Welcome to our website at www.xpanded.com ("Website“.) xpanded.com ("we" or “us”) makes available certain interactive online entertainment services for users (“you”) including online, mobile and fixed line telephone chat, chat voice message and text message services ("Services").
You must read and agree to the Website’s terms and conditions before you may access the Website or our Services.
TERMS AND CONDITIONS
Last updated: 14 February 2007
- 1.1 By using our Website and/or Services you accept these terms and conditions and enter into a legally binding agreement with us.
- 1.2 We reserve the right to vary the terms and conditions at any time and post any updated terms and conditions on the Website. Any amendments to the terms and conditions shall take effect from the date of publication on the Website.
- 1.3 You are responsible for regularly reviewing and shall be bound by the terms and conditions that are published on the Website from time to time. If you do not agree with the terms and conditions at any time then you should cease to use the Website and Services.
- 2.1. You are at least eighteen years old or twenty-one if twenty-one is the age of majority in the location where you access the Website and/or Services. Persons under the age of majority, pretending to be over the age of majority or knowingly soliciting persons under the age of majority shall be immediately prevented from further use of the Website and/or Services and where applicable their Membership shall be terminated.
- 2.2 You reside in a territory where the laws do not deem the Website and/or Services to be illegal.
- 2.3 You acknowledge and accept that the Website and/or Services may contain sexually explicit material and you confirm that are not offended by the content of the Website and/or Services including any visual, audio or text content. We are not liable to remove content that causes you offence although we shall do so if, in our reasonable opinion, we believe any such content is illegal, is likely to be illegal or is against our policies.
- 2.4 You have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 or Sexual Offences Act 2003 (or under any statutory enactment replacing and/or amending these Acts) and you have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
- 2.5 You shall not allow minors to view or access the Website or access the Services.
3. YOUR OBLIGATIONS
- 3.1 You shall use the Website and Services in a manner consistent with any applicable laws and regulations and shall perform your obligations set out in the terms and conditions.
- 3.2 In particular you shall NOT:
- 3.2.1 use the Website or Services for illegal purposes or infringe any third party’s rights, including but not limited to privacy rights and/or intellectual property rights;
- 3.2.2 behave in a way that is offensive, racist, abusive, obscene, threatening or libellous in your use of the Website or the Services;
- 3.2.3 use the Website or Services for commercial or business purposes (other than as specifically permitted herein);
- 3.2.4 attempt to gain unauthorised access to any information available on the Website or Services or to any of the networks used in providing the Website or Services;
- 3.2.5 misuse the Website or Services in any other way.
- 3.3 You shall not use the Website or Services to engage in, promote or refer to any the following:
- 3.3.1 paedophilia or any references to sexual acts with minors, including adults role-playing as minors;
- 3.3.2 any sexual activity which involves or implies lack of consent from the participants, such as rape or physical restraint (whether real or simulated);
- - the infliction of pain or physical harm, including sadism and masochism, strangling, burning, causing bruising or injury, or other type of torture (whether real or simulated). Some allowance may be made for mild consensual activity, which does not cause lasting physical harm (such as light spanking);
- - visibility of blood, urine or faeces;
- - cutting the body or penetration of the body by any object likely to cause actual harm or associated with violence (such as without limitation needles, knives, pins and heavy-duty tools);
- 3.3.3 violent, degrading or humiliating sex including the following:
- 3.3.4 bestiality;
- 3.3.5 prostitution and pimping;
- 3.3.6 drug use (whether real or simulated).
- 3.4 Any use by you of personal numbers will be made in accordance with the terms and conditions for personal numbers, a link to which will be contained on the page of the Website where you obtain your personal number or as is otherwise notified to you.
- 3.5 In the event that you breach any of the provisions above then we shall be entitled to take action against you including immediately preventing your access to the Website and/or Services or terminating your Membership or use of the Website and/or Services. Where we consider this appropriate and/or as may be required by law we shall take legal action against you including reporting you to any relevant law enforcement authorities.
