Welcome to Mylovepoet
Friday,18th May,2012

 
 

Terms

Terms of use of mylovepoet.com/romance (Last updated on 01 June 2010).

Please read these Terms carefully. By registering as a Member or Subscriber and ticking the box confirming “I have read the terms and conditions of membership and the privacy policy and agree to their terms. I confirm that I am over 18" and each time you use the Services (whether or not you register as a Member or Subscriber), you agree to be bound by these Terms. If you do not accept them in full, you must not register as a Member or Subscriber or use the Services.

1. Information About us

The Site is operated by mylovepoet.com (also referred to as “we”, “us”, “our” and similar expressions))

Mylovepoet.com is an English Sole Trader, office and postal address at: 31 Francis Way, Cippenham, Slough, SL1 5PJ Telephone: 01628602679.

2. Eligibility to use the Site and the Services

The Services are intended for adult Users to communicate with each other online and you must be over 18 years of age to become a Member, Subscriber or User.

If you have been convicted of any offence (or are subject to any court order) specifically relating to assault, violence, sexual misconduct or harassment you cannot use the Services.

You may not seek to use the Site or the Services for any commercial purposes.

We reserve the right to refuse any application to become a Member or Subscriber. You will not become a Member or Subscriber until you receive email confirmation from us.

3. Membership and Subscriptions

You may register your profile free of charge and this will give you access to some of the Services.

To have full access to the Services, including the ability to send messages to other Members or Subscribers, you will be required to pay a subscription charge.

Mylovepoet.com/romance will never change the subscription charges for the Services.

You may cancel your membership or subscription at any time (see section 10 (Termination) below for further detail).

If you cancel your subscription early and your subscription is for three months or longer, a refund may be given to you at our discretion. No refunds will be paid where you cancel a subscription of less than three months.

4. Safety and Security

Our experienced vetting team checks all new User profiles (and updates to them) for inappropriate content and tries to identify and remove possible scammers from the Site. However, we are not in a position to verify the identity of Users or the accuracy of User Content, nor can we guarantee that our vetting processes will spot all inappropriate User Content. You should therefore not assume that any User Content is accurate or that another User is who he or she claims to be. It is up to you to take appropriate steps to investigate User Content before you take any action based on it. We will not be liable for false or misleading statements by other Users.

When arranging to meet another person through use of the Services, you must take appropriate precautions and follow the safety guidelines in our Safe Dating Guide. Any such meetings are at your own risk.

You alone are responsible for ensuring that your interaction with other Users is lawful.

You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.

We will not be liable if your identity is used by someone else.

You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password. In such case you should immediately amend your password.

Although we cannot control what may happen between Users if they decide to meet in person, you should notify us via our report abuse page if you encounter any behaviour that might reasonably be expected to represent a threat to other Users. Any such reports will be treated in confidence and investigated by a senior member of our customer support team. If it is deemed necessary we may (at our sole discretion) elect to warn the other User or to suspend or delete his or her profile.

If you experience a serious incident when meeting another User (such as a physical attack or assault) or suspect that another User is missing after meeting someone through the Services (or otherwise) you are advised to contact the police immediately and let our customer support team know via our report abuse page.

Except as described in paragraph 4.7 above, we will not become involved in any disputes between Users, nor do we provide any arbitration or settlement services should a dispute arise.

5. Your Obligations in Agreeing to Use the Site and the Services

You agree that you will not:

in connection with the Services breach any applicable law, regulation or code of conduct; publish or send any User Content (including photos you make visible only to your favourites) or communications to us which are false or misleading (and you agree to update User Content to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, offensive, harmful, violent, threatening, harassing, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing. Photographic content that will be publicly viewable is further subject to the terms and conditions noted on the photo upload page;

publish content (including photos) that directly or indirectly alludes to child pornography or attempts to solicit communication with or on behalf of any person under the age of 18;

include in your profile or any other information you post on the Site or in any communications you make through the Site to another User who has not previously contacted you, any information that enables you to be personally identified or contacted (other than through the Services), including (but not limited to) your last name, postal or email address or telephone number or another website address where such information about you can be found. For the purposes of this restriction contact with another User through the “One liner” service does not qualify as prior contact;

solicit other Users’ contact details or disclose your subscription or Member status in your profile;

