Last updated: 02.11.2018
Welcome to lustrummet.se (hereinafter referred to as the "Website", "Site", "We", "Us", "Our"), owned and operated by LIBERA GROUP LP. (hereinafter referred to as the "Company"), with its office located in Scotland . The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, Users/members and visitors (hereinafter referred to as "You" or "Your") AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. YOUR USAGE OF THIS WEBSITE SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
Our website is an online communication platform which offers recreational flirting and chat services to its users (collectively, the "Services").
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1.2 "lustrummet.se" shall mean the online communication platform via which Users can flirt and chat with other Users of the website for their entertainment/amusement and recreational purposes only. Users of this website shall only be allowed to chat with other users of the website and not seek in person meetings.
1.3 "User" shall mean an individual who creates an account on our website in order to avail our services. A user shall also be referred to as member.
1.4 "Visitor" shall mean an individual who just visits our website and is not a user/member of our website. Visitors shall not be allowed to avail the services offered by our website. ) Det har ska funderas paa.
1.5 "Account" shall mean the accounts created by the Users on our website in order to use the Services provided by us and require information such as gender, email address, username, password and date of birth.
1.6 "Content" shall mean all information, data, images, documents, files, messages, scripts, applications, electronic media, logos, text, webpage and any other file or data or similar material to each of the foregoing which is uploaded, posted, published, shared, distributed, disseminated or incorporated, processed or entered into, onto or via the Services.
1.7 "User content" shall mean all Content that a user submits or transmits to be made available through our website.
1.8 "lustrummet.se Content" shall mean all Content that our website makes available through the site or Services, including any Content licensed from a third party, but excluding user Content.
2.1 The official language of these terms shall be English.
2.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
3.1 You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable loca
l, state, national, and international laws, rules and regulations.
3.2 Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our website reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
3.3 By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
3.4 Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
3.5 Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
4.1 It is mandatory for the Users to create an account on our website in order to use our services. Registering on our website is free.
4.2 In order to create an account with us, you must provide us with certain personal information such as gender, username, email address, password and date of birth.
4.3 You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a "strong" password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
4.4 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.5 When creating an Account, don't:
a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person's permission;
b) Use a username that is the name of another person with the intent to impersonate that person;
c) Use a username that is subject to rights of another person without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
4.6 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
4.7 You may not transfer or sell your lustrummet.se account and User ID to another party.
4.8 Our Services are not available to temporarily or indefinitely suspended Users. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
4.9 One individual can own only one account in his/her name.
4.10 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website's policies as stated in the Agreement and all other policies listed on the website and all other operating rules, policies and procedures that may be published from time to time on the website by Company.
4.11 To use the Website and/or the Services you must not have been convicted of any criminal offence or be subject to any court order relating to assault, violence, sexual misconduct or harassment. By using the Website and/or the Services, you represent and warrant that you do not have a previous or pending criminal conviction relating to any such offence, that you are not subject to any such court order and that you are not required to register as a sex offender with any government entity. A breach of this clause constitutes a material breach of the Agreement.
5.1 Our website is a communication platform which offers its services to users for recreational and entertainment purposes only. We offer like-minded people to chat/interact with each other. However, we do not guarantee that you will find a date or a chatting partner on our website. You shall not be allowed to meet in person any user who you have met through our services and your communications on our website/services are solely for your entertainment. Access to lustrummet.se is provided within the existing technical and operational possibilities by the access authorization (nickname and personal password).
5.2 The retrieval of content from lustrummet.se is free. Using chat and posting messages is available with costs to users where chat messages and posting messages are billed for with coins as in-platform currency.
5.3 lustrummet.se is entitled to exclude users from the system at any time without giving reasons; an obligation to refund amounts already paid does not exist.
5.4 The portal will be partially animated by the operator. This means that employees participate in chat under nicknames.
5.5 The user has to pay any charges incurred by the joint use or unauthorized use of his access authorization, if and insofar as he is responsible for such use.
5.6 The user is responsible for the content distributed within lustrummet.se by use of his access authorization. The user agrees insofar to release Minhemlighet.com from any claims by third parties.
5.7 Abusive practices within lustrummet.se are prohibited. Abuse includes, but is not limited to, when the user procures himself or tries to procure himself an advantage through unfair behavior of any kind, such as deception of other members.
5.8 lustrummet.se reserves the right to terminate the user contract without notice in the event of abusive practices, and to retain the right to keep any paid amounts of the user account. The user concerned has to reimburse the work involved by lustrummet.se.
6. USE OF THE WEBSITE:
6.1 Our website grants you a non-transferable, non-exclusive, license to use the Services solely for your personal, noncommercial use. If at any time our website reasonably believes in its sole discretion that you are using the Service beyond this scope, we may terminate your access to the Service with no additional liability to you.
6.2 The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
6.3 Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.
7.1 The fee schedule displayed in the program applies. In order to avail our services you shall be required buy credits from us using your valid debit or credit card. Once we have confirmed receipt of your payment, we will credit your account with the number of credits purchased. If we receive payment for an incorrect amount or non-specified currency payments, we reserve the right to credit your account with a pro-rated number of credits based on the funds received, converted to the specified currency at a reasonable market exchange rate at the time of processing. You shall not be allowed to avail our services if you run out of credits. Thus, you shall be required to purchase the credits again in order to avail our services. All your purchases (including purchasing credits) hereunder shall be non-refundable.
7.2 The billing of usage-based fees is based on the fees applicable to the type of usage within the fee schedule chosen by the user.
7.3 The identification of the user for the accounting procedure is made via the billing provider Ogone GmbH, Technoparkstrasse 1, 8005 Zurich/ Switzerland.
7.4 Our website uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
7.5 We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
7.6 Our website reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by user with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
7.7 Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever.
7.8 Our website stores bank information of the users in order to make it easier for them to just click and pay without entering the details every time they avail our services. All transactions are completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
7.9 Our website may increase its fees for services from time to time with or without prior notice, should market trends or the exchange rates change. This price increase will be effective on the first day of a Renewal Term and if the user does not give a notice of non-renewal, the user shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
7.10 Our website reserves the right to recover the cost of services, collection charges and lawyers' fees from persons using the website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful act or acts or omissions in breach of these terms and conditions.
7.11 We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
8. USER CONTENT:
8.1 You retain your rights to any Content you publish or post via/on our website. You are solely responsible for all of your User content and you hereby recognize and affirm that our website is merely providing you the means to chat with other users. Accordingly, you shall be solely responsible for each of your User content and the consequences of sharing/posting them via our website.
8.2 Although our website has no obligation to remove, screen, edit, or monitor any Content, our website reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User content at any time and for any reason without notice.
8.3 You are solely responsible for all of Your Content that you upload, post or distribute to, on or through our website, and to the extent permissible by law, we exclude all liability with respect to all User Content and the activities of its users with respect thereto. We do not claim any ownership of or control over any User/Member Content and assume no responsibility or liability for any Member Content whatsoever. You acknowledge and agree that we will have no liability for any loss or damage resulting from the publication of any Member Content you decide to post on or via the Website and/or through the Services. We will not be liable for any use or misuse of any Member Content by any other Member or third party.
8.4 By posting any User/Member Content on or via the Website and/or through the Services, you automatically grant us an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, worldwide licence to use, copy, modify, display and distribute such Member Content and to prepare derivative works of, or incorporate into other works, such Member Content for the purposes of operating and maintaining the Website and/or providing the Services. You hereby waive any moral rights which you may have in such Member Content In granting the licence contemplated by this clause, you represent and warrant that:
a) you are the owner of the Member Content that you post on or via the Website and/or the Services; and
b) the Member Content that you post on or via the Website and/or the Services does not infringe the Intellectual Property Rights of any third party
9. PROHIBITED USE/CONTENT:
9.1 You shall not post, host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women";
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the website or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products;
(p) solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another User's use and enjoyment of the website and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) shall not be false, inaccurate or misleading;
9.2 You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
9.3 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
9.4 You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.
9.5 You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
9.6 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
9.7 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
10. NO LIABILITY:
10.1 It is possible that any of the user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the website and thatother users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
10.2 We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS(Distributed Denial of Services).
10.3 You assume all risk when using the Website and/or the Services, including all risks associated with any online or offline interaction with other Members, including dating. You accept that we are unable to guarantee the accuracy of information provided to you by or about other Members and are under no obligation to verify that any Member is who he or she claims to be.
10.4 You agree to exercise all necessary care and precaution when communicating with individuals through the Website and/or the Services.
10.5 You are solely responsible for your interactions with other www.lustrummet.se Site users. You understand that our website currently does not conduct criminal background checks on its users. Our website also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. Our website makes no representations or warranties as to the conduct of users or their compatibility with any current or future user. Our website reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.
10.6 In no event shall our website be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, death, emotional distress, and/or any other damages resulting from communications or meetings with other users of our website Services, or our Site or persons you meet through our Site. You agree to take reasonable precautions in all interactions with other users of our Site or Services, particularly if you decide to meet offline or in person.
All right, title, and interest in and to the website (excluding postings/content provided by the users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of UNITED KINGDOM. Nothing in these Terms gives you a right to use the name of the website or websites trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website.