4. OUR RIGHTS
- 4.1 We have the right to:
- 4.1.1 monitor, record and at our sole discretion, remove for any reason whatsoever any information or content and any other materials submitted by you ("Content"), particularly if we consider that the Content in any way breaches these terms and conditions or is otherwise against our policies or is in violation of the law;
- 4.1.2 prevent your access to the Website and Services and/or terminate your Membership or use of the Website and Services with immediate effect in accordance with the termination provisions below;
- 4.1.3 make changes to the Website and/or Services in our sole discretion or as required from time to time by law or applicable safety requirements;
- 4.1.4 to the extent permitted by law, copy, edit or reproduce any information submitted or transmitted by you on the Website and Services in any form.
- 5.1 Fees are payable by you for using the Services and these shall be notified to you prior to you incurring them. All fees include VAT unless expressly stated otherwise.
- 5.2 We have the right in our sole discretion and at any time to make any changes to our fees, payments, payment processing and collection methods, including but not limited to changes to our third party payment processors and currencies in which payment may be made.
- 5.4 If you have successfully registered as a member (“Member”) on the Website then you may make a credit or (in certain territories) a debit card payment to purchase Reward points (“Reward Points”.) Please note that any Reward Points purchased under the Reward Points scheme shall be governed by these terms and conditions.
- 5.5 Please be aware that your credit or debit card issuer agreement governs your use of your designated credit or debit card in connection with any such payment. You must refer to that agreement and not these terms and conditions regarding your rights and liabilities as a credit or debit card holder.
- 5.6 Credit and debit card charges are processed via one of our third party processors, who will process the payment accurately and securely. In the event that you choose to make payment via the Website then you shall be transferred to the relevant third party processor’s website where the relevant payment shall be processed.
- 5.7 If you are a Member, you may view a summary on the Website of your use of the Services along with your current payment balance.
- 5.8 You shall pay any sums due to us by the means of the payment specified on the Website and without any set-off, deduction, counter-claim or any other withholding of monies.
- 5.9 In relation to credit and debit card payments, the payment shall not be deemed to be made by you until we have received cleared funds in respect of the full amount owing.
- 5.10 Except as otherwise stated in these terms and conditions, we do not provide refunds unless we consider in our sole discretion that extraordinary circumstances apply although we may in our sole discretion grant Reward Points in lieu of a refund. If you believe that you have a legitimate right to any refund then you must contact us in writing at email@example.com giving a full explanation of your request. In the event that we issue a refund then this shall be made by crediting the credit or debit card that was used by you to make the purchase. No refunds shall be made by cash or cheque.
- 5.11 Where you elect at the time of sign-up to the Website to make periodic subscription payments in relation to the Services, you are responsible for any such payments in accordance with these terms and conditions.
- 5.12 If you elect to make a payment on a subscription basis where the payment automatically renews at the end of the original term (“Automated Recurring Payment”), then you shall be charged the agreed sum on the due date for renewal. However you shall not be charged this sum in relation to an Automated Recurring Payment in the event that we receive a notice from you (sent to: firstname.lastname@example.org ) stating that you do not wish to renew your subscription no fewer than seven (7) days before the due date for renewal. This shall not apply to any trial offer unless we state that you will be automatically charged on the day following the date on which the trial offer expires.
- 5.13 In the event of a charge back occurring from your credit card and being charged back to us, your Membership will be terminated immediately and all of your Reward Points will be forfeited. In addition we may take appropriate legal action to recover any sums due including but not limited to referring any charge-backs to third party debt collection agencies.
- 5.14 A Member who has not yet used the Services, acts in accordance with these terms and conditions and makes a payment to us, shall have the right to cancel and be refunded the payment within seven days from the date in which the payment is made by sending a notice to us at email@example.com.
- 5.15 For any payment and billing enquiries please contact our Customer Support team at firstname.lastname@example.org.
6. MEMBERSHIP AND REWARD POINTS
- 6.1 You may apply to register on the Website as a Member by providing a valid email address and other relevant details and you shall update us of any changes to these details. We shall be entitled at our sole discretion to reject any applications for Membership.