disclose or make accessible to any third party any username(s), password(s), activation code(s) or similar information allocated to Users or use them for any purpose other than authentication for the Services;

provide email addresses to us of other persons or publish or send any User Content referring to other persons without having obtained their prior consent;

publish or send any User Content which links to any third party websites which are illegal or contain inappropriate content;

use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);

use the Services for junk mail, spam and pyramid or similar or fraudulent schemes;

do anything which may have the effect of disrupting the Services including the use of worms, viruses, software bombs or mass mailings;

attempt to gain unauthorised access to any part of the Services or to the equipment used to provide the Services;

use the Services to harass any other Member or seek to contact any Member who requests that you cease contact (you will have the option to block contact from other Members by selecting the appropriate option in their profiles);

impersonate any other person or entity; or

use the Services other than for the purposes set out in these Terms.

You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services.

You must ensure that all contact and payment information (e.g. postal and email addresses, credit card numbers) that you provide are accurate and kept up to date.

You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services (including if you believe that material belonging to a third party has been posted on the Site by another User in breach of copyright). Click here to report inappropriate behaviour or suspicious profiles to the customer support team.

6. User Content

mylovepoet.com/romance only provides the channel for Members to publish and/or distribute their personal information and is not the publisher of User Content.

It is your responsibility to decide which information to publish or send as User Content (which will be visible to other Users or Internet users). mylovepoet.com/romance will not be responsible for any misuse of such User Content by any other User or third party.

Save as set out in the Privacy Policy, we will not disclose any personal details supplied by you that are not publicly displayed in your profile without your prior consent.

mylovepoet.com/romance reserves the right to exercise editorial control over profile and picture content, but accepts no liability for User Content (including pictures) or other activities of Users which may breach the rights of other Users or third parties.

mylovepoet.com/romance does not verify the accuracy or truth of any information published by Users. You should therefore conduct your own independent investigations to verify the accuracy of User Content published or sent by other Users and be careful when dealing with other Users (see also section 4 (Safety and Security) above).

We do ask Users to notify us of inappropriate User Content. You acknowledge that such notification may take place and that we may take steps outlined in these Terms in respect of such information which comes to our attention if it relates to User Content published or sent by you.

We reserve the right not to accept or to suspend or remove from the Site and the Services all or part of any profile or any other User Content for any reason and, if we do so, we will not enter into correspondence with you regarding the suitability of such User Content.

We assume no responsibility for the deletion of or failure to store your User Content, including profile details and photographs. Further, you must ensure that you save any messages you wish to keep.

We reserve the right to permanently delete messages and other User Content after any period stated under the heading "How do I delete my profile?" in the Profile Help section of the FAQs or if we exercise any right of termination under this Agreement.

mylovepoet.com/romance cannot guarantee that offensive or inappropriate material will be removed or deleted from the Site in every case, but any failure to do so in a particular case will not affect our right to remove or delete similar material in subsequent cases.

7. Proprietary Information and Content

The Site and the Services contain or use information and content (including marks, logos, graphics, images, photographs, animation, videos, text and software) that are the intellectual property of our partners, other Users and us. Your right of use is strictly limited to accessing, downloading, printing and reproducing such information or content for your own personal, private and non-commercial use of the Services within the scope of these Terms. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.

You may not include our Site in part or in whole within another external website without our prior written consent.

Subject to the terms of the Privacy Policy, you grant us a licence to use (and to sublicence or assign) your User Content (being material you publish on the site or send to other Members), as necessary in connection with the provision of the Services (including, in addition to making your profile visible to other Users of the Site and of any partner dating websites, to publish your profile on the www.mylovepoet.com/romance website and other associated sites (which will substantially increase the reach of your profile and the chances of finding a successful match)) and to use such Content in connection with our business to business marketing activities. You waive your moral rights in relation to User Content.

You may not copy or otherwise use any User Content of other Users except insofar as strictly necessary for your own personal, private and non-commercial use of the Services within the scope of these Terms.

You may not publish or post any material on the Site or send via the Services any material that belongs to a third party unless you have permission to do so. You are also requested to notify us if you believe that material belonging to a third party has been posted or sent by another User. This includes (but is not limited to) photographs, images and text.

