Right, take a deep breath and here we go …
Terms and Conditions for Using the Mini-et-Moi Website
Please read the following terms and conditions carefully. The Mini-et-Moi website and e-mails (the “Website” or “Mini-et-Moi.com”) are provided for your and other’s personal and non-commercial enjoyment subject to these Terms and Conditions and any amendments or supplements to them that may be posted by Mini-et-Moi from time to time (the “Terms and Conditions”). Your use of this Website shall be deemed to constitute your consent to be bound by these Terms and Conditions. All changes to the Terms and Conditions will appear on Mini-et-Moi.com. By using the Website after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you are not willing to accept the Terms and Conditions please do not use the Website.
The Website is owned by Mini-et-Moi. All right to, title to, and interest in the content displayed on the Website, including but not limited to the Website’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Mini-et-Moi or its respective partners, agents, or third parties.
3. Website Intended Audience
This Website is intended for and directed to adults in the United Kingdom only for their personal, non-commercial enjoyment and entertainment. This Website is not intended for any children under the age of 18.
5. Electronic Communications
The information communicated on the Website constitutes or via other forms of electronic media constitutes an electronic communication. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
6. Compliance With Laws
You agree to comply with all applicable local laws regarding your use of the Website.
7. User Conduct
7.1. This Website and any communications service that may be available to you on or through the Website (the “Services”) are provided to you solely for entertainment purposes. By using the Website and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Mini-et-Moi reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
7.2. You understand and agree that all text, graphics, photographs, videos, data, information, software, music, sound, messages, posts, or other materials (“Content”) are the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Website.
7.3. You agree that you will not use the Website in any way to:
7.3.1. post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libellous, or invasive of another’s privacy;
7.3.2. post, disseminate, or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials or third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
7.3.3. post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
7.3.4. post, disseminate, or transmit any unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
7.3.5. post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
7.3.6. impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and IP (Internet Protocol) addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Website;
7.3.7. interfere with, disrupt, or harm in any way the Website or servers or networks connected to the Website;
7.3.8. electronically “stalk” or harass another user;
7.3.9. collect or store personal data about other users or engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
7.3.10. use the Website for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Website’s providers, Websites or the like; or
7.3.11. intentionally or unintentionally violate any applicable local, national, or international law or any regulations having the force of law.
8. Protection of Intellectual Rights and License
You acknowledge that Content available through the Website, including, without limitation, Content provided by suppliers, sponsors, or third-party advertisers and all intellectual property rights therein including but not limited to copyrights, trademarks, patents, or other proprietary rights and laws (“Intellectual Property Rights”) is proprietary information. Except as expressly authorized by Mini-et-Moi, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works of any Content (including, without limitation, any software) or Intellectual Property Rights available through the Website. You are hereby granted a nonexclusive, non-transferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Website for your personal, non-commercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other Websites, regardless of whether you receive compensation, without the prior written permission of Mini-et-Moi. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of Mini-et-Moi. Except as expressly provided in the Terms and Conditions, nothing contained herein or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Mini-et-Moi’s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
9. User Content and Correspondence
10. Storage of Content
You agree that Mini-et-Moi may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Website. You agree that Mini-et-Moi has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the Website.
11. Your Contact With Advertisers or Other Third Parties
Your dealings with advertisers or other third parties found on or through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Mini-et-Moi does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Mini-et-Moi will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
12. Links to Other Websites
Mini-et-Moi may from time to time provide links to other sites and/or resources, including advertisers, over which Mini-et-Moi has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Mini-et-Moi of content, items, or services on those third-party Websites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. Mini-et-Moi makes no representations or warranties with respect to the Content, ownership, or legality of any such linked Websites. You agree that Mini-et-Moi has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.
13. Linking to Mini-et-Moi
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mini-et-Moi so long as the link does not portray Mini-et-Moi, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Mini-et-Moi logo or graphic or trademark as part of the link without the express written permission of Mini-et-Moi.
14. Information Disclaimer
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEBSITE ARE INTENDED SOLELY AS ENTERTAINMENT AND A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL, HEALTHCARE NOR FINANCIAL ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED PROFESSIONAL FAMILIAR WITH YOUR UNIQUE CIRCUMSTANCES. ALWAYS SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER MINI-ET-MOI NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. MINI-ET-MOI AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE MINI-ET-MOI STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, MINI-ET-MOI AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
15. Disclaimer of Warranties With Respect to Use of Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINI-ET-MOI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. MINI-ET-MOI DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MINI-ET-MOI MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINI-ET-MOI OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MINI-ET-MOI BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (6) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT MINI-ET-MOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Mini-et-Moi, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable solicitors’ fees and costs of litigation resulting from or in any way connected with your use of the Website; Content you submit, post, or transmit through the Website; your breach of the Terms and Conditions; and your connection to the Website.
18. Trademark Notices
Mini-et-Moi is a trademark of Mini-et-Moi. The Mini-et-Moi logo and design, Mini-et-Moi.com, and other marks are trademarks or servicemarks of Mini-et-Moi. All other trademarks and servicemarks are the property of their respective owners. You may not use or display any trademarks or service marks owned by Mini-et-Moi without our prior written consent. You may not use or display any other trademarks or service marks displayed on this site without the permission of their owners.
19. Modification or Suspension of the Website
You agree that Mini-et-Moi may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Mini-et-Moi will not be liable for the consequences of doing so.
You agree that Mini-et-Moi may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any or all of your Content within the Website, without prior notice to you for any reason that Mini-et-Moi, in its sole discretion, deems appropriate. You further agree that Mini-et-Moi will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Terms and Conditions regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
21. Severability of Terms and Conditions
If any provision of the Terms and Conditions is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms and Conditions shall continue in full force and effect.
22. Limitations of Actions Brought Against Mini-et-Moi
You agree that any claim or cause of action arising out of your use of the Website or the Terms and Conditions must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
23. Applicable Law
The Terms and Conditions and the resolution of any dispute related to the Terms and Conditions or the Website shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Mini-et-Moi and you related to the Terms and Conditions shall be brought exclusively in a court of competent jurisdiction in England and Wales, and you agree to submit to the personal and exclusive jurisdiction of such courts.
24. Contact Information
If you have any questions or concerns with respect to the Terms and Conditions or the Website you may contact a representative of Mini-et-Moi by e-mail at firstname.lastname@example.org.
1 September 2007