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In this terms and conditions, "us", "we", "our", "website" or "site" means www.smooshu.com.
"You" refers to the user of this website and its related services, and as such you have gained the right to use this website by respecting the applicable terms and conditions detailed below.
"Service(s)" refers to your use of smooshu.com for any purpose whatsoever.
This legal notice applies to the entire contents of this website under the domain smooshu.com ("Website") and to any correspondence by e-mail between us and you. Read the terms and conditions carefully before using this website and if you require any clarification about the terms and conditions please contact us. By proceeding further you agree to be bound by these terms and conditions at all times. If you do not agree with them then please don’t register as a member or use this website.
At any time the terms and conditions are subject to change. smooshu.com reserves the right to terminate your membership for any reason, and reserves all its rights in relation to all other matters. These terms and conditions apply to the entire smooshu.com website and to any correspondence between smooshu.com as the service provider and you as the customer.
Once you become a member by completing online registration you will have entered into an additional and legally binding agreement with smooshu.com for the provision of the smooshu.com service ("Service") we deliver.
- Age Restriction - In order to register as a user you must be 18 years old and over. By registering as a user you thereby declare you represent and warrant the right authority, capacity to enter this agreement and to abide by all of the terms and conditions of this agreement.
- Scope Of Service - Functionality includes finding other users, adding favourites or messaging within the system. It is forbidden to create multiple profiles within the Website.
- Term And Termination - This agreement will remain in full force and effect while you are a member of this service. You can cancel your membership in the members area for any reason you see fit. By deleting your account you will be removed from our database. We reserve the right to, without limitation, do any or all of the following in relation to your membership:
- permanently or temporarily hide all or part of your member profile;
- modify your member profile;
- terminate your membership for any reason by providing notice to you by email;
- terminate your membership immediately without notice to you if you have committed a breach of our terms;
- deactivate your membership if you have not used smooshu.com for a period of 3 months or more (from the date of last use); and/or
- permanently or temporarily block your access to all or part of smooshu.com.
- Illegal Use By Members - Illegal uses of the Website include collecting email addresses from users within the Website and using them to send unsolicited email. We will investigate any unauthorised framing or linking to the Website and if need be take the proper course of legal action.
- Proprietary Rights of Content on smooshu.com - smooshu.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other intellectual property and proprietary information of smooshu.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information.
- Content Posted On The Site And Prohibited Content -
- As a smooshu.com user it’s important that the information you supply is accurate as our service relies on factual information for other users to contact you.
- Any material that smooshu.com considers has violated this agreement or might come across as offensive, illegal or threaten other members safety will be reviewed and may be deleted. Information that may be examined includes messages, photos or profiles that have been uploaded.
- The following is a list of the content that smooshu.com finds illegal and prohibits being published. If a member has violated an item in the list they may be subject to investigation and smooshu.com may investigate the matter at its sole discretion. The offensive material will be removed and the member who has violated the act may have their account removed and IP banned from further use of the website. Content considered illegal includes:
- Seen as being offensive.
- Promoting racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual.
- Illegally used without the owners permission. Includes for example photographs within a users profile.
- Involved in the transmission of unsolicited mass mailing.
- Promoting false, misleading or illegal activities or that is abusive, threatening, obscene or defamatory.
- Promoting an illegal or unauthorised copy of another person's copyrighted work, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
- Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
- Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
- The Service must be used in a manner which is consistent with all applicable laws, regulations and codes of conduct. Although smooshu.com cannot monitor the conduct of its members of the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person. We have no obligation to monitor any member's use of smooshu.com, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
- Prohibited Activities - If you undertake in any prohibited activities, smooshu.com reserves the right to terminate your membership. Below lists items that contribute to prohibited activities and we reserve the right to update this list at any time.
- As a user you will not impersonate another person.
- You will not harass or abuse another user.
- Copyrighted material, trademarks, or other intellectual property will not be produced, posted or distributed without obtaining the prior consent of the owner of such proprietary rights.
- Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming.
- Except and only to the extent permitted under applicable law you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or cause others to do so.
- You can not make statements claiming that they are endorsed by smooshu.com to other members within the Website.
- You will not "frame" or "mirror" any part of the Service or the Website without written authorisation from smooshu.com.
- You will not do anything misleading, malicious, unlawful, or discriminatory.
- You shall not use code or other devices containing any reference to smooshu.com, our Service or Website to direct persons to any other web page.
- You will not defame, abuse, harass, stalk, threaten or otherwise offend others.
