4D INTERACTIVE LIMITED TERMS AND CONDITIONS
These terms and conditions (the "Terms") are the terms on which this website and Our various chat services and recorded services, as more particularly described in clause 2 below, (the “Services”) are made available to you ("You"). By accessing the Website or Services You agree to be bound by these Terms.
INFORMATION ABOUT US/ GENERAL INFORMATION
We are 4D Interactive Limited a company registered in England and Wales under registration number 02676756 and our address is 167-173, Wandsworth High Street, London, SW18 4JB. ("We"/ "Us"/"Our"). Our VAT number is 645624528.
If You have any questions, complaints or comments on this Website then You may contact Us at CallCentreAgents@4dinteractive.co.uk or on 0870 442 4202.
We provide various services for You to choose to receive including the following:
Interactive Voice (IVR) Social Networking: We provide a range of interactive voice services and recorded services available via a variety of 0871, 0800 and 0845 numbers that enable callers to: send recorded messages and chat to other users; browse and listen to other users' introduction messages; download and upload pictures; listen to pre-recorded content including horoscopes.
Your use of these Services is charged at only ten (10) pence per minute for 0871 access numbers, is free for 0800 numbers and is charged at the local rate for 0845 numbers. Please be aware that local rates may vary. Please also note that charges for calls from mobiles may vary. This Service can not be accessed from outside the UK. Charges for Your use of the Service will appear on and be paid for via Your phone bill. You must be 18 or over to use these Services.
SMS/MMS Social Networking: Our text chat Services are subscription services and to stop texts you must send STOP to 83738. Women: standard network charges only apply on all messages sent and received. Matches are charged at ten (10) pence each plus standard network charges. Men: all messages sent and received are charged at twenty five (25) pence plus standard network charges. All texts are redeemed in batches of £1.50. All picture messages cost 60p to download. Charges for Your use of the Service will appear on and be paid for via Your phone bill. You must be 18 or over to use the Service.
Television Social NetworkingVoice to TV: To get Your voice on the air via Our channel using our 0871 access number You will be charged at only ten (10) pence per minute. Please also note that charges for calls from mobiles may vary. The Service cannot be accessed from outside the UK. Charges for Your use of the Service will appear on and be paid for via Your phone bill.
SMS/MMS to TV: The first 15 SMS messages to Our television channel Service cost 10p per message. SMS messages to Short Code 83388 using the Key Words CHAT, TEXT or another service user’s Nickname cost 25p thereafter. All texts you receive, including instructions and any 121s from other ChatBox users are FREE (Standard network charges also apply), Picture messages to long number 07843 683 388 are also FREE (once again standard network charges also apply). Charges for Your use of the Service will appear on and be paid for via Your phone bill.
COPYRIGHT/COPYRIGHT LICENCE
You may not use the Service, this Website or any part(s) thereof for any purposes other than for Your own personal use nor for any commercial purposes including, without limitation, leaving or distributing advertisements or promotions or offering, either directly or indirectly, services or goods for sale.
Your use of the Service, this Website and their contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in this Website and its contents or comprised in any of the Services.
You may not, without limitation, copy, reproduce, republish, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Website and its contents, the Services or any part(s) thereof.
Any use other than that permitted under this clause 3 may only be undertaken with Our prior express authorisation.
YOUR USE OF THE WEBSITE/ VISITOR MATERIAL AND CONDUCT
You agree that in using the Service and Website You will not:
use the Service or Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
use the Service or Website for any purpose other than Your personal use, nor for any commercial purposes including, without limitation, leaving or distributing advertisements or promotions or offering, either directly or indirectly, services or goods for sale;
record or leave any content or act in any manner which is defamatory, in breach of copyright or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religions, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal;
record or disclose personal data regarding another Service user or person including, without limitation, their email, address or other contact details that would enable another Service user to contact them without their express consent; or
use the Service or Website to engage in discussion of any subject that is illegal or grossly offensive.
