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2006
-2008 LemMeOut!. All
LemMeOut Intellectual Property and Brand rights reserved under the
Copyright Designs and Patents Act 1998, the
Berne Convention and the WIPO (World Intellectual Property Organisation
Treaty) any unauthorised use of the whole or any
part of this
LemMeOut Brand work will constitute an infringement of copyright of
either the LemMeOut Brand or user sumbitted copyright and may lead to a
legal claim for damages. Last updated 22nd Feb 2008
TO EARN COMMISSION FROM YOUR
COPYRIGHTED IMAGE(S) SEE BELOW AND CONTACT US FOR FULL BENEFIT POTENTIAL DETAILS
FOR COPYRIGHT
CLAIMS OR COUNTER CLAIMS- COPYRIGHT INFRINGEMENT -STEPS TO RECTIFY
The internet is a large and open community and we have a honest belief
that images we have accepted, sourced and used have been done
so in good faith
and honest belief that they are either from users who by submitting
images are claiming copyright right or the belief that they
are images from free to use sources that have been submitted to the
Internet for public, not merely private, use. We aim with the
help of people
submitting and sourcing content to spread a little harmless
entertainment however in
our endeavour to do so if you feel you own an image published on our
site, that we have used in good faith, that
despite your attempts to ensure it was for private members of a group
on a website and that you did not submit to the internet for the common
use therefore your private internet copyright has been infringed please
write to us immediately
using
the contact / my copyright link after taking the following steps and
providing the required
following details. We will either remove your image immediately
if you prefer or offer you the opportunity to potentially earn from our
use of your work.
Identification of the image(s) infringed -
DO NOT FORGET YOU MUST IDENTIFY AND STATE WHICH GALLERY AND PICTURE
How to do this.
1. If its a gallery of small pictures / thumbnail
images
cut and paste or carefully type the pages url address but STILL IDENTIFY the
picture
number.
2. If you see your image as a large picture cut and paste or
carefully type the url address of the page.
If you do not know how to do this then simply follow these instructions
You must state in your email which picture - and which
gallery (to determine which gallery your picture is in do
this. If its a gallery of small pictures/ thumbnail images
the
gallery name is at the top left of the page e.g
Out and about Gallery 1
or Quick pic gallery 3
So state which gallery and what number your pic is (from 1-25)
For example state that you own picture 16 in Out & about
gallery 73
or for example you own picture 7 in Quick Pic gallery 24
If you see your picture as a large picture go to the TOP of the page
and click the RED BACK ARROW, the pic will be in the thumbnail gallery
and you just do as above. The red arrow at the BOTTOM of the
page
just takes you back to the last BIG picture.
Your legal and rightful remedies offered to you if you believe you are
an infringed copyright owner are that you can by contacting
us at contact
/ my copyright@lemmeout.com
1. State whether you wish to earn revenue from your property
(none will
have been previously earned - as this can only be done on what is
deemed a number of reasonable steps to prove authenticity of ownership.
You may also have
other images that you
might want to offer us for potential use if we consider them suitable
whereby you can earn more
commission
2. State if you wish to have the image removed.
3. Ask for a named credit and or link to the image(s) or have
a link to
your site but leave the image on the site for public enjoyment.
When you contact us please provide reasonable evidence as to
ownership. It could be as simple as providing your website
address or blog or myspace IF
from this we can HOLD A
REASONABLE BEYOND DOUBT BELIEF from the content
evidenced there (eg more pictures of the same
subject with clear undoubted information that you are the site owner
and content provider) we can remove, link or credit the content
speedily, if its not clear that you could be the owner or in the cases
of earning commission we would require substantially more evidence.
In the first simple instance for credit, removal or links please send
us the following as the fastest means of identifying your claimed
ownership and rectifying the issue.
1. Behond reasonable doubt evidence.
2. Your web address or social network address (example myspace) or
other
location of evidence, it might be you have a review on another persons
site, there are a number of possibilities.
AND
3. Your physical or electronic signature or that of a legal
or other
person authorised to act on your behalf) (if you have
difficulty
providing this you can contact us by email or other and we can try to
guide you through the steps to add an electronic signature or provide a
suitable alternative.)
DO NOT
FORGET THE STEPS ABOVE THAT IDENTIFY THE IMAGE LOCATION SUCH AS
CUT AND PASTE URL OR THE WRITE GALLERY NAME AND PICTURE NUMBER.
4. Reasonably sufficient contact details, including at least an actual
address, email address and telephone number.
USE THIS LINK
TO THE SWORN STATEMENT TEMPLATE
5. A sworn signed (electronic or actual) statement that you
are the
copyright owner or authorised to act on the owners behalf giving clear
indications as to who the owner is that we may verify this.
It
must state a reference to a reasonable amount of evidence (e.g the
website example mentioned above which clearly shows your ownership,
reference to a book or such other) these must show a reasonable
expectation that your claims are truthful, this will be accepted in
good faith once we are satisfied from your evidence shown for removal
or to give named credits to you but we may require more evidence if you
wish to earn revenue if we honestly cannot hold belief your claim is
true from the evidence provided, you
will also be expected to sign
terms and agreements for license rights for earning commission
from your copyright.
This sworn statement needs to state that you (your name) of (your
address) claim (or counterclaim) that you are the copyright owner of
the image in question (name which gallery and number) and swear that
the statement is true and the date or alternatively you might state you
are authorised to act on behalf of a copyright owner giving clear
indications as to who the owner is that we may verify this. Use this
template if you wish. If you have any difficulty please
contact
us.
