WWW.METROSINGLES.COM – TERMS & CONDITIONS
Last
amended on August 23rd 2006
MetroSingles.com
is an online personals service that provides a way for adults to meet
each other (the "Service"). These terms and
conditions form a legally binding Agreement between you (“You,
Your, Yourself”) and Metro Universe LLP (“We, Us, Our”),
the supplier of the Service. They apply to You whether or not You
have paid for Our Service.
We
are Metro Universe LLP, registered number OC317079, Our registered
office is at Greenwood House, 4-7 Salisbury Court, London, EC4 8BT.
If
You do not agree with the terms and conditions of this Agreement
(“the Terms”), please leave the Website immediately. We
may change these Terms at any time by Posting changes online. Your
continued use of the Website after changes are Posted means You agree
to be legally bound by these Terms as amended and updated.
1.
DEFINITIONS AND MEANINGS
The
following words have the following meanings unless the context
requires otherwise:
Agreement
means the Agreement between You and Us incorporating these Terms for
the provision of the Service;
Information
includes without limit all software, content, data, text,
photographs, graphics, sound and video;
Intellectual
Property Rights means all patents, database rights, copyright,
design rights (whether registered or unregistered), trade marks
(whether registered or unregistered) and other similar rights
wherever existing in the world together with the right to apply for
protection of the same;
Liability
means the liability of any nature for any and all damages, claims,
proceedings, actions, awards, expenses, costs and any other losses
and/or liabilities;
Member
means any person whose Membership has been accepted by Us, such
acceptance being Notified by Us to You via email, and whose
Membership remains valid and “Membership” shall be
construed accordingly ;
Notify
means, unless otherwise stated in the Terms, in the case of Notices
sent from You to Us, Notification in writing by email to
admin@metrosingles.com or in writing by post to Our registered
office or in Our case by email or post to Your last known address or
fax to the number provided by You or by Posting on the My Page
section of the Website and “Notice”, “Notification”
and “Notified” shall be construed accordingly;
Post
means display, exhibit, publish, distribute, transmit, submit and/or
disclose Information on or in connection with the Service, and
“Posted” and “Posting” shall be construed
accordingly;
Profile
means the section of the Service containing details, photographs
and/or other Information about You;
Promotion
means a period of time when a limited offer of features and
functions are available to platinum Members of the service for a
reduced cost and “Promotional Period” shall be construed
accordingly;
Purpose
means to provide a forum via the Website for Members to Post
information about themselves and to allow Members to make contact
with other Members through the Service should they choose to do so;
Service
means the service provided by Us to You including, but not limited
to, Us allowing You to browse the Website, contact and/or be
contacted by other Members through the Website and/or Post
Information on the Website;
User
means any person who browses the Website;
Website
means Our website at URL www.metrosingles.com (or such other URL
that We may use to provide the Service from time to time);
2.
ELIGIBILITY
The
Service is only available to Users currently residing in the United
Kingdom (“the Territory”). If you are not a resident in
the Territory you may not become a Member.
You
must be 18 years old or over to register as a Member OurWebsite..
You
undertake that Your Membership is for Your , personal use.
You
represent and warrant that You have the right, authority and
capacity to enter into this Agreement and to abide by the terms and
conditions of this Agreement.
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3.
SUBSCRIPTION COST AND SCOPE OF SERVICE
You
may become a ‘Standard’ Member of the Service at no
cost.
You
may become a ‘Platinum’ Member of the service by payment
of a subscription fee (“the Initial Fee”) as listed on
the [My Account Page] for membership for an initial subscription
period of [how long will this be?] (“Initial
Subscription Period”).
Following
the expiration of the Initial Subscription Period there will be a
recurring charge (“Recurring Charge”) [payable by
monthly Direct Debt?]. You will be Notified on becoming a
Member of the amount of the Recurring Charge.
When
You enter into this Agreement You accept responsibility for all
Recurring Charges prior to cancellation and authorise Us to levy
such charges.
You
will pay the Initial Fee and Recurring Charge until You provide
Notice that You have terminated this authorisation or wish to change
Your payment method. Such Notice will not affect charges submitted
before We reasonably could act to terminate Your authorisation or
change Your payment method and the provisions of clauses 5 and 9
apply.
‘Standard’
Members have the ability use limited features and services available
within the Service and ‘Platinum’ members can access
additional features and services. A full list of features available
to both Standard and Platinum Members is available on the My Account
page of the Website;
You
may only obtain the ability to communicate with other Members by
becoming a ‘Platinum’ Member.
We
reserve the right to change the fees for the Service at any time but
We will give You at least [7] days Notice of this before We do so.
