This User Agreement (the "Agreement") sets out the terms and conditions governing your use of the Moo Kiss website and the content, database(s), features and functionality comprised within it (the "Service"). It explains our responsibilities to you and your responsibilities to us and to other users of the Service ("Users"). Please ensure you read this Agreement carefully. If there is anything you do not understand, please feel free to e-mail us.
Please note that in this Agreement "we"/"us"/"our" denotes Moo Kiss, "you"/"your" denotes you. "Account" refers to your membership account.
To use the Service, you must first become a member of Moo Kiss by creating an Account using the Register page on our website.
All Account information must be truthful and accurate and only ONE Account is allowed. Multiple membership accounts are strictly forbidden. Any member found to have created more than one Account will have their membership revoked without prior warning.
We reserve the right to decline any application to register for participation in the Service at our sole discretion.
Our role is that of a facilitator. We provide you with the opportunity to participate in the Service.
We have no control over and do not screen, monitor or assess the truth or quality of any entries into the Service by you.
Subject to your compliance at all times with the provisions of this Agreement, we will provide you with access to the Service on the terms of this Agreement.
We will respect the privacy of your data which you supply to us in your Account, except as required by law. We will respect the privacy of your data in accordance with our privacy statement. We will comply with applicable data protection legislation in respect of it. You agree to keep your data accurate and up to date and to promptly update any new or revised personal data. We will not share any of your Account information with other parties or Users.
You agree that we may disclose your personal data to criminal investigatory, regulatory or rightholder-representing organisations, such as the police, trading standards officers or collecting societies, without notice to you and without incurring any obligation or liability to you. You further agree that we may use your personal data in the ways advised in our Privacy Policy.
You will comply with the provisions of this Agreement and act lawfully and honestly at all times in order to be able to continue to participate in the Service.
You warrant and undertake to us that all of the details you supply in your Account are true and accurate.
Without limitation, you warrant and undertake that any Moo Kiss you send does not infringe any third party rights.
You agree not to interfere with, disrupt or jeopardise the Service whether, without limitation, by uploading unreasonably or disproportionately large loads to our system; introducing any viruses, trojan horses, worms or similar devices into the Service; or intercepting or expropriating any system, data or personal information comprised in the Service.
You are solely responsible for actions taken under your cow-word and for keeping it confidential, and should not disclose it to or share it with anyone else - including anyone claiming to be associated with Moo Kiss or our associated companies. You cannot use your cow-word for any unauthorised purpose, for example, by permitting a third party to use your Account on your behalf.
You agree to comply with all applicable laws, statutes and regulations concerning your participation in the Service whether as a contributor or otherwise.
You agree to indemnify us for any liability in the nature of intellectual property or copyright, past, present or future, whether in the UK or in any other country, state or territory in the world, which we would suffer as a consequence of any agreement between you and any other person (excluding us) arising from your use of the Service.
You agree that you may not use the Service for purposes of slander, malice or harm whatsoever and agree that all content in Moo Kisses you send are written for light-hearted, fun recreational purposes only and not to disrupt the lives of others in any way.
We shall devise and implement procedures whereby we may, at our sole discretion, remove content from the Service which we consider is defamatory to you or which you have submitted and we consider is defamatory to another User. Any such removal by us shall not incur any liability or obligation to you or any third party.
We are excluded from all liability for indirect, incidental or consequential loss or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to us.
We accept no liability what so ever because of any use or misuse of the Service by you or any other User.
We reserve the right to discontinue the Service and to exclude any User from participating in the Service where, in our sole opinion, any entry or User is in breach of any provision of this Agreement.
We reserve the right at any time to suspend or discontinue the Service. In the event of your account being suspended or discontinued, any credits held in your Account will be suspended or discontinued also.
You agree that any entries you include in the Service you do so at your own risk.
We make no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error free or will operate as contemplated in this Agreement or our website, nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained from the Service nor that defects, if any, in the Service will be corrected.
You acknowledge and agree that if you download or obtain any material and/or data from the Service or any goods or services through the Service you do so at your own discretion and risk.
No advice or information, whether oral or written, obtained by you from us through or from the Service (unless fraudulent) shall create any warranty not expressly stated in this Agreement.
You acknowledge and agree that all copyrights (including rights in software), trade marks, database rights, poems, text, audio, video, photographs and other intellectual property rights in and relating to the Service are owned by us.
You agree to indemnify and hold us harmless in respect of all liabilities, loss, claims and expenses that may arise from (a) any breach of this Agreement by you or through parties using your Account, and (b) any entry you have submitted to the Service including, without limitation, any claim against us by a third party or User.
We reserve the right to amend the provisions of this Agreement at any time. Your continued use of the Service after any amendments to the provisions of this Agreement shall be deemed to be your binding acceptance of such amendments.