We are trying to keep it simple but legally effective as we realise a
lot of users come from all kinds of backgrounds and almost everyone has
potential access to the internet these days , this does not however
mean everyone has the means to access help either legal or other in
providing evidence of their ownership. On the internet a
copyright owner is not necessarily a big organisation or a professional
artist or photographer we appreciate this and so wish to help if it is
for example a 65 year old Grandmother who has seen a picture of hers
showing her and or her dog but no reasonable means of obtaining legal
help to provide proof, she has the same right to copyright ownership,
named credits and any benefit we might provide such as commission
earning potential as anyone else earning on our site once we can
establish a reasonable degree of proof. However please do not
attempt to misrepresent ownership as similarly you could be held
legally liable for false claims even if you are a 65 year old
grandmother.
EARN COMMISSION FROM YOUR COPYRIGHT
In the case of earning commission from your copyright please request
our terms and conditions and possibly expect to provide a further
substantial degree of evidence if it is not reasonable to believe you
are the copyright owner from evidence provided.
Counter-Notification - the procedure if you believe you have a counter
claim is the same as above but stating it is a counterclaim.
(a counter-claim is whereby you claim you are the owner of an
image that it appears someone else has claimed copyright of.)
Please note we will enforce a policy that provides for the termination
in appropriate circumstances if we notice repeat infringers. We are
required by law to remove infringed copyright if necessary and block
repeat users.
Disclaimer - this information is provided only for your convenience for
quick an easy remedy. But feel free to seek legal advice.
Advice for users when submitting pictures
Please make sure you either own the copyright or are confident that the
image is from open source- this means that you know it is free to use
for public viewing if it is not used for earning money.
If you have taken a picture you may own the actual photograph but
depending on the subject matter (eg a picture of a person (especially a
famous person) or a known famous sign (coca cola) you may be restricted
in your right to use it even if its your neighbour or friend in the
picture. So you may have to be prepared to share your
commission
but that is your responsibility and we cannot held liable for your
avoidance of such.
Just because you give a credit to another person for an image submitted
this does not give you any copyrights, copyright still belongs to the
owner of the image and you may not use it if you have not had
permission or have a honest belief in the fact that its from an open
source. You are not entitled to earn money from the image unless you
own the copyright or have legally recognised authorisation such a
license agreement with the owner even if you have altered the image.
So for the respect of copyright owners, enjoyment of site users, your
own protection from liability please only use images you know are your
own or are free to use for non commercial purposes, there are plenty of
sources of photographs for free to use images.
In some instances it is possible to use other copyright owners content
this is if they have stated they are for open source use, or if they
fall under fair use policy.
We cannot bear any responsibility for infringement the burden falls on
the person submitting as we have taken all reasonable steps to bring
these facts to your attention so please take care.
Suitability of content
Currently we vet images for inappropriate content and for entertainment
value, sorry but we know the internet can be a free for all anything
goes kind of place that can result in cute and funny animal or baby
pictures next to explicit sexual content we like to think we are
sticking to one market for our intended users needs. Once we
are
confident our users understand our aims and respect our socially
acceptable to all ideals we might change this.
We have no intention of publishing violent, disturbing, inappropriate,
or indecent content.
This includes the use of simple swear words or mild sexual references
or pictures of chesty Laydeees who forgot to dress. We now
have
analytical tracking tools so can trace to the source the sender -
country - town computer, of offensive images and will contact
appropriate hosts or law enforcement if necessary.
SO
PLEASE DO NOT SEND US THESE AS TO DO SO COULD BECOME THE OFFENCE
OF HARASSMENT AND OTHER OFFENCES UNDER THE OBSCENE
PUBLICATIONS OR OTHER ACTS AND
SUBJECT TO PROSECUTION this is clearly a site for
'acceptable to all'
entertainment
By using this site you are accepting all terms and liabilities
These terms of service (“Terms of Service”) are a
binding
legal agreement between you and INAMOCO Ltd regarding your use of the
LemMeOut website and any products or services available from the
website. By accessing or using the Website, you signify your agreement
to (1) these Terms of Service, and (2) the the Community Guidelines
incorporated here. If you do not agree to any of these
terms please do not use the Website.
Although we may attempt to notify you when major changes are made to
these Terms of Service, you should not rely on this and must regularly
review the most up-to-date version of the Terms of
Service. INAMOCO reserves the right to modify or revise these Terms of
Service and other policies when it deems necessary, and you agree to be
bound by such modifications or revisions. Nothing in this
Agreement
shall be deemed to confer any third-party rights or benefits.
Use of this Website is an acceptance of your agreement to
these terms, whether as a viewer user or a contributor of
picture
or other content, information, and other materials or services on the
Website.
This Website contain links to and from third party websites that are
not
owned or controlled by INAMOCO Ltd / LemMeOut! of which we
have no
control over, and we assume no responsibility for but not limited to
the content, privacy
policies, or practices of any third party websites. In addition, we
will not and cannot censor or edit the content of any third-party site.
By using this Website, you expressly relieve INAMOCO / LemMeOut! from
any and all liability arising from your use of any third-party website.
General Use of the Website — Permissions and Restrictions
INAMOCO /LemMeOut! hereby grants
you revocable, non-transferable, and
non-exclusive permission to access and use the Website on your
acceptance of these Terms of Service, on the strict condition that:
You agree not to distribute in any medium any part of the Website,
including but not limited to Content and User Submissions (each as
defined below), without INAMOCO permission which will be expressed
within the site if given or specific licence when required (for
commercial purposes) and only under given
conditions and notices throughout the site or in other prior
written authorization. or in case of non LemMeOut! user submissions
only by agreeing that on doing so you are the sole and ultimate bearer
of consequential liability. You agree not to alter or modify or access
any
part of the website, including but not limited to INAMOCO
technologies
unless it is expressly stated that you may do so.
