TERMS OF USE
Legally binding terms
Please read these Terms of Use carefully as they contain legally binding terms and conditions for accessing and using the gaming and entertainment platform at
www.metoyoumyplace.com (the “
Website” and the “
Service”).
Access and use of this Service are subject to acceptance and compliance with these Terms of Use. Access to the Service requires the opening of an account (the “Account”). The Account will be set up only on acceptance of these Terms of Use. It is recommended to print off and retain a copy of these Terms of Use for future reference (although a copy will also be available on the Website).
By clicking the “I ACCEPT” button (or any similar feature on the Website associated with these Terms of Use and indicating acceptance) you indicate and confirm your acceptance of these Terms of Use.
Acceptance of Terms on behalf of a child
Access and use of the Service by any person under sixteen years old is subject to acceptance of these terms by a parent or legal guardian on behalf of the child. Acceptance of these Terms of Use by a parent or guardian includes the acceptance of the Terms of Use on behalf of any child who is permitted by you (or by your child) to use the Account in order to access the Service.
By agreeing to these Terms of Use you also agree to ensure that any child or other person using the Account shall comply with these Terms of Use. Where these Terms of Use impose on you an obligation not to do anything or to refrain from any conduct, you agree to ensure that the child or other person using the Account will not do such act or will refrain from such conduct.
Who we are
The Service is owned and operated by Kramaley Games Limited, a company incorporated under English law (registered number 06645659) with a registered address at c/o suite 16225, 145-157 St. John Street, Lower ground floor, London, United kingdom, EC1V 4PW.
The Website provides details on how we can be contacted.
All references to “we” or “us” in these Terms of Use are to Kramaley Games Limited (or to its successor or assign).
Changes to these Terms of Use
The Terms of Use are posted on the Website. We reserve the right to change the Terms of Use from time to time. We will post notices on the Website to alert you of any substantive changes and where such changes are important we will also notify you be email or by other means. Each time you (or any person or child using the Account) access the Service, you will be deemed to have accepted the latest version of the Terms of Use as posted on the Website.
Permitted purposes of the Service and authorised use
The Service is operated for the sole purposes of entertainment, fun, social interaction and play (including the ancillary purposes of education, skill development and communications) (the “
Permitted Purposes”).
Subject to opening an Account and accepting these Terms of Use, we give you our permission for you and your child to access and use the Service during the subscription period of the Account, solely for the Permitted Purposes.
You agree not to access or use the Service for any purpose or with any intention other than the use of the Service in good faith for the Permitted Purposes.
Without limiting the generality of the foregoing, access and use of the Service for the following purposes or in the manner described below is strictly excluded from the use permission granted by these Terms of Use and forbidden:
(i) harassment, covert surveillance, defamation, any conduct which is offensive, obscene, abusive, threatening, discriminatory, fraudulent, deceptive, misleading, infringing or misusing of any person’s confidentiality, privacy, trust, copyright, trade marks or other intellectual property rights;
(ii) any conduct liable to cause overloading, disruption, corruption, unintended operation or other harmful or undesired effect to the Service, or to any of its content, or to any computer systems (including hardware, software or any content) or other device used by any user of the Service, including (but not limited to) the uploading, use or posting of any computer code, file or other content carrying any viruses, trojans, worms or other interfering, damaging or disabling devices that may cause any sort of damage (temporary or permanent) and any form of spyware (“
Malicious Code”);
(iii) any other unlawful act (that is, act in breach of any enactment or rule of law, whether or not it may also give rise to an offence, or to a tortuous or other civil liability, or to an injunction or other remedy);
(iv) any unethical conduct (including cheating in any games);
(v) any commercial activity or any activity designed to promote or trade in any product, service or brand (whether physical or virtual) except strictly as non-commercial play;
(vi) gambling, gaming (involving any financial investment or risk), betting or lottery; or
(vii) competitor analysis, commercial espionage, investigations, or any attempt to gain understanding of how the Service works or what functionalities it offers.
(all of the above, “
Inappropriate Conduct”).
We reserve the right, without notice, to prevent access to the Service and to block or disable an Account if it is used for any Inappropriate Conduct.
