1. Purpose
By accessing the
Likethree application or its website found at www.likethree.com, whether
through a mobile device, mobile application or computer (collectively, the
“Service”) you agree to be bound by these Terms of Use (this “Agreement”),
whether or not you create a Likethree account. If you wish to create a
Likethree account and make use of the Service, please read these Terms of Use.
Disclaimer:
Our website (likethree.com) and app Likethree create a forum for like minded
people to connect and communicate. We have no control over and bear no
responsibility whatsoever for the nature or content of any communications sent
between members. Any in person meetings arranged by members who have connected
through Likethree app or likethree.com are solely at the risk and discretion of
the members who have chosen to partake in such meetings and Likethree bears no
responsibility for the outcome of such meetings or any conduct or behaviour
related thereto.
By using this Service you acknowledge that you will have no claims or rights of
action against likethree.com whatsoever in respect of any acts arising from or
in connection with any face to face meetings or any communication or contact
that may take place between you and another member of Likethree or any other
person connected to a member of likethree.com. Additionally we reserve the
right to update these Terms of Use without notice, please check back from time
to time to stay updated.
2. Parties
The parties to these terms are:
2.1. Likethree (“us”, “we”, and “our”); and referred to as Company
2.2. An end user (including anyone who views the Service), anyone who uses our
Service (“you”).
3. Background
3.1. Our Service assists people to meet others with common interests for
personal dating (“permitted purpose”). To avoid doubt, the permitted purpose
does not include any commercial or business purpose or activity by anyone other
than us.
3.2. In consideration for providing you with a licence to use the Service, you
agree to only use the Service in accordance with these terms.
4. Licence
4.1. We grant you a personal and non assignable licence to use the Service.
4.2. Your licence is made up of the following:
4.2.1. this document;
4.2.2. our Privacy Policy; and
4.2.3. any other policy that we may publish on the Service from time to time.
4.3. You must only use the Service strictly on the terms of your licence, and
only for the permitted purpose.
4.4. A condition of this licence is that:
4.4.1. we may contact you by email for the purposes outlined in our Privacy
Policy;
4.4.2. you have never been convicted of a violent or sexual crime and you are
not a registered sex offender;
4.4.3. you may only establish and use one user account with the Service;
4.4.4. you are aged 18 years and over;
4.4.5. your use of the Service signifies your agreement to these terms (as
amended from time to time); and
4.4.6. you may not share your account with anyone else, except when your
account type is ‘Couple’ and the person you are sharing access with is a member
of your ‘Couple’
4.5. You must ensure that:
4.5.1. all information you provide us in registering to use the Service is true
and correct, and is at all times kept up to date; and
4.5.2. you comply with all applicable laws.
5. Personal Profiles
5.1. Our Service allows you to create a personal profile that is visible to
other users of the Service.
5.2. We may from time to time specify the fields which you may and must
complete in your personal profile.
5.3. We may in our absolute discretion refuse, suspend or cancel the
publication of a personal profile.
5.4. Where we allow you to post a personal profile (including any pictures) you
warrant that:
5.4.1. it fully complies with clause 8;
5.4.2. it is not unlawful;
5.4.3. it complies with any other policy we publish; and
5.4.4. it contains true and correct information to represent yourself, such as
name and age.
5.5. We may edit a personal profile for any reason that we deem (in our
absolute discretion) appropriate.
6. Messages and Communications
6.1. The Service provides a function to allow you to communicate with other
users of this Service.
6.2. You may communicate with other users as outlined in clause 6.1, either by
way of:
6.2.1. Message– an internal electronic messaging platform, which is
accessible from your account console;
6.2.2. Likes – an action which indicates your interest in another user of
the Service, and which is accessible from your account console;
6.3. Depending upon your level of membership to our Service we may restrict or
limit your ability to use communications facilities referred to in clause 6.2
above.
6.4. Communication with other users of the Service is subject to these terms,
including any rules or policies that we may introduce from time to time.
6.5. We may delete any form of communication where:
6.5.1. we suspect a breach of these terms;
6.5.2. where an account has been inactive for a period of time;
6.5.3. for any other reason that we deem appropriate at our unfettered
discretion.
6.6. Membership to one of our Services does not give you membership to any
other.