You agree not to use ANY CONTENT OR PART OF the Website for
ANY
commercial use AT ALL, without the prior written authorization and
permitted license of INAMOCO and LemMeOut
You agree not to use or launch ANY automated system WHATSOEVER that
accesses the Website in a manner that cannot be reasonably accepted by
human co-operation Notwithstanding the foregoing, INAMOCO Ltd
grants the operators of public search engines permission to use but not
limited to spiders
to copy materials from the Website for the sole purpose of and solely
to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such
materials. INAMOCO
Ltd reserves the right to revoke these
exceptions either specifically or generally. You as a user
agree
not to collect or harvest any personally identifiable information from
the Website, nor to use the communication systems provided by the
Website for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Website with respect
to their User Submissions. INAMOCO
Ltd /LemMeOut reserves
the right to
discontinue or modify any aspect of the Website at any time.
Specific use
of the website -permissions and restrictions
All LemMeOut content on the Website, (except all user submissions, and
certain other either known source or not, open source but not limited
to, technologies, fonts whether credited or not) including but not
limited to, software, scripts, graphics, photos, sounds, music,
pictures, interactive features, and the trademarks, service marks,
registered designs, and logos contained therein are owned by or
licensed to INAMOCO. Ltd
subject to copyright and other intellectual
property rights under the law.
Content and use of this website is provided to you AS IS for your
information and personal use only and may not (unless specified and
STRICTLY only for non commercial use unless a commercial licence is
granted upon written request) be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever
INAMOCO Ltd / LemMeOut! reserves
all rights not expressly granted in and to the
Website and its own Branded and Intellectual property Content.
INAMOCO Ltd /LemMeOut!
reserves all implied not expressed rights to exemptiove relief from
liabilaity from user submissions .
You may access user submissions solely for your personal use in
accordance with these Terms and conditions of Service and use and as
intended through the normal functionality of the Website. only if you
fully understand that you bear any responsibility for
consequenttial copyright infringement resulting from your use.
If user comments or other user content are made available for your
access and for your information and personal use solely as intended
through the normal functionality of the Website these are strictly on
an “as is”, basis and may not be used, copied,
reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed,
downloaded, or otherwise exploited in any manner not intended by the
normal functionality of the Website or otherwise as expressly
authorized under this agreement unless you agree that in doing so it
would be your agreement to
accepting ultimate andsole liability for resulting damage or loss.
Your use constitutes your agreement agree not to maliciously or
otherwise circumvent, disable or otherwise interfere with
security-related features of the Website, or enforce limitations on use
of the Website or the content therein.
Your use is your acceptance that you understand that when using the
Website, you will be exposed to user submissions from a variety of
sources, and that INAMOCO Ltd /lemmeOut!
is not responsible for but not limited to
the accuracy, usefulness, safety, or intellectual property rights (that
are not of INAMOCO’S IP
rights) of or
relating to
such user submissions. your use constitutes your agreement and
understanding and acknowledge that you may be (despite the best efforts
of (INAMOCO ) exposed to user submissions
that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or
may have against INAMOCO Ltd with respect
thereto, and agree to
indemnify and hold INAMOCO Ltd and all its
related parties not limited
to its owners, operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your use
of the Website.
Your conduct use & submissions
You may use the INAMOCO Ltd / LemMeOut!
website to browse or submit
picture content and textual content, (your user submission) you are in
agreement that whether or not such submissions are published, INAMOCO
Ltd / LemMeOut! does not guarantee any confidentiality or
accept any
liability with respect to any submissions and you further agree that
you are solely responsible for your own submissions and any but not
limited to consequential loss, damage or claims from your posting or
any publishing. Your use of this site and your consequential
submissions are your agreement that you affirm, represent,
and/or
warrant that you own or have all the necessary licenses, rights,
consents, and permissions to use and authorize INAMOCO
Ltd /
LemMeOut! to use all or proprietary rights in and to any and
all
User Submissions or have a firm and honest belief that they are from
open free to use sources to be included and used in accordance with the
INAMOCO Ltd /
LemMeOut! website and these Terms and conditions.
Users who submit retain all ownership rights and all liabilities for
any misrepresentations as to ownership but hereby grant INAMOCO
Ltd /
LemMeOut! a perpetual unless notified in writing,
irrevocable,
worldwide, right to PUBLISH in ANY manner through ANY media your
submissions whether on Lemmeout website or ANY OTHER platform
for
promotional or any other purpose. INAMOCO
Ltd You also hereby
grant ANY
user of the Website a non-exclusive license to access your submission
through the Website, and to use, reproduce, distribute, display and
perform such User Submissions as permitted through the functionality of
the Website and under these Terms of Service. You also agree you retain
all liability for misrepresentations as to your ownership or honest
belief of open source rights of your submissions.
INAMOCO Ltd / LemMeOut! does
not endorse submission or any opinions,
recommendation, or advice expressed throughout the website or external
publication in relation to users submission and expressly
disclaims any and all liability in connection with user submissions.
INAMOCO Ltd does not permit abuse of
intellectual property
rights
on its Website, will provide any remedy offered here in these notices
if properly notified with sufficient proof by a claim or counterclaim
to such copyright and we reserve the right to remove user submissions
without prior notice.
Your use of this site is your agreement that any feedback you provide
is done so with your authourisation that we may use that feedback for
any purpose without restriction and without payment to you.
Termination
INAMOCO Ltd /
LemMeOut! may suspend or terminate your access to the
Website
or terminate these Terms of Service, at any time, for any reason
similarly you may terminate your use of the website at any time written
notification must be provided for removal of any of your submissions.