Please note that We may, at Our discretion monitor or record calls or messages for the purpose of ensuring compliance with these Terms, for training purposes and to investigate any complaints.
We reserve the right to suspend, restrict or terminate Your access to the Service at any time without notice at Our discretion where You are or We suspect that You may be in breach of these Terms.
We reserve the right to edit or delete any and all text, audio and video messages which We consider to be in breach of these Terms.
Where arranging to meet another user through the Service it is recommended that You inform a friend of Your plans and arrange to meet in a public place.
YOUR LEGAL OBLIGATIONS
You must be 18 years of age or over to use any Service. If We discover or suspect that You are not aged 18 years or older then We may bar or terminate Your access to the Service without notice.
You agree to compensate us if any claim (including any legal fees in relation to such claim or damages) is made by a third party in respect of any matter in relation to or arising from Your use of the Service or Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party .
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise Chatbox or Gay Network to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Channel or Service and these Terms of Service; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Channel or Service and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Chatbox or Gay Network, you hereby grant Chatbox or Gay Network a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Chatbox or Gay Network Channels and Chatbox or Gay Network (and its successor's) business, including without limitation for promoting and redistributing part or all of the Chatbox or Gay Network Channels (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each viewer of the Chatbox or Gay Network Channels a non-exclusive license to access your User Submissions through the Channels, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Channels and under these Terms of Service.
The foregoing license granted by you terminates once you remove or delete a User Submission from the Chatbox or Gay Network Channels. In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Chatbox or Gay Network all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Chatbox or Gay Network or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business:
(v) impersonate another person.
OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
Much of the content posted via the Services is third party content and therefore We do not always have control over the contents of communications made by or between Service users and can not be held liable for any contents of or consequences of such content. You must be aware that any information provided by another Service user may be incorrect or misleading and it is Your responsibility to take precautions and use common sense when using the Service and providing any information to another user or in a recorded message. You may find other Service users’ use of the Service offensive, harmful or deceptive and You should also be aware that the Services may involve persons playing roles and pretending to be something that they are not.
Nothing in these Terms shall exclude or limit Our liability for fraud or for death or personal injury resulting from Our negligence or the negligence by Us, Our employees or agents.
Whilst We use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the information provided via the Service itself will be free from errors or omissions.
We do not warrant that the Service will be available uninterrupted and in a fully operating condition.
Access to this Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
Save to the extent that nothing in this clause 6 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service) all content and services in the Service are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of this Service or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via this Service. Any decisions or action taken by You on the basis of information provided on or via the Website are at Your sole discretion and risk and You should obtain individual professional advice where necessary.
Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with and/or these Terms shall be limited in aggregate to the net payment to Us from You in relation to the relevant Service session.
We will co-operate with any regulators (including, without limitation, ICSTIS (the premium rate services regulator)), law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching clause 4.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law or may exercise our discretion to disclose information about You or Your use of this Service to such persons.
CHANGES TO THESE TERMS
We are constantly looking for new ways to improve our Services and to enhance Your experience. We therefore reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on Our website and You will be deemed to have accepted any such changes by Your use of this Website from such time.
SEVERANCE
Each provision of these Terms shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and interpreted in accordance with the laws of England and Wales (or, where this is not permitted by applicable law, the country of Your domicile). Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales unless this is not permitted by applicable law, in which case the courts in the country of Your domicile shall have exclusive jurisdiction.
GENERAL
Please note that prices as advertised in the press and generally may be subject to change and therefore it is important that You review these Terms and the Website before using the Service to ensure that You are aware of the latest charges that will apply. All such changes will take effect once they have been posted on Our Website and You will be deemed to have accepted any such changes when You next choose to use the Service.
You may print or save a copy of these Terms for Your reference but the most up to date version of these Terms will always be made available whilst this Website is operational. However, We will not file a copy of these Terms as they specifically reflect Our agreement with You.
These Terms are only available in the English language.
These Terms were last updated on 08/02/2008.