TERMS AND CONDITIONS OF USE

Updated 30 January 2009

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY AS THEY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING WWW.YOUNIVERSE.COM (THE “SITE”).

YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 6 (NO WARRANTY) AND CLAUSE 7 (EXCLUSION OF LIABILITY).

1. GENERAL

1.1 Youniverse is the trading name of Imagini Holdings Limited.

1.2 Imagini Holdings Limited (“we”, “us” or “our”) is a company incorporated and registered in England and Wales with registered number 05730835 and registered office at 130 Shaftesbury Avenue, London W1D 5EU. Our VAT Number is 915772114.

1.3 These terms and conditions are deemed to include our privacy policy and are collectively known as these “Terms”.

1.4 When you use the Site, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use the Site.

1.5 You may print and keep a copy of these Terms. They are a legal agreement between you and us, which can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site, we indicate at the top of this page the date these Terms were last revised. The then current version of these Terms will apply whenever you use the Site. Your continued use of the Site after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree with such new Terms, then please do not access or continue to access the Site. It is your responsibility to regularly check this section of the Site to see if there have been any changes to these Terms.

2. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

2.1 The copyright and all other intellectual property rights in the Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). You must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from the Site without our prior written consent.

2.2 Individual items of information, images, graphics, software and other material (“Content”) accessible through the Site will be protected by copyright. You may not copy, download, reproduce, post, transmit, upload, distribute or otherwise publish any Content protected by copyright, without first obtaining permission of the copyright owner.

2.3 You agree to abide by any and all copyright notices or other restrictions contained in any individual Content accessed through this Site.

2.4 This Site contains or may use proprietary software. You shall have no rights to this proprietary software and related documentation or images, or any enhancements or modifications thereto, provided to you in order to access the Site (“Site Software”). Unless otherwise specified in any purchase agreement for Youniverse consumer related data and profiling products (“Youniverse Products”), you may not copy, distribute, sell, decompile, disassemble, modify, reverse engineer, create derivative works from or otherwise reproduce the Youniverse Products or the Site Software.

2.5 With respect to Content you post on any publicly accessible areas of the Site, including but not limited to photos, graphics, text and any other content, you grant to us a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Site solely for the purpose of displaying, distributing and promotion of the Site. This licence exists for as long as you continue to include such Content on the Site and shall be terminated at the time you delete such Content from the Site.

3. CONDITIONS FOR USE OF SITE

3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and that your computer system is compatible with the Site.

3.2 You must not misuse our system or the Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and the Site, or attempt to carry out any of the foregoing.

3.3 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or the Site, or to search, display or obtain links to any part of the Site.

3.4 You must not include links to the Site in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any “deep link” to any page on the Site.

3.5 You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible through posting on those areas of the Site which are publicly accessible. In no circumstances will we be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely.

3.6 You shall not upload to, or distribute or otherwise publish throughout the Site any Content which violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets and other proprietary rights.

3.7 You shall not upload to, or distribute or otherwise publish throughout the Site any content which is libellous, defamatory, obscene, pornographic, abusive or otherwise violates any law or the rights of any third party, or which contain viruses, “worms”, “trojan horses” or any other harmful properties, or use the Site for, or to further, any illegal purpose.

3.8 You shall not, without our written approval, upload to, or distribute, broadcast (by e-mail or otherwise) or otherwise publish through the Site, any Content containing any solicitation of funds, advertising or solicitations for goods or services.

4. REGISTERING WITH THE SITE

4.1 At our discretion, We may refuse your application for registration. If we accept your application for registration, We will confirm this by sending you an email containing your registration details.

4.2 Each registration is for a single user only. You may not share your username and password with any other person nor with multiple users on a network.

4.3 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.

4.4 You accept sole responsibility for all use of and for keeping secret any username and password that may have been given to you or chosen by you for use on the Site. You will notify us immediately of any unauthorised use of them or any other breach of security of the Site of which you become aware.

4.5 We reserve the right, in our sole discretion, to reject, refuse to post or remove any content (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the website if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the website or its Users and/or are violating any applicable law.

Prohibited content includes, but is not limited to content that, in our sole discretion:

  • is patently offensive;
  • exploits people in a sexual or violent manner;
  • poses or creates a privacy or security risk;
  • constitutes or promotes information that you know is false or misleading or promotes illegal activities

4.6 If you are under the age of 13, you are not eligible to use the Site and must not attempt to register and/or submit any personal information to us. We do not knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information forthwith. If you have reason to believe that this has occurred, please contact us at contact@youniverse.com, and we will delete any such information.

4.7 We recommend that if you are aged between 13 and 17 that you do not send any information about yourself to anyone over the Internet, without first seeking permission from your parents or legal guardians.

4.8 We take violations of our Terms and Conditions very seriously. If you become aware of misuse by any person, please email contact@youniverse.com.

5. THIRD PARTY MATERIAL AND ADVERTISEMENTS

5.1 The Site may contain links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from the Site, you do so at your own risk.

5.2 Your correspondence or business dealings with, or participation in promotions of, advertisers, merchants and other third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, merchant or third party. To the fullest extent permitted by applicable law, you agree that: (a) We shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers, merchants or third parties on the Site, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Site are subject to confirmation by, and the terms and conditions of business of, the relevant advertisers, merchants or third parties.

6. NO WARRANTY

6.1 The Content and all other material on the Site is provided “as is” and without any warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

6.2 We do not provide any warranty that your access to or the running of the Site will not be interrupted or error free or that material downloaded from the Site will be free from infection, viruses and/or similar code. Content on this Site may contain technical inaccuracies or typographical errors.

6.3 We make no warranties or representations as to the accuracy or completeness of any Content or other material provided on the Site.

6.4 We make no warranty that the Site complies with laws other than those of England and Wales.

7. EXCLUSION OF LIABILITY

7.1 Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation nor any other liability that cannot be excluded or limited under applicable law.

7.2 Subject to clause 7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control and we do not accept any liability for loss of your password or username caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.

7.3 Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of the Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.

7.4 Subject to clauses 7.1 to 7.3 inclusive, we shall not be liable to you for any indirect, consequential, special or punitive loss, damage, costs and expenses, loss of profit; loss of business; loss of reputation, depletion of goodwill; or loss of, damage to or corruption of data or wasted management or office time or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8. PRIVACY POLICY

8.1 We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the Privacy Policy.

8.2 Questions regarding this policy should be directed to the Webmaster by email at contact@youniverse.com.

8.3 Privacy of individual user data is vital to our business. We work diligently to protect confidentiality, restrict transfer of personal data, incorporate technical safeguards and appropriate security policies, and identify privacy implications in new services.

8.4 We have created our Privacy Policy in order to demonstrate our firm commitment to privacy.

9. JURISDICTION

9.1 The laws of England and Wales shall apply to these Terms. You irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the courts of England and Wales.

10. NOTICES

10.1 All notices shall be given:

10.1.1 to us, by email to contact@youniverse.com or by post to The Directors, Imagini Holdings Limited, 130 Shaftesbury Avenue, London W1D 5EU;

10.1.2 to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you from time to time.

10.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.

11. MISCELLANEOUS

11.1 We may from to time to time change the Content or material of the Site or suspend or discontinue any aspect of the Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new Content or material to the Site will be subject to these Terms.

11.2 We reserve the right in our sole discretion to edit or to delete any Content or material displayed, uploaded to, or distributed, or otherwise published through the Site (including Content or material in private e-mail communications).

11.3 We may, but shall have no obligation to, remove Content or material that we determine in our sole discretion is libelous, defamatory, obscene, pornographic, abusive, unlawful, fraudulent or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights of these Terms.

11.4 These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently).

11.5 A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right.

11.6 If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will.

11.7 You may not assign or transfer any benefit, interest or obligation under these Terms.

11.8 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.