8. Performance of and changes to the Site and the Services

The Services are provided to you on an "as is" basis by mylovepoet.com/romance. We do not guarantee that our Services will be uninterrupted or error-free or will achieve particular results. We will use our reasonable endeavours to rectify faults if they do occur.

We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason, but to minimise disruption we will normally try to do so only between 12 p.m. and 8 a.m.

We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.

9. Right to cancel

You may cancel your order for the Services by giving us written notice within seven working days of placing your order. We will provide you with a refund within 30 days of your notice. This right of cancellation does not apply however once you have started using the Services to which your payment relates.

10. Termination

You may at any time terminate your registration with us by requesting the removal of your profile from the Site by writing to us at the address given above or by emailing us. We will implement such a request as soon as reasonably practicable. For the avoidance of doubt, a request for termination under this clause does not give rise to any refund (see paragraphs 3.4 and 3.6 in the section on Membership and Subscriptions above for further detail).

We may suspend or terminate your registration at any time:

immediately without notice or refund if in our reasonable opinion you have committed a serious breach of this Agreement or any User Content published or sent by you or your continued membership is or might be damaging to our business or to other Users; or

otherwise on seven days notice to you by email in which case we will provide a full refund of the proportion of your subscription payment that relates to the period after termination.

We will notify you by email of any suspension or termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a Member or to use our Services unless we notify you that any suspension has been lifted.

Termination will not affect the accrued rights of either party under this Agreement.

11. Third party websites

We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate any applicable law, you must immediately cease use of such website.

12. Limitation of liability

This section 12 (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors and agents (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this Agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.

We will not be liable to you for any loss or damage you suffer to the extent you cause or contribute to such loss or damage by your own acts or omissions, for example by not complying with these Terms.

Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to double the total fees paid by you in the 12 months before the event(s) complained of.

In no event (including our own negligence) will we be liable for any indirect losses (such as loss of profits, contracts or business) even if we have been advised of or ought to be aware of the possibility of such losses.

We are not liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond our reasonable control, including acts or omissions of providers of telecommunications services or faults in or failures of their networks and equipment.

13. Indemnity

You agree to indemnify us (including our directors, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities (including reasonable legal fees incurred by us) related to your breach of this Agreement and/or to your use of the Site and Services, including any claim or liability arising from the publication or other communication by you of any content or information that infringes the intellectual property rights of, or denigrates, libels or invades the privacy of, any third party.

14. General

Headings in this Agreement are for information only and do not affect the meaning of the Terms or the Agreement.

This Agreement (which includes the Privacy Policy) constitutes the entire Agreement between you and us in connection with the Services.

These Terms are personal to you and you may not transfer or assign your rights or duties under this Agreement to anyone else without our prior written consent. We may assign all or part of our rights or duties under this Agreement at any time.

Any failure by us to exercise or enforce any right or provision of this Agreement does not constitute a waiver of it.

If any part of this Agreement is deemed void or ineffective for any reason, the remainder shall continue in full force.

A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this Agreement.

15. Dispute Resolution

We will try to resolve any disagreements with you quickly and efficiently, but if you (or we) feel it is necessary to take court proceedings, this Agreement is governed by English law and any disputes must be decided only by the English courts

16. Definitions Used in the Terms and the Privacy Policy

“Agreement” means the agreement for the provision of the Services between you and mylovepoet.com that will be formed when you accept these Terms, and which will include these Terms, the Privacy Policy and any other agreed terms and conditions;

“FAQs” means the frequently asked questions section on the Site;

“Member” means a registered user of the Services with access only to the free elements of the Site;

“Privacy Policy” means the privacy policy governing the use of any personal information you disclose to us when you register as a Member and use the Services;

“Safe Dating Guide” means the safe dating guide on the Site;

“Site” means the website at www.mylovepoet.com/romance or such other website as we may use to provide the Services from time to time;

“Services” means the services made available by mylovepoet.com/romance to users of the Site (primarily being an online mechanism for Users to find and communicate with other Users);

“Subscriber” means a registered user of the Services who has paid for full access to the free and paid for elements of the Site and the Services;

“Terms” means these terms and conditions of use;

“User” means any person who uses the Services, whether such Services are paid for or not;

“User Content” means any and all information published by Users on the Site, or sent by Users to other Users using the channels provided by mylovepoet.com/romance as part of the Services (including profiles, messages and photographs).

 
 
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