Legal information MeetYourmessenger España S.L, CIF:ESB-92896471, Avda. Higuerón 48, -2, 29640 Fuengirola (Málaga), Spain. It is registered in Registro Mercantil Malaga, Tomo: 4438, Libro: 3347, Folio: 196, Hoja: MA-95172. About the Concept MeetYourmessenger is a social network. You can watch videos, compete with your friends in different online games, create your own discussion groups and check the latest news. The interesting thing about this portal is that no matter where you find yourself on the website, you can communicate with other users; you can decide for yourself if you want it to be family, friends or colleagues or if you want to meet new people and expand your private or professional network. We connect you to everyone who uses meetYourmessenger and you can see how you are connected to the different users in real life. MeetYourmessenger makes it possible for you to search for and find other meetYourmessenger users in your country, area or even city. You can read more about them, see their pictures, see who their friends are, ask them what they do for a living and much more. The purpose of meetYourmessenger is to create a meeting place where a user leaves his footprints and thereby automatically creates his profile based on his movement on the website. For that reason all profiles are open unless a user chooses to make use of the private galleries and groups or actively block a user’s access to his profile. Besides a user’s profile text and pictures, a profile is constantly expanded through the user’s behaviour on meetYourmessenger, e.g. questions & answers, the use of Times and Groups, visits to other profiles and reactions to other profiles. In this way, meetYourmessenger attempts to create an open, dynamic, close-to-reality and not least useful tool to stay in touch with friends and create new relations. When you sign up as user on meetYourmessenger, you accept your private information to be saved on our servers and passed on to other users. Just as you can see what other users are doing, writing, visiting and participating in, they will also be able to see what you are doing, writing, visiting and participating in. If you are not comfortable with that you should not create a profile on meetYourmessenger. User agreement and consent Subsection 1. Creation By creating a user profile in meetYourmessenger.co.uk, you agree with the following terms and conditions of use of the meetYourmessenger website. At the same time, consent is given regarding privacy, as described in §6. Subsection 2. Consent to marketing When creating a profile and later on in the process, the user has the option to tick a box and consents to receive direct marketing. The consent is as follows: “I accept to receive e-mails, newsletters, updates, user surveys and special offers related to my interests and offers from other parties sent from meetYourmessenger” By consenting to receive direct marketing as described, the user accepts to receive E-mails from meetYourmessenger containing the following: - Newsletters – besides contents concerning meetYourmessenger, newsletters can contain advertisements from third parties either determined by the interests users indicate on meetYourmessenger or it will be a common e-mail that we send to all users. - Offers – offers can contain advertisements from meetYourmessenger or from third parties either determined by the interests users indicate on meetYourmessenger or it will be an offer we send to all users. - Updates – besides contents concerning meetYourmessenger, updates can also contain contents about cooperations between meetYourmessenger and third parties. - User surveys – besides contents concerning meetYourmessenger, user surveys can contain contents from third parties. Users can revoke their consent at any time by either signing in to meetYourmessenger and, under ‘my profile’, cancel the reception of e-mails or by clicking the links located at the bottom of all e-mails. Access and terms of use Subsection 1. Access Access to meetYourmessenger services is limited to people who sign up and become users. In order to sign up to meetYourmessenger, you must at least be 13 years of age. User access is free. A user may navigate freely on meetYourmessenger’s websites where the areas in question are accessible to the user. You must take full responsibility for your equipment necessary to navigate on meetYourmessenger’s website (e.g. computer, software, telecommunications systems etc.). Equivalently, the cost incurred by using said equipment lies with you. Subsection 2. Terms of use of meetYourmessenger 1. By providing your e-mail address, you accept that we may send you newsletters about meetYourmessenger. We may also send a password reminder to your email address should you forget your password. E-mail newsletters may contain ads such as logo ads, content ads or advertising campaign. You can at any time revoke your consent to receive newsletters by signing in to meetYourmessenger and unsubscribe to e-mails under ‘my profile’; alternatively, you can click on the link you find at the bottom of all e-mails. 