If You are unhappy with any changes to the Recurring Charge You may
terminate Your Membership by giving Notice to Us in accordance with
clause 9.
4.
BILLING INFORMATION
You
must ensure that Your billing account details are complete and
update
all Information to keep Your billing account current, complete and
accurate (such as a change in billing address, credit card number,
or credit card expiration date). You must immediately Notify Us if
You have cancelled your payment method (e.g., for loss or theft) or
if You become aware of a potential breach of security, such as the
unauthorised disclosure or use of Your user name or password.
You
will be charged for any use of the Service under Your billing
account unless You have given us Notice of termination of Your
Membership in accordance with Clause 9.
Should
You apply for Membership You agree to be bound by these Terms for
the provision of the Service. If You are a User, who is not a
Member, Your use of the Website constitutes Your Agreement to be
bound by these Terms insofar as they are relevant to use of the
Website by non-Members.
These
Terms (as amended by Us from time to time) shall apply to the
exclusion of any other terms or conditions and You agree to abide by
them.
You
may not authorise others to use Your Membership and You may not
assign, or otherwise transfer Your Membership to any other person or
entity.
Our
sub-contractors, employees and/or agents are not authorised to make
any representations or warranties concerning the Service unless
confirmed by Us in writing.
You
agree that you do not rely on any representation and/or warranty
that has not been made in accordance with these Terms.
We
reserve the right to monitor and at Our discretion remove any
Information Posted by You.
We
shall have the right at Our discretion to refuse to grant
applications for Membership and to terminate Memberships at any
time.
No
application for Membership shall be deemed to be accepted by Us
until You have received Notice from Us confirming such acceptance
Your Membership.
5.
PRICE AND PAYMENT
The
price plans for the Service and any variations shall be as shown on
the My Account page on the Websiteand are payable in Pounds
Sterling.
Our
prices are inclusive of any applicable VAT.
You
shall pay all sums due to Us under this Agreement by the payment
means specified in the Website and without any set-off, deduction,
counterclaim and/or any other withholding of monies. Any applicable
banking charges on such payments shall be borne by You.
Payment
shall not be deemed to be made until We have received either cash or
cleared funds in respect of the full amount outstanding.
Unless
otherwise stated in this Agreement, all monies paid by You to Us are
non-refundable.
You
will not be able to contact other Members or read and reply to other
Members' messages until We have received payment.
6.
MEMBERSHIP REGULATIONS
You
will not:
Post
Your or any other person’s personal contact details such as a
telephone number, fax number, address and/or e-mail address or URL
in Your Profile or any other Information which would enable other
Members and/or Users to contact You or any other person directly;
Post
any junk mail, spam, chain letters, pyramid schemes or any similar
or fraudulent schemes or any form of solicitation which We consider
inappropriate, or collect responses to any such schemes or
solicitation;
Post
any Information which in Our opinion is sexually explicit, vulgar,
indecent, racist, abusive, invasive of another’s privacy,
offensive, harmful, threatening, harassing, stalking, inflammatory,
sexually suggestive, defamatory and/or obscene;
Post
any Information which in Our opinion is capable of offending
others’ political and/or religious beliefs.
use
the Service to promote another site, service and/or business in any
way including but not limited to Posting any telephone number, fax
number, address and/or e-mail address or URL in Your Profile.
solicit
other Members' business, advertise, buy or sell products and/or
services through the Service.
use
the Service or any Information Posted on the Service for any
purpose other than the Purpose.
attempt
to gain unauthorised access to any Information available on or via
the Service or to any of the networks used in providing the
Service.
post
Information which breaches, infringes, violates and/or is contrary
to any law, by-law, statute and/or regulation or code of conduct or
any other parties' rights (including but not limited to
Intellectual Property Rights and/or privacy rights).
Any
information we believe infringes this clause will be removed.
You
further agree to indemnify Us and keep us Indemnified from and
against all costs, claims, demand, liabilities, expenses, damages or
losses (including without limitation any direct or indirect
consequential losses, loss of profit and loss of reputation, and all
interest, penalties and legal and other professional costs and
expenses) arising out of or in connection with a breach of this
clause 6.
You
will not copy, in whole or in part any of the Information on the
Website (including, but not limited to any Information contained in
other Members’ Profiles) other than for the Purpose.
7.
SAFETY AND SECURITY
Your
username and password are personal to You and are not transferable.
You are responsible for keeping them secure and for any use of the
Service including any activities by anyone using Your username and
password.
You
should protect against unauthorised access to Your computer. Please
ensure that You sign off when You finish using a shared computer.
You
must Notify Us immediately of any apparent breach of security such
as loss, theft, or unauthorised disclosure or use of a username or
password and in such cases You should immediately amend Your
password using the Service.