User Contributions
The Service allows users to make their own contributions of certain content (including the choice of user names, pet names or other unique designations, communication facilities, artwork design functionalities and so forth) (“
User Contributions”). The following terms apply to User Contributions:
(i) User Contributions must not include (and you warrant and represent to us that it does not and will not include) any content which is inconsistent with the Permitted Purposes, these Terms of Use or any warranties or representations given by you in these Terms of Use or as part of the opening of the Account, including any Malicious Code, and any content which, in the context in which it appears, is or can reasonably be regarded or perceived as giving rise to Inappropriate Conduct;
(ii) We shall not be responsible for User Contributions made by you or other users. Whilst we reserve the right to monitor User Contributions, and reserve the right to block, remove, disable and delete any User Contributions that we deem (in our sole discretion) to be in breach of these Terms of Use, we do not promise to do any of those things;
(iii) If you become aware of any third party User Contributions that you believe constitute or give rise to Inappropriate Conduct, please inform us as soon as possible. However, we do not promise or represent that we will take any action to block, remove or prevent any such Inappropriate Conduct (although we will use reasonable efforts to discourage and prevent it when we can);
(iv) You grant us the perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully assignable right to exploit your User Contributions in any way and for any purposes including by authorising any other person to do so (including the right to use and to register the User Contribution as our own or any other person’s trade mark, trading name, internet domain names and in digital addresses anywhere in the world, unless you already have valid and enforceable prior trade mark rights in, or an established goodwill associated with, the User Contribution, which you remain free to assert); and
(v) You hereby irrevocably waive, to the full extent permitted by law, all rights under Chapter IV of the Copyright, Designs and Patents Act 1988 in relation to your User Contributions, and any similar or equivalent right under the laws of any jurisdiction, including the right to require to be identified as the authors of the User Contribution or the right to object to derogatory treatment of the User Contribution, or any other moral rights in relation to the User Contribution. This waiver is made in our favour and for the benefit of our future successors in title and for the benefit of all persons having (at present or at any time in the future) the right, with our or with our successor’s consent, to use, exploit, modify, further develop, license, sell or otherwise commercialise the User Contribution.
Payments and membership
We may allow opening an Account for free and we may charge for use of the Service (or certain aspects or functionalities within the Service).
We may refer to the availability of selective functionalities of the Service as “membership”. The ‘membership’ is a subscription, for a limited period of time, allowing you access to such functionalities or aspects of the Service as we may determine from time to time to include in the membership.
Fees paid for membership are non-refundable.
We reserve the right to make any of the additional functionalities offered within the membership option available to non-paying users (either generally or under certain conditions). This will not entitle you to any refund of fees (whether full or partial).
The Account will be activated (or such paid-for functionalities or membership will be made available to you) only once payment is confirmed.
We accept payments through remote payment services operated by third parties (such as credit cards issued by third parties, PayPal accounts and so forth). We reserve the right to charge an administrative fee for certain types of payment but we will advise you of the fee before payment is confirmed. We are not responsible for the charges or transactions between you and the provider of the payment mechanism (including incorrect re-charging of your account by the payment service).
Intellectual property rights
We (or our licensors) own all trade marks, copyrights and all other intellectual property rights in all aspects of the Service and have the exclusive right to exploit, use, reproduce, modify or adapt all aspects of the Service (including, without limitation, all names, slogans, logos, any trading name and trade marks and any other signs used on the Service, the get-up of the Service, the domain names and email addresses used by the Service and other designations of origin, the artwork, structure, design and layout of the Service, the screens, interfaces, functionalities, and all computer code used in the operation of the Service, all films, sound recordings, photographs and other works included in the Services and all text, databases and other literary work included in the Services) (the “
Service IPRs”).
Where necessary (but only for the Permitted Purposes), as part of the authorisation we give you to use the Services, you may, at your own risk, print, copy, download or temporarily store content from this Service for your personal information.
Except as permitted in the preceding paragraph, you shall not seek to modify, amend, reverse engineer or deal with the software or content of the Service, and you agree not to use, reproduce, make adaptations or derivative works to, sell, hire or offer for sale or hire, or otherwise deal with, communicate, show or make available to the public (or to any persons), distribute or otherwise exploit the Service, its content or any of our intellectual property rights except with our prior written consent.
Except as expressly provided in these Terms of Use, the use or access or the authorisation given to you to use or access the Services does not imply any right under any of the Service IPRs. You fully and irrevocably disclaim any claim, right, title or interest in or to any of the Service IPRs, except the limited right to use the Service in accordance with the Terms of Use.
Any link you make or authorise to be made to the Website from any other website or publication and any reference you make to the Services must not suggest that we (or the Service) are affiliated with you or that we sponsor you or any third party or any brand or product.