- You will not upload content that is: sexually explicit or contains sexual references / innuendo, threatening, pornographic, violent, hateful or contains nudity or gratuitous violence by any medium.
- Account Security - Your username and password should always remain confidential and it’s your responsibility that during the registration process and each time you log into the Website you don’t show this information to any third party. If there has been unauthorised access into your account then you must notify smooshu.com immediately. Ensure that after each session, you log out of the members area, especially if you are using a shared or public computer. If unauthorised access has occurred because you have not taken the required precautions, smooshu.com accepts no responsibility.
- Customer Service - Our customer service team is there to assist and guide you through any problems that you have encountered. You are not to be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive. If you don’t comply with this agreement smooshu.com reserves the right to terminate your membership without warning.
- Copyright Policy - smooshu.com owns and retains all proprietary rights in the Website and the Service and any content posted on the Website. smooshu.com materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without smooshu.com written consent. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
- Member Disputes - smooshu.com takes no responsibility for its member’s interactions between one another. smooshu.com does reserve the right to monitor disputes between the members but in the end has no obligations to either party.
- Access - smooshu.com tries to ensure that the website is available 24 hours a day but do not guarantee that it will be uninterrupted or error free. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- Disclaimers - The material at the Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, smooshu.com provides you with this Website on the basis that smooshu.com excludes all representations, warranties, conditions and other terms this legal notice might have effect in relation to this smooshu.com website. We do not guarantee the accuracy or reliability of any advice, opinion, statement or other information displayed or received using our Service. Any such information that you rely on you do at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Website and the Service.
- Limitation On Liability - Nothing in this legal notice shall exclude or limit smooshu.coms liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)]; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. Subject to the foregoing, smooshu.com, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Service or this Website in any way or in connection with the use, inability to use or the results of use of this Website. Subject to the foregoing, smooshu.com liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to smooshu.com for the Service during the term of membership.
- Modifications To This Agreement - We are able to amend the terms and conditions at any time, and in effect will notify you of this change within the internal messaging system. When you receive this notice, if you decide that you don’t want to continue the Service you can terminate your membership from the ‘Update Profile’ page. By continuing to use the Service after the notice has expired you have therefore accepted the changes in the terms and conditions.
- Ownership Of Rights - All materials on the Website are copyrighted and are protected under treaty provisions and world-wide copyright laws. All rights reserved. The material at smooshu.com may not be reproduced, copied, edited, published, transmitted or uploaded in any way without smooshu.coms written permission.
- Release - If you want to take out action or a claim against another member using the Website then you agree that you will pursue this claim independently without any demands or help from smooshu.com. You thereby release us from all claims, liability and damages arising from the claim or action. If a member tries to take action or bring a claim against us because of your activities within the Website then you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate fully with smooshu.com in defending the matter so that we can take control of the situation.
- Responsbility - Unfortunately, it is possible that other members of smooshu.com may use the Site in violation of the terms. For example, it is possible that another member may post or transmit on smooshu.com content that is obscene or offensive, or use smooshu.com to harass you. We take no responsibility for our users actions, we can however investigate any claims a user has against a fellow user and suspend or terminate their account.
- Relationship - You agree that no joint venture, partnership, employment, or relationship exists between you and smooshu.com as a result of this agreement or use of this Website.
- Disputes - If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of Australia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the courts of New South Wales, Australia.
- Other - This Agreement, accepted upon use of the Website and further affirmed by becoming a member of the Service, contains the entire agreement between you and smooshu.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- Contact Information - If you have any questions about the rights and restrictions above, please contact us at email@example.com.
- Trademarks - smooshu.com
- Personal Safety -
smooshu.com STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS WEBSITE.
Your safety and security are very important to us. The nature of this Website promotes the sharing of personal information by users with other users. smooshu.com cannot and does not assure that it is safe for you to have direct contact with other users of this Website. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes. Note that you can also use the ‘block' feature on any profile if you wish to stop any other member from contacting you within the site. You can unblock a user at any time also within the ‘blocks’ page.
You are solely responsible for Content that you transmit or post on smooshu.com, or otherwise transmit to any member of smooshu.com by any other means.
Third party advertising
From time to time, smooshu.com may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of smooshu.com and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave smooshu.com entirely at your own risk.
From time to time, smooshu.com may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
By accessing this Website, you agree to use any personal information provided to you by other users of this Website in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Website for any reason without the express prior consent of the user that has provided such information to you.
All intellectual property and data on this site is property of www.smooshu.com.