8.
YOUR PROFILE
You
acknowledge that other Users will be able to view Your Profile.
You
acknowledge that Profile visibility functions only apply to user
Profile searches; Users may still access Your Profile if they know
Your Profile ID.
We
may copy and/or reproduce any Information Posted by You on the
Website in any form and in any manner We wish.
If
You Post and/or disclose to other Users any confidential, sensitive
or personal Information about Yourself then You do so entirely at
Your own risk.
You
will be able to view the details and profiles of other Members.
You
warrant and represent to Us that all Information Posted by You is
accurate, true, complete and is not misleading.
You
warrant and represent to Us that Information Posted by You will be
regularly updated by You so that it remains accurate, true, complete
and not misleading.
We
reserve the right to review Your Profile from time to time and to
amend and/or delete it if We, in Our discretion, think that it
should be amended and/or deleted.
9.
CANCELLATION / TERMINATION / SUSPENSION
You
may terminate Your Membership at any time, upon giving Us Notice by
completing the cancellation of Membership form on the Website. In
such case You will not be entitled to any refund of monies paid.
[when does this take effect?]
We
may terminate Your Membership at any time, without cause, upon
giving You Notice. If so We will refund pro rata any Recurring
Charge already paid.
We
may terminate at any time if:
You
fail to make any payment to Us when due;
You
breach the terms of this Agreement;
You
fail to provide Us, within the time limit requested by Us, with
sufficient Information to enable Us to determine the accuracy
and/or validity of any Information Posted by You;
In
Our opinion any Information Posted by You is damaging or
potentially damaging to Our business or Members or Users;
On
such termination You will not be entitled to a refund of any Initial
Fee or Recurring Charge already paid.
You
may cancel Your application for Membership by giving Us written
notice within 7 working days of making Your application for
Membership. We will refund credit card payments by credit card
refund. However, this right of cancellation does not apply once You
have started to use Our Service by sending or reading (opening)
messages from other Members.
10.
PERSONAL DATA
Personal
Information collected from You is subject to Our Privacy Policy,
which is available on Our Website and forms part of these Terms and
Conditions;
You
consent to the use of all Information Posted by You on Your Profile
for the Purpose.
11.
INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
All
Intellectual Property Rights used or created in connection with the
Service shall be owned by Us.
You
may link to the Website but You may not include the Service in part
or in whole within another external Website without Our prior
written consent.
You
warrant and represent to Us that the Information Posted in Your
Profile is Posted by You and that You are the sole author of Your
Profile. You assign to Us with full title guarantee all copyright in
Your Profile.
You
waive absolutely any and all moral right to be identified as author
of Your Profile and any similar rights in any jurisdiction.
You
agree that You will keep confidential and not use, except for the
Purpose of this Agreement, any and/or all Information relating to
the Service which may be disclosed to You or which You may learn,
except where such Information is public knowledge or it is required
to be disclosed by law.
We
will use Our reasonable endeavours to keep Your personal details
such as Your surname, e-mail address and credit card number(s)
(where relevant) confidential and will not disclose such
Information, except where such Information is public knowledge or it
is required to be disclosed by law.
12.
PROVISION OF THE SERVICE AND FUNCTIONING OF THE SERVICE
The
Service is provided in its current form and We do not guarantee or
warrant that the Service, or any element of the Service will meet
Your requirements, purpose and/or expectations.
We
do not guarantee or warrant that any of the Information provided in
or via the Service is accurate or reliable. You rely on it at Your
own risk.
Due
to the nature of the internet, We do not provide any warranty or
guarantee in respect of the Service, results, availability, and/or
uninterrupted use of the Service except that We will use Our
reasonable endeavours to rectify serious faults as soon as
reasonably practicable .
We
reserve the right to make changes to the Service provided that they
do not have a material adverse effect on the quality of the Service.
We
reserve the right to suspend the Service without notice for repair,
maintenance or other technical reasons.
Access
to the Website may be suspended temporarily and without Notice in
the case of system failure, maintenance or repair for any reason
beyond our control.
13.
USE OF SERVICE
The
Website is a forum for Members to Post Information about themselves
and to allow You to make contact with other Members through use of
the Service if You choose to do so.
You
should not assume that the Information contained in any Profile is
necessarily correct and accurate. We do not have an opportunity to
check that the profiles are correct and not misleading. We do not
make any representation or warranty that the Information contained
in any Profile is accurate and We are not under any obligation to
verify any Information contained in any Profile. Before acting on
any Information contained in any Profile or on any Information
received by You through Your use of the Service, You should at Your
own expense, carry out such investigation as You think is necessary
to satisfy Yourself of the truth and accuracy of such Information. A
person may not be who he or she claims to be. If You arrange any
meetings with any person through Your use of the Service then You do
so at Your own risk. You should take reasonable precautions to
ensure Your safety.