2. When you type in your username and password to the network services you use in general such as webmail, AOL, Messenger, Gmail or MSN Messenger etc. or when using meetYourmessenger’s Friendfinder, an e-mail will be sent to all your contacts in order to map out your friends. The e-mail only contains a brief invitation and no advertisements or likewise. Your password will not be saved. This will be explicitly explained before you sign up. Importing contacts makes it easier to visualize how friends, family and other contacts are connected to each other. When signing up you can choose which contacts you do not wish to send an invitation to. 3. When creating a profile, your contacts’ e-mails are imported and used to chain together friends that already have a profile. MeetYourmessenger only uses your information to map out your contact network and visualize it. 4. You are not allowed to type in someone else’s or a fake e-mail address. In cases of harassment, the email address will be reported to the police with the IP number and time of creation of the profile as well as other relevant information. 5. MeetYourmessenger reserves the right to delete/change profiles that we estimate have a behaviour irreconcilable with meetYourmessenger’s and other users’ interests. You are only permitted to use meetYourmessenger for private purposes and hence you are not allowed to advertise products or businesses, send out chain letters (spam) or to display any other commercial behaviour. Furthermore, you are not allowed to expose material that is offensive to other users or to society based on sexual, religious, political or racial grounds. MeetYourmessenger reserves the right to exclude a user with no warning in cases of: - Abuse of meetYourmessenger’s services - Violation of these business terms - Disclosure of information about other users from meetYourmessenger - Illegal, unethical, irresponsible behaviour or other behaviour that can be perceived as harassment to other users - General unacceptable behaviour as decided by meetYourmessenger 6. MeetYourmessenger reserves the right to delete any profile we consider as fake in whole or in part. 7. Any kind of content considered as paedophilia or other content that is illegal and in direct conflict with the law shall without warning be reported to the police including IP number, time of creation and further relevant information. 8. If you are required to register as a sex offender in any jurisdiction, you may not use the meetYourmessenger service. 9. You may not create a profile that can be confused with another person. Likewise, you are not allowed to disclose other people’s e-mail addresses, private addresses, phone numbers or other contact information. In cases of harassment, this will be reported to the police including IP number, time of creation and further relevant information. 10. MeetYourmessenger can at any time cancel (delete) or limit a profile without warning if one or more of the above terms are not followed. Subsection 3. Terms for uploading pictures on meetYourmessenger Terms and conditions for publicly available pictures By publicly available pictures we mean all pictures that are displayed publicly on meetYourmessenger’s websites including pictures that are uploaded to private pictures that have a character of a public gallery. 1. You must hold the rights to the picture and it may not be part of third party copyright, trademark copyright or other rights. 2. The person portrayed on the picture must have given consent to your public use of the picture. 3. The picture cannot contain logos, links or references to other websites or businesses and/or their products. 4. Pictures cannot appear violent, threatening or vulgar nor have sexual undertone. 5. Pictures that can be considered as pictures of models or fake will not be approved until a normal everyday picture can be presented to verify the authenticity. 6. Portrait pictures have to be decent; men are not allowed to show bare skin from the navel down; women are not allowed to appear in bikini/Bra. 7. Pictures that do not live up to the above requirements will be deleted without warning. 8. MeetYourmessenger reserves the right to delete any pictures that meetYourmessenger finds inappropriate. Terms and conditions for private pictures By private pictures, we mean pictures found in a private gallery and that have a character of a private gallery due to the level of access given to it. In other words, we mean a private gallery to which only a limited number of users have access. The picture will be accepted according to the same rules that apply for public pictures, but to an extent whereby the user is allowed a greater degree of freedom in estimating the character of the picture with regards to nr. 4-6 above. MeetYourmessenger reserves the right to delete pictures that are not in direct violation with the law or these terms and conditions, but which meetYourmessenger estimates inappropriate. Subscription, prices, payment conditions and product descriptions Subsection 1. Continuous