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Terms and conditions

 

1. Introduction

This Agreement is a legal document which sets out your rights and obligations, and those of the samename.com service.

You must take the time to read and understand it before registering for samename.com. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to samename.com who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the samename.com. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.

Important Note: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. If you change email address, then you must inform us of the new address through your “My details/profile” page.

2. Types of membership

People who register for samename.com become "Members". The Membership divides between those who decide to pay the fee we charge to become what we call a "Full Member", and those who do not ("Standard Members").

Standard Members:

  • may post their name, profile notes and photos in any listings of Home town, interests, workplaces and other categories which appear on samename.com.
  • may receive emailed messages, which will be sent to the email address contained in Members' “My details/profile” page, notifying them of contacts sent by Full Members which can be viewed in your own inbox but can only respond as a Full member;
  • will receive certain types of message sent in order for us to deliver the samename.com service optimally. These are outlined in the privacy policy and
  • Will receive by email a notification when a new person has registered with the samename as the Standard or Full member, each email will give the Member an opportunity to opt-out of receiving future emails of that type.

Full Members may:

  • send email messages to both Full and Standard Members; and
  • View any other Standard or Full Members Profile page.

Note that we are not an internet service provider. In order to avail of samename.com, you must have internet access and all the software (and skills) required for email and web usage.

Important Note: Full Membership. If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you promptly after that fee is paid. This means that you do not have the right to cancel your Full Membership during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.

The Full Membership fee of £2.50 valid for 6 months will be communicated to you when you sign up for Full Membership.

Full Membership is fixed. If you have a fixed Full Membership, you will need to renew it every time if you wish to continue benefiting from Full Membership.

Please note that we reserve the right to change the amount of the fee for Full Membership and the period which it covers. However, Full Members can be assured that these changes will take effect until their next renewal date, except with the agreement of the Full Member.

3. Registration

You undertake to register for samename.com using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for samename.com, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

4. Privacy policy

samename.com's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on samename.com (including any which contain personal information) is, of course, accessible to internet users around the world.

5. Samename.com's Role

You, whether you are a Member or a non-Member, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on samename.com or outside of it. We only provide a venue where the samename.com Service may be accessed. In particular, you should be aware that samename.com does not generally pre-screen or monitor the material contributed by Members.

6. Additional services

samename.com may offer new or additional services through samename.com from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.

7. Operation of samename.com

samename.com reserves the right to withdraw or modify aspects of the samename.com Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the samename.com Service becomes inaccessible as a result of technical difficulties experienced by samename.com or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of Full Membership fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of the samename.com Service. For security or other reasons, we may require you to change password or other information which facilitates access to the samename.com Service.

8. Misuse of samename.com Service

We reserve the right (a) to suspend or terminate any Member's access to the samename.com Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the samename.com Service, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the samename.com Service without our prior consent. You are responsible for everything which is done on or through the samename.com Service while your Membership account is logged on to the samename.com Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the samename.com Service, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member, whether or not through the samename.com Service. For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the samename.com Service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under this Agreement.

9. Relevance

The samename.com Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

  • include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the samename.com Service - Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
  • place material on, or otherwise use, the samename.com Service for any business or commercial purpose; or
  • use your access to the samename.com Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

10. Fees

  1. You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant samename.com Service or prior to any fees being taken.
  2. (ii) Fees paid by a Full Member will not be rebated or refunded by samename.com, except as follows. If the entirety of the samename.com Service itself is removed, then you may be entitled to a rebate of your Full Membership fee for the remainder of the period to which that fee relates.

We may offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

11. Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the samename.com Service, nor any activity or communication you make in connection with any samename.com Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libelous, defamatory, unreliable or misleading.

12. Alerting samename.com

If you see anything on the samename.com Service which appears to infringe this Agreement, then please contact us to inform us of it by using the “contact” function, or by emailing us here . We do not generally monitor material contributed by Members before it is placed on the samename.com Service, and so we are reliant upon users to point out any which infringes this Agreement.

13. Withdrawal of material and Termination of Membership

Each Member acknowledges that we are entitled to withdraw any material on the samename.com Service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of this Agreement, or to bring thesamename.com Service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the samename.com Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the samename.com Service.

14. Disclaimer and Release

samename.com has no control over or responsibility for the truth or accuracy of any material available on the samename.com Service, whether provided by Members or others.

  • If any third party sites are linked to from the samename.com Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
  • You should exercise no lesser degree of caution in appraising what you see on the samename.com Service than you do offline.
  • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
  • Your use of the samename.com Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release samename.com its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the samename.com Service and the material included here by Members and other third parties.

15. Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the samename.com Service (including the material which is contributed by Members) are owned by samename.com. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the samename.com Service, or any of the material which is found on the samename.com Service unless properly licensed to do so by us.

By submitting any material to the content to the samename.com Service, you:

  • are representing that you are fully entitled to do so;
  • grant us a non-exclusive, royalty-free, non-terminable license to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
  • authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

16. Excluded loss

We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). samename.com will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

17. Maximum liability

Without limiting the preceding Clause, the aggregate liability of samename.com under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to (a) the Full Membership fee payable at the time liability arises, or (if greater) (b) the sums paid by you to us under this Agreement during the period prior to the date when liability arises.

18. Non-excluded Liabilities

Nothing in this Agreement limits samename.com's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

19. Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the samename.com Service.

20. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of samename.com assign or dispose of this Agreement.

21. Entire Agreement

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the samename.com Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

22. Changes to this Agreement

samename.com reserves the right to change the Agreement with its Members from time to time, and post the new version on the samename.com Service. When we do so, we notify Members of the fact that there are changed terms on the main screen (www.samename.com ), and post the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Terms and Conditions until:

  • your next renewal date, if you are a Full Member; or
  • one month after the date when we post the new version, if you are a Standard Member.

23. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

24. Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales .

25. Keeping this Agreement

We don't separately file the individual Agreements entered into by members when they register for the samename.com Service. You can access it atwww.samename.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

26. Contact

You can contact us by post at samename.com, 1 Girton Close, Scunthorpe, N Lincolnbshire, DN16 3JT. If you wish to pay by cheque please make payable to ‘samename.com’ and send them to the above address. Please make sure you include your full name and email address with all correspondence.



 


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