We do not seek or invite any suggestions for improvements, modifications or new ideas or content to be added to the Service. If nevertheless you communicate to us (through the Service or by any other means) any such suggestions or ideas, you hereby irrevocable waive and disclaim any rights or claims in relation to such suggestions or ideas and you hereby assign to us any and all copyrights, design rights, trade marks, rights to apply for patents, designs or trade marks or any other intellectual property right you may have in such subject matter and you acknowledge that we and our successors in title will have the full right to exploit such subject-matter (in connection with or separately from the Service).
Functionality issues
We shall use reasonable endeavours to ensure the Service operates as it is designed to operate. However, computer systems and communication networks are prone to errors, malfunction and external circumstances.
Whilst we take all reasonable steps to ensure that information posted on the Service is not disclosed or shared with unauthorised persons, the Internet is an open system and we therefore cannot and do not guarantee that such information will not be intercepted or decrypted by others. We shall not be liable for any loss or damage suffered as a result of such interception or decryption unless we are in breach of our statutory duties in relation to the protection of your information.
Whilst we aim to provide uninterrupted access to the Service, access may be suspended, restricted or terminated at any time whether for technical, maintenance, legal, regulatory or other reasons beyond our control. We will not be liable in any way if access to the Service is so interrupted for any length of time.
Due to the nature of communication technology and the possibility of technical errors or failures, we cannot guarantee the delivery of electronic messages or postings and we shall not be liable for any failure to deliver such communications.
Whilst we seek to apply adequate security measures to protect electronic communications on the Service and the content of the Service, we cannot guarantee that we can prevent any unauthorised interception of or access to such communications or content by third parties.
Whilst we take reasonable steps to counteract Malicious Code, we cannot guarantee nor give any warranty that the Service is free from any Malicious Code. We shall not be liable for any loss or damage suffered as a result of harm caused by any Malicious Code.
You acknowledge that copying or downloading content from the Service could cause harm or unintended consequences to your computer or other device and to data contained in it and that, whilst we will make efforts to minimise such risks, we do not accept any liability for any such damage.
Your warranties and representation
You warrant, covenant and represent to us as follows:
(i) The information you provide us in connection with opening an Account or on any registration or application form, profile sheet, by email, postings, telephone or through other means including all personal details, date of birth, billing address, employment details and all other data provided to us are true in all respect, up-to-date and not misleading in any way.
(ii) You will update the information referred to in paragraph (i) and will not access the Service if the details we hold about you are (or become) untrue, misleading or out of date.
(iii) You will not access the Service under false identity or pretext.
(iv) You will use the Service lawfully and in good faith and will make no use which amounts to Inappropriate Conduct.
(v) You will keep your password secure and will not share it with any other person or allow any other person to use it to access the Service (except, where you are a parent or guardian, the child for whom you created the Account).
The foregoing warranties, covenants and representations will be deemed to be repeated each time you, or any other person using your Account, use the Service.
Our promise
We promise to use reasonable efforts to make the Service available to you, as far as commercially reasonable, continuously during working hours on working days. We will use reasonable efforts to minimise disruption or discontinuous use of the Service at any time, subject to scheduled technical maintenance and servicing and unscheduled interruptions or technical work arising from unanticipated circumstances or technical issues.
Except as provided in the preceding paragraph, we do not make and we hereby expressly disclaim any and all representations or warranties (express, implied, statutory or otherwise) with respect to the Service and the Website including (without limitation) any implied warranties of merchantability, fitness for a particular purpose, free enjoyment or non-infringement of third party rights, and any warranties regarding the validity of the Service IPRs.
Indemnities
You agree to indemnify us, our directors, employees, agents, representatives and any other users of the Service (“
Indemnified Persons”) for any loss, damage, cost or liability arising to any Indemnified Persons out of your use of the Service not in accordance with the Terms of Use, or from any breach by you of these Terms of Use, including any breach of warranty, or out of any misrepresentation, negligence or intended misconduct by you in relation to your use of the Service.
We agree to indemnify you against any complaint, demand or claim alleging that by using the Service you infringed the intellectual property rights of any third party if such alleged infringement arises from the content of the Service as provided by us.