ANY VIOLATION OF THE TERMS AND LEGAL CONDITIONS OF USE OF THIS SITE
GRANT US RIGHT TO SEEK LEGAL REMEDY AND WILL AUTOMATICALLY TERMINATE
YOUR RIGHTS UNDER THE LEGAL USEAGE TERMS OF THIS WEBSITE -
YOUR STOPPAGE OF USE HOWEVER DOE NOT STOP OR
REDUCE YOUR LIABLITY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM
YOUR MISREPRENTATIONS AS TO OWNERSHIP OR RIGHTS TO USE DURING YOUR USE
AND SUBMISSIONS.
INAMOCO Ltd / Lemmeout reserves the right to decide whether content and
or submissions are appropriate in order to maintain Brand integrity and
ideals and whether such complies with these terms whether for
intellectual property or decency violation purposes and will not
consent to the publication of such and will remove if Brought to its
attention
Warranty Disclaimer
You agree by using this website that it is at your sole risk that you
may fall liable for legal claims if you do not follow the
guidelines and if you misrepresent that you are a copyright
owner.
The website LemMeOut! copyrighted content, images and logos are owned
by
INAMOCO ltd and other content is provided to the laws maximum extent on
an ‘an as is and as available’ manner and that
INAMOCO and
related parties such as members, directors, employees, agents,
suppliers, licencors and licensees disclaim liability or
responsibility whether express or implied of all warranties or
representations as to accuracy or completeness of the sites content or
of that of any sites linked to this site
The same parties will also not be responsible for errors and
inaccuracies, personal injury or copyright infringement or other
property damage arising from your use of this site.
The same parties will also not be responsible for unauthorised access
to or use of our secure servers holding personal and or financial
information stored for the necessary use of this site.
The same parties will also not be responsible for interruptions or
stoppage of publication or information transmission or for bugs viruses
or other such like which may be transmitted between this and third
party sites or by any third party maliciously causing such in any
manner.
The same parties will also not be responsible for consequential loss or
damage incurred as a result of but not limited to content errors,
ommissions, or alterations or loss of emailed, published, transmitted
or other wise published and made available via the website content
The same parties also do not warrant, endorse guarantee or accept
responsibility for third party products services whether offered in
advertisements on this site or on hyperlinked websites whether content
or advertisement.
The same parties will also not be responsible for monitoring
transactions between third party providers of products and services
though we aim wherever possible (it might not always be reasonably
possible) to ensure that the credibility of any such provider is of
international well known and respected repute in order to offer you
assurance to the best of our ability. It is always in your
best
interest however to use your own judgement and exercise care.
Limitation of Liability
INAMOCO its related parties such as but not limited to Directors,
Managers, employees, licensees or licensors, suppliers agents
or
members shall not be liable AT ALL in ANY event for ANY consequential
damage resulting form your access and or use of the website as we have
an honest belief that we have to the best of our ability mitigated the
possibility of such circumstance arising and have ensured at numerous
times throughout the site brought relevant notices to your attention.
Your access to and use of the site is your agreement that this is so.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER
PROVISIONS OF THIS AGREEMENT.
The Website is owned published and controlled by INAMOCO Ltd a
registered company in the united Kingdom users from other territories
do so at their own intent and are responsible for compliance with
appropriate geographical territory laws.
Indemnity
You agree but not limited to, indemnify and hold harmless INAMOCO, and
all previously mentioned related parties from and against any and all
obligations, losses, claims, damages liabilities, ALL costs or debt,
and expenses arising from: (i) your use of and access to the Website;
(ii) your violation of any term of these terms of service; (iii) your
violation of any third party rights, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of
your user submissions caused damage to a third party. This defense and
indemnification obligation will be in force even after your use of the
Website in case of claims arising from consequential breaches by you.
Ability to Accept Terms of Service
By using this site you are claiming that you are either 18 years of
age, or are acting under legal parental or guardian consent, and are
therefore agreeing to abide by and comply with these Terms and are
fully able and competent to enter into ALL the legal
requirements
set forth by INAMOCO Ltd LemMeOut!
You are agreeing that you are over
13
or have parental or guardians consent. Whilst we aim to make
this
site suitable for all we are not intending that it is suitable
specifically for under 13 year olds. If you are under 13
years of
age, ask your parent or guardian if the content is appropriate.
General
Where we have gathered information such as email addresses, your use of
this site allows us to contact you regarding site related notices that
are deemed necessary to send.
ALL legal, but not limited to, terms disclaimers and such herein shall
constitute the entire agreement between you and INAMOCO
/LemMeOut! concerning
the
access to and use of this Website. If the event any provision of these
notices of users terms deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or continuing waiver
of such term or any other term, and INAMOCO’S
failure to
assert
any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision.
INAMOCO reserves the right to amend these Legal notices
at any time and
without notice, and it is the responsibility of each users to ensure
they have read and understood these and are aware there may be changes
and updates. Use of the Website by a user following any amendment of
these Terms of Service will signify your assent to and acceptance of
its revised terms.
You and INAMOCO agree that ANY cause of
action by you arising from the access
to or use of this website must commence within ONE
year after the cause
of action commences otherwise the right to a claim is permanently
barred
Personal Information
You are not required to provide any information for mere browsing of
the site but to use the services provided, for example the e trickery
tool (image manipulation software) certain non personally identifiable
details such as IP address or image properties may be stored in order
to be used in potential copyright infringement disputes, in other
instances whereby you actually claim copyright or want to earn
commission from such we need to store some obviously personally
identifiable details for as long as is necessary for the purpose we
reserve the right to alter the means of and content of the gathering of
deatils..