- 6.2 You shall not assign, transfer, part with and/or authorise any other person to use your user name and password (“User Details”) and shall safeguard your User Details. You are solely responsible for any loss or damages caused by the use of your User Details, including any use not approved or contemplated by you.
- 6.3 Registering as a Member entitles you to certain membership (“Membership”) benefits including in relation to the Reward points scheme that we may in our sole discretion operate from time to time (“Reward Points Scheme”.)
- 6.4 The Reward Points Scheme is only open to Members in accordance with these terms and conditions. Under the Reward Points Scheme, Members may have Reward Points credited to their account in one of the two following ways:
- 6.4.1 by purchasing Reward Points through making payment for these via the Website. In this case any Reward Points purchased by a Member that have not been redeemed shall expire thirty (30) days from the date on which they were purchased; or
- 6.4.2 by being awarded Reward Points through loyally using the Services in accordance with these terms and conditions. In this case any Reward Points that have been not been redeemed by a Member also shall expire thirty (30) days from the date on which they were awarded. In this case these Reward Points have no cash value until they are redeemed.
- 6.5 A Member’s entitlement to redeem Reward Points shall terminate or be suspended if:
- 6.5.1 the Member’s account is terminated or suspended by us pursuant to these terms and conditions, or if the Member’s account closes, terminates or expires for any other reason, or if:
- 6.5.2 we suspend or terminate the Rewards Point Scheme. In this case we shall give to Members as much prior notice as is reasonably possible and Members’ accounts will be accordingly suspended or terminated.
- 6.6 If we suspend or terminate the Rewards Point Scheme and a Member has paid for Reward Points, then we shall refund in full any pro-rata sum equivalent to the Reward Points paid for by the Member as at the date of such suspension or termination and such calculation and payment shall be reasonably made in our sole discretion.
- 6.7 If we suspend or terminate the Rewards Point Scheme and a Member has not paid for Reward Points but has been awarded these for loyally using the Services, then we shall not be obliged to make any payments to the Member.
- 6.8 We may close a Members’ account where no points have been paid for, awarded to or redeemed by the Member for a continuous period of ninety (90) days.
- 7.1 We shall be entitled to terminate your access to the Website and/or Services and/or terminate your Membership with immediate effect in the event that:
- 7.1.1 you breach any of these terms and conditions; or
- 7.1.2 we cease trading or for any reason cease to operate the Website and/or Services; or
- 7.1.3 you do not use the Website and/or Services for a period exceeding ninety days.
- 7.2 If we terminate your Membership we will notify you in writing to the e-mail address you have supplied to us.
- 7.3 You may terminate your Membership at any time via the Website. If you would like to discuss this first then please contact us at email@example.com.
- 7.4 All monies paid by you to us are non-refundable and cancellation and/or termination of Membership or your agreement with us at any time for any reason will not entitle you to a refund of monies paid, except as otherwise stated in the terms and conditions.
8. INTELLECTUAL PROPERTY RIGHTS
- 8.1 Any and all Intellectual Property Rights in the Website and Services shall be owned by us or our associates or licensees (as applicable). Intellectual Property Rights means patents, trade marks, service marks, registered designs, design rights, confidential information, applications for any of the foregoing, copyright (including copyright in software), database rights, know-how, unregistered designs, trade or business names and other similar rights or obligations anywhere in the world, whether registered or not and whether capable of registration or not.
- 8.2 Any trademarks including logos, names and images displayed on the Website are our registered or unregistered trademarks or those of our licensors as applicable. Except where expressly stated to the contrary, nothing on our Website confers any licence or right to use any trademarks displayed on our Website without our prior written approval.
- 8.3 By submitting any content to us you hereby grant to us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your content worldwide and/or to incorporate your content in other works in any media now known or later developed for the full term of any rights that may exist in your content. If you do not want to grant to us these rights then you should not submit your content to us.
