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Website Terms of Use

 

Key Rules

 

It is important that you read these terms of use as they are legally binding on you and include very important rules about your use of this site.  You should read them in full, but below is a summary of some key rules:

 

1.             This website is a user forum.  We are not a publisher.  We do not control the ratings, reviews or other material submitted to the site by you or other users.  We are not responsible or liable for such content, or for any reliance placed up on it, or damage suffered through it.

 

2.             Any content you submit, including any ratings or reviews, must be lawful and comply with the User Content standards set out below.  Any damage caused to any other person by your content is your responsibility.

 

3.             You must only submit content, and any details of any person, with their full permission.  In particular, you must only review people that have agreed to allow you to do so.

 

4.             You must not use this Site to impersonate any other person.

 

5.             We do not moderate or pre-screen content but we reserve the right  to do so. 

 

6.             We reserve the right to remove any content at any time without liability or notice, for any reason.

 

7.             If you see anything unlawful on the Site you must tell us without delay.

 

 

Full terms of use

 

1              General

 

These are the terms and conditions of use for www.viewsonyou.com (Site). The Site is operated by Viewsonyou Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 06838376, and our registered office is at 15-19 Cavendish Place, London W1G 0DD. Our VAT registration number is [number].

 

Your use of the Site is subject to these terms and conditions and by using the Site you agree to be bound by them.  We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 16 Feburary 2011.

 

2              Member registration

 

Member access to the Site is restricted to users who have registered with us by completing the member registration form available on the Site. Member registration is open only to users aged 18 and over at the time of registration. Unregistered users may access the Site but will not be able to access all of its features, parts or content. We provide clear information on the Site about which features, parts and content may be accessed by members and by unregistered users.

 

We reserve the right, from time to time, to assign user permissions, thereby controlling access to certain features, parts or content of the Site, to different categories of user as described on the Site.

 

You must ensure that any member registration details you provide are accurate. You must treat the log-on ID (consisting of your email address and a password) you choose as part of our security procedures confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a member prove to be false.

 

3              Purpose of the Site

 

The Site is a people rating website that enables users to rate, review and question friends, family, co-workers and others.  The Site is designed and intended to make profile space, ratings, reviews, voting, story boards, blogs, news groups and other user-interactive features (collectively Interactive Features) available to its users.

 

We do not control the material submitted to the Site by users and, in particular, we do not control the ratings and reviews that our users give. You are solely responsible for the content of all information, data, text, messages, links, photographs, videos, images, graphics, audio recordings and other material which it may, from time to time, be possible to submit to the Site (collectively, User Content) as such User Content is submitted by you.

 

4              What you are allowed to do

 

You may only use the Site for non-commercial use and only in accordance with these terms and conditions.  You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form.

 

You may only submit User Content to the Site provided you have the right to do so. This means that:

 

·          you have obtained the permission of any person you rate or review on the Site and of any person whose personal details you provide to us (such as name, data of birth or telephone number), whether or not you actually go on to rate or review them;

 

·          you have obtained the permission of any person, other than yourself, who appears in any photograph, video or likeness or features in any sound recording you submit as part of any User Content;

 

·          if you create any link to or from the Site and any other social networking or similar site using online tools (whether provided by us or not) to allow you to link profiles and/or import contacts, you have obtained the permission of any person, other than yourself, whose profile and/or contact details they are; and

 

·          all User Content you submit must comply with our User Content standards.

 

By submitting any User Content to the Site, you are confirming to us that you comply with all of the above. Otherwise, you must not submit any User Content.  Additional terms may, from time to time, apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.

 

5              What you are not allowed to do

 

You are not allowed to:

 

·          use the Site to impersonate any other person

 

·          store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;

 

·          remove or change any content of the Site (other than content which you submit yourself and as permitted by the Site) or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or 

 

·          create links to the Site from any other website, without our prior written consent. However, we do not object if you link to the Site from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

 

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our licensors, partners or associated organisations.

 

6              User Content standards

 

The following content standards apply to any and all User Content that you submit to the Site. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any User Content as well as to its whole.  User Content (including any content linked to) must:

 

·          be accurate (where it states facts), or reflect views genuinely held (where it states opinion); and

 

·          comply with applicable law.