If we do require information it is never knowingly passed on to a third
party other than but not limited to such as our agents or developers or
server hosts (any person in a service that is essential to the ultimate
publishing and maintenance required for publishing of the INAMOCO site
or unless the law states it is appropriate to do so for example in a
copyright infringement dispute or action. The level of
information we will ask for and hold will depend on the activity or
service we provide, eg uploading images will not require as many
details, whether the be personally identifiable or not, to be stored as
say for licensing your image to us for commission earning
purposes. Any holding of tracking of site user details
whether
they are user personally identifiable details or not will only be used
if necessary for but not limited to prevention of copyright
infringement, efficiency, operation, maintenance and website evolution
purposes.
To provide an efficient, secure and constantly improvable service we
need to record certain tracked details, such as frequency of
visits, size of data transfers and other relevant tracking of site
usage movement details. For such purposes, we use but not
limited
to, non-personally-identifiable information (such as but not limited to
IP addresses, browser type, etc for this improvement and maintenance of
the Website, to create but not limited to new features, and services
(and help protect copyright property in case of a infringement claim)
by storing, tracking, and analyzing user preferences and trends using a
combination of third party analytics software and our own software we
cannot be held responsible for third party breaches that are out of our
control.
We do not use your details that we gather for sending of marketing our
own products unless you have requested (for example subscribing to RSS
feeds) or those of third parties we may in the future offer
this
but this would be advertised on the site to users who wish to subscribe
for such, if we do offer this in the future it will be clear, we may
however use your details where necessary to inform you of customer
service purposes.
Third party advertising
however will be
visible throughout the use of the site and may be attached tobut not
limited to all free
downloads.
Some third party providers of relevant software free or paid for, for
essential for use in this site such as but not limited to analytical
tracking tools who track non personally identifiable details may
contact you with marketing content for products but we will not be held
liable for such contact as this is out of our control. we try to
mitigate this possibility by when possible using only software from
reliable or known respected providers.
Your uploaded content consisting of any images or information you
provide for public viewing and interaction may be accessed distributed
and used by other users across the internet so please exercise caution
as to ownership as by uploading your content you are agreeing to your
knowledge of this fact and admission of copyright ownership.
THIS SITE IS GOVERNED BY THE LAWS OF THE UNITED KINGDOM AND BY USING
THIS SITE YOU ARE AGREEING TO THIS - ALL claims or disputes between you
the user and INAMOCO and or third parties that arise in whole or in
part from the website and its use shall be settled exclusively by
binding arbitration in accordance with the commercial arbitration rules
of the UK on a sole not joined basis. The arbitration will be
judged in The UK and judgment may be entered into any court of
competent jurisdiction. The decision of the arbitrator will be final
and binding upon the parties without appeal or review except as
permitted by UK law. Either party may seek any relief from any court of
competent jurisdiction, as necessary to protect the party’s
rights or property pending the completion of arbitration.
ANY RESULTING LIABILITIES OCCURING AND RESULTING IN LEGAL ACTION
ARISING FROM CLAIMED INFRINGEMENT OR COUNTER CLAIMED INFRINGEMENT
DISPUTES ARISING EVEN THROUGH CAUSUAL LINK FROM THIS USE OF THIS SITE
ARE NOT HELD TO BE OUR LIABILITY. IN THE EVENT OF ANY
LIABILITES
FALLING ON OURSELVES ANY SUCH ACTION WILL BE SUBJECT TO THE
LAWS
OF ENGLAND AND BY USING THIS SITE OR MAKING ANY CLAIM YOU ARE AGREEING
TO SUCH. BY USING THIS SITE OR MAKING A COPYRIGHT CLAIM YOU ARE ALSO
AGREEING TO LIABILITY FOR ANY INFRINGEMENT OR OTHER CLAIMS RESULTING IN
YOUR USE OR YOUR CLAIMS SO PLEASE DO NOT MISREPRESENT THAT YOU OWN
COPYRIGHT IF YOU DO NOT AS YOU WILL BE HELD SOLELY LIABLE.
TERMS AND
CONDITIONS FOR USE AND
SALES of content of digital or actual goods
INAMOCO Ltd /LemMeOut! does not stock tangible products and uses third
party product suppliers to provide your personal or chosen product
therefore by contracting to purchase a product you are agreeing to your
full knowledge and consent to this and agreeing to the terms and
conditions in relation to such providing of products.
Some of these terms and
conditions with references to shipping and
wrapping relate to
actual
goods as opposed to digital goods.
Disclaimer
You agree that you fully understand that from your first access to and
last exit of this site and continuing beyond in case of
consequential damage or loss as a result of your access and
misreprentations is at your sole risk.
For
merchandise goods you must absolutely only use your own images you must
not use open source images. Our software tells us what items
are being purchased so we are able to locate a purchaser
should the future dispute occasion
arise of copyright infringement
We aim to
provide you with a
level of excellent service within our site, free from substandard
service, interruptions, unreliability, inaccuracies
without limitations but cannot be held responsible if the service does
not meet your expectations.
Any actual such substandard service interruptions,
unreliability,
inaccuracies that actually occur that are not just your
personal
expectation will be corrected as soon as we are aware of such.
Material
downloaded to any personal terminal is done at your own discretion and
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 any
such material
and for any breach of copyright whether of LemMeOut! or user sumbitted
or
open source copyright. IMPORTANT These terms and
conditions are specifically for INAMOCO ltd and any links to an INAMOCO
brand site will
require the user to read each INAMOCO brand site terms, conditions and
privacy policy as a separate legal document to these terms and
conditions
before use of the INAMOCO brand site. Lemmeout is an INAMOCO brand.