7. External links and Activities
7.1. We may provide you with links to external websites from the Service
(“External Links”), where you acknowledge that:
7.1.1. we do not endorse or recommend such websites;
7.1.2. such websites do not form part of our website;
7.1.3. we do not warrant that:
7.1.3.1. any information contained in such websites is true and correct;
7.1.3.2. these external websites do not contain viruses, trojans and other
malware.
7.2. We may promote, advertise or sponsor functions, events, travel packages,
offers, products, services, competitions or other activities that may be
conducted offline and may be conducted by other parties (“External
Activities”).
7.3. We may also provide you with External Links for the purpose of External
Activities, where we do you acknowledge that:
7.3.1. we do not endorse or recommend such External Activities or External
Links;
7.3.2. such External Activities or External Links do not form part of our
website and may be subject to separate terms and conditions;
7.3.3. you participate in any External Activities or use External Links at your
own risk;
7.3.4. we are not liable for any loss, damage or claim arising from External
Activities or External Links whether or not such External Activities or
External Links are provided by our contractors;
7.3.5. we do not warrant that:
7.3.5.1. any information contained in such websites activities or links is true
and correct;
7.3.5.2. these external do not contain viruses, Trojans and other malware.
8. Acceptable Use / Prohibited Conduct
You must not use the Service (or any services provided on the Service) to:
8.1. abuse, menace, harass, intimidate or stalk anyone;
8.2. break the law or allow another person to break the law;
8.3. damage property including intellectual property;
8.4. injure anyone;
8.5. mislead or deceive anyone including through the creation of ‘spoof’
websites;
8.6. facilitate the commission of a tort, or breach of contract;
8.7. allow for the misuse of anyone’s confidential information;
8.8. misuse or allow for the misuse of anyone’s personal information, sensitive
information or health information, as defined by the Privacy Act 1988;
8.9. facilitate or engage in any act or omission which is in contravention of
the laws regarding Spam including the Spam Act 2003;
8.10. interfere with someone else’s computer without their permission;
8.11. allow a minor to appear in, view or access material which is
inappropriate (or not classified for minors) for minors;
8.12. send or distribute any virus, worm, trojan or other malicious code;
8.13. send alter or create an electronic message (including spoofing) to
conceal the true identity of the person from whom it originates;
8.14. interfere with the proper operation of a websites, blog, newsgroup, forum
or chatroom;
8.15. use a remote system (such as a mail server or proxy server), without the
authorisation of the owner of it, for the transmission of data;
8.16. operate a service such as a mail server or proxy server, without proper
controls to prevent the use of the service by unauthorised third parties for
the transmission of data; 8.17. control or contribute to a Denial of Service
attack;
8.18. solicit users of the Service for anything other than the permitted
purpose;
8.19. send, display or publish material which:
8.19.1. is obscene or offensive;
8.19.2. is defamatory or potentially defamatory;
8.19.3. would contravene anyone’s intellectual property rights;
8.19.4. is likely to incite sexual, religious or racial hatred, violence,
discrimination or vilification;
8.19.5. contains images of persons other than yourself;
8.19.6. contains images of persons in uniform including emergency services and
military personnel; and despite anything to the contrary you must not procure
another person to do any of the things prohibited under these terms.
8.19.7. is intended to or is likely to harass, annoy, threaten or intimidate
any other members or other people or organisations. This includes but not
limited to images of firearms, weapons, knives and tools of torture.
8.20. If you are subjected to any behaviour which may constitute harassment or
abuse you shall report such conduct to likethree.com without delay.
9. Intellectual property
9.1. Subject to clause
9.2, any intellectual property created while using the Service vests solely
with the person who created it – but you grant us an unlimited, royalty
free licence to use and display anything which you create or post on the
Services.
9.2. Despite anything to the contrary you assign all intellectual property rights
in your personal profile to us – your personal profile is our property
and you may not use it other than on our Service.
9.3. You may not use any of our intellectual property (including everything on
our Service, our name, logo, or the content of our Service) without our prior
written approval.
9.4. You must notify us immediately if you become aware of any advertisement or
Personal Profile on the Services which infringes the intellectual property
rights of any third party.
9.5. You may not reproduce, retransmit, distribute, sell, publish, broadcast or
circulate, or in any way disclose the information contained on the Service or
received through the Service to anyone without our prior written approval.
