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Old Friends |
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TERMS AND CONDITIONS |
1. INTRODUCTION.
This Agreement is a legal document which sets out your rights and obligations, and those of Mondial Marketing Limited, a company registered in England under registration no. 3733042 ("OldFriendz", "we" or "us"), in relation to this site and the services offered by OldFriendz through it (the "OldFriendz Service").
By registering for the OldFriendz Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the OldFriendz Service who do not register to become a Full Member (see Types of Membership below) similarly affirm that they are bound by this Agreement each time they access the OldFriendz Service. You should be aware that this Agreement may change from time to time in accordance with Clause 22 below.
2. TYPES OF MEMBERSHIP.
People who register for the OldFriendz Service become "Members". The Membership divides between those who decide to pay our fee for a full annual membership (which we call "Full Members"), and those who do not ("Standard Members").
As well as being able to browse the OldFriendz Service, Standard Members may:
a) post their name and other details on the OldFriendz Service;
b) receive emailed messages, which will be sent to the email address contained in Your Details (which are provided during Registration and may be updated subsequently), sent by Full Members.
In addition to the facilities available to Standard Members, Full Members may:
a) send email messages to addresses of both Full and Standard Members.
Important Note: Full Membership.
If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Full Membership will last for twelve months. If you wish to continue with Full Membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 7 or Clause 8 below, will not affect your then-current Full Membership.
3. REGISTRATION.
You undertake to register for the OldFriendz Service using accurate and current information about yourself - including your correct name, address and any other requested details. You also undertake only to add yourself to Bodies which you attended at the relevant time. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that:
a) you are fully entitled to use that card, and
b) it has available funds sufficient to cover the charges which are deducted from it.
As part of the registration process for the OldFriendz Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you.
That email contains simple instructions which you must follow.
4. PRIVACY POLICY.
OldFriendz Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the OldFriendz Service (including any which contain personal information) is, of course, accessible to internet users around the world.
5. RESPONSIBILITY.
You, whether you are a Full Member or Standard Member who visits the OldFriendz Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the OldFriendz Service or outside of it. We only provide a venue where the OldFriendz Service may be accessed. In particular, you should be aware that OldFriendz does not pre-screen or monitor the material contributed by Members.
6. ADDITIONAL SERVICES.
OldFriendz or its affiliates may offer new or additional services through the OldFriendz Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the OldFriendz Service in an appropriate manner (as determined by OldFriendz in its reasonable discretion), Any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
7. OPERATION OF OLDFRIENDZ SERVICES.
OldFriendz reserves the right to withdraw or modify one or more aspects of the OldFriendz Service where we have legal or technical reasons to do so (including technical difficulties experienced by OldFriendz or on the Internet). There may also be times when the Oldfriendz Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the OldFriendz Service.
8. MISUSE OF OLDFRIENDZ SERVICE.
We reserve the right to:
a) to suspend or terminate any Member's access to the OldFriendz Service, or parts of it, and/or;
b) to edit, or require the Member to edit, material posted on the OldFriendz Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement.
Any person whose access has been suspended or terminated must not re-register for, or re-access, the OldFriendz Service without our prior consent. You are responsible for everything which is done on or through the OldFriendz Service while your Membership account is logged on to the OldFriendz Service, or through your email address(es).
9. RELEVANCE.
The OldFriendz Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
a) Include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the OldFriendz Service. - Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
b) place material on, or otherwise use, the OldFriendz Service for any business or commercial purpose;
c) use your access to the OldFriendz Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
10. FEES.
You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant OldFriendz Service.
We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
11. PROHIBITIONS.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the OldFriendz Service, nor any activity or communication you make in connection with any OldFriendz Service, will be capable of
a) Infringing the intellectual property or other rights of any person or entity;
b) Breaching any applicable law, whether criminal, tortious or otherwise, or;
c) Appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
12. ALERTING OLDFRIENDZ.
If you see anything on the OldFriendz Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us at admin@Oldfriendz.com. We do not generally monitor material contributed by Members before it is placed on the OldFriendz Service, and so we are reliant upon users to point out any which infringes this Agreement.
13. WITHDRAWAL OF MATERIAL AND TERMINATION OF MEMBERSHIP
Each Member acknowledges that we are entitled to withdraw any material on the OldFriendz which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the OldFriendz Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the OldFriendz Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the OldFriendz Service.
14. DISCLAIMER AND RELEASE.
OldFriendz has no control over or responsibility for the truth or accuracy of any material available on the OldFriendz Service, whether provided by Members or others. If any third party sites are linked to from the OldFriendz Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. You should exercise no lesser degree of caution in appraising what you see on the OldFriendz Service than you do elsewhere.
Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
Your use of the OldFriendz Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release OldFriendz its directors, contractors and employees from all liability arising out of or in connection with the OldFriendz Service and the material included here by Members and other third parties.
15. INTELLECTUAL PROPERTY.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the OldFriendz Service (including the material which is contributed by Members) are owned by OldFriendz. Therefore, no-one may copy, distribute, show in public or create any derivative work from the OldFriendz Service, or any of the material which is found on the OldFriendz Service unless properly licensed to do so by us.
By submitting any material to the content to the OldFriendz Service, you:
a) are representing that you are fully entitled to do so;
b) grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
c) authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
16. EXCLUDED LOSS.
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). OldFriendz will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
17. MAXIMUM LIABILITY.
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of OldFriendz under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of:
a) £5 or;
(b) an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action.
18. NON-EXCLUDED LIABILITIES.
Nothing in this Agreement limits OldFriendz liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
19. INDEMNITY.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you.
20. ASSIGNMENT.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of OldFriendz assign or dispose of this Agreement.
21. ENTIRE AGREEMENT.
This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the OldFriendz Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
22. CHANGES TO THIS AGREEMENT.
OldFriendz reserves the right to change this Agreement from time to time, and post the new version on the OldFriendz Service.
23. SEVERABILITY.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
24. LAW.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
25. CONTACT. You can contact us by post at PO Box 3099, Littlehampton, West Sussex, BN16 2DJ.