1. INTRODUCTION
1.1 PogoFlirt is a sms chat service ("the service") provided to Users by plusCONNECT
Telecom Limited ("PlusConnect"). These terms and conditions set out the basis
upon which plusCONNECT makes the service available to all Users of the service.
1.2 By using and/or partaking of the service, the User warrants that he or
she has been given an opportunity to read and accept these terms and conditions
and agrees to be bound by them. If the User does not wish to be bound by these
terms and conditions, and the Privacy Policy the User should exit the website
immediately and not make use of and/or partake of the service.
1.3 By making use of and/or participating of the service, the User warrants
that he or she is legally able to agree to and be bound by these terms and
conditions. The User confirms to be over the age of 18 (eighteen) years. plusCONNECT
does not assume any responsibility for use of and/or participation in the
service by a person who is under the age of 18 (eighteen) years.
1.4 plusCONNECT reserves the right to make changes to these terms and conditions
at any time. Such changes will be published on the website, which changes
the User will be deemed to have read and accepted and be bound by if he or
she accesses the website or continues using the service. The User is therefore
encouraged to refer to these terms and conditions on each visit to the website.
2. DISCLAIMER
2.1 plusCONNECT shall not be held liable for any loss, injury, expense or damage
(whether direct, indirect or consequential) of any nature whatsoever suffered
or incurred by any User or person utilising or partaking of the service and
the user hereby waives any such claims which it may have against plusCONNECT.
2.2 plusCONNECT reserves the right, in its sole discretion, to interrupt,
suspend or cancel part of the whole of the service at any time for whatever
reason and plusCONNECT bears no responsibility for any damage or loss caused
by such interruption, suspension or cancellation of the service.
2.3 plusCONNECT does not assume responsibility and makes no representations
or warranties, whether express, implied in law or residual, as to the reliability,
accuracy or propriety of any information, opinions, data and/or content of
any communication sent and/or received by the service and/or contained on
the Website. The User hereby accepts that plusCONNECT bears no responsibility
for the content of messages sent and/or received via the service and plusCONNECT
shall not be bound in any manner by any such information.
3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
3.1 Copyright and all intellectual property rights in and to all materials,
text, drawings, music, sound, photographs and data made available on this
website (collectively "materials") are owned by plusCONNECT alternatively,
plusCONNECT is the lawful user thereof and are protected by both UK and international
intellectual property laws. The trade marks, names, logos and service marks
(collectively "trade marks") displayed on this website are registered and
unregistered trade marks of plusCONNECT. Nothing contained on this website
should be construed as granting any licence or right to use any trade mark
without the prior written permission of plusCONNECT.
3.2 plusCONNECT shall not be held liable for any infringement of intellectual
property or other rights which may result from the use of and/or participation
in the service.
3.3 plusCONNECT has no knowledge of any infringement of intellectual property
or other rights on the website, or in the provision of services. If it can
be shown that plusCONNECT is infringing any intellectual property or other
right, plusCONNECT undertakes to remove the infringing material and/or rectify
the situation as soon as possible.
4. INDEMNITY AND WAIVER
4.1 The User hereby indemnifies plusCONNECT against any claims, liabilities,
losses, costs, damages and expenses incurred by plusCONNECT (whether directly
or indirectly) which may arise as a result of the User's use of and/or participation
in the service for any reason whatsoever.
4.2 The user hereby irrevocably and unconditionally waives any claims, liabilities,
losses, costs, damages and expenses (whether direct or indirect) which it
may have against plusCONNECT which may arise as a result of the User's use
of and/or participation in the service for any reason whatsoever.
5. USE AND PRICE OF THE SERVICE
5.1 The User hereby undertakes to use the service in a respectable and honest
manner, in compliance with these terms and conditions and all applicable laws
and regulations.
5.2 plusCONNECT is not responsible for any material submitted to a public
arena by a User. Any material submitted by any User is not endorsed, reviewed
or approved by plusCONNECT. plusCONNECT reserves the right to remove any material
submitted by a User, without notice to the User, if it becomes aware and determines,
in its sole and absolute discretion, whether there is a likelihood that a
User may -
5.2.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights
of other Users or any third parties;
5.2.2 publish, post, distribute or disseminate any defamatory, obscene, indecent
or unlawful material or information;
5.2.3 offload files that contain viruses, corrupt files or any other similar
software or programmes that may damage the operation of plusCONNECT's and/or
a third party's computer system and/or network;
5.2.4 violate any copyright, trade mark, other applicable UK or international
laws or intellectual property rights of plusCONNECT or any other third party;
5.2.5 submit contents containing marketing or promotional material which is
intended to solicit business or the dissemination of messages which constitute
"spam" mail.
5.3 The User furthermore undertakes not to use the service for the communication
of material that is pornographic, blasphemous, slanderous, unlawful, harassing,
defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually
orientated, racially offensive, profane, or that violates the rights of other
users or any applicable law and the user hereby indemnifies plusCONNECT against
any loss, liability, damage or expense of whatever nature which plusCONNECT
or any third party may suffer which is caused by or attributable to, whether
directly or indirectly, your use of the service.
5.4 The User knows and understands that SMS's sent in relation to the service
will be charged at a premium rate as published on the website from time to
time. The User accepts that free minutes and free SMS packages will not apply.
6. PAUSE, RESTART, WITHDRAWAL AND TERMINATION OF THE SERVICE
6.1 The User may elect to withdraw from participating in the service at any
time by opting out of the service. PogoFlirt has no subscription fees, nor
complex forms to fill out in order to be subscribed. You can also leave the
community by simply sending a text with the word STOP.
6.2 plusCONNECT reserves the right to modify, suspend or terminate the service
or any aspect or feature of the service, at its own, sole discretion without
notice to the User.
6.3 plusCONNECT may furthermore in its sole discretion cancel the service
to a particular User in the event that such User fails to comply with these
terms and conditions.
7. PRIVACY POLICY
plusCONNECT is sensitive to the private nature of information a User provides
to it as a result of the Users use of the service.
7.1 Information Collected: When a User makes use of the service or website,
and at other times, the User may be providing plusCONNECT with personally
identifiable information. The personally identifiable information provided
ranges from limited personal data such as name, telephone number, address
and e-mail address to facts about the User's person, profession and preferences.
In addition, plusCONNECT's web servers automatically collect website usage
information from Users when visiting the website. Website usage information
informs plusCONNECT about how visitors and subscribers use and navigate the
websites, including the number and frequency of users to each web page, their
IP address, and the length of their stays.
7.2 Use of Information Collected: plusCONNECT may combine the personally identifiable
information which a User provides during his/her use and/or participation
in the service with other information about a User that is available to plusCONNECT,
including website usage information and information from other sources. plusCONNECT
may use this information to enable it to process, validate and verify information
for the purposes for which a User specifically provided the information; to
improve a User's experience; to improve and develop new products, features
and services; to alert Users to new services and special offers; to provide
marketing with aggregate information about plusCONNECT's Users and usage patterns;
and for other purposes. plusCONNECT may share such information with third
parties to help it to improve its content, provide Users with the services
and to help plusCONNECT's service providers to perform services on its behalf.
In addition, plusCONNECT may disclose any information about a User to law
enforcement, other government officials, or other third parties, as plusCONNECT,
in our sole discretion, believe necessary or appropriate, in connection with
an investigation of fraud, intellectual property infringements, or other activity
that is illegal or may expose PlusConnect to legal liability, or in connection
with PlusConnect's, consolidation, or sale of substantially all of our assets.
plusCONNECT reserves the right to contact Users at any time regarding any
problems or questions as well as to notify Users of changes to its Privacy
Policy, or to other policies or terms that affect a User and his/her use of
the website, and to share information in order to enforce our policies and
terms governing the website.
7.3 Cookies: Like most websites, plusCONNECT automatically collects information
and data through the use of "cookies". "Cookies" are small text files a website
can use to recognise repeat Users, facilitate the User's ongoing access to
and use of the website and allow a website to track usage behaviour and compile
aggregate data that will allow content improvements and targeted advertising.
7.4 Security: The personally identifiable information plusCONNECT collects
about a User is stored in confidence in limited access servers. Safeguards
are maintained to protect the security, integrity, and privacy of these servers
and of a User's personally identifiable information.
7.5 Policy Modifications: plusConnect may change this Privacy Policy from
time to time and will post any changes on the website, so that the User will
know our privacy practices. However, plusConnect will not use personal information
in a manner materially different from this Privacy Policy without the User's
prior consent.
7.6 Comments and Questions: Any questions, comments or concerns about PlusConnect's
Privacy Policy, should be sent to plusConnect at: help @ plusconnect . net
8. JURISDICTION
8.1 These terms and conditions, their validity, existence or termination, or any other disputes arising in relation to these terms and conditions shall be governed and/or determined in accordance to English Law and the parties hereto hereby submit to the jurisdiction of the English Courts.
9. WHOLE AGREEMENT
9.1 These terms and conditions constitute the entire agreement and understanding
between the User and plusCONNECT relating to the subject matter of this Agreement
and supersedes all prior oral or written agreements, representations, understandings
or arrangements between the parties relating to the subject matter of this
Agreement.
9.2 The User and plusCONNECT acknowledge that they are not relying on any
agreement, understanding, arrangement, warranty, representation or term which
is not set out in this Agreement and that all terms which would otherwise
be implied into this Agreement by law, including without limitation as to
skill and care or time for performance, are hereby excluded.
9.3 The User and plusCONNECT irrevocably and unconditionally waive any rights
and/or remedies they may have to the fullest extent permitted by law (including
without limitation the right to claim damages and/or to rescind this Agreement)
in respect of any misrepresentation other than a misrepresentation which is
contained in this Agreement or a misrepresentation which was made fraudulently.
9.4 plusCONNECT shall be entitled to cede, assign and delegate all or any
of its rights and obligations in terms of these terms and conditions to any
third party.
10. SEVERABILITY
If any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable then the remaining provisions of this Agreement shall continue in full force and effect. The judicial or other competent authority making such determination shall have the power to limit, construe or reduce the duration, scope, activity and/or area of such provision, and/or delete specific words or phrases as necessary to render, such provision enforceable.