9.6. For the purpose of these terms ‘intellectual property’ includes all
patents, copyright, registered designs, registered and unregistered trademarks,
trade secrets, logos, domain names, know how and confidential information and
all other intellectual property as defined in Article 2 of the Convention establishing
the World Intellectual Property Organisation of July 1967, whether created
before or after this agreement, whether existing in Australia or any other
country.
10. Acknowledgements
10.1. You acknowledge that:
10.1.1. the persons who use the Service are not our agents, partners, joint
venturers or authorised representatives – they are independent;
10.1.2. we do not endorse or warrant the content of any Personal Profiles,
advertisements, reviews or other content on the Service;
10.1.3. we do not have any ability to vet any other users of the Service;
10.1.4. you are solely responsible for any relations or involvement you enter
into with another user of the Service;
10.1.5. to the extent permitted by law we do not warrant that the content of
the Service is current or error free;
10.1.6. we do not offer any service levels for availability of the Service, and
the Service may not be available for various reasons including scheduled and
unscheduled maintenance;
10.1.7. connection to the internet poses risks, we cannot guarantee the
security of all information in your Personal Profile or your communications
such as email;
10.1.8. by accessing the Service, you may have access to visual images, verbal
and written descriptions and audio sounds of a sexually explicit and erotic
nature that is not suitable for anyone who is younger than 18 years of age or
who does not wish to be exposed to such materials;
10.1.9. you should not rely upon the content of the Service for any type of
advice;
10.1.10. you should never communicate financial information or publish your
address, email address or telephone number, or any other personally
identifiable information in any Personal Profile or anywhere else on the
Service;
10.1.11. we are not obliged to intervene in disputes between users of the
Service – but may do so at our absolute discretion.
10.2. You must accept use of the Service from us subject to these
acknowledgements, and none of them constitutes a defect in the Service.
10.3. You release us from all losses and claims in respect of, or out of, such
matters you acknowledge or their consequences.
11. Limitation of liability and indemnity
11.1. Consumer rights and remedies Important consumer information: You can
obtain full details of the consumer rights and remedies referred to in this
clause.
11.2. Rights and remedies for PDH goods and services If we supply you with
goods or services of a kind ordinarily acquired for personal, domestic or
household (‘PDH’) use or consumption you have extensive rights including
consumer guarantees and remedies. Nothing in this agreement limits those rights
and remedies in any way.
11.3.1. in relation to these goods, our liability for failure to comply with a
consumer guarantee (other than certain guarantees about ownership and undisturbed
use) is limited to: replacing the goods or supplying equivalent ones; repairing
the goods; paying the cost of replacing the goods or of acquiring equivalent
ones; or paying the cost of having the goods repaired; and
11.3.2. in relation to these services, our liability for failure to comply with
a consumer guarantee is limited to: supplying the services again; or paying the
cost of having the services supplied again.
11.4. Exclusion of implied terms and limitation of liability Important consumer
information: Nothing in this clause limits the consumer rights and remedies
referred to in clause 11.1 to 11.3 (inclusive). You can obtain full details of
those consumer rights and remedies from your local consumer protection agency.
Subject to clause 11.1 to 11.3 (inclusive):
11.4.1. Any representation, warranty, condition, guarantee or undertaking that
would be implied in this agreement by legislation, common law, equity, trade,
custom or usage or otherwise is excluded to the fullest extent permitted by
law.
11.4.2. We do not warrant or represent the performance, accuracy, reliability
or continued availability of the services or that the services will operate
free from faults, errors or interruptions.
11.4.3. We are never liable to you for: economic loss; business interruption;
loss of revenue, profits, actual or potential business opportunities or
contracts; anticipated savings; loss of profits; loss of data; indirect or
consequential loss; an act or omission by a party for whom we are not
responsible in law; a fault in or failure of a facility we do not control or
operate; any loss arising from circumstances beyond our reasonable control; or
our failure to continue to provide the services to you for any reason
whatsoever.
11.4.4. Otherwise, our maximum aggregate liability to you under, in connection
with or arising out of this agreement or our service to you (whether pleaded in
contract, tort, breach of statutory duty or on any other basis, whether arising
from acts or omissions, and whether in relation to damage or loss the risk of
which we were or should have been aware) is limited to the aggregate fees you
have actually paid to us over the last 12 months.
