These terms and conditions regulate the business relationship between You and Us. By using Our Web Site in any way, or by buying from Us, you agree to be bound by them.
The terms and conditions
1 Definitions In this agreement:
“Content” means information in any form published on Our Web Site by Us or any third party with Our consent.
"Intellectual Property Rights" means database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered).
"Member" means any person whose Membership has been accepted by Us and whose Membership remains valid for the time being.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site at www.phlirtz.com.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Service, and the phrases “Posted” and “Posting” shall be constructed accordingly.
“Profile” means the section containing details, photographs and/or information about You composed and Posted by You.
“Service” means any of the Services We offer for sale on Our Web Site.
"We, Us, Our" means Phlirtz.com
"You, Your, Yourself" means the person whose application for Membership of the Service is accepted by Us.
2 Our contract with You
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to You as a visitor to Our Web Site; and
2.1.2 in any event to You as a buyer or prospective buyer of Our Services.
2.2 We shall accept Your order by e-mail confirmation. Our message will also confirm details of Your purchase and tell You when We shall commence the Service. That is when Our contract is made.
2.3 We may change these terms from time to time. The terms that apply to You are those Posted here on Our Web Site on the day You order Our Services.
2.4 We reserve the right to monitor and at Our option to remove for any reason any information, photographs and/or other material Posted by You.
2.5 We shall have the right to refuse to register applications for Membership and to terminate Memberships at any time.
2.6 We reserve the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service
4 Member’s Conduct
4.1 You will not:
4.1.1 Post Your personal details such as Your telephone number, address and/or e-mail address or URL in Your Profile or on Our forums or any other information which would allow other Members and/or Users to contact You directly;
4.1.2 transmit and/or Post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties' rights;
4.1.3 transmit and/or Post any harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature;
4.1.4 use the Service to promote another service, site and/or business or solicit other Members’ business or buy or sell products and/or services;
4.1.5 attempt to gain unauthorised access to any information available on Our Web Site or to any of the networks used in providing Our Services;
4.1.6 Post and/or reproduce in any way any information and/or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;
4.1.7 Post any spam, chain letters and/or junk e-mail to other Members;
4.1.8 in any way assign, transfer, part with and/or authorise any other person to use, Your Membership.
5 Your Phlirtz.com Profile
5.1 You acknowledge that other Users will be able to view Your Profile.
5.2 If You Post and/or disclose to other Users any confidential or sensitive information about Yourself then You do so entirely at Your own risk.
5.3 You warrant and represent to Us that all information Posted by You:
5.3.1 is accurate, truthful, and is not misleading;
5.3.2 will be regularly updated by You so that it remains accurate, truthful, and not misleading.
5.4 We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted.
6 Termination of Membership
6.1 You may terminate Your Membership at any time with immediate effect by serving written or electronic notice on Phlirtz.com Ltd.
6.2 Phlirtz.com may terminate or suspend Your Membership immediately if:
6.2.1 You have breached these terms and conditions;
6.2.2 in Our reasonable opinion, any information Posted by You is damaging or potentially damaging to the interests of Our business.
6.3 Phlirtz.com shall not be liable to You or any third party for termination of Your Membership in accordance with these terms and conditions.
7 Disclaimers
7.1 We or Our Content suppliers may make improvements or changes to Our Web Site, the Content, or to Our Services, at any time and without advance notice.
7.2 You are advised that Content may include technical inaccuracies or typographical errors.
7.3 We give no warranty and make no representation, express or implied, as to:
7.3.1 the adequacy or appropriateness of the Services for Your purpose;
7.3.2 the truth of any information given on Our Web Site;
7.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a particular purpose;
7.3.4 compatibility of Our Web Site with Your equipment software or telecommunications connection;
7.3.5 compliance with any law;
7.3.6 non-infringement of any right.
7.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that We shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from Your use of any such web site.
7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with Your use of Our Web Site or the purchase of Our Services.
7.6 In any claim against Us Our liability is limited to the value of the Services You have purchased in the contract which is the subject of the dispute.
8 Content and Intellectual Property Rights
8.1 Title, ownership rights, and Intellectual Property Rights in the Content whether provided by Us or by any other Content provider shall remain the sole property of Us and / or the other Content provider. We will strongly protect its rights in all countries.
8.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
8.3 You may download or copy the Content only for Your own personal use, provided that You maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
9 System Security
9.1 You agree that You will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
9.2 You agree that You will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that You will not permit any other person to do so.
9.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
9.4 Examples of violations are:
9.4.1 accessing data unlawfully or without consent;
9.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
9.4.3 attempting to interfere with Service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
9.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup Posting;
9.4.5 taking any action in order to obtain Services to which You are not entitled.
9.5 You agree to indemnify Us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
9.5.1 any violation of system security as set out above;
9.5.2 Your use of Our Web Site;
9.5.3 any other breach or violation of this agreement by You;
9.5.4 the infringement by You, or by any other user of the Services using Your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of Your communications.
10 Indemnity
You agree to indemnify Us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of Your use of Our Web Site, or the infringement by You, or by any other person using Your computer, of any intellectual property or other right of any person.
11 Contractual Limitation
Where We provide services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Service for which a charge is made. Accordingly, there is no contractual nor other obligation upon Us in respect of any such Services.
12 Rights of third parties
Nothing in this agreement or on Our Web Site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
13 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14 No Waiver
No waiver by Us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
15 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between You and Us, then You agree to attempt to settle the dispute by engaging in good faith with Us in a process of mediation before commencing arbitration or litigation.
16 Force majeure
We are not liable for any breach of Our obligations resulting from causes beyond Our reasonable control including strikes of Our own employees.
17 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.