 

User content must not

 

·          be defamatory of any person, business or other entity;

 

·          be obscene, offensive, hateful, inflammatory, threatening, abusive or likely to harass others;

 

·          invade another´s privacy;

 

·          be sexually explicit or suggestive;

 

·          promote violence, aggression or discrimination of any kind;

 

·          be used to transmit advertising or promotional material;

 

·          be used to introduce any viruses, trojan horses, worms, time-bombs or the like;

 

·          infringe any intellectual property right or other right of any other person;

 

·          be in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

 

·          be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

 

·          give the impression that it emanates from us, our licensors, partners or associated organisations.

 

7              Moderation and take-down

 

We reserve the right to moderate the Site but we are under no obligation to do so.  In particular we are under no obligation to oversee, monitor or moderate any Interactive Feature and, to the fullest extent permitted by law, we expressly exclude liability for any loss or damage arising from the use of any Interactive Feature by a user in contravention of these terms and conditions, whether the Interactive Feature is moderated or not.

 

Whilst we will attempt to remove or edit any objectionable material (including ratings and reviews) that is brought to our attention (and which we agree is objectionable) as quickly as reasonably possible, you acknowledge that we do not generally pre-screen User Content. As a result, there is always a possibility that, by using the Site, you may be exposed to content that you find objectionable, such as views about you posted by others.

 

We reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any discussion, thread or topic, at any time without notice or liability to you.

 

8              Complaints

 

Complaints about any User Content must be sent to support@viewsonyou.com and must contain details of the specific User Content giving rise to the complaint.

 

9              Minors

 

The use of any Interactive Feature by a minor (anyone under the age of 18) is subject to the consent of their parent or guardian. We advise parents who permit their children to use any Interactive Feature that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Feature should be made aware of the potential risks to them.

 

10            Intellectual property rights

 

Except for User Content and subject to the next paragraph, all intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

 

You agree that we will own all rights in the wording of any question you propose for the purpose of rating or reviewing yourself or any user rating or reviewing you or anyone else and by submitting any such wording to the Site, you assign all intellectual property rights in such wording to us. Subject to this, unless we otherwise agree with you, we do not claim any rights of ownership in any User Content generated by you. As such, you retain all ownership rights and are free to re-use your User Content as you see fit, but we will be able to use such User Content as set out in these terms and conditions. If User Content is to be used in a different way (for example, if we are asking to own it) this will be made clear on the Site and you will then be able to choose whether or not to provide particular User Content on that basis.

 

Subject to the previous paragraph, you agree that, by submitting User Content to the Site, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology and, to the fullest extent permitted by law, you waive any moral rights you may have in, or to be identified as the author, of such User Content.  These rights are fully and freely assignable by us upon a sale of all or a part of our business or assets.

 

11            Site access and availability

 

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.  We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

 

12            Site content and risk

 

You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.  The vast majority of the Site consists of User Content. Even where information contained on the Site originates from us, no content should be regarded as authority or advice on which reliance should be placed. You should check with the relevant information source before acting on any content of the Site.

 

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

 

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

 

13            External links

 

The Site may, from time to time, include links to external sites, including, but not limited to, those of our licensors, partners and associated organisations. We are not responsible for the content of any linked sites (whether the links have been provided by us or by users) or for anything provided by those sites and do not guarantee that they will be continuously available. The fact that links to such external sites are included on the Site does not imply any endorsement of their operators. If you follow a link to any of these sites, please read their own terms and conditions and privacy policies.

 

14            Your personal information

 

Use of your personal information submitted via the Site is governed by our Privacy Policy.

 

 

15            Suspension and termination

 

We will determine, in our discretion, whether there has been a breach of these terms and conditions. When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate.  Failure to comply with these terms and conditions may result in our suspending or terminating your right to use the Site or, in serious cases, legal proceedings against you.

 

16            General

 

Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under applicable law, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses or any indirect or consequential losses. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

 

These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

 

17            Contacting us

 

Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to support@viewsonyou.com or write to us at:

 

Viewsonyou Limited

15-19 Cavendish Place

London

W1G 0DD