1.
Our website -Your use of this website and any service contained within
constitutes acceptance of these Terms & Conditions.
2.
Customer Information 2.1 You should always check that the contact
information you provide is correct before using any
necessary service derived
from or within this site.
2.2
You are responsible for maintaining your own username and password (if
applicable) where required to access your customer
account (if
necessary). You should ensure that you store your username and password
securely and that the details required to access your
customer account are not provided to another party unless that other
party is relevant for example a third party content provider
affiliate of InAMOCO /LemMeOut!.
2.3
As a customer you are responsible for your customer account and actions
taken within it. If you are aware or suspect that your
customer account
username and password or other details have become known to a third
party, you should inform us immediately as we do not
pass on this information directly other than to the necessary for the
service and use of this site operators, you may be
liable for any conseuential loss or damage arising from the misure of
your deatails.
2.4
Our website is only intended for use by all ages above 13 to adults or
children with parental authorisation. Adults may
purchase content
and / or products for children as long as the products purchased are
intended by the manufacturer
for use or consumption by children. Children must have a
parent purchase on their behalf.
3.
Privacy INAMOCO ltd / LemMeOut! takes your privacy seriously. We are
registered under and comply with the Data Protection Act
1998.
For further details please see our Privacy Policy.
4.
Product Pricing and Title 4.1 We make every effort to ensure that the
pricing displayed on our website is correct. However, if
an error in the
pricing of a content or product is found we reserve the right to either
cancel your oder or offer at the correct price.
The processing of an order can be cancelled or corrected by ourselves
or relevant third party provider at anytime up to the
shipment
of that order and any related items.
4.2
We reserve the right to alter all product pricing without notice.
4.3
Title in any tangible products ordered from us does not pass to you,
the purchaser until we or our third party providers have
received and processed
a valid payment, and that payment has been made into the relevant bank
accounts and
your order has been shipped.
4.4
Title in any digital content or any copyrighted imagery ordered from us
that we provide does not pass to you the purchaser other than
for your
own personal
use neither does your copyright pass to us or any other party other
than for the intended personal use for your rightfully expected licence
commission purposes.
5.
Your Order 5.1 When you place an order you will automatically receive a
confirmation from our third party provider to confirm
your order. Your
order constitutes an offer made to us/our third party provider to
purchase the goods specified in
the order.
5.2
Your offer is only accepted by our third party providers once they have
confirmed such and subject to the details of such
notice.
5.3
Product items not included within the dispatch are not included in the
order and contract between you and us unless specifically stated as to
intention.
5.4
We / our third party providers reserve the right to delay or refuse
orders where a transaction contains incomplete details
or details that
cannot be verified or where fraud is suspected.
5.5
If we/our third party providers are unable to reasonably ascertain
these details or resolve these issues a full refund will
be made against the
card used at the time of purchase unless our third party provider
states otherwise. No other form of refund or credit will be
offered nor will a refund be made to any third party card or account
unless we or our third party providers offers without prejudice.
6.
Shipping and Customs Duty 6.1 All orders received by us/our third party
operators are shipped subject to availability.
6.2
We/or our third party providers if they so state reserve the right to
ship
products at a later date (up to 28 days after purchase
or as otherwise stated by our third providers)
where the
product ordered is not in stock at the time of purchase.
6.3
We / our third party providers cannot be held responsible for
disruption to shipping caused by industrial disputes or action
outside our direct
control. If such disruption occurs you will be offered delivery via an
alternative delivery or fulfilment
company or a refund according to our third party provider terms.
6.4
If you are ordering a product you as the recipient of the
product are responsible for all customs duties or
tariffs
incurred in the
country to which the products are shipped unless our third party
provider states or intends otherwise. Furthermore your
order may be subject to delay or be opened and searched by local
customs authorities when entering the destination country. Please note
we are unable to provide specific
advice on customs duties or tariffs.
7.
Cancellation Rights, Returns and Refunds 7.1 Under the Consumer
Protection (Distance Selling) Regulations 2000 you have a
right to cancel your
purchase. However, to exercise this right you must notify our third
party providers in writing, (email or letter) within
seven working days from the day after you receive your goods or
according to their terms.
7.2
As stated above notification of cancellation must be in writing, a
telephone call is not a valid cancellation.
7.3
No right of cancellation, refund or return exists under the Consumer
Protection (Distance Selling) Regulations 2000 once you
have used your
product, unless the product is defective and you are returning it for
this reason.
7.4
Goods that are sealed or shrink-wrapped and this is removed can only be
returned if they are defective.
7.5
No right of cancellation exists for downloaded goods or "softcopy"
goods to which you,
the
customer has instant access to or use of, unless defective -there is no
right attached if the download is free no copyrights is
transferred whatsoever whether the download is free or paid for .
7.6
No right of cancellation exists for personalised goods or goods that
are intimate in their nature or goods where there may be
hygiene issues,
unless defective.
7.7
Please observe the following procedure for all returns to our third
party providers:
7.7.1
On the back of your delivery note or on another piece of paper, (if you
no longer have or did not receive your delivery note),
include your order
number and the reason for the return.
7.7.2
If you are returning your product to our third party provider because
it is defective, please state the defect or defects
and any other detils as required by our third party provider.
7.7.3
Repackage the product in its original packaging, including any
accessories, brochures, manuals, guarantees or warranties
that came with
the product. Unfortunately our third party providers will be unable to
issue a refund where the product is in an
incomplete state unless they state otherwise or at their discretion.