The foregoing indemnities shall apply on condition that as soon as the party benefiting from the indemnity (“
Indemnified Party”) become aware of any matter giving rise to an indemnity it shall immediately notify the other in writing giving full details of the matter, and providing all available documentation and records, that the Indemnified Party makes no admissions or statements of any kind in relation to the matter, and permit the party giving the indemnity (the “Indemnifying Party”) to have full control of the defence in which the Indemnified Party will not interfere, and that the Indemnified Party give the Indemnifying Party full cooperation and assistance in investigating, responding to and conducting the defence against any relevant complaint, demand or claim for which an indemnity is sought.
Limitations and exclusions of liability
We do not accept and you agree that we shall not be liable for any loss or damage suffered by you or any other person as a result of:
(i) inaccurate, incomplete or misleading information, information being available to persons not authorised or permitted to have access to such information, information being corrupted, deleted or lost, whether as a result of human error, technical malfunction, breach of security, Malicious Code or other technical failures; or
(ii) any claim made against you by any third party arising as a result of, or in connection with, your use of the Service, except under the indemnity expressly provided above.
We will not be liable or considered in breach of our obligations under the Terms of Use for any loss, damage or failure to deliver the Service which is a direct or indirect result of any circumstance beyond our reasonable control, including but not limited to, fire, flood, power failure, act of war, terrorism, strike, lock out, industrial action, government or regulatory action, theft, fraud, misuse of computer systems, operator error, communications failures, electronic failures, computer error, system failure, mechanical failures, unauthorised access, Inappropriate Conduct in connection with the use of the Service or any Malicious Code.
We shall not be liable for any indirect or consequential losses, loss of profit or anticipated profit, loss of savings, damage to reputation or economic losses or for any punitive damages. Our maximum aggregate liability to you for any loss or damage suffered by you in connection with the Service shall be limited to the amount paid for the membership subscription or (in the event that the Account is activated free of charge) fifty pounds (£50).
Notwithstanding any of the foregoing, nothing in these Terms of Use shall limit or exclude our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, our liability.
Use of personal information
Through the Service, users may be able to create, collect, process, store, communicate and share information relating to other users. We shall make no use of such information in a form that is capable of being linked to any particular user (“
Personal Information”) except as may be permitted in our Privacy Policy statement.
Participation in the Service is designed to be anonymous in order to protect the privacy and safety of all participants. Accordingly, you agree not to use your (or your child’s) real name, or your address or any other indication that can be identified with you (or your child) as your Account user name or password.
You agree that we may store and access Personal Information you provide in registration or setting up the Account in order to administer the Service and monitor payments or where it is otherwise necessary for us to use such information for the purpose of operating, maintaining, updating, enhancing, monitoring and improving the performance of and functionality of the Service, for investigating any complaints or suspected Inappropriate Conduct, or any security breach or suspected infringement of the law, and insofar as we are required to do so to comply with legal requirements, the orders of any court of law or the directions of any statutory or regulatory body.
We are entitled to use non-Personal Information processed on the Service, without limitation, for technical, statistical or any other purpose. Any databases of non-Personal Information which we create out of the information on the Service from time to time is our intellectual property right in which we retain the exclusive right.
Our Privacy Policy statement can be viewed through the following link
http://www.metoyoumyplace.com/privacy.php . The following provisions concerning Personal Information are subject to the more detailed provisions in the Privacy Policy statement. You consent to us using your Personal Information in accordance with the Privacy Policy statement which is hereby incorporated in and forms part of these Terms of Use (as it may be modified by us from time to time).
Consent to the use of ‘cookies’
You consent that we may place “cookies” on your computer (and that our computer system may read those “cookies” from time to time) in order to recognise your computer and enable technical features of the Service.
A cookie is a small data text file, which a website stores on the user’s computer hard drive (if the user’s web browser permits) that can later be retrieved to identify the user to the website operator. Cookies enable the sender to identify, authenticate and maintain information about the way visitors use websites. We may use cookies for example:
(i) to retain information for the duration of your visit to the Website so that you can conveniently move between features of the Service;
(ii) to gather and store information about how a user uses the Service each time he or she visits the Website. This helps us build an ongoing picture of users’ needs and preferences so that we can tailor future visits to the Website according to a user’s particular usage; and
(iii) to make a user’s use of this Service easier and bring users enhanced functions and services, enable the Service to run more smoothly and help us to maintain a secure Service.
We may use a third party to analyse what our users find to be the most useful features of the Service. To do that, they will place a cookie on the user’s computer with a randomly assigned unique number in order to track the features used on the Service, along with other profile data.
