactive service which allows sharing and commenting on user content.
We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use our interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
We do not store terrorist content.
We are the owner or the licensee of all intellectual property rights in our Site including but not limited to the software and/or the material published on it. Those works are protected by intellectual property rights, copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference.
You must not modify, amend, distribute or copy (including making digital copies of) any materials you have printed off or downloaded from our Site. You must not use any illustrations, photographs, video, audio sequences, graphics, names or trade marks separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged (except where the content is user-generated). You must not use or access any part of the materials on our Site for commercial purposes without obtaining a prior written licence to do so from us or our licensors.
Primark is a registered trade mark of Primark Holdings. You are not permitted to use this trade mark or any of our other trade marks or any trade marks of third parties displayed on our Site without our prior written approval, unless they are part of any material you are using as permitted above.
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
The material displayed on our Site is provided without any promises, representations or warranties as to its accuracy.
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user, without affecting the prohibitions on such use above, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, as applicable.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to our Site and/or any material displayed on our Site, including, without limitation any liability for:
loss of income or revenue;
loss of business opportunity;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill or reputation; and/or
any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
If you are a consumer, please be aware that we only provide our Site to you for domestic and private use. By accessing our Site, you agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
We do not promise that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly 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 Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We may report any such breach to law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not 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 our Site or to your downloading of any material posted on it, or on any website linked to it.
You may link to our home page, 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.
If you wish to link to or make any use of material on our Site other than that set out above, please address your request to us here.
We may assign or otherwise transfer our rights and/or obligations (or any part of them) under these terms to any third party from time to time. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
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