11.5. Indemnity To the greatest extent permitted by the law, and subject to
clauses 11.1 to 11.4, you indemnify us (on a full indemnity basis including all
legal costs and expenses) against any claim, loss or damage we suffer to the
extent that it arises from:
11.5.1. any act or omission of yours;
11.5.2. any breach of any law;
11.5.3. any breach of these terms;
11.5.4. any unauthorised use of a service offered by the Service – by you
or anyone using the Service.
12. Privacy
12.1. We may deal with your personal information in accordance with
our Privacy Policy as amended from time to time.
12.2. We may use your personal information for promotional and marketing or
registration improvement purposes until you request to opt out of receiving
such information.
12.3. You also consent to us sending you email to advise you of changes to the
Service or to market the Service, our services to you or the goods or services
of our advertisers.
12.4. Where you obtain personal information through the use of the Service, you
must destroy that personal information within a reasonable time after you have
used it for a purpose permitted by these terms.
12.5. In addition to our disclosure rights at law and those contained in our
privacy policy, we may disclose any personal information or other information
used, posted or sent through or on the Service to:
12.5.1. law enforcement;
12.5.2. any government or statutory authority;
12.5.3. any Court; and
12.5.4. our lawyers to advise and or defend us against any claim.
13. Termination / Suspension
13.1. In addition to any other right we have under these terms, we may
terminate or suspend your licence to use the Service at anytime:
13.1.1. where you fail to pay us money, where you make a payment through an
unauthorised or unlawful payment method or chargeback money you have paid us;
or
13.1.2. where you breach these terms; or
13.1.3. where we receive a complaint about you; or
13.1.4. for any other reason we deem appropriate;
13.2. Where your membership is terminated by us, you will not be entitled to a
refund of your fees paid or pro rata thereof. This clause shall not merge upon
termination of this agreement.
13.3. In addition to any other right of termination we may terminate your
licence to use our Service at anytime where we wish to discontinue our Service
or redevelop our Service.
13.4. You may terminate your account with us at anytime, but where you do, any
membership fees you have paid are forfeited, to the extent permitted by law.
14. Service
14.1. Either party may give notice:
14.1.1. by email through the Contact Us page on our Service;
14.1.2. by ordinary mail or hand delivery, in our case to the current postal
address indicated by our web Service contact details page – and in no
other way.
14.2. A notice is deemed to be served:
14.2.1. if it is mailed: before noon on the second business day after posting;
14.2.2. if it is emailed during business hours upon the email leaving the
sender’s mail server, and if outside business hours 9am on the next business
day;
14.3. Any notice that is given must be in the English language.
15. Severance
If any provision in this agreement is unlawful or inconsistent with any law,
then to the extent of the unlawful nature or inconsistency, that provision may
be severed from without affecting the remainder of the agreement.
17. Waiver
No right under these terms can be waived except by notice in writing signed by
the party waiving it. If a party overlooks a breach by the other party on one
or more occasions, it is not taken to have agreed to any future breach.
18. Variation
18.1. We may amend at any time without notice:
18.1.1. these terms; and
18.1.2. any other document which forms part of your licence to use our Service.
18.2. It is your responsibility to regularly review these terms.
19. General
19.1. Headings and footnotes are only for convenience. They are to be ignored
when interpreting the agreement.
19.2. A reference to the singular includes the plural and vice versa.
19.3. Where one thing is said to include one or more other things, it is not
limited to those other things.
19.4. There is no significance in the use of gender-specific language.
19.5. A “person” includes any entity which can sue and be sued.
19.6. A “person” includes any legal successor to or representative of that
person.
19.7. A reference to a law includes any amendment or replacement of that law.
20. Creating an Account
In order to use Likethree, you must sign in using your Facebook login. If
you do so, you authorise us to access and use certain Facebook account
information, including but not limited to your public Facebook profile and
information about Facebook friends you might share in common with other
Likethree users.
21. Term and Termination
This Agreement will remain in full force and effect while you use the Service
and/or have a Likethree account. You may disable your account at any time, for
any reason, by following the instructions in “Settings” in the Service. The
Company may terminate or suspend your account at any time without notice if the
Company believes that you have breached this Agreement, or for any other
reason, with or without cause, in its sole discretion. Upon such termination or
suspension, you will not be entitled to any refund of unused fees for in app
purchases. The Company is not required to disclose, and may be prohibited by
law from disclosing, the reason for the termination or suspension of your account.
