WhereHeartsMeet.Com
Terms and Conditions of Use Agreement
1. Definitions
These Terms and
Conditions of use will have the following meanings unless
the context requires otherwise.
"Agreement"
means the agreement between a member and WhereHeartsMeet.Com
for the service.
"Liability"
means the Liability for damages, proceedings, actions,
awards, expenses and any other losses and or liabilities.
"Member"
means any person who subscribes to the service, and has
been accepted for membership on this Web Site irrespective
of whether they have paid a membership fee or not.
"Intellectual
Property Rights" means all patents, trademarks (whether
registered or not), logos, graphics, photographs, animations,
videos and text appearing on the WhereHeartsMeet.Com Web
Site.
"Service"
means the service provided by Whereheartsmeet.Com to a
member through the WhereHeartsMeet.Com Web Site.
"Web Site"
means WhereHeartsMeet.Com (or other such URL that may
be used from time to time to provide the service).
2. Registration
for Service
To be a Member of
WhereHeartsMeet.Com you must be over 18 years of age and
acknowledge that other Members will be able to view your
profile. The Web Site is purely a forum for Members to
post/submit information about themselves and to allow
contact with other Members through the Service. WhereHeartsMeet.Com
does not have an opportunity to check that the profiles
for Members are correct and not misleading. We do not
make any representation that the information contained
in any profile is accurate and we are under no obligation
to verify any Members profile. Should a Member arrange
any meetings with any other Member through the use of
the Web Site then he/she should do so at their own risk
and exercise such precautions as would be deemed necessary
to ensure personal safety.
The Member is responsible
for all telecommunication charges incurred through the
use of the Service provided.
WhereHeartsMeet.Com
may copy and/or reproduce any information sent/posted
on the Web Site by a Member in any format that we wish.
If members post/send any sensitive, confidential information
about themselves to other Members then they do so at their
own risk.
The Member guarantees
that the data supplied to WhereHeartsMeet.Com conforms
to reality .It must be true, accurate, complete and not
misleading. Members should ensure that their profile on
the Web Site is regularly updated to remain accurate.
Members should inform WhereHeartsMeet.Com without delay
amendments made to the data supplied since the time of
registration.
When the Conditions
for registration are met, each Member will be given a
(login) code for identification along with a password
to enable a Member to use the Service. This login and
password are strictly private and confidential and must
not be shared or passed to a third party.WhereHeartMeet.Com
shall not be liable for the loss of any password and or
login identification by the Member.
3. Contract
These terms of use
and the web pages of WhereHeartsMeet.Com site referred
to herein, constitute a legally binding Agreement between
the Member and WhereHeartsMeet.Com for the provision of
the Service. These terms and conditions of use (as amended
by WhereHeartsMeet.Com from time to time) supersede all
terms and conditions of use that were previously notified
to you the Member. WhereHeartsMeet.Com reserves the right
to amend and develop at any time the pages of the Web
Site www.whereheartsmeet.com. Futhermore, WhereHeartsMeet.Com
reserves the right to increase its prices for the Service
at any time which will be shown on the Web Site.
Our employees, sub-contractors
and/or agents are not authorised to make any statements
or representations concerning the Service unless confirmed
by us in writing.
We reserve the right
to review your profile from time to time.WhereHeartsMeet.Com
may, for any reason, remove, amend, and/or delete any
information, photos or other material supplied by a Member
at our discretion if we think that it should be done.
We reserve the right to refuse any application to register
for the Service at any time.
The Agreement between
WhereHeartsMeet.Com and a Member shall come into effect
when WhereHeartsMeet.Com sends an email to the applicant
who has applied for membership confirming that their application
has been successful. You will not be entitled to send,
receive emails from other Members, or chat on line to
other Members unless you have paid a membership fee (the
exception being when a free trial or promotion exists).
4. Payment and
Termination
By using the Service
it will be assumed that the Member has paid the chosen
tariff/membership charge as shown on the Web Site (which
may be altered at any time without notice). The prices
shown are inclusive of taxes and any details given in
relation to currency exchange rates are approximate only
and may vary from time to time. Payment shall not be deemed
to be received unless we have received either the cash
or cleared funds for the full amount outstanding.
Each Member can
terminate his/her registration with WhereHeartsMeet.com
at any time and without reason in the section of the Web
Site www.whereheartsmeet.com . Termination notice must
be in writing and all monies paid by a Member are non-refundable.
Without prejudice
to the other clauses herein, in the event of a breach
of these terms and conditions of use by the Member, WhereHeartsMeet.Com
reserves the right to suspend or terminate the Agreement
without notice. No refund of paid membership fees will
be refunded. Members will be informed by email of the
termination, or confirmation of the termination, of his/her
account.
5.
Members Obligations
5.1 Members must
not do any of the following:
5.1.1 Use the WhereHeartsMeet.Com
Web Site Service for any commercial or professional ends
(canvassing, soliciting or prostitution).