7.8
If the original packaging surrounding the product has been damaged or
destroyed our providers will only issue a refund if the
product is being
returned due to a defect unless they state otherwise or at their
discretion. If the original packaging of a defective
product has been damaged or destroyed you should ensure
that the returned product is adequately packed for shipment back to us.
7.9
You are responsible for paying any postage or shipping costs incurred
when returning the product unless our third party provider
states otherwise.
7.10
We strongly recommend that all returns be sent by registered post or at
the very least obtain a proof of posting certificate, so that a
record of the return is available for you as this would affect your
right to a claim due to lack of proof.
7.11
our third party provider will not issue refunds for any items lost or
stolen in transit to them unless they state such.
7.12
Where a return is lost or stolen in transit to our operators, you
should claim compensation from the company that shipped
the return unless our providers state otherwise.
7.13
If you fail to return a product to our provider, they may make
arrangements to have the product collected from you. The
cost of this collection
will be passed on to you unless they state otherwise.
7.14
Unused products may be returned promptly by customers to the address
listed in our third party providers contact us section
unless they state
otherwise.
7.15 Subject to the above a refund the purchase price of a
returned
product is subject to the terms of our third party contract
provider within their speciofied
time of receiving written notification of your intention to return the
product.
7.16
our third party providers will also refund the cost of standard or
recorded postage incurred returning a product, if incorrectly sent by
them or where the product
has been returned due to a defect unless they state otherwise. Please
note that they will not refund any courier,
overnight or express element of any delivery or postage charge,
including Royal Mail Special Delivery.
8.
Customer Complaints -our third party provider endeavours to respond to
all customer complaints or queries within five working
days unless they
state otherwise.
9.
Faulty Products Where a Customer experiences a fault with a product it
can be returned to the third party providers address which will be
available on our or their site before you make a purchase subject
to their returns
policy.
10.
Events outside our control LemMeOut! / INAMOCO ltd and their third
party provider shall not be liable for delay or failure
to perform any
obligation under these Terms & Conditions if the delay or
failure is caused by any circumstances beyond our or their
reasonable control, including, but not limited to, acts of god, war,
civil disorder or industrial dispute.
11.
Licence 11.1 LemMeOut!, a brand of INAMOCO ltd grants you a licence to
access and use the stipulated content, information and
services
contained within our website for personal use only whether the content
provided is done so for free or payment, This does
not extend to the non INAMOCO /LemMeout! copyright submitted by users
or
other unless we are licensed to offer such content such license will be
made knowledgeable, to do so otherwise is at your own own risk and
burdens you with any consequential
liability or claims for loss or damage. Nothing
confers any copyright rights.
11.2
This licence allows you to download and cache (using your browser) or
link to specifically stipulated content only from our website
but this must be under our
licensed agreement which may be expressed throughout the site or may
cost and need written permission it is your
responsibility to check which you must check with us what is allowed
and what is not if you are
unsure
you must contact us. Any content submitted by users and any to be paid
for InAMOCO / LemMeOut! content is not permitted to be downloaded and
may not be permitted to be linked to it is your responsibilty
to ensure which is which.
11.3
This licence does not allow you to download and modify individual pages
or substantial parts of our website nor to make our
website available
via an intranet unless by express written agreement and paid licences,
11.4
Our website design, layout, content or text cannot be copied, edited or
otherwise manipulated without our express prior written
permission. Any
content not belonging to ourselves is subject to similar restrictions
or you accept liability for conseqences arising from ignoring this
notice.
11.5
Our website cannot be placed within the frame-set of another site
unless expressly stated or other express written paid for license and
agreement are in place.
11.6
Third parties are not allowed to "deep link" to pages within our
website, without our express prior written permission unless
it states otherwise
on the site, if such a statement is made it will be for specific
limited not all content and it is your responsibility to determine
which is allowed. upon
request or when stated on the site All links should be to the permitted
pages only. Furthermore, the content of such links, whether graphic or
text should not be misleading, false, derogatory or in any other way
offensive.
WE
DO NOT ALLOW OUR CONTENT TO BE USED ON ANY SITE THAT WOULD NOT BE
SUITABLE FOR CHILDREN THOUGH OUR CONTENT IS NOT AIMED AT
CHILDREN THEREFORE IT SHOULD NOT LINK TO SITES THAT CONTAIN
SWEAR WORDS OR EVEN
THE MILDEST OF SEXUAL REFERENCES OR HINT OF VIOLENCE OR OTHER
INNAPROPRIATE CONTENT. ANY FUTURE CLAIM AS TO CONSENT THROUGH
CONDUCT IN LINKING TOSUCH CONTENT ON SITES NO MATTER HOW LONG THE
LINKING HAS OCCURRED WITHOUT NOTICE FROM OURSELVES WILL NOT BE LEGALLY
RECOGNISED AS A LEGAL CLAIM AS WE WOULD NOT IN FULL KNOWLEDGE OF SUCH
APPROPRIATE LINKING GIVE CONSENT OR ALLOW IT TO CONTINUE THEREFORE ANY
SUCH INNAPROPRIATE LINKING NO MATTER HOW LONG THE OCCURENCE IS<
IS DEEMED TO BE WITHOUT OUR KNOWLEDGE OR CONSENT.
11.7
The restriction on "deep linking" also applies to affiliate partners
who wish to send customers directly to a particular page
or product
in order to increase their affiliate sales.
12.
Copyright 12.1 All content, databases, graphics, buttons, icons, logos,
layouts and look & feel are the copyright of
LemMeOut! a brand product
of INAMOCO ltd, unless expressly acknowledged as otherwise. We have
used open source not not limited to scripts for various functions these
may
be used freely but you must ensure you know which is
allowed contact us if you are confused as to which may be used
a;lso the appropriate named credit must be used.
