General Terms and Conditions

1. Agreement

   1. This document, together with the provisions of our [Privacy Policy [link], contains the terms and conditions agreed (this “Agreement”) between you (or the company you represent) (“you”) and Miomi Limited ("we", "us" etc.) for the access to or use of the services (the "Services") currently provided through the website Miomi.com and any of its subdomains and sub-pages (the "Website"). Miomi Limited is a company registered in England with company number 06032407 and its registered address at 95, The Promenade, Cheltenham, Gloucestershire GL50 1WG. Our general email address is canwehelp@miomi.com. By accessing or using the Website and/or Services you are indicating that you agree to the terms and conditions set out below and in the [Privacy Policy [link]. If you do not agree, then please do not use the Website or any of our Services. The Services are intended for people that are 13 and over – please do not use any of our Services if you are not 13.
   2. We may amend this Agreement by posting a new version on the Website and/or notifying you in some other way. If you do not agree with any amendment, or if you wish to stop using the Services at any time, you can cancel this Agreement by telling us, or by simply ceasing to use the Website and the Services
   3. We can suspend your use of any Service and/or cancel this Agreement at any time and for any reason, including without limitation if you do not comply with any of its provisions, if we are required to do so for legal reasons, or if we close down the Website and/or the Services.

2. The Services

   1. The Services covered by this Agreement are those made available by us from time to time through the Website and/or another website that we may decide to use.
   2. The main purpose of the Services is to enable you to view, search, edit and post information and resources linked to particular moments in time, whether historical or personal. You must only do these things in accordance with the law and this Agreement.
   3. The only acceptable Content formats are standard text and media files. We may refuse to allow you to post (or delete) other types. No executable files or files that risk damaging or changing other content on the Website can be posted without our permission. There is currently no maximum file size, although we may transform files that you post into a more manageable size, or in future introduce a file size limit.

3. Posting and Editing Content

   1. In order to post or edit content on the Website you will need to register as a “Member”. You must give us your the correct details we ask for when you register (, including e.g., your name and email address). If these change at any time, you must let as know as soon as possible. We will enable you to set a password, which is personal to you and must not be shared.
   2. If you are a registered Member we will allow you (in fact we encourage you) to post text, pictures or videos and sounds ("Content") onto the Website, as long as it is relevant to the particular Moment that you chose to link it to and it complies with the rest of this Agreement.
   3. The only acceptable Content formats are standard text and media files: html, doc, txt, pdf, gif, jpg, mp3, wma. etc. We may refuse to allow you to post (or delete) other types. No executable files or files that risk damaging or changing other content on the Website can be posted without our permission. There is currently no maximum file size, although we may transform files that you post into a more manageable size, or in future introduce a file size limit.

   4. You must not post and we may remove any Content that:

      • is illegal (e.g., child pornography, incitations to violence or racism);
      • you do not have the right to post (e.g., most software, pictures and music not originally created by you);
      • is libellous or slanderous; abusive, threatening, misleading or obscene;
      • contains nudity or other adult content;
      • Is part of or contributes to the harassment or stalking of someone;
      • you know or should know is fraudulent, inaccurate, or likely to offend others;
      • advertises or promotes goods or services or any political or charitable organisation;
      • contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
      • exploits children
      • attempts to collect other people’s personal information including passwords;
      • links to adult, warez, illegal download, filesharing or pyramid scheme websites, or;
      • is against any of our policies that we may decide to implement from time to time;
   5. If Content you want to post includes photos, names or voices of, information about, or copies of things that were produced by other people, by posting it you guarantee that you are entitled to do so. Usually this means that you have got permission for this from them or someone representing them. There may be other legal reasons, but these depend on many factors and we can’t advise you on those: it is always up to you to make sure you are not breaching someone else’s rights before posting any Content.
   6. By posting Content you grant us what a lawyer would call a non-exclusive, worldwide, royalty-free, transferable licence to use it as set out in this Agreement. This means that you are giving us permission to reproduce, use, publish, distribute and communicate it to the public including as part of and/or to publicise the Website or the Services in any part of the world, in any format, media or version, including the rights to modify, adapt or translate it, create new works from it and to grant similar rights to our partners and affiliates. This does not prevent you from reusing that same Content anywhere in any way. Other than the opportunity of using our Services, you won’t receive any compensation or payment for our use of your Content.
   7. We have the right (but not the obligation) to review, refuse to publish, remove or edit any Content posted on the Website, without any notice to you, at our discretion for any reason but in particular if it contravenes any law or any of the rules set out in this Agreement. However, you are the only person responsible for the Content and we don’t accept responsibility for monitoring it - you post it at your own risk.
   8. We understand that some historical events and figures can have different interpretations and can generate strong feelings. As long as all the postings are legal and comply with this Agreement, our attitude is generally to allow all sorts of different opinions to be posted on the Website in connection with these issues and let people make up their own minds. Therefore, we expect you to be sensitive to other people’s feelings when posting Content that could be controversial but also to be tolerant of other Members’ postings even if you don’t agree with their Content or interpretations. In cases of serious disagreement, you can report this to us by sending an email to headmaster@miomi.com and we will decide at our discretion what action if any to take, and our decision will be final and not subject to any appeal.
   9. You agree that the rights you grant to us over the Content are irrevocable and will continue even if you cease to be a Member or this Agreement is terminated, although if you want to delete Content you can ask us to do this and we will consider your request and decide whether to delete it or not. You agree to waive your right to be identified as the author of such Content and your right to object to derogatory treatment of such Content. You agree to execute any deeds or documents and do anything else that may be necessary to give effect to the rights granted by you to us.
   10. Remember that the Content you post may be visible outside of Miomi.com, and in particular by our partners with whom we interchange Content and by internet search engines. You should keep copies of all your Content, as we will not be responsible for any loss or damage to it arising for any reason (including if we use our rights to edit or delete it).

4. Viewing and Searching Content

   1. Viewing and searching the Website using an internet browser is free and open to any internet user who accepts this Agreement. The Website is provided “as is”. Content may come from a variety of sources including content partners that we work with from time to time and other Members, and is not endorsed or even necessarily reviewed by us, so we can’t be held responsible for it in any way, even if it includes incorrect, illegal, offensive or stolen materials, or harmful items such as viruses. Even though we don’t allow this, some Members could post Content of this type and you accept that you won’t try to hold us responsible for this and you are happy to take this risk. Also, we won’t be liable if you decide to rely on any Content for your business or job, or for any other purpose.

   2. If the Website, any Content or an advert contains links to other websites, remember that we have no control over these websites and can’t be held responsible for their content, any goods or services that you might buy from them nor the way they may use any personal data that you decide to give them.
   3. You mustn’t use any external automatic system to search through the Content, only the search engines we provide on the Website. This does not apply if you are a provider of a publicly available internet search engine, in which case you may use your automatic systems to index the Content (but not to download or store it).
   4. You may use links to any of the Content or any page of the Website (e.g., on other websites or in emails) but you must not extract or frame any of the Content or any page of the Website so that others could get the idea that it belongs to you.

5. Contacts with other users

   We may provide systems for making contact with other Website users (who may or may not be Members) through the Services or the Website. If we do so, then when using these systems you must:

   1. not pretend to be another person;
   2. be cautious when contacting or responding to contacts from other users, particularly when asked to give any real personal details, as no-one can be sure of their real identity;
   3. not give out your password or any other valuable information;
   4. not use the systems to send messages that do not comply with any of the Content rules under section 3 above, or to send spam, chain letters or any mass mailing of any kind, whether automatically or otherwise.

6. Trademarks and other property rights

   1. Miomi and all other names and logos used by us on the Website are our trademarks. Parts of the Website or the Services may be patented by us. The arrangement, format and coding of the Website and any Content we place on it are all our copyright. Except for the types of use specifically permitted by this Agreement, you need to get our permission in writing before copying or using any of these things outside the Services.

7. Liability

   1. You agree that your use of our Services is solely at your own risk. We don’t guarantee that the Services or the Website will be of a particular quality, will produce any particular result, meet your requirements, be uninterrupted, timely, secure, or error free or that any Content will be legal, accurate, reliable and uncorrupted. You should be prepared to use other resources and do your own additional research
   2. If you download and/or store any Content or material from the Website then you do this at your own risk and we will not be responsible for any damage to any computer hardware, software, data or other content.
   3. In any case, we can’t be held responsible for any loss or damage to anyone arising out of the use of or inability to use the Services or the Website.
   4. In particular we will not be responsible for any indirect losses including consequential losses and losses of profit, contract, anticipated savings, data, Content, goodwill or reputation.
   5. This does not apply where we commit a fraud or negligently cause death or personal injury to someone.
   6. You agree to meet all claims against us and all our losses, damages, costs and expenses (including those of our officers, shareholders, employees and contractors) arising from your use of the Services and the Website and any breach by you of the provisions of this Agreement. This includes any fees or royalties that anyone has to pay because you posted someone else’s Content.
   7. If you believe that any Content within the Website or any message from any Website user contains illegal material or a defamatory statement or otherwise contravenes the provisions of this Agreement, please notify us by emailing us at referee@miomi.com. If you do this, our only obligation is to use reasonable endeavours to investigate and if appropriate remove the Content complained about within a reasonable time

8. General Terms

   1. We will not be held responsible for any delay or failure to comply with our obligations under this Agreement if the delay or failure is due to something beyond our reasonable control.
   2. If you breach these conditions and we do not take any action against you, this does not prevent us from taking action later on in respect of that or any other breach.
   3. If a court decides that any provision of this Agreement is not valid or enforceable, this will not affect any of the remaining provisions.
   4. No third parties (other than you and we) are entitled to enforce or derive any benefit from any provision of this Agreement.
   5. This Agreement is governed by and interpreted in accordance with English law. You and we agree to the exclusive jurisdiction of the English Courts (except in relation to our copyright or other property rights which we may enforce in any court which is appropriate). As a consumer you may have other rights which are not affected by this, and which we will of course respect.

Competition Terms and Conditions

1. General

   1. These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to competitions included on the www.miomi.com website ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
   2. The Competition is organised by Miomi Limited of Bedford Chambers, Covent Garden Piazza, London WC2 ("Miomi").
   3. Rules specific to each Competition are displayed in a notice included on the www.miomi.com web page posting for such Competition (the "Competition Notice") and are incorporated herein. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
   4. Miomi reserves the right to cancel or amend the Competition, the Competition Notice or these Rules at any time without prior notice. Any changes will be posted either within the Competition Notice or these Rules. A copy of the Rules may also be obtained by sending a stamped addressed envelope to: Competition Rules, Miomi Limited of Bedford Chambers, Covent Garden Piazza, London WC2.
   5. In the event of any dispute regarding the Rules, Competition Notice, conduct, results and all other matters relating to a Competition, the decision of Miomi shall be final and no correspondence or discussion shall be entered into.

2. Qualifying Entrants

   1. To qualify to enter the Competition you must be resident in the United Kingdom.
   2. Employees of Miomi or any company involved in the Competition or any advertising agency or web company connected with Miomi or any such person's subsidiary or associated companies, agents or members of their families or households are not eligible to enter the Competition. Miomi reserves the right to verify the eligibility of all entrants.
   3. Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver's licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.
   4. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
   5. Miomi assumes that by using its site and entering the Competition (and you warrant that) either you have legal capacity to enter the Competition and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these Rules.
   6. Miomi reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.
   7. In the event that any entrant is disqualified from the Competition, Miomi in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

3. Competition Entries.

   1. Only one entry per person per Competition is allowed.
   2. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry
   3. There is no purchase requirement to enter a Competition and there is no charge to register for use of the www.Miomi.com website.
   4. Proof of posting cannot be accepted as proof of delivery. Miomi cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
   5. Entrants should note that unless stated otherwise, Miomi does not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material.
   6. All entrants aged 16 and under at the date that a Competition closes must provide a consent form signed by a parent/guardian if they win the competition.

4. Prizes.

   1. Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. Tie-breakers will be judged by Miomi and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and Miomi shall be final and no correspondence or discussion shall be entered into.
   2. Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)' names may be published on the www.Miomi.com website or you can write to Competition Prize Winners, Miomi, Bedford Chambers, Covent Garden Piazza, London WC2 naming the specific competition including a self-addressed stamped envelope for a list of winners.
   3. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
   4. Prizes are non-transferable and there is no cash alternative. Miomi reserves the right to substitute prizes of equal or greater value at any time.
   5. Prizes are awarded at Miomi's discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
   6. Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. Miomi reserves the right to request written proof of age of any winner.
   7. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.

5. Intellectual Property Rights.

   1. In consideration of Miomi agreeing to consider entrants to the Competition, each entrant hereby assigns to Miomi the complete copyright and all other rights in any entry, which shall be for the full period of copyright. Miomi shall be free to assign such rights to third parties.
   2. Furthermore, any information submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Miomi reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

6. Liability.

   1. Miomi cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. Miomi is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude Miomi's liability for death or personal injury as a result of its negligence.

7. Data Protection and Publicity.

   1. Winners may be requested to take part in promotional activity and Miomi reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
   2. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual's prior consent.

8. Jurisdiction.

   1. The Competition and the terms and conditions of this agreement will be governed by English law.

9. How to contact us.

   1. You can contact us in relation to any competition by writing to Competitions, Miomi Limited of Bedford Chambers, Covent Garden Piazza, London WC2 or by email at competitions@miomi.com