Terms and Conditions
USER AGREEMENT This Agreement sets out the terms and conditions relating to the online content provided free of charge and content. By accessing www.pushmoments.com the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorized to do so) the User should not use the Site.
If the User has any questions they should contact the Siteowner at [email protected].
The user must be age 18 or older
The Siteowners are absolved from any liabilities of activities done by any user.
At the Siteowners discretion expiration of membership can occur for any reason.
Services and Fees:
The User shall agree to pay any subscription fees (“Fees”) at rates in effect when the charges are incurred. The User must provide the Siteowner with complete and accurate payment information. The User can pay using a credit or debit card or can pay through a paypal account. By submitting credit or debit card details to the Siteowner the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorized payment the Siteowner reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content. If no payment authorisation is received or payment authorisation is subsequently canceled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site. A contract with the User for a Paid-for Content will come into effect when the Username and Password are issued to the User. The User having paid the Fee for a subscription for the for a defined period the User will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. This does not affect the User’s statutory rights. Registration, Passwords and Privacy The use of the Site signifies the User’s consent to the Siteowner collecting and using personal information about the User in accordance with the Siteowner’s Privacy Policy. The User does not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content. If the User wishes to access the Paid-for Content the User will be asked to provide the Siteowner with accurate, complete registration information, including contact details, and it is the User’s responsibility to update and maintain this information. The Siteowner is entitled to rely on this information to provide Paid-for Content. The User will also be requested to create a Password in a format specified by the Siteowner (“the Password”). The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall notify the Siteowner immediately by contacting the Siteowner at [email protected]. If the Siteowner has reasonable grounds for believing that the User has misused or is misusing the Password, the Siteowner may require the User to change the Password or may suspend the User’s use of the access to the Site, including Paid-for Content, until such time as the Siteowner is satisfied that the security of the Site is no longer compromised by the User’s activities. Limitations on Use of the Site All content and services provided by the Siteowner belongs to the Siteowner [or is licensed to the Siteowner by licensors including SubHub Limited]. The Siteowner [or its licensors, including SubHub Limited] own all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors including SubHub Limited or otherwise relating to the Site. Limitation of Liability and Indemnity The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. The User expressly agrees that the downloading of any material form the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party [other than the Siteowner] who is involved in the workings of the Site, including SubHub Limited, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site. From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law. Indemnity The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including SubHub Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner or SubHub Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to cooperate with the defense of such claim. Consequences of Breach of these Terms In the event that the Siteowner or SubHub Limited considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content; and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site. Third Parties The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of SubHub Limited. Proper Law and Jurisdiction This Agreement and all matters arising from it shall be governed by and construed according to the laws of England, Wales, and the United States and shall be subject to the [exclusive] jurisdiction of the courts of England, Wales and the United States. Entire Agreement This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
END USER PRIVACY AND COOKIE POLICY
Welcome to our Privacy Policy.
This document explains what we do with the personal information that you give us. If you have not already done so, please read our User Agreement before reading this Privacy Policy. In general, we use the personal information that we collect from you to allow you to use the services offered by our website including Paid-For Content (the Service). This Privacy Policy applies only to our Service and not to any other company, individual, organization or website that you may reach via a link from our website, except for those companies we mention below. If at any time you have a question about anything contained in this Privacy Policy or a general query on privacy, please contact us.
Consent Registration How we collect information from you Cookies How we look after your information When do we give information that you provide us with to other people? How to get in contact with us
Consent
Your use of our Service signifies your consent to us collecting and using personal information about you in accordance with this Privacy Policy. Should we choose to change our Privacy Policy for any reason, the changes will be posted here, so that you are always kept informed of how we collect and use your personal information, and when we may disclose it.
Registration Information
Although certain areas of our website are made available to all visitors, before you can use the Service, you will need to register your details with us in accordance with the registration details. If you have not already done so, please register your details. Should you not register your details, you will not be allowed to use the Service.
We reserve the right to ask for your date of birth to verify your age. Please note we will not collect the personal information of any individual who tells us he or she is under the age of 18.
How we collect information from you
In order to process your account for the Service and in order to reconcile our accounts, Protx or such other payment partners as we may use from time to time may provide us with information detailing the credits and/or debits made to your credit/debit card.
Cookies
Cookies are small files of information which are stored on your computer. Web sites you visit ask your computer to store this information and retrieve the information from your computer so that they can keep track of things like other web sites you visit or how you navigate our website or other files which provide you with