12.2 The data mining, extraction or utilisation of
product information from
our website is not permitted without either notices expressed
throughout the site or our express prior written
permission.
13.
Reasonably Foreseeable Losses 13.1 INAMOCO ltd will be liable
for any
losses incurred by you due to breaches of these Terms &
Conditions by us, only where such losses were reasonably foreseeable at
the
time the contract between you and INAMOCO Ltd were made.
13.2 All business, indirect or consequential losses
not reasonably
foreseeable at the time of the contract between you and us are excluded.
13.3
INAMOCO ltd does not exclude or limit liability for death or personal
injury caused by the negligence or breach of duty by us, our employees
or officers.
14.
Severability The foregoing paragraphs, sub-paragraphs and clauses of
these Terms & Conditions shall be read and construed
independently of each other. Should any part of this agreement or its
paragraphs, sub-paragraphs or clauses be found invalid it shall not
affect the remaining paragraphs, sub-paragraphs and clauses.
15.
Waiver Failure by INAMOCO ltd to enforce any accrued rights under these
Terms & Conditions is not to be taken as or deemed to be a
waiver of those rights unless we acknowledge the waiver in writing.
16.
Entire Terms & Conditions These Terms & Conditions set
out the entire agreement and understanding between you and INAMOCO ltd.
We reserve the right to change these Terms & Conditions at any
time, without giving notice to you.
17.
Jurisdiction These Terms & Conditions shall be interpreted,
construed and enforced in accordance with English law and shall be
subject to the exclusive jurisdiction of the English Courts.
Your
statutory rights are unaffected.
LemMeOut!
Privacy Policy -LemMeOut! & www.lemMeOut1.com is an INAMOCO ltd
brand. inamoco.com
PRIVACY
Responsibility for all issues, regarding you the user, pertaining to
the INAMOCO site is held by INAMOCO Ltd. which is a UK registered
company no. 5792643 Any enquiries related to the functions of this
website should be directed to INAMOCO using the contact information
provided. (contact@lemmeout.com
Collection of
Your Personal
Information On this site we collect and
store certain information
Use
of Your Information- INAMOCO will only
communicate with you at the email
address you provide for such purpose with regard to updates regarding
the site and changes of policies and your use of the site and to inform
you of new brand licence products and only if you register your
consent. You will not receive information from our associated websites
unless this is out of our control but if this were to be a regular
future intention your consent would be sought
to send material and only content relating to personal interests would
be sent.
Privacy
Policy Security Our first priority is that we aim to ensure your visit
to our sites are safe experiences.
Collection
of your information When submitting your registration only the
appropriate information
will be collected and is strictly confidential to INAMOCO and the
necessary system administrators. Information collected is stored and
processed on our secure servers and INAMOCO guarantees that this data
is used under strict compliance with privacy policy regulations and
internal security rules.
Access
to information Personal data submitted to INAMOCO or any INAMOCO brand
site will be treated with confidence and protected by the rules of the
Data Protection Act. Only necessary system administrators will have
access to this personal information will only be viewed by the
administrators as and when necessary and will be handled with strictest
confidence.
Removal
of Data At any time you may submit a request to have your personally
identifiable data removed
. Simply e-mail the community administrators .
As
we comply strictly to privacy policy regulations with respect for your
information we guarantee we will strive for the highest possible
protection of your information
1.
INAMOCO ltd / LemMeOut! complies with the principles of the Data
Protection Act 1998 when dealing with all data received from visitors
to the site. INAMOCO is a UK registered company registration
no. 5792643 registered address is Oakwood House West
Yorkshire Bd15
2.
We only hold the data necessary to offer services provided on our
website.
3.
Data is only used for the purposes described in our entry on the Data
Protection Register.
4.
We only hold personal data for as long as necessary. Once data is no
longer needed it is deleted from our files.
5.
For administrative reasons such as but not limited to purchasing of
products or email subscription data may be passed to and
stored securely with third party service providers located outside the
EEA (European Economic Area).
6.
We regularly email website news and information updates to those
customers who have specifically subscribed to our email service. All
subscription emails sent by us contain information to
unsubscribe from our email service.
7.
We never sell, rent or exchange mailing lists.
8.
We may however share commercial and technical data with our partners
where a customer has accessed and used our website via a site belonging
to one of our partners. However, such information will also be subject
to our partners" privacy policies.
9.
If you subscribe to our email service via a partner site, that partner
may wish to send you details via email of other products and services,
which may be of interest to you. However when you subscribe directly to
our email service you will be asked whether or not you wish to receive
such emails.
10.
Please note that we only share data with partners that operate their
own privacy policy. We also only partner with recognised and reputable
companies.
11.
In accordance with the Privacy and Electronic Communications (EC
Directive) Regulations 2003, we never send bulk unsolicited emails,
(popularly known as Spam) to email addresses we cannot be held
responsible for other third parties doing so without our consent.
12.
We may send emails to existing customers or prospective customers who
have enquired or registered with us, regarding products or services
directly provided by us.
13.
All emails sent by us will be clearly marked as originating from us.
All such emails will also include clear instructions on how unsubscribe
from our email service and any future emails. Such instructions will
either include a link to a page to unsubscribe or a valid email address
to which you should reply, with "unsubscribe" as the email subject
heading.
What is not clearly expressed in regard to the intended use of this
site and use of copyrighted content and your liabilities as a user and
our intended waivers of liability should be and is implied.
- We have endeavoured to help copyright owners trace any image by placing our logo/web address on the images we use.
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