INTRODUCTION
These terms and conditions apply between you, the User of this Website and CF Media Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by CF Media Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to CF Media Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age and that you:
a. are accessing our Website from a country or state where it is not illegal to enter websites with messaging functionality.
b. agree to indemnify and hold us harmless from any claim or damages (including any legal fees in relation to the same) made by a third party in respect of any matter in relation to, or arising from, your use arising from any breach of this User Agreement by you or your violation of any law or the rights of any third party.
INTELLECTUAL PROPERTY AND ACCEPTABLE USE
All Content included on the Website, unless uploaded by Users, is the property of CF Media Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, reproduce, use to create derivative works, publish, distribute, publicly display or use for commercial purposes any Content without the written permission of CF Media Ltd or the original copyright holder, whether in whole or in part.
You acknowledge that you are responsible for any Content you may
submit via the Website, including the legality, reliability,
appropriateness, originality and copyright of any such Content. You may
not upload to, distribute or otherwise publish through the Website any
Content that
a. is confidential, proprietary, false, fraudulent,
libellous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, infringing on intellectual property rights, abusive,
illegal or otherwise objectionable;
b. may constitute or encourage a
criminal offence, violate the rights of any party or otherwise give rise
to liability or violate any law
c. may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”
d. uses false identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
e. may cause annoyance, inconvenience, harassment or needless anxiety to others;
f. advertises or promotes third party or your own products or services;
g.
uses foul, threatening or offensive language including, without
limitation, racist, sexist, ageist, homophobic or sexually explicit
language where inappropriate;
h. make insulting remarks to or about other Users of our Website;
i. may incite disorder or encourage illegal activities or that causes or may cause harm to minors or animals;
CF Media Ltd reserves the right to remove any content submitted by Users where it deems it unsuitable at its sole discretion.
You represent and warrant that you own or otherwise control all the rights to the Content you submit; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify CF Media Ltd for all claims resulting from Content you supply.
We may at our sole discretion take any of the following action:
a.
bring legal action against a User of this Website in relation to any
breach of this User Agreement or any illegal or suspected illegal
activity.
b. inform appropriate authorities and provide them with information regarding any suspected illegal activity;
c. suspend or terminate a Users access to the Website without notice at any time;
d.
remove any Users profile and / or photographs or other material that we
deem may be inappropriate or we suspect may be illegal, subject us to
liability, that may violate this User Agreement, or where we are
required to do so by law;
f. access, monitor, store or copy material
sent by, or to Users, without further notice to you where required by
law or regulation;
We will determine what action is appropriate to be
taken on a case by case basis. Any users found to be acting in a
manner we deem to be outside the spirit of the Website or in any way
against the interest of the Website and its Users will be removed and
any credits they have accumulated will be forfeited.
Any text, audio or graphical data provided by Users must be provided in English.
PROHIBITED USE
You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner;
d. to copy other people’s profiles (excluding typical wording that can be applicable to many).
e. modify, alter, deface, destroy or corrupt any information not provided by you that is stored on our Website or systems;
f. to circumvent or otherwise avoid or defeat our Website security or authentication measures;
g. to install or attempt to install unauthorised software;
h. to probe, scan or test for vulnerabilities;
i. to utilise our Website or systems for other than the intended purposes;
You may not use the Website to solicit business from any User for your own business activity.
Users may not create or use names containing, words such as ‘admin’, ‘verified’, ‘recommended’ or any other word that may lead other Users to believe they are part of the administration or management team of the Website or have a special status.
Users photos and movie uploads must feature the User legally belong to the User. Users are not permitted to upload any content that has been obtained from other sources or that has been purchased or licenced from a third party.
Any Users found in breach of any part of these terms and conditions may have their profile removed, membership terminated, be temporarily or permanently blocked from creating a new membership account and may forfeit any payments balance.
REGISTRATION
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time via the web site delete account function or by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Any unused purchased credits will be forfeit unless prohibited by law. Cancellation or suspension of your registration does not affect any statutory rights.
PASSWORD AND SECURITY
When you register on this Website, you will be issued and access token via your personal link which is the equivalent of a password, which you should keep confidential and not disclose or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
CREDITS
When transacting with Credits, you are transacting with the operators of the Website according to the following provisions.
a.
credits are only transferable via the Website and can only be spent
within the bounds of the Website and on those items advertised for a
designated credit value;
b. we reserve the right to ask for any
necessary identification as required by our payment processing partners
to comply with international anti money laundering or other regulations;
c. unused credits will not be refunded under any circumstances unless agreed by CF Media Ltd at its sole discretion;
d. credits must be used within 12 months of purchase.
e.
VAT, if applicable, will be included in the purchase price of any
services purchased. The rate charged will be dependent upon the service
and physical location from which the purchase is deemed to be based.
LINKS TO OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of CF Media Ltd or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
PRIVACY POLICY AND COOKIES POLICY
Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the relevant page link.
Any content you have provided directly to the Website will not be displayed on, or provided to, any other publicly accessible website by us.
AVAILABILITY OF THE WEBSITE AND DISCLAIMERS
Any online facilities, tools, services or information that CF Media Ltd makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. CF Media Ltd is under no obligation to update information on the Website.
Whilst CF Media Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
CF Media Ltd accepts no liability for any disruption or non-availability of the Website.
CF Media Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Any views expressed by individual Users via this Website are entirely the views of that individual only. These views of individual users do not represent or reflect our views in any way whatsoever.
LIMITATION OF LIABILITY
Nothing in these terms and conditions will:
a. limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
b. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
c. limit or exclude any of our or your liabilities in any way that is not permitted under applicable law;
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, CF Media Ltd accepts no
liability to any User for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:
a. any business
losses, such as loss of profits, income, revenue, anticipated savings,
business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
d. use of, or inability to use, the Website;
e. use of or reliance on any content displayed on the Website;
f. business interruption;
g. any indirect or consequential loss or damage;
GENERAL
Users that do not login to the Website for a period of 90 days may have their profile and other uploaded content suspended or removed. To ensure no removal or restriction will be placed on them activating or reconfiguring their profile or preferences, Users should revisit the Website and login within that time frame.
Any media Users upload to the Website may be automatically watermarked with the Website name and/or URL.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
CF MEDIA LTD DETAILS
CF Media Ltd is a company incorporated in England and Wales with registered number 11986995 whose registered address is 20-22 Wenlock Road, London, N1 7GU, United Kingdom and it operates the Website 1message.net
You can contact CF Media Ltd via the web site contact us page.