Cookies can be disabled on a user’s browsers. The “help” button on the menu bar of most browsers will explain how to do this or how to have the browser automatically notify the user when a cookie is received so that the user can decide whether to accept it. However, the Service will not be capable of being used effectively without the user’s browser being set to accept cookies.
Termination
We may terminate your Account with immediate effect and may block access to the Service without notice, in the event that:
(i) the Account is used in breach the Terms of Use including for any Inappropriate Conduct and (where the breach is capable of being cured) it is not cured within seven (7) days of notice;
(ii) (without derogation from the generality of the foregoing) you are in material breach of any of the warranties under these Terms of Use;
(iii) you are responsible for any misuse of or challenge against the Service IPRs;
(iv) you fail to pay the membership or any other fees as and when they become due or default on any payment obligation;
(v) you are convicted of any offence, arrested, or your name is put on any sexual offenders list or we otherwise determine in our sole discretion that it is inappropriate or irresponsible for us to allow you to use the Service; or
(vi) you become bankrupt, make a petition for bankruptcy or for protection from creditors, or make any arrangement or composition with creditors generally.
Complaints
We aim to provide an excellent experience to our users. If you feel that we are not providing this, we want you to tell us about it. Email us at
mailto:support@sharkius.com or write to us at the address indicated above or on the Website.
General provisions
If any of the provisions of these Terms of Use are held by any court or competent authority in any jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent and for the purpose of that jurisdiction, be severed. The remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law.
The Account is personal to you and you cannot assign your right to access the Service to any other person.
We are entitled to assign or transfer our rights and obligations under these Terms of Use to any person.
A person who is not a party to the Terms of Use shall have no rights to enforce the provisions of the Terms of Use under the Contracts (Rights of Third Parties) Act 1999.
The Terms of Use and any matter arising thereto including the formation of contractual relationship, the interpretation and legal effect of the Terms of Use and any claim or dispute on non-contractual grounds relating to the use of the subject matter of the Terms of Use are governed by English law and both parties irrevocably submit to the non-exclusive jurisdiction of the English Courts.
Access to and use of this site (www.metoyoumyplace.com) is provided by Carte Blanche Greetings Ltd (CBG) subject to the following terms:
By using www. metoyoumyplace.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of www.metoyoumyplace.com. If you do not agree to be legally bound by all the following terms please do not access and/or use www.metoyoumyplace.com.
CBG may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by CBG. Your continued use of www.metoyoumyplace.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Use of www.metoyoumyplace.com
You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use www.metoyoumyplace.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any www.metoyoumyplace.com content except for your own personal, non-commercial use. Any other use of www.metoyoumyplace.com content requires the prior written permission of CBG.
You agree to use www.metoyoumyplace.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of www.metoyoumyplace.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within www.metoyoumyplace.com.
Disclaimers and Limitation of Liability
www.metoyoumyplace.com content, including the information, names, images, pictures, logos and icons regarding or relating to CBG, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
CBG will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of www.metoyoumyplace.com.
CBG does not warrant that functions contained in www.metoyoumyplace.com content will be uninterrupted or error free, that defects will be corrected, or that www.metoyoumyplace.com or the server that makes it available are free of viruses or bugs.
Intellectual Property
The names, images and logos identifying CBG, Me to You and My Blue Nose Friends, third parties and their products and services are subject to copyright, design rights and trade marks of CBG and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of CBG, or any other third party.
Contributions to www.metoyoumyplace.com
Where you are invited to submit any contribution to www.metoyoumyplace.com (including any text, graphics, video or audio) you agree, by submitting your contribution, to grant CBG a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in CBG’s Privacy Policy. If you do not want to grant to CBG the rights set out above, please do not submit your contribution to www.metoyoumyplace.com.
By submitting your contribution to www.metoyoumyplace.com, you:
Warrant that your contribution:
is your own original work and that you have the right to make it available to CBG for all the purposes specified above;
is not defamatory;
does not infringe any law;
Indemnify CBG against all legal fees, damages and other expenses that may be incurred by CBG as a result of your breach of the above warranty;
Waive any moral rights in your contribution for the purposes of its submission to and publication on www.metoyoumyplace.com and the purposes specified above.
If there is any conflict between these terms and specific terms appearing elsewhere on www.metoyoumyplace.com then the latter shall prevail.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
Carte Blanche Greetings Ltd © 2011
PO Box 500
Chichester
West Sussex
PO20 2XZ