You
must comply with Our reasonable instructions concerning use of the
Service.
You
must Notify Us immediately if You become aware of any inappropriate
behaviour in connection with the Service.
We
are entitled to delete messages stored on the Service after 160
days. We may also delete messages immediately upon exercising any
right of suspension in this Agreement or in accordance with Clause 6
or upon termination of Your Membership.
14.
THIRD PARTY WEBSITES
15.
LIMITATIONS ON LIABILITY
Nothing
in this Agreement shall exclude or limit Our Liability for death or
personal injury caused by Our negligence or fraudulent
representation. Subject to this clause, other than expressly
provided in these Terms, any indemnities, warranties and conditions
(whether express or implied) are excluded to the fullest extent
possible by law.
We
shall have no Liability for any defect in the Service caused or
contributed to by You and/or any other Member.
We
shall have no Liability to You if any monies owed by You to Us have
not been paid in full by the due date for payment.
You
shall give Us a reasonable opportunity to remedy any matter for
which We are liable before You incur any costs and/or expenses in
remedying the matter Yourself. If You do not do so We shall have no
Liability to You.
You
shall produce to Us written evidence of any claims for which it is
alleged that We are liable together with written details of how any
loss was caused by Us and the steps You have taken to mitigate the
loss before We shall have any Liability for the claim by You.
We
shall have no Liability to You to the extent that You are covered by
any policy of insurance and You shall ensure that Your insurers
waive any and all rights of subrogation they may have against Us.
We
shall have no Liability to You arising out of Your use of the
Service and/or Your reliance on any Information Posted by other
Members.
It
is possible for other Users and/or unauthorised users to obtain and
misuse Information about You as a result of Your use of the Service.
We shall have no Liability to You arising out of any Member's and/or
unauthorised User's misuse of Information Posted by You on the
Service and/or to other Members.
We
shall have no Liability to You for consequential, special or
indirect losses.
We
shall have no Liability to You for economic and/or other similar
losses (including, without limit, loss of revenues, profits,
contracts, business or anticipated savings.
We
shall have no Liability to You for damage to or loss of goodwill,
reputation or data.
You
shall be under a duty to mitigate any loss, damage, costs or
expenses that You may suffer.
Without
prejudice to the foregoing, Our total Liability to You under and/or
arising in relation to this Agreement for any one event or series of
events shall not exceed 5 times the amount paid by You for the
Service (if any) in the 12 months before the event(s) complained of
or the sum of £500, whichever is the higher.
Nothing
in this Contract shall exclude or limit any of Your statutory rights
to the extent that they cannot be excluded.
We
shall have no Liability to You for any delay in performance of this
Service and/or any other matters to the extent that such events
and/or matters are due to any events outside Our reasonable control
including but not limited to acts of God, war, flood, fire, labour
disputes, strikes, lock-outs, riots, civil commotion, malicious
damage, explosion, governmental actions and any other similar
events.
This
section (and any other clause excluding or limiting Our liability)
applies to Our partners, officers, employees, subcontractors, agents
and affiliated companies as well as to us.
16.
INDEMNITY
You
agree to indemnify and keep indemnified Us against any and all
losses, proceedings, lost profits, damages, awards, expenses, costs
(including increased administration costs and legal costs on a full
indemnity basis), claims, actions and any other losses and/or
liabilities suffered by Us and arising from and/or relating to any
breach by You of this Agreement, Information and/or other material
Posted on or via the Service by You and/or arising from or due to
any breach of contract, any tortious act and/or omission and/or any
breach of statutory duty by You.
17.
GENERAL
Headings
above are for guidance and not binding.
All
third party rights are excluded and no third parties shall have any
right to enforce this Agreement under the Contracts (Rights of Third
Parties) Act 1999 or otherwise.
No
waiver by Us of any breach of this Agreement shall be considered as
a waiver of any subsequent breach of the same provision or any other
provision.
We
will not be deemed to have waived any breach unless You have been
Notified by Us of such waiver.
This
Agreement contains the entire Agreement between You and Us. If any
provision of this Agreement is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the
other provisions of this Agreement and the remainder of the affected
provision shall be unaffected and shall remain in full force and
effect.
We
may assign and/or sub-contract all or part of Our rights or duties
under this Agreement. .
This
Agreement is governed by and interpreted in accordance with English
law and the parties agree to submit to the exclusive jurisdiction of
the English courts.
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