You agree not to resell or assign your rights or obligations under these terms and conditions. You also agree not to make any unauthorised commercial use of the Service. We reserve the right to assign or sub-contract any or all of our rights and obligations under this Agreement.
You agree not to make use of anyone else's personal details other than as necessary to participate in the Service.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship arises between us and any User by reason of this Agreement.
Any notice to you or to us shall be made by e-mail.
This Agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters.
Any failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
The headings and section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
We shall not be deemed to be in breach of this Agreement or otherwise liable for any delay in performance or any failure to perform of any obligations under this Agreement (and the time for performance shall be extended accordingly) if and to the extent that the delay or failure is due to circumstances beyond our reasonable control.
Each entry in the Service shall be deemed to have been carried out in the UK. This Agreement and each entry in the Service shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
We may at our discretion send out a newsletter to provide details on important site information, new features, or if applicable, special offers, promotions or competitions. All registered users will receive this newsletter unless they have unsubscribed by updating their Account Settings on our website.
There are some things that you may not submit to the Service under any circumstances. These include:
Please note that the above list is not exhaustive and may be added to or amended by us at any time.
Moo Kiss treats your privacy seriously. This privacy policy will explain how we collect and use your personal data and gives you the opportunity to limit our use of this information. If, after reading our policy, you still have concerns, please feel free to e-mail us.
We use the personal information that we collect to identify personal preferences and match your needs with relevant products, services and advertising and assist in processing any transactions that you make through our web site.
You signify your consent to us collecting and using this information by your use of this web site. Should we for any reason elect to change our Privacy Policy, the changes will be posted here, so that you are always kept informed of how we collect and use the information, and when we would disclose it.
Note: The information that you submit may be transferred outside the European Economic Area for processing by us and our associated companies and to maintain accounts for you at other Moo Kiss sites. By using our web site, you consent to this transfer.
We have a strong Anti-Spam Policy. Your personal information will NOT be sold, traded or rented to third parties (whether trustworthy or not). We believe that the vast majority of unsolicited e-mail is junk and hence we will have no part in adding to the problem.
Your data may however sometimes be used by us and our associated companies to provide details on important site information, new features, or if applicable, special offers, promotions or competitions. This information will be in the form of a newsletter. If you do not wish to receive this information, you may elect to opt-out of this at any time.
As previously stated, we have a strong Anti-Spam Policy and hence your personal information will NOT be disclosed to third parties. We may however provide aggregate statistics about our sales, customers, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you.
We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.
We have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorised access to comply with the UK Data Protection Acts of 1984 and 1998. This means that sometimes we may ask for proof of identity before we disclose personal information to you.
Moo Kiss or our associated companies will NEVER ask you to disclose your cow-word (password) to us.
Under no circumstance should you disclose your cow-word to anyone claiming to be associated with Moo Kiss or our associated companies. If you receive such correspondence, please contact us as we may take legal action against the sender to prevent further fraudulent correspondence to you and other members.
A Cookie is a piece of information that is stored on your computer's hard drive by your web browser. Upon revisiting this site our computer server will recognise the Cookie, giving us information about your last visit. Most browsers accept Cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive Cookies, you may still use most of the features of our web site.
Note: This policy only applies to the Moo Kiss web site(s) and not to the web sites of other companies, individuals or organisations to which we provide links.
"Spam is flooding the Internet with many copies of the same message, in an attempt to force the message on people who would not otherwise choose to receive it. Most spam is commercial advertising, often for dubious products, get-rich-quick schemes, or quasi-legal services. Spam costs the sender very little to send -- most of the costs are paid for by the recipient or the carriers rather than by the sender." - http://spam.abuse.net/.
Unlike other websites, we do not sell, rent or lease your personal information to third parties - even if they are reputable and trustworthy. Because of this, we do not add to any spam that you may already receive.
Furthermore, should you as an end-user wish to stop receiving Moo Kisses from others - either to your mobile (cell) phone or to your e-mail address - you may choose to opt-out of receiving further Moo Kisses by changing that preference in your Account Settings.
If you receive any unsolicited e-mail (excluding a Moo Kiss, our newsletter and legitimate correspondence as outlined below) from Moo Kiss or its associated companies offering you products or services then it will most certainly be fraudulent spam. The only e-mail Moo Kiss or our associated companies will send you will be our newsletter (if you have subscribed to receive it) or the following legitimate correspondence to contact you in the event that:
Note: We will NEVER ask you to disclose your cow-word in any correspondence.
If you receive a fraudulent e-mail from anyone claiming to represent Moo Kiss or its associated companies, or if you are unsure if the message is fraudulent or not, do not reply to the message, instead forward the message to us so that we may decide to prosecute the sender to prevent him or her sending any further spam.
There is a wealth of information about spam available at http://spam.abuse.net/ - it is in your interest to know as much as you can about this ever-increasing problem so that you may limit the amount you are subjected to as much as possible.