| | This page contains the terms and conditions of using the service. | | | | The owner of this website and operator of the Last Messages Club is Last Messages Club Limited whose registered office is at 12 Parkside Green, Leeds LS6 4NY, England (the “Company”). Membership of the Last Messages Club is subject to acceptance of, and your use of the Last Messages Club service (“the Service”) will be governed by, these terms and conditions of use. By becoming a member you agree that you have read, understood and agree to these terms and conditions. To become a member you must complete the joining form, providing all the information requested. You agree to provide complete and accurate information and to update such information as necessary. You agree that the Company may communicate with you by email and for this purpose you will ensure that at all times the Company has your current email address. You agree that you will not disclose the log in details provided to you to use the Service and that you will notify the Company immediately of any unauthorised use of such details or other breach of security. If the Company becomes aware of any unauthorised use thereof it shall be entitled to suspend or terminate your membership on giving three (3) days’ notice without any liability to you. | | | | RESTRICTIONS | | Unauthorised use of the Service or the resale of the Service without the prior written consent of the Company is expressly prohibited. You agree that you will not transfer or assign your membership in any way. | | | | MEMBER’S OBLIGATIONS | You will be responsible for the content of all data and material stored in your personal message vault and the Company will not have any liability in respect thereof. You agree that you will not use the Service –
a) to store or transmit through the Service any material which
(i) is unlawful, defamatory, threatening, abusive, pornographic, obscene, or otherwise objectionable or which encourages unlawful behaviour;or
(ii) breaches the intellectual property rights or violates the right to privacy of any other person;
b) to transmit through the Service any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots;
c) to interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks;
d) to gain or to attempt to gain unauthorised access to the Service or to the personal vault of any other member through password mining or by any other means; or
e) to interfere with another member’s use of the Service.
| | | | | | INFORMATION AND DATA | The Company does not own any data, information or material stored in your personal message vault.
The Company will not monitor, edit or disclose any information or messages stored in your personal message vault except as permitted under these terms and conditions or except as required by law.
| | | | TERMINATION | The Company may, at its sole discretion, upon five (5) day's written notice and without liability to you, terminate your membership and use of the Service and remove and discard any messages or other material stored through the Service if you fail to comply with any of these terms and conditions. You may terminate your membership of Last Messages Club at any time upon notice to the Company, however any refund of subscription paid will be made solely at the discretion of the Company. Upon termination of your membership, your right to use the Service will terminate forthwith.
Upon such termination the Company will have no obligation to maintain or delete any messages stored in your personal message vault or to forward any messages to you or any third party
| | | | MESSAGE DELIVERY | The Company will, upon acceptance by a message recipient of all applicable conditions of acceptance, make commercially reasonable efforts to deliver any messages intended for such message recipient, by email to the specified email address.
Where the email address specified for a particular message recipient is invalid or otherwise inaccessible, the Company cannot guarantee delivery of a message to that message recipient
| | | | PROPRIETARY RIGHTS | | All right, title and interest, including copyright and all other intellectual property rights, in and to the Service, including, without limitation, text, images, and other multimedia data are the property of the Company and save for any licence granted to you as a member under these terms and conditions you shall have no right title or interest therein | | | | INDEMNIFICATION | | You agree to indemnify and hold the Company, its servants or agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including any legal fees and costs) arising out of your messages or in connection with or resulting from your use of the Service or any breach of this Agreement. | | | | LIMITATION OF LIABILITY | The Company shall not be liable for the loss of any data stored in a member’s personal message vault , howsoever occurring, nor shall it be liable for the loss of the Service or any part thereof due to any cause or circumstances beyond its reasonable control.
| | | In no event shall the aggregate liability of the Company under this Agreement exceed the amount actually paid by you in the twelve (12) month period immediately preceding the event giving rise to such a claim.
In no event shall the Company be liable for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the Service, including but not limited to your use or inability to use the Service, or for any message obtained from or through the service, even if the Company has previously been advised of the possibility of such damages.
The Company makes no representation that the Service is appropriate or suitable for any purpose, or that it is available for use in any jurisdiction outside Ireland. If you use the Service from outside Ireland, you are solely responsible for compliance with all applicable laws of such other jurisdictions.
| | | | | | AMENDMENT OF TERMS AND CONDITIONS | | The Company reserves the right to amend these terms and conditions (including any amendment thereof) or its policies relating to the Service at any time and shall notify you by posting an amended version thereof on the Service’s website and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such amendment shall constitute your consent to such amendment. | | | | | | GENERAL | This agreement will be governed by the law of Ireland, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this agreement or in connection with the Service only in the jurisdiction of the courts of Ireland.
No other terms and conditions set out in any other purchase order, pre-printed form or document shall add to or vary the terms and conditions of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
All sections of this Agreement which, by their nature, should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, intellectual property ownership provisions, warranty disclaimers, and limitations of liability.
No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Service.
The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
The Company has the right to assign any or all of its rights and obligations under this Agreement at any time.
This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter of this Agreement.
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