5.1.2 Make any broadcast
or comments in any form of context that contravenes the
rights of other persons or content of a defamatory, abusive,
obscene, offensive or violent nature which breaches, infringes
or is contrary to any law, statute, or regulations. In
particular photos, videos, and all information supplied
by a Member to WhereHeartsMeet.Com must be decent and
relate exclusively to that Member.
5.1.3 Supply details
such as a telephone number, address and/or email address,
website information or any other information which would
allow Members to contact other Members without using WhereHeartsMeet.Com.
5.1.4 Use the Service
to promote another website.
5.1.5 Broadcast
in any form information or content which includes links
to other web sites of an unlawful nature, contrary to
good moral standards.
5.1.6 Post and/or
reproduce in any way information and/or material in which
the Intellectual Property Rights belong to another party
without obtaining the prior consent of the owner of such
rights.
5.1.7 Post any chain
letters or junk mail to other Members.
5.1.8 Assign, transfer,
part with and/or authorise any other person to use your
identification (login), or password.
5.1.9 Transmit,
post, send and/or email to any other Member any information,
pictures which in the opinion of WhereHeartsMeet.Com is
sexually explicit, racist, abusive, threatening, libellous
and/or obscene.
6. Liability and
Guarantee
WhereHeartsMeet.Com
cannot be held liable as concerns the accuracy or inaccuracy
of the information and content provided by other Members,
site visitors and/or you. We do not guarantee that the
Service or any element of the Service will meet a Members
requirement, purpose and/or expectations. Equally, WhereHeartsMeet.Com
cannot be held liable for the content broadcast by a Member
that may contravene the rights of one or more other Members.
In the event that
WhereHeartsMeet.Com`s Liability is sought in respect of
a breach by a Member of obligations that bind him or her
by virtue of the law or these terms of use, the Member
shall hold WhereHeartsMeet.Com harmless in respect of
all judgments against it, this guarantee covering possible
compensation paid, as well as legal fees and court costs
that may be charged.
WhereHeartsMeet.Com does not guarantee that the Service
will function without interruption or functioning errors.
In particular, their operation could be interrupted for
maintenance updates, technical improvements, or to develop
content and/or presentation. WhereHeartsMeet.Com shall
have no Liability to Members for any delay in the service
due to any event outside their control including acts
of God, war, flood, fire, labour disputes, strikes, riots,
government action and any similar events. The Member waives
the right to seek WhereHeartsMeet.Coms Liability in respect
of the functioning and operation of the Service.
WhereHeartsMeet.com
shall in no event be liable for any case of direct and/or
indirect damage incurred by a Member and in particular
loss of data (including copies) or recordings made by
the Member, the Member being responsible for keeping back-ups.
Members must give
WhereHeartsMeet.Com reasonable opportunity to remedy any
matter for which we may be liable before costs and/or
expenses in remedying the matter yourself.
We shall have no
Liability to Members to the extent that Members are covered
by any policy of insurance.
It is possible that
other Members and/or unauthorised users may obtain and
misuse information about you or your use of the service.
We shall have no Liability to any you or any Member arising
out of the use of such information.
We shall not be
liable to Members for any loss (including but not limited
to loss of profits, damage to goodwill, damage or loss
of data).
Whatever the circumstances,
the overall Liability of WhereHeartsMeet.Com shall be
limited to the sum actually paid by the Member for the
Service involving a breach.
7. Intellectual
Property Rights and Confidentiality
The trademarks,
logos, graphics, photographs, animations, video and text
appearing on the WhereHeartsMeet.Com Web Site are the
Intellectual Property Rights of Marverose S.L. and cannot
be reproduced, used or displayed without the express authorization
(which must be in writing) of Marverose S.L. WhereHeartsMeet.Com
enjoys a licence to use the Intellectual Property Rights
attached to the content provided by a Member for the purpose
of broadcasting on the Web Site www.whereheartsmeet.com.
Members waive absolutely
any and all moral right to be identified as author of
any profile submitted/posted on the Web Site irrespective
of jurisdiction. Members assign to WhereHeartsMeet.Com
full title of all copyright in their profile.
Members agree to
keep confidential and not use information relating to
the Service, except for purposes contemplated by this
Agreement which may be disclosed to a Member, or which
a Member may learn, such information being in the public
domain.
8. General
This Agreement contains
the entire Agreement between you the Member and WhereHeartsMeet.Com.
These terms and conditions of use shall be governed, construed
and applied in accordance with Spanish Law. For any matters
arising from the fulfilment or interpretation of this
Agreement, the parties expressly submit themselves to
the courts of Spain, expressly renouncing the jurisdiction
which could apply to them and they submit themselves to
Spanish law.
WhereHeartsMeet.Com
is a trademark of Marverose, S.L. with its head office
located at: Marverose, S.L., Pla 65, Apto. A, Edif. Barclays
Bank, Ctra Cabo La Nao-03730, Javea, Alicante, Spain.