Members
Terms of Use
Welcome
to Lovenotedating, the service for adults to meet each other
online (the "Service"). Please read these terms and conditions
carefully to be sure that you understand them. Once you have
completed your online registration procedure, your membership
has been activated and you have entered into a legally binding
contract for the provision of this Service.
The Member Agreement below is effective for all members
Last Updated on July 28, 2009
1. Application
of these Terms
These terms and
conditions ("Terms") apply to all and any use of
Silver Lovenotes ("the Site"), the purchase of any
products or services and all and any postings, emails, messages
and other communications made to or using the Site.
The Site is operated
by Global Personals Limited, a company registered under the
laws of England, whose registered office is 1 High Street,
Windsor, Berkshire, SL4 1LD ("us", "we",
"Global Personals") to deliver a service for adultsto
meet each other and communicate online ("the Service").
Once you have completed
your online registration procedure, your membership has been
activatedand you have entered into a legally binding contract
for the provision of this Service.
2. Eligibility
You must be eighteen
(18) or over to register as a member of the Service or use
the Site. Membershipin the Service is invalid where prohibited.
By using the Site, you represent and warrant that you have
the right, authority and capacity to enter into an agreement
on these Terms and to abide by these Terms.
The Service is
for the personal use of individual members only and may not
be used in connection with any commercial endeavors. Organizations,
companies, and/or businesses may not become members and should
not use the Service for any purpose. Your registration for
use of the Service is personal to you and you cannot transfer
or sub-licence the right to use the Service without our prior
written permission.
3. Registration
and Subscription
Although you may
register as of member of the Service for free, if you wish
to communicate with other members and use certain other parts
of the Service, you must become a subscriber and pay the fees
that are set out in the price list located within the Site.
This price list is part of your contract with us. We can change
the subscription fees for the Service at any time but we will
give you reasonable notice of this before we do so.
The value of any
special offer or promotion will be deducted from the cost
of membership for the first payment only and any future automatic
payments will be performed at the standard rate. The payment
will show as "Global Personals" on your credit card.
For your convenience,
we will automatically renew your subscription when your current
term comes to an end.
You agree to keep
your username and password ("Login") confidential
at all times, shall take reasonable steps to prevent others
from obtaining your Login and shall inform us if at any point
you consider that your Login has been compromised and/or is
being misused by someone else and shall take such action as
is required and/or is requested by us to prevent such misuse.
You are responsible
for all fees relating to activities conducted using your Login
up till the time that you notify us of unauthorised use of
your Login.
4. Term and Termination
These Terms will
remain in full force and effect while you are a member of
the Service. Under the United Kingdom Consumer Protection
(Distance Selling) Regulations 2000, you can postpone commencement
of the Service or access to the full subscription Service
until the seven working day cooling-off period has expired
and may terminate your contract with us at any point in that
7 day cooling off period by sending an email with "Cancel
contract"in the title to support@globalpersonals.co.uk,
quoting the membership number given in your sign-up confirmation
email. However, if you choose to become a member and enter
the Web site, you are electing to commence the Service immediately
and you thereby waive any right to cancel the Service under
these regulations.
If you wish to
cancel your subscription you can do so at any time. This can
be done by writing to us at our address listed below, sending
us an email at support@globalpersonals.co.uk or by logging
onto the site and going to "My Account" and using
the online cancellation facility. We will cancel your subscription
within 24 hours of your request and your full membership will
cease at the end of your subscription period.
We may immediately
terminate your membership and your access to the Service because
you have breached these Terms and will send you notice of
termination at the email address you provide in your application
for membership or such other email address as you may later
provide to us. If we terminate your membership in the Service
because you have breached these Terms, we will refund any
pre-payments made by you less reasonable costs and losses
we have incurred. We can terminate this contract at any time
by giving you reasonable advance written notice.
5. Extras, Gifts
and Credits
The Site offers
opportunities to purchase access to various additional services
such as tests and sending virtual gifts ("Extras").
These Extras may be purchased for you or as a gift for another
member.
The description
and the costs of each Extra are set out clearly on the Site
and when purchasing Extras, these details, together with these
Terms form the terms of a contract between you and Global
Personals for provision of the Extra.
Extras are paid
for by a virtual account of credits ("Credits"),
linked to your account on the Service. This account may be
topped up by you at any time by using the payment methods
included on the Site and unless you request otherwise, shall
be automatically topped up by automatic payments after you
use your credits. The Service may also enable you to instruct
that the account is automatically topped up. Any top up of
the account or instruction to automatically top up the account
is a contract between you and Global Personals for the provision
of Credits, which may be used to purchase Extras. Once purchased,
Credits may only be used for purchasing Extras and are not
refundable in any circumstance.
Any We shall automatically
assume an instruction to automatically top up an account of
Credits, whenever you have such an account and shall continue
to keep the account topped up until you instruct otherwise
or until your membership of the Service is terminated for
any reason.