subscription A VIP profile or any additional product (services) on meetYourmessenger is an on-going subscription. This means that your subscription is automatically extended if you do not cancel it. Subscriptions at meetYourmessenger run for a period of 1, 3, 6 or 12 months. Some subscriptions start with an introductory offer. During this introductory period, the subscription can be cancelled without notice if the cancellation via e-mail reaches meetYourmessenger before expiry of the introductory period. The subscription runs from the date a user purchases the subscription. Upon cancellation of a subscription or missing payment, meetYourmessenger will without further notice deactivate its services. MeetYourmessenger services are online services that are provided in full at the time when the user makes a payment to meetYourmessenger. For this reason, the user’s right to revocation ends at the time when meetYourmessenger registers the user’s payment for the specific service. All information concerning subscriptions is available to users at their personal page at meetYourmesenger. In case of questions, paying customers will always have the opportunity to get information concerning the status of their subscription by choosing “My Profile” and then “Settings”. Subsection 2. Prices VIP Profile: The price for a VIP Profile amounts to £5.99 per month (the price includes Spanish VAT). N.B: The total price for a VIP subscription is £8.98 per month. That is the price of a VIP Visible (£2.99 per month) plus the price of a VIP Profile (£5.99 per month). The total price is indicated in the payment window, which pops up prior to the purchase of a VIP subscription and when clicking on the link “Products and Prices” (the price includes Spanish VAT). VIP customers who have bought a VIP Profile before 13-11-2008 were offered the VIP Profile and VIP Visible separately, which is why separate prices are shown in their subscription. VIP Visible: The price for VIP Visible is £2.99 per month (the price includes Spanish VAT). Subsection 3. Payment conditions MeetYourmessenger reserves the right to change payment conditions, prices and content of the offers and services. The changes will have immediate effect for all new users and non-paying users. In case of questions, paying customers will always have the opportunity to get information concerning the status of their subscription by choosing “My Profile” and then “Settings”. In order to keep a subscription on-going and avoid an unintended deactivation of the user’s subscription, credit card payments might be settled earlier than the exact expiry date of the ongoing subscription period. This will of course not shorten the original subscription period. Subsection 4. Product descriptions VIP profile When paying for a VIP subscription you will be able to read all types of messages from other users, make your profile picture more visible, get your own private picture gallery, have the option to create private groups and you will not be exposed to banner advertisements. You obviously get all the other functions for free. VIP Visible: When purchasing VIP Visible you will be able to make your profile picture more visible on the website. You can choose to turn this function on or off by accessing “My Profile”. Marketplace Subsection 1. Terms and conditions for using the marketplace When you post an article on the marketplace (product or service) you accept to be legally bound to hand over ownership of the product or provide the service. By using the marketplace, you agree that the contract is between user and buyer. MeetYourmessenger does not provide any guaranties, right of return or service in connection to purchases, sales or mediation through the marketplace. Privacy Subsection 1. General By accepting these terms you give your consent to your privacy being treated as described below. It is recommended that you read these privacy terms thoroughly before you agree. You are encouraged to save or print these terms. You must be at least 13 years old before you are allowed to use meetYourmessenger. Subsection 2. Collected data 2.1 Particulars In connection with your creation of a profile on meetYourmessenger we collect a few particulars about you. These are: your name, your e-mail address, your post code, your year of birth and your gender. If you do not want to provide these particulars to meetYourmessenger, you will not be able to create a profile on meetYourmessenger. 2.2 Additional data 2.2.1 Profile text You must write a profile text which is attached to your profile on meetYourmessenger. In the profile text, you can as a rule write freely about yourself. The purpose of the profile text is to enable other users on meetYourmessenger to get an impression of who you are. Everything you write in your profile text can be seen by all other users on meetYourmessenger. Therefore, you should keep in mind that what you write in your profile text is something you want other people to see. 2.2.2 Picture(s) You have the option of uploading a profile picture and a number of other user pictures to your profile. If your profile picture shows a person, the person must be you. If the pictures show other persons than yourself, you must get all of these persons’ consent to show the pictures. If you do not have their consent, you must blur the persons who did not give their consent so that they are unrecognizable. 