- 9.1 The Website and Services are provided to you on an “As Is” basis" without any representations or any kind of warranty made by us (whether express or implied by law) to the extent permitted by law, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose and compatibility. In particular, we do not guarantee that the Website and/or Services, or any element of the Website and/or Services, shall meet your requirements, purpose or expectations.
- 9.2 We do not warrant that any of the information, content or material supplied by you is accurate or current and we are not under any obligation to verify such information.
- 9.3 We do not provide any warranties in respect of the results, availability, and uninterrupted use of the Website and/or Services or that they are free of viruses or defects.
- 9.4 We may on occasions need to perform network maintenance or upgrades. If we need to bring down the Website and/or Services to do so then we shall endeavour to provide reasonable advance notice to you. However, please be aware that we may do so at any time in our sole discretion and with no notice in order to preserve the integrity of our networks and we shall not be liable to pay any compensation to you if we do so.
10. LIMITATIONS ON LIABILITY AND INDEMNITY
- 10.1 We shall have no liability to you for any and all damages, claims, awards, costs and expenses in relation to the following:
- 10.1.1 loss of data; loss of revenue or anticipated profits; loss of business; loss of opportunity; loss of goodwill or injury to reputation; losses suffered by third parties; or any indirect, consequential, special or exemplary damages arising from the use of Website and/or Services regardless of the form of action;
- 10.1.2 any content, information and/or other material contained on the Website and/or in the Services made available to you or arising from any unauthorised use of Content, information and/or other material submitted or received by you on the Website and/or Services;
- 10.1.3 any links to other third party websites ("Linked Sites") that the Website may contain. We are not responsible for the contents of any Linked Site and the products and/or services offered on third party websites. The inclusion of any link does not imply endorsement or approval by us of the Linked Site or any association with its operators.
- 10.2 In any event, our total liability to you under and/or arising in relation to these terms and conditions shall not exceed three times the amount paid by you in relation to the Website and/or Services within the preceding year (if any) or the sum of £150 whichever is the higher. You shall produce to us written evidence of any claims for which it is alleged that we are liable together with written details of how any loss was caused by us and the steps you have taken to mitigate the loss (if any) before we consider your claim.
- 10.3 Nothing in these terms and conditions shall exclude or limit:
- 10.3.1 Our liability for death or personal injury due to our negligence or any liability which we are not permitted to exclude or limit as a matter of law; or
- 10.3.2 any of your statutory rights which may not be excluded or limited due to you acting as a consumer.
- 10.4 You shall indemnify us against any and all losses, damages, awards, costs (including legal costs) and expenses suffered by us and arising from or relating to your use of the Website and/or Services, or arising from or due to any breach of these terms and conditions by you.
- 11.1You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or your use of the Website and/or Services.
- 11.2 We may assign or transfer our rights and obligations under these terms and conditions to a third party at any time.
- 11.3 These terms and conditions contain the entire agreement between you and us with respect to the subject matter hereto and supersedes all previous agreements and understandings between us.
- 11.4 If any provision of the terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
- 11.5 No waiver by us of any breach of the terms and conditions shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
- 11.6 Any delay or failure by you or us to perform any obligation under these terms and conditions shall not constitute a breach of these terms and conditions to the extent that it is caused by an act, event, omission or accident beyond the reasonable control of that party.
- 11.7 Headings in these terms and conditions are for ease of reference only and shall not affect their interpretation.
- 11.8 All third party rights are excluded and no third parties shall have any right to enforce the terms and conditions. This shall not apply to our associated companies who shall have the right to enforce the terms and conditions as if they were us.
- 11.9 The terms and conditions are governed by and interpreted in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
- 11.10 The Website is owned and operated by Virtual Universe Limited, a company established under the laws of England and Wales with registered number 03064568 and with its registered office at 1 Regent Street, London, SW1Y 4NW and principal place of business at 28-39 The Quadrant, 135 Salusbury Road, London NW6 6RJ, United Kingdom. It is registered for VAT in the United Kingdom with number GB877113217.
© 2007 Virtual Universe Ltd