6. Intellectual
Property Rights in the Site and technical use of the Service
All copyright,
design rights, database right, patents, and any rights to
inventions, know-how, trade and business names, trade secrets
and trade marks (whether registered or unregistered) and any
applications therefor ("Intellectual Property Rights")
in the Site belong to and vest in Global Personals, or are
licensed to Global Personals unless otherwise specified. All
such rights of Global Personals are hereby asserted and reserved.
By way of example
and without limitation, you shall not:
use any or all of the Site or the information contained therein
for any purpose other than the permitted use set out above
or hack, attempt to hack, distribute, modify, transmit, re-use,
or re-post the same for any reason;
make any public
or commercial use of the Site without Global Personals prior
written consent;
provide hypertext
links, URL Links, graphic links, hyperlinks or other direct
connection to the Site for profit or gain or to avoid payment(by
you or others) without Global Personals prior written permission;
display,
publish, copy, print, post or otherwise use the Site and the
information contained therein for the benefit of any third
party or web site without Global Personals" prior written
consent;
process
or otherwise use the information contained on or withinthe
Site for any illegal or immoral purpose nor use or process
the same unfairly.
You must not remove
or obscure any copyright notices and other proprietary notices
contained on the Site.
7. Your
Use of the Service and Content Posted on the Site
Illegal and/or unauthorized uses of the Web site, including
collecting usernames and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to the Web site
will be investigated, and appropriate legal action will be
taken at our sole discretion, including without limitation,
civil, criminal, and injunctive redress.
We are entitled but not obligated to review and delete any
content, messages, photos, video profiles and profiles (collectively,
"Content") that in our sole judgment violate these
Terms or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of other
members.
You are solely responsible for the Content that you upload,
create, send, publish or display (hereinafter, "post")
on the Service, or transmit to other members.
By posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you
have the right to grant, to us an irrevocable, perpetual,
non-exclusive,fully paid, worldwide license to use, copy,
perform, display, and distribute such information and content
and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize
sublicenses of the foregoing for all purpose connected to
operating and promoting the Site and the Service.
We are entitled to investigate and revoke a person's membership
if a member has misused the Service, or behaved in a way which
could be regarded as inappropriate or whose conduct is unlawful
or illegal or prohibited by these Terms. You warrant that
you shall not post any Content to the site that (by way of
example and without limitation):
infringes upon the Intellectual Property Rights of, or breaches
any duty of confidence to, any third party;
is technically harmful such as computer viruses, worms, logic
bombs or other malicious software or harmful data;
reveals the identity or any personal details of any other
user of the Service without that users permission;
expresses or implies that any statements you make are made
or endorsed by us;
is patently offensive to the online community, such as Content
that promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links
to pirated music files;
contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible
page);
provides material that exploits people under the age of 18
in a sexual or violent manner, or solicits personal information
from anyone under 18;
provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
solicits passwords or personally identifying information for
commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
You must use the Service in a manner consistent with any and
all applicable laws and regulations.
You may not include in your member profile (or transmit in
any non-paying membership) any personal contact information,
such as telephone numbers, street addresses, last names, URLs
or email addresses.
You may not engage in advertising to, or solicitation of,
other members to buy or sell any products or services through
the Service. You may not transmit any chain letters or junk
email to other members. Although we cannot monitor the conduct
of our members off the Web site, it is also a violation of
these rules to use any information obtained from the Service
in order to harass, abuse, or harm another person, or in order
to contact, advertise to, solicit, or sell to any member without
their prior explicit consent. In order to protect our members
from such advertising or solicitation, we reserve the right
to restrict the number of emails that a member may send to
other members in any 24-hour period to a number which we deem
appropriate in our reasonable discretion.
You agree to indemnify us and keep us indemnified against
any costs, losses or expenses incurred or suffered by us as
a result of any breach by you of any of your obligations or
warranties under these Terms.
The Site is an entertainment service. Your use of this service
is entirely at your own risk. You should exercise at least
some degree of caution in evaluating what you see when involved
in internet communication with people who are unknown to you
(such as when you are using message services) and be aware
that people may not necessarily be who they say they are and
that people may provide information or behave in a way that
is unreliable, misleading or illegal. By using this service
you accept that any member profiles, messages and communication
may not be genuine. That caution is particularly relevant
if you are asked your surname, place of work, address or telephone
number or if you are asked to arrange a meeting.
8. Associate Websites
The Service is
offered through and accessible through a number of other web
sites in addition to the Site. By registering with the Site
you acknowledge and accept that all Content that you post
to the site may be searchable and available to users of the
Service who access it via different web sites from the Site.
You further acknowledge and accept that other members of the
Service that you may view and communicate with via the Service
may have registered with and accessed the Service through
a number of different web sites.
Global Personals
make an effort to ensure that members of the Service are not
connected with other members that may be inappropriate and
therefore apply various classifications to the various web
sites that provide access to the Service. By registering with
the site you acknowledge and accept that Global Personals
may apply certain classifications to your profile due to your
accessing the Service via the Site and may use such classifications
to restrict:
the availability of communication between yourself and other
members of the Service:
the availability
of the details of other members of the Service to yourself;
and
the availability
of your details to other members of the Service.