2.2.3 Groups As a user of meetYourmessenger, you have the option of participating in or creating groups. You must keep in mind that your choice of groups can give away information about you as a person – especially if you decide to create a group yourself. 2.2.4 “Times” In Times you have the option of uploading articles, letters etc. that you wrote yourself. As a rule you can write freely in Times. You must be aware that the content of such articles which are visible to all users on meetYourmessenger can give away information about you as a person. You should be certain that what you write in Times is something you want other people to know about. 2.3 Cookies MeetYourmessenger uses so-called “cookies”. A cookie is a small file which is stored on your computer, containing an identification of the computer to meetYourmessenger. Cookies are used to create as good a user experience for you as possible, for instance by allowing meetYourmessenger to remember your username. If you do not want “cookies” to be used, you can turn off this function in your Internet browser. However, this will affect meetYourmessenger’s functionality in a negative direction. 2.4 IP addresses etc. In connection with every visit to meetYourmessenger, the user’s IP address is recorded. Your IP address is the address of the computer you use to visit meetYourmessenger. The IP address is registered to ensure that meetYourmessenger is always capable of locating the computer used in case of abuse or illegal activities connected to the visit to meetYourmessenger. Subsection 3 The use of personal data Information collected about you by meetYourmessenger cf. article 2, is used by meetYourmessenger in different ways. All information you provide us with is used to create a so-called social network on meetYourmessenger. Here an electronic link between the users on meetYourmessenger is established based on your information and the way you navigate around meetYourmessenger. Name and e-mail address are used to identify you to meetYourmessenger so that we can contact you. Your e-mail address is also used to forward messages that are relevant for the use of meetYourmessenger. You can change the settings for the reception of e-mails from meetYourmessenger under your profile. Your post code is used to locate you geographically in the UK so that your experience from using meetYourmessenger can be improved. It will make it possible to search for profiles in your local area. Additionally, your year of birth and sex is used to improve the experience by making your profile searchable. Your year of birth is also used to make sure that you are at least 13 years old. Furthermore, meetYourmessenger can use any information you provide about yourself in connection with your use of meetYourmessenger to improve meetYourmessenger, to analyse the use of meetYourmessenger and in that way continuously improve meetYourmessenger and the use of it; for instance, cookies and IP addresses are used to examine which parts of meetYourmessenger are used the most. At the same time, meetYourmessenger will attempt to create a picture of you and your interests. We use these kinds of information to create a good and positive user experience for you in connection with your visits to meetYourmessenger. We also use these kinds of information to ensure that you, in connection with your use of meetYourmessenger, are not exposed to advertisements that are not of interest to you. You accept that your profile picture on the front page of meetYourmessenger can be used as an example of which users are online. Subsection 4 Disclosure of personal data All information provided by you to meetYourmessenger can be disclosed by meetYourmessenger to other users of meetYourmessenger in connection with their use of meetYourmessenger as a social network. You must be aware that your name will be publicly accessible for other users of meetYourmessenger. If your profile picture is chosen as an example of who is online, it will be published on the front page of meetYourmessenger, where it will be accessible for every user of www.meetyourmessenger.co.uk Additional information that you upload to meetYourmessenger is made available to other users to the extent that you decide. You can choose if your content should be shown to people in your network, members of chosen groups or all users on meetYourmessenger. In case of any abuse of your or of other users’ profiles on meetYourmessenger, you accept that meetYourmessenger at any time can provide information given by you about yourself in connection with your use of meetYourmessenger such as your IP address to the police or other authorities, if meetYourmessenger is met with such a demand from them. MeetYourmessenger is entitled to