Last
updated
February 21, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are Enter To My World
, doing business as Enter To My
World
(
'Company', 'we', 'us', or
'our' )
, a company registered in
England
at 16 Coronation Hill
, Epping
, Essex
CM16 5DX
.
Our VAT number is
GB999 9999 99.
We operate
the mobile application Enter To My
World (the 'App' ) , as well as any
other related products and services that refer or link to these legal terms (the 'Legal Terms'
) (collectively, the 'Services'
).
You can contact us by phone at +44 07375637447 , email at
etmw.official@gmail.com , or by mail to 16 Coronation Hill
, Epping
, Essex
CM16 5DX
,
England
.
These Legal Terms constitute a legally
binding agreement made between you, whether personally or on behalf of an entity ( 'you' ), and Enter To My World ,
concerning your access to and use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of
any scheduled changes to the Services you are using. The modified Legal Terms will become
effective upon posting or notifying you by etmw.official@gmail.com
, as stated in the email message. By continuing to use the Services after the
effective date of any changes, you agree to be bound by the modified terms.
We recommend that you
print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use the Services. You may not use the Services in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics in
the Services (collectively, the 'Content' ), as well as the trademarks, service marks, and logos
contained therein (the 'Marks'
).
Our Content and Marks are protected by
copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or
through the Services 'AS IS'
for your personal, non-commercial use or internal
business purpose only.
Your use of
our Services
Subject to your compliance with these Legal Terms, including the
' PROHIBITED
ACTIVITIES
' section below, we grant
you a non-exclusive, non-transferable, revocable licence
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or
elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the
Services, Content, or Marks other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: etmw.official@gmail.com .
If we ever grant you the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or is visible
on posting, reproducing, or displaying our Content.
We reserve all rights not expressly
granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and contributions
Please review this section and the
' PROHIBITED ACTIVITIES
' section carefully prior
to using our Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the Services ( 'Submissions' ), you agree to
assign to us all intellectual property rights in such Submission. You agree that we shall
own this Submission and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online forums, and other
functionality during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services, including but
not limited to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material ( 'Contributions' ). Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of
the Services and possibly through third-party websites
.
When you post Contributions, you grant us a licence (including use
of your name, trademarks, and logos): By posting any Contributions, you
grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence
to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt
(in whole or in part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences
granted in this section. Our use and distribution may occur in any media formats and through
any media channels.
This licence includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions and/or posting Contributions
through any part of the Services or making Contributions accessible through the Services
by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
' PROHIBITED ACTIVITIES ' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and all
moral rights to any such Submission
and/or Contribution ; - warrant that any such Submission
are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely
responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any
and all losses that we may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
We may remove
or edit your Content: Although we have no obligation to monitor any Contributions,
we shall have the right to remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If
we remove or edit any such Contributions, we may also suspend or disable your account and report
you to the authorities.
Copyright
infringement
We respect the
intellectual property rights of others. If you believe that any material available on or through
the Services infringes upon any copyright you own or control, please immediately refer to the
'
COPYRIGHT INFRINGEMENTS
' section below.
By using the Services, you represent and
warrant that:
(1) all registration information
you submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information
as necessary;
(3) you have the legal capacity and you agree
to comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (
5) you will not access the Services
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any
illegal or unauthorised
purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
If you
provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current
or future use of the Services (or any portion thereof).
4. USER
REGISTRATION
You
may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We accept the following forms of
payment:
You agree to provide current, complete,
and accurate purchase and account information for all purchases made via the Services. You
further agree to promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your transactions
and contact you as needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall be in
US dollars .
You agree to pay all charges at the
prices
then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your
chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you
consent to our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until such time as you
cancel the applicable order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order
placed through the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or prohibit orders
that, in our sole judgement
, appear to be placed by dealers, resellers, or distributors.
6. CANCELLATION
If you are unsatisfied with our Services, please email us at etmw.official@gmail.com
or call us at +44 07375637447
.
7. SOFTWARE
We may include software for use in connection with our Services. If
such software is accompanied by an end user licence agreement ( 'EULA' ), the terms of the EULA will govern your use of the software.
If such software is not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable licence to use such software solely in connection with our services
and in accordance with these Legal Terms. Any software and any related documentation is
provided 'AS IS' without
warranty of any kind, either express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. You
accept any and all risk arising out of use or performance of any software. You may not
reproduce or redistribute any software except in accordance with the EULA or these Legal
Terms.
8. PROHIBITED
ACTIVITIES
You may not
access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial endeavours except those
that are specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
unauthorised framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear graphics interchange formats (
'gifs' ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms' - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except
as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorised script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences . - Use
the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating
endeavour or commercial enterprise. -
Use any kind of non-propietary material
9. USER
GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and
owner of or have the necessary
licences , rights, consents, releases, and permissions to use and to authorise - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are
not unsolicited or
unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are
not obscene, lewd, lascivious, filthy, violent, harassing,
libellous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your
rights to use the Services.
10. CONTRIBUTION
LICENCE
By
posting your Contributions to any part of the Services
or making Contributions accessible to
the Services by linking your account from the Services to any of
your social networking accounts
, you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and licence to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt (in whole
or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial, advertising,
or otherwise, and to prepare derivative works of, or incorporate into other
works, such Contributions, and grant and
authorise sublicences of the foregoing. The
use and distribution may occur in any media formats and through any media
channels.
This
licence
will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to
re-categorise any Contributions to place
them in more appropriate locations on the Services; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
11.
GUIDELINES FOR REVIEWS
We may provide you
areas on the Services to leave reviews or ratings. When posting a review, you must comply
with the following criteria: (1) you should have firsthand experience with the person/entity
being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to illegal
activity; (5) you should not be affiliated with competitors if posting negative reviews; (6)
you should not make any conclusions as to the legality of conduct; (7) you may not post any
false or misleading statements; and (8) you may not
organise a campaign encouraging others to post reviews,
whether positive or negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute all
content relating to review.