12. INTELLECTUAL PROPERTY OF COMPANY:
12.1 Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of lustrummet.se or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
12.2 The lustrummet.se names and logos and all related service and our slogans are the trademarks or service marks of the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
12.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by copyright laws of UNITED KINGDOM. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of UNITED KINGDOM. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by Copyright laws of UNITED KINGDOM.
12.4 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Your contact information, including your address, telephone number and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
12.5 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a users account if we determine that the user is a repeat infringer.
12.6 While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our website to do the same. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the information as stated in clause 12.4 above.
12.7 Notices regarding our website should be sent to: email@example.com (email address of our copyright agent to whom copyright infringement complaints can be filed).
12.8 We take the protection of our copyright very seriously. Thus, if we discover that you have infringed any of our copyright, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
13. REVIEWS, FEEDBACK, SUBMISSIONS:
13.1 All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
13.2 We are and shall be under no obligation (1) to maintain any feedback/Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain ( libellous ) or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
13.3 Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
14. LINKS TO THIRD PARTY SITES:
14.1 The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites.
14.2 You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
14.3 Linked Services created by third party developers may be available on, through or in connection with our Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Profile, or elsewhere on our Services, shared with other members and Users on our Services, otherwise accessed via our Services, or which may link to your Profile from outside of our Services.
14.5 In addition, the third party providing the Linked Service may use other parties to provide portions of the service to you, such as technology, development or payment services. We may have limited control or no control at all over the content, operations, policies, terms, or other elements of Linked Service, and we do not assume any obligation to review any Linked Service. We do not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising, information, materials, products, services, or other items.
14.6 We are not responsible for the quality or delivery of the services offered, accessed, obtained by or advertised at such Linked Services and make no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). We encourage you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third party with whom you are interacting.
14.7 Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services. Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service so we encourage you to review them carefully.
15.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
15.2 Without limiting the foregoing, we may close, suspend or limit your access to our website:
* if we determine that you have breached, or are acting in breach of, this Agreement;
* if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
* if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
* to manage any risk of loss to us, a User, or any other person; or
* For other similar reasons.
15.3 In order to protect the integrity of the Service, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing our Site.
16. CLOSING YOUR ACCOUNT:
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
17. LIMITATION OF LIABILITY:
17.1 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
17.2 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY OF THE WEBSITE ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
17.3 IF ANY OF THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU BECAUSE YOU ARE ACCESSING WEBSITE FROM A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.
18. GOVERNING LAWS AND JURISDICTION:
18.1 These Terms and any action related thereto will be governed by the laws of UNITED KINGDOM / SWITZERLAND without regard to or application of its conflict of law provisions or users state or country of residence.
18.2 Users agree to submit to the exclusive jurisdiction of the courts in UNITED KINGDOM / SWITZERLAND in relation to proceedings arising out of this agreement.
19. DISPUTE RESOLUTION:
19.1 In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration.
19.2 Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
19.3 Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms.
19.4 YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21.3 You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website and/or the Services.
21.1 By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
21.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
21.3 Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent. As proof of service, it is sufficient that:
(a) the email was sent to the specified email address.
23. SPECIAL ADMONITIONS FOR INTERNATIONAL USE:
24. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
25.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
25.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each partys permitted successors and assigns.
27. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
27.1 The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We may make improvements and/or changes in the Service at any time. Our website does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Our website does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that our website shall not be responsible for unauthorized access to or alteration of your data.
27.2 OUR WEBSITE MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, SUITABILITY, TIMELINESS, AVAILABILITY, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. OUR WEBSITE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL OUR WEBSITE BE LIABLE FOR ANY INDIRECT, DIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OUR WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY PART OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL (SEE TERMINATION CANCELLATION) AND DISCONTINUE USING THE SERVICE.
29. LEGAL COMPLIANCE:
28.1 In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
28.2 You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in UNITED KINGDOM and all other countries.
28.3 You should comply with country, state and federal regulations.
30. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
31. CONTACT US:
For any further clarification of out Terms and Conditions or any of our services, please write to us at firstname.lastname@example.org.
The new General Data Protection Regulation EU 2016/679 (the GDPR) on the protection of personal data comes into force on 25 May 2018 and our preparations to comply with this are well underway here at Libera Group LP
Part of these efforts is to ensure that your personal data provided to our company is handled with accountability and transparency whilst in the meantime control is provided to you over how this data shall be used.
Through the present letter we notify you that we fully comply with GDPR, and we are at your disposal whenever you wish to explain to you the policies guidelines and systems that we use.
We welcome you to our services, and we assure you that full protection transparency and efficiency is served