After your account is terminated for any reason, all terms of this
Agreement survive such termination, and continue in full force and effect,
except for any terms that by their nature expire or are fully satisfied.
22.
Non-commercial Use by Users
The Service is for personal use only. Users may not
use the Service or any content contained in the Service (including, but not
limited to, content of other users, designs, text, graphics, images, video,
information, logos, software, audio files and computer code) in connection with
any commercial endeavors, such as (i) advertising or soliciting any user to buy
or sell any products or services not offered by the Company or (ii) soliciting
others to attend parties or other social functions, or networking, for
commercial purposes. Users of the Service may not use any information obtained
from the Service to contact, advertise to, solicit, or sell to any other user
without his or her prior explicit consent. Organisations, companies, and/or
businesses may not use the Service or the Service for any purpose except with
Likethree’s express consent (such as for promoted profiles or other
advertisements), which Likethree may provide or deny in its sole discretion.
The Company may investigate and take any available legal action in response to
illegal and/or unauthorised uses of the Service, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of
sending unsolicited email and unauthorised framing of or linking to the
Service.
23. Account Security
You are responsible for maintaining the
confidentiality of the username and password you designate during the
registration process, and you are solely responsible for all activities that
occur under your username and password. You agree to immediately notify the
Company of any disclosure or unauthorised use of your username or password or
any other breach of security and ensure that you log out from your account at
the end of each session.
24.
Your Interactions with Other Users and Objectionable Content.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.
YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL
BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES
NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO
VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS
OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY
CURRENT OR FUTURE USERS. THE COMPANY 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.
2.
The
Company is not responsible for the conduct of any user. In no event shall the
Company, its affiliates or its partners be liable (directly or indirectly) for
any losses or damages whatsoever, whether direct, indirect, general, special,
compensatory, consequential, and/or incidental, arising out of or relating to
the conduct of you or anyone else in connection with the use of the Service
including, without limitation, death, bodily injury, emotional distress, and/or
any other damages resulting from communications or meetings with other users or
persons you meet through the Service. You agree to take all necessary
precautions in all interactions with other users, particularly if you decide to
communicate off the Service or meet in person, or if you decide to send money
to another user. You understand that the Company makes no guarantees, either
express or implied, regarding your ultimate compatibility with individuals you
meet through the Service. You should not provide your financial information
(for example, your credit card or bank account information), or wire or
otherwise send money, to other users.
3.
Proprietary
Rights. The Company owns and retains all proprietary rights in the Service, and
in all content, trademarks, trade names, service marks and other intellectual
property rights related thereto. The Service contains the copyrighted material,
trademarks, and other proprietary information of the Company and its licensors.
You agree to not copy, modify, transmit, create any derivative works from, make
use of, or reproduce in any way any copyrighted material, trademarks, trade
names, service marks, or other intellectual property or proprietary information
accessible through the Service, without first obtaining the prior written
consent of the Company or, if such property is not owned by the Company, the
owner of such intellectual property or proprietary rights. You agree to not
remove, obscure or otherwise alter any proprietary notices appearing on any
content, including copyright, trademark and other intellectual property
notices.
4.
Content
Posted by You in the Service:
You are solely
responsible for the content and information that you post, upload, publish,
link to, transmit, record, display or otherwise make available (hereinafter,
“post”) on the Service or transmit to other users, including text messages,
chat, videos (including streaming videos), photographs, or profile text,
whether publicly posted or privately transmitted (collectively, “Content”). You
may not post as part of the Service, or transmit to the Company or any other
user (either on or off the Service), any offensive (including public nudity),
inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating,
harassing, racially offensive, or illegal material, or any material that
infringes or violates another person’s rights (including intellectual property
rights, and rights of privacy and publicity). You represent and warrant that
(i) all information that you submit upon creation of your account, including
information submitted from your Facebook account, is accurate and truthful and
that you will promptly update any information provided by you that subsequently
becomes inaccurate, incomplete, misleading or false and (ii) you have the right
to post the Content on the Service and grant the licenses set forth below.
You understand and agree
that the Company may, but is not obligated to, monitor or review any Content
you post as part of a Service. The Company may delete any Content, in whole or
in part, that in the sole judgment of the Company violates this Agreement or
may harm the reputation of the Service or the Company.