12.
MOBILE APPLICATION LICENCE
Use Licence
If you access the
Services via the App, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the App on wireless electronic devices owned or controlled
by you, and to access and use the App on such devices strictly in accordance with the terms
and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any applicable laws,
rules, or regulations in connection with your access or use of the App; (4) remove, alter,
or obscure any proprietary notice (including any notice of copyright or trademark) posted by
us or the licensors of the App; (5) use the App for any revenue-generating endeavour , commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App
available over a network or other environment permitting access or use by multiple devices
or users at the same time; (7) use the App for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use
the App to send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the App.
Apple and
Android Devices
The following terms
apply when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor' ) to access
the Services: (1) the licence
granted to you for our App is limited to a non-transferable licence to use the
application on a device that utilises the Apple iOS or Android operating systems, as applicable, and
in accordance with the usage rules set forth in the applicable App Distributor’s terms of
service; (2) we are responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile application licence contained in these
Legal Terms or as otherwise required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services
with respect to the App; (3) in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App Distributor, and the App Distributor,
in accordance with its terms and policies, may refund the purchase price, if any, paid for
the App, and to the maximum extent permitted by applicable law, the App Distributor will
have no other warranty obligation whatsoever with respect to the App; (4) you represent and
warrant that (i) you are not located in a country that is subject to a US government
embargo, or that has been designated by the US government as a
'terrorist supporting' country and (ii) you are not
listed on any US government list of prohibited or restricted parties; (5) you must comply
with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party beneficiaries of the terms
and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor
will have the right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application licence contained in these Legal Terms against you as a third-party
beneficiary thereof.
13. SOCIAL
MEDIA
As
part of the functionality of the Services, you may link your account with
online accounts you have with third-party service providers (each such
account, a 'Third-Party Account' ) by either: (1) providing your Third-Party
Account login information through the Services; or (2) allowing us to access
your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your use of
each Third-Party Account. You
represent and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach
by you of any of the terms and conditions that govern your use of the
applicable Third-Party Account,
and without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party Account. By granting us
access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store
(if applicable) any content that you have provided to and stored in your
Third-Party Account (the 'Social Network Content' ) so that it is available on and through the
Services via your account, including without limitation any friend lists and
(2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with
the Third-Party Account.
Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in
such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Services. Please note that if a
Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated
by the third-party service provider, then Social Network Content may no
longer be available on and through the Services. You will have the ability
to disable the connection between your account on the Services and your
Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible
for any Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between
the Services and your Third-Party
Account by contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any information
stored on our servers that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your
account.
14. THIRD-PARTY
WEBSITES AND CONTENT
The Services may
contain (or you may be sent via the App ) links to other websites ( 'Third-Party Websites' ) as
well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating
from third parties ( 'Third-Party Content' ). Such Third-Party
Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us,
and we are not responsible for any Third-Party Websites accessed through the Services or any
Third-Party Content posted on, available through,
or installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk,
and you should be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any website to which
you navigate from the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally,
you shall hold us blameless from any losses sustained by you or harm caused to you relating
to or resulting in any way from any Third-Party
Content or any contact with Third-Party
Websites.
15. ADVERTISERS
We allow
advertisers to display their advertisements and other information in certain areas of the
Services, such as sidebar advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other relationship with
advertisers.
16. SERVICES
MANAGEMENT
We reserve the right,
but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
17.
PRIVACY POLICY
We care about data
privacy and security. By using the Services, you agree to be bound by our Privacy Policy
posted on the Services, which is incorporated into these Legal Terms. Please be advised the
Services are hosted in
__________
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
__________
, then through your continued use of the Services, you
are transferring your data to
__________
, and you expressly consent to have your data transferred
to and processed in
__________
.
18. COPYRIGHT
INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a
'Notification' ). A copy of your Notification will be
sent to the person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to applicable law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Services infringes your copyright, you should consider first
contacting an attorney.
19. TERM
AND TERMINATION
These Legal Terms
shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
20. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you
or any third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot
guarantee the Services will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate
us to maintain and support the Services or to supply any corrections, updates, or releases
in connection therewith.
21. GOVERNING
LAW
These Legal Terms
are governed by and interpreted following the laws of
England
, and the use of the United Nations Convention of Contracts for the International Sales
of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer,
you additionally possess the protection provided to you by obligatory provisions of the law in
your country to residence. Enter To My World and yourself both agree
to submit to the non-exclusive jurisdiction of the courts of Epping ,
which means that you may make a claim to defend your consumer protection rights in regards to
these Legal Terms in
England
, or in the EU country in which you reside.
22. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
'Dispute' and collectively, the 'Disputes' ) brought by
either you or us (individually, a 'Party' and
collectively, the 'Parties' ), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below) informally
for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any
dispute arising from the relationships between the Parties to these Legal Terms shall be
determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal
Rules of the European Court of Arbitration being part of the European Centre of Arbitration
having its seat in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of
arbitration shall be
Epping ,
England
. The language of the proceedings shall be English . Applicable rules of substantive law shall be the law of
England
.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilise
class action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other
persons.
23. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
24.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORISED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
25. LIMITATIONS
OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE one (1) mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
26. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (5)
your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defence and
control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
27. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although
we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
28. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails,
and completing online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
29. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
30. MISCELLANEOUS
These Legal Terms and any policies or
operating rules posted by us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defences you may have based
on the electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
31. CONTACT
US
In order to resolve a complaint regarding
the Services or to receive further information regarding use of the Services, please contact
us at: