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
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").
- 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
- 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;
- 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.
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.
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
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
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
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.
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).
- 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.
- (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
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
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
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
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
- 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,
- 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
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.
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
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
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.
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.
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.
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.