5.
By
posting Content as part of the Service, you automatically grant to the Company,
its affiliates, licensees and successors, an irrevocable, perpetual,
non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and
license to (i) use, copy, store, perform, display, reproduce, record, play,
adapt, modify and distribute the Content, (ii) prepare derivative works of the
Content or incorporate the Content into other works, and (iii) grant and
authorise sublicenses of the foregoing in any media now known or hereafter
created. You represent and warrant that any posting and use of your Content by
the Company will not infringe or violate the rights of any third party.
6.
The
following is a partial list of the kind of Content that is prohibited in the
Service. You may not post, upload, display or otherwise make
available Content that:
- that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
- advocates harassment or intimidation of another person;
- requests money from, or is intended to otherwise defraud, other
users of the Service;
- involves the transmission of “junk mail”, “chain letters,” or
unsolicited mass mailing or “spamming” (or “spimming”, “phishing”,
“trolling” or similar activities);
- promotes information that is false or misleading, or promotes
illegal activities or conduct that is defamatory, libelous or otherwise
objectionable;
- promotes an illegal or unauthorised copy of another person’s
copyrighted work, such as providing pirated computer programs or links to
them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated images, audio or video, or
links to pirated images, audio or video files;
- contains video, audio photographs, or images of another person
without his or her permission (or in the case of a minor, the minor’s
legal guardian);
- contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or
other illegal manner, or solicits personal information from anyone under
the age of 18;
- provides instructional information about illegal activities such as
making or buying illegal weapons or drugs, violating someone’s privacy, or
providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or
other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or
association with, any person or entity;
- provides information or data you do not have a right to make
available under law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to “scroll”
faster than other users are able to type, or otherwise negatively affects
other users’ ability to engage in real time exchanges;
- solicits passwords or personal identifying information for
commercial or unlawful purposes from other users or disseminates another
person’s personal information without his or her permission; and
- publicises or promotes commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
- The Company reserves the right, in its sole discretion, to
investigate and take any legal action against anyone who violates this
provision, including removing the offending communication from the Service
and terminating or suspending the account of such violators.
5.
Your
use of the Service, including all Content you post through the Service, must
comply with all applicable laws and regulations. You agree that the Company may
access, preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access, preservation or
disclosure is reasonably necessary, such as to: (i) comply with legal process;
(ii) enforce this Agreement; (iii) respond to claims that any Content violates
the rights of third parties; (iv) respond to your requests for customer service
or allow you to use the Service in the future; or (v) protect the rights,
property or personal safety of the Company or any other person.
6.
You
agree that any Content you place on the Service may be viewed by other users
and may be viewed by any person visiting or participating in the Service.
10.
Prohibited
Activities. The Company reserves the right to investigate, suspend and/or
terminate your account if you have misused the Service or behaved in a way the
Company regards as inappropriate or unlawful, including actions or
communications the occur off the Service but involve users you meet through the
Service. The following is a partial list of the type of actions that you may
not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any users.
- post any Content that is prohibited by Section 4.
- “stalk” or otherwise harass any person.
- express or imply that any statements you make are endorsed by the
Company without our specific prior written consent.
- use the Service in an illegal manner or to commit an illegal act;
- access the Service in a jurisdiction in which it is illegal or
unauthorised;
- ask or use users to conceal the identity, source, or destination of
any illegally gained money or products.
- use any robot, spider, Service search/retrieval application, or
other manual or automatic device or process to retrieve, index, “data
mine”, or in any way reproduce or circumvent the navigational structure or
presentation of the Service or its contents.
- collect usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Service.
- interfere with or disrupt the Service or the servers or networks
connected to the Service.
- email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted to or through the Service
(either directly or indirectly through use of third party software).
- “frame” or “mirror” any part of the Service, without the Company's
prior written authorisation.
- use meta tags or code or other devices containing any reference to
the Company or the Service (or any trademark, trade name, service mark,
logo or slogan of the Company) to direct any person to any other website
for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service
any software used on or for the Service, or cause others to do so.
- post, use, transmit or distribute, directly or
indirectly, (e.g. screen scrape) in any manner or media any content or
information obtained from the Service other than solely in connection with
your use of the Service in accordance with this Agreement.