disclose all information that exists about you in connection with meetYourmessenger to a third party if it is done anonymously or if the third party is subjected to a confidentiality agreement. Such disclosure can for instance be in connection with analysis and statistics in relation to the use of meetYourmessenger, market analysis and in preparation for advertisements on meetYourmessenger etc. The disclosure of your personal data to a third party may also be used for their marketing - however, in such cases, your e-mail address will not be disclosed. If meetYourmessenger wishes to disclose your information beyond this, you will be asked specifically about it. Subsection 5 Third party’s applications etc. In connection with using meetYourmessenger, there is an opportunity to get access to applications supplied by a third party. These can be games, commercials and likewise. If these kinds of applications collect information about you, it happens without meetYourmessenger’s participation. You are encouraged to examine which terms apply to such third party applications in connection with their use. MeetYourmessenger has no responsibility in connection with possible collection of personal information that may be conducted when using third party applications. Subsection 6 Access to documents and retraction If you discover that information that exists about you on meetYourmessenger is incorrect or misleading, you have the opportunity to correct it yourself when you have signed in on meetYourmessenger or by writing and making a request to meetYourmessenger who will correct the error within reasonable time. Pursuant to the provisions of Organic Act 15/1999, of 13th December, on the Protection of Personal Data, you are hereby informed and expressly and unequivocally consent to the incorporation of your personal data to the personal data files held by MEETYOURMESSENGER ESPAÑA S.L., who owns VIPocean, and to the processing of said data for the purposes of financial, accounting, tax and administrative management and for the management of providers. The Data Controller of the relevant files is: MEETYOURMESSENGER ESPAÑA, S.L with registered office at Fuengirola (Spain), Avenida del Higuerón, Urb. Reserva del Higuerón, nº 48, 29640-Málaga. You are hereby informed of the transfer of your personal data to the Spanish State Tax Agency to comply with obligations imposed by applicable legislation and to banking entities for the purposes of payment of receipts. You further acknowledge and expressly and unequivocally agree to MYM communicating your identification and business contact details, as well as any other data as may potentially be collected from the e-mails you exchange with MYM, to any service providers who, in their capacity as data processors, may require access to those personal data to adequately perform the services contracted with MYM in relation to the “Google Sites” service, and who may be located outside the European Economic Area, even in countries not granting an equivalent level of protection. In particular, you expressly consent to the communication of your personal data to Google España, with registered office at Plaza Pablo Ruiz Picasso, 1, Madrid, for the above purposes, save where otherwise expressly provided. You may exercise your rights of access, rectification, deletion and opposition at the address of MEETYOURMESSENGER ESPAÑA, S.L., and may for such purposes use any of MEETYOURMESSENGER ESPAÑA, S.L. communication channels, either personally at their offices by written notice by ordinary mail to the Data Controller or sending an e-mail to the following address: mydatarights@meetyourmessenger.com. If you make a request to meetYourmessenger in writing on the article 9 cited address, meetYourmessenger will inform you about what kind of information about you that we hold, the purpose of it, who receives information and where the information comes from. A request like this will only be answered if more than 6 months have passed since your last request with the same question. Subsection 7 Deleting personal data You can delete your profile at any time. If you wish to take exception to meetYourmessenger’s treatment of your privacy, you are encouraged to delete all content you have uploaded to meetYourmessenger and thereafter delete your profile. Subsection 8 Conveyance If parts or all of meetYourmessenger is conveyed to a third party, you accept that your personal data, which can be found on meetYourmessenger, can be conveyed to third party provided that it maintains these terms of privacy. Subsection 9 Responsible for data MeetYourmessenger is responsible for data that exists about you on meetYourmessenger. MeetYourmessenger can be contacted in writing at the following address: MeetYourmessenger España S.L. CIF ESB92896471 Avda. Higuerón 48, -2, 29640 Fuengirola (Málaga), Spain Registered in Registro Mercantil Malaga Tomo: 4438, Libro: 3347, Folio: 196, Hoja: MA-95172 9.2 Treatment of data MeetYourmessenger is entitled to use an external company to carry out the technical maintenance of