Website Terms & Conditions
Statement
These Terms and Conditions shall apply to Your use of the website located at www.facedivorce.com (“the Site”).
By using the Site You agree to be bound by the terms and conditions set out below. If You do not wish to be bound by these terms and conditions, You should not use the Site.
We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Site will be deemed an acceptance of the terms existing at that time.
As part of Our commitment to ensuring the Site is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact Us please use the Feedback Form on the Site.
1. Definitions
“You” means you, the user of the Site and “Your” shall be interpreted accordingly. “We/Us” means Facedivorce Ltd, 2nd Floor, 43 Broomfield Road, Chelmsford, Essex, CM1 1SY (Registration No: 7177345). and “Our” shall be interpreted accordingly. “Services” shall mean collectively the products, services, material, advertising and content provided by Us on the Site. “Site” shall have the meaning as set out above. “User Information” means the personal details which may be provided by You to Us via the Site. “Users” means the users of the Site collectively and/or individually as the context admits. “Website” means a site on the World Wide Web.
2. Provision of the Services
2.1 You acknowledge and agree that the form and nature of the Services which We provide may change from time to time without prior notice to you.
2.2 You acknowledge and agree that We may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to Users generally at Our sole discretion, without prior notice to You. You may stop using the Services at any time.
2.3 You acknowledge and agree that if We disable access to your account, You may be prevented from accessing certain Services, your account details or any files or other content which is contained in your account.
3. Acceptable Use
You agree that any use by You of the Site shall be in accordance with the following conditions:
3.1 In order to access certain Services, You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of Your continued use of the Services. You agree that any registration information you give to Us will always be accurate, correct and up to date.
3.2 You agree to use the Services only for purposes that are permitted by (a) these terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).
3.3 You will not post or transmit through the Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.
3.3 You will not post or otherwise make available on the Site any material which You do not own without the express permission of the owner of the material.
3.4 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever; any material on the Site except as is strictly necessary for your own personal non-commercial home use.
3.5 You will abide by the specific rules of any competition or promotion that You participate in on or via the Site
3.6 You will not do anything that affects the operability or security of the Site or causes unreasonable inconvenience or offence or disruption to our staff.
3.7 You agree that you are solely responsible for (and that We have no responsibility to You or to any third party for) any breach of Your obligations under these terms and for the consequences (including any loss or damage which We may suffer) of any such breach.
4. Third Party Websites
4.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or Services You access through the Site and that We may have no control over any Websites or resources provided by companies or persons other than Us.
4.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
4.3 Any dealings between You and any third party advertisers or merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
5. Intellectual Property
5.1 All copyright, trademarks and all other intellectual property rights in the Services shall remain at all times vested in Us or Our licensors. You are permitted to use the Services only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of the Services.
5.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
5.3 You acknowledge that by posting materials on the Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
6. Liability for and information provided on the Site
6.1 Material which is posted on any blogs, newsletter, forums, bulletin boards or featured company is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
6.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Site and Services, or for statements, advice and/or opinions made or given by Users on the blogs, newsletter, forums, bulletin boards or featured company (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
6.3 We will endeavour to provide the Site using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Site and Services and do not promise that the material contained in the Site and Services, or any of the functions contained in the Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
6.4 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence.
6.5 We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Site and Services. This shall include but not limited to:
(a) any indirect or consequential losses which may be incurred by You. This shall include any loss of profit, any loss of goodwill or business reputation, or any loss of data suffered by You;
(b) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Services and or Site;
(c) any changes which We may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(d) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Services;
(e) Your failure to provide Us with accurate account information;
(f) Your failure to keep Your password or account details secure and confidential;
7. Exclusion of Warranties
7.1 The Services are provided “as is” and We and Our licensors give you no warranty with respect to them.
7.2 In particular, We, Our Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
(A) Your use of the Services will meet Your requirements,
(B) Your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by You as a result of Your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
7.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in these terms.
7.4 Nothing in these terms shall affect those statutory rights which You are always entitled to as a consumer and that You cannot contractually agree to alter or waive.
8. Copyright and trade mark policies
It is Our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.
9. Privacy
9.1 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
9.2 You may be asked to input information about yourself on different pages of the Site. We will not use the information You provide to Us for any purpose that is not set out in Our Privacy Policy (www.facedivorce.com/privacy), other than as stated at each location where such information is requested.
9.3 Please write to the Data Protection Officer at Facedivorce Ltd 2nd Floor, 43 Broomfield Road, Chelmsford, Essex, CM1 1SY to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes or for any form of promotional contact.
9.4 In this Section 9 We means www.facedivorce.com which (i) is controlled by Facedivorce Ltd and for this purpose “Control” means the power of a person to secure that the affairs of another are conducted in accordance with its wishes and Controlled shall be construed accordingly.
10. Safety
We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Site with confidence. When using the Site, in particular any bulletin boards or chat forums, You should always take the following precautions:
10.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, email address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;
10.2 never meet with someone You meet online.
10.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.
11. Indemnity
If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Site.
12. Termination
12.1 We reserve the right immediately to terminate Your use of the Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.
12.2 If You want to terminate Your legal agreement with Us, You may do so by (a) notifying Us at any time and (b) closing your accounts for all of the Services which You use, where We have made this option available to You. Your notice should be sent, in writing to Us.
13. Feedback
Should You wish to make any comments to Us about the Site or if You have any questions relating to the same please contact Us using the Feedback Form on the Site.
14. Customer Area
Each registered user is responsible for the security and proper use of their user name and password and must not disclose either. It is each registered user’s responsibility to change their password immediately if they believe it has been compromised. It is also advisable to change these details frequently even if not considered compromised.
15. Advertisements
15.1 Some of the Services are supported by advertising revenue and may display advertisements, banners and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
15.2 The manner, mode and extent of advertising by Us on the Services are subject to change without specific notice to You.
15.3 In consideration for Us granting You access to and use of the Services, You agree that We may place such advertising on the Services.
16. General
16.1 Invalidity etc. If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
16.2 Governing Law. These terms and conditions and the Site are governed by English law. Disputes can be dealt with by the English courts.
16.3 Third Party Rights. These terms and conditions apply between Us and Users. No other person is entitled to benefit under these Terms and Conditions.
17. Corporate Information
Facedivorce Ltd (Registration No. 07177345). All of the companies mentioned in this paragraph are incorporated in England and Wales and share the same registered office at 2nd Floor, 43 Broomfield Road, Chelmsford, Essex, CM1 1SY
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