9. Member Disputes
You are solely
responsible for your interactions with our other members.
We reserve the right, but have no obligation, to monitor disputes
between you and other members.
10. Our Responsibilities
We will operate
the Web site for the Service with the reasonable skill and
care of an online service provider.
We will do our
best to maintain the operation of the Site for the Service,
however, we may need to temporarily suspend the service for
operational reasons (e.g. for repairs, planned maintenance
or upgrades). We promise to restore the service as soon as
reasonably possible after any suspension.
We reserve the
right to make changes to the Service from time to time provided
that they do not have a material adverse effect on the quality
of the Service.
If we cannot do
what we have promised in these Terms because of something
beyond our reasonable control (including, without limitation,
disputes involving our employees), we will not be liable for
this.
11. Proprietary
Information
The Service contains
information that is proprietary to our partners, our members
and us. You may not modify, post, distribute or reproduce
in any way any copyrighted material, trademarks or other proprietary
information without having first received the express written
permission of the owner of such information.
12. Disclaimers
The Web site and
the Service are provided on an "as-is" basis. We
cannot guarantee and do not promise any specific results from
use of the Site and/or the Service. We make no warranties
/ guarantees or representations as to the quality or fitness
for a particular purpose of the Service except that we will
operate the Site for the Service with reasonable skill and
care of an online service provider.
We do not represent
or endorse the accuracy or reliability of any advice, opinion,
statement or other information displayed, uploaded or distributed
through the Service by us, our partners or any member or any
other person or entity. You acknowledge that any reliance
upon such opinion, member profile, advice, statement or information
is at your own risk. We are not responsible for the conduct,
whether online or offline of our members. Please use caution
and common sense when using the Site and the Service.
Third party web
sites with links from the Site have not been verified or reviewed
by Global Personals and use and access of such third party
web sites is made at your own risk.
13. Limitation
on Liability
To the maximum
extent permitted by law, Global Personals excludes liability
for any loss or damage of any kind howsoever arising, including
without limitation any direct, indirect, punitive or consequential
loss whether or not such arises out of any problem you notify
to Global Personals and Global Personals shall have no liability
to pay any money by way of compensation, including without
limitation all liability in relation to:
any incorrect or inaccurate information on the Site and all
interruptions to or delays in updating the Service;
the infringement
by any person of any Intellectual Property Rights of any third
party caused by their use of the Site;
any amount or kind
of loss or damage due to viruses or other malicious software
that may infect a user's computer equipment, software, data
or other property caused by persons accessing, using or downloading
the Site, or from transmissions via emails or attachments
received from Global Personals or its licensees;
all representations,
warranties, conditions and other terms which but for this
notice would have effect.
These terms above
shall not limit any rights you might have as a consumer that
may not be excluded under applicable law nor shall it exclude
or limit "Global Personals" liability for death
or personal injury resulting from its negligence nor any fraudulent
representation.
14. Modifications
to these Terms
We may alter or
amend our terms and conditions upon giving reasonable notice
in advance of such amendment taking effect. If upon receiving
any notice, if you do not wish to continue with the Service,
you may terminate the contract upon giving us notice, such
notice to take effect upon the earlier of our receipt of your
notice or the date upon which the amended terms and conditions
would otherwise have taken effect. You will be deemed to have
accepted any alteration and/or amendment if you continue to
use the Service after the relevant period of notice has expired.
15. Release
In the event that
you have any claim or action against any other member arising
from that member's use of our Site or the Service, you agree
to pursue such claim or action independently of and without
any demands from us, and you release us from all claims, liability
and damages, arising from or in any way connected to the claim
or action.
In the event that
a claim or action is brought against us from your activities
or use of the Web site or the Service, including any breach
by you of these Terms or any charges or complaints made by
other parties against you, you agree to pay, hold harmless
and defend us in the claim or action. You also agree to cooperate
as fully as reasonably required in the defense of any claim
and allow us to assume the exclusive defense and control of
the matter at our discretion.
16. Dispute Resolution
We will try to
solve any disagreements quickly and efficiently. If you are
not happy with the way we deal with any disagreement and you
want to take court proceedings, English law governs this contract
and you must do so within the United Kingdom.
17. General
If Global Personals
does not enforce any provision of these Terms such will not
be considered a waiver of any provision or right.
In the event that
any part of these Terms is held to be unenforceable, such
part will at "Global Personals" option be construed
as far as possible to reflect the "parties" intentions
and the remainder of the provisions will remain in full force
and effect.
These Terms, together
with price lists for subscriptions contained on the Site constitute
the entire agreement between you and Global Personals and
shall apply to the exclusion of all other terms or conditions
of contract which you may purport to propose.
It is hereby asserted
that the Site and the Service is intended for and directed
at the UK and no representation or warranty is made as to
whether the Site or the Service complies with the regulatory
regime and local laws of any other countries.
18. Contact Information
The Site and the
Service is operated by Global Personals Limited, a company
registered under the laws of England, whose registered office
is 1 High Street, Windsor, Berkshire, SL4 1LD.
|