meetYourmessenger. This company will in that case handle all data regarding meetYourmessenger including personal information for which meetYourmessenger is responsible. A company handling data for meetYourmessenger will be subject to the same privacy as meetYourmessenger and subject to duty of confidentiality. Subsection 10 Amendment These terms for privacy can be amended by meetYourmessenger according to the same rules that are applicable to the rest of these terms as found in §9. The applicable terms can be found at any time on www.meetyourmessenger.co.uk. Responsibility Subsection 1. The user’s responsibility 1) You are responsible for all your provided data being truthful and correct 2) You are personally responsible for third party’s use of your user information, activities or statements coming from your account no matter if these are correct or not. 3) You agree to the indemnification of meetYourmessenger with regards to responsibility, demands and costs that may occur as a result of your violation to this agreement or to your profile at meetYourmessenger. Subsection 2. MeetYourmessenger’s responsibility MeetYourmessenger is not responsible to the user or any third party for: 1) A user’s behaviour (you have the option of reporting both pictures and letters that were sent to you). 2) A user’s contracting in connection with sales or mediation that has taken place through communication on meetYourmessenger’s websites. 3) Any kind of direct or indirect loss that exceeds the amount the user has paid to meetYourmessenger. 4) Any content uploaded by the users to meetYourmessenger’s websites which is protected by third party rights or any kind of direct or indirect loss that a third party may have as a result of this. Immaterial rights Subsection 1. Content All immaterial rights to meetYourmessenger such as trademarks, copyrights and other industrial rights belong to meetYourmessenger and will remain its property. The user is ineligible to use these rights both directly and indirectly by copying, reproducing or using websites, trademarks etc., without prior written permission from meetYourmessenger, as this will constitute a breach of the mentioned rights. Actions that violate meetYourmessenger’s immaterial rights will from meetYourmessenger’s side be counteracted with injunction without guarantee. It is not permitted to copy or reproduce any kind of content from meetYourmessenger or to use the name/brand or other rights associated with meetYourmessenger in connection with business executions or marketing without explicit approval from meetYourmessenger. Subsection 2. User defined content By uploading or typing content on meetYourmessenger’s websites, you acknowledge that you are in possession of all rights or have collected consent from all rightful owners of the uploaded or typed content. In case meetYourmessenger suffers any loss in connection with a user having uploaded or typed in content to which he did not have the rights, meetYourmessenger reserves the right to seek compensation for this loss from the user. Changing of terms MeetYourmessenger reserves the right to change these business terms at any time. If any changes are made in the business terms descriptions, then these will be published on our website and you have 30 days to make yourself familiar with them. After the 30 days any existing user will be considered to have accepted the changes. Users should stay updated regularly and visit these terms on meetYourmessenger. Maintenance of terms In the case that parts of these terms should be found invalid, the remaining terms are maintained and do not give rise to annulment of the terms in general. Applicable laws and relevant jurisdiction These Terms and Conditions are subject to Spanish jurisdiction. With express renunciation of any other jurisdiction that may apply, MeetYourmessenger and the user are subject to that of the courts and tribunals of the domicile of the latter for any disputes regarding the interpretation and implementation of these Terms and Conditions, the access to this website, and the use of its services. If the user is domiciled out of Spain, MeetYourmessenger and the user, with express renunciation of any other jurisdiction, will submit to the courts and tribunals of the city of Málaga (Spain). The language of our Terms Subsection 1. Where meetYourmessenger has provided you with a translation of the English version of our Terms, you agree that the translation is provided for your convenience only and that the English language versions of our Terms will govern your relationship with meetYourmessenger. Subsection 2. If there is any contradiction between what the English version of our Terms says and what a translation says, the English version shall take precedence. Commencement These terms with version number 01.09.2011 commence 1st September 2011.^th Responsible for dataprocessing MeetYourmessenger España S.L. CIF ESB92896471 Avda. Higuerón 48, -2, 29640 Fuengirola (Málaga), Spain Registered in Registro Mercantil Malaga Tomo: 4438, Libro: 3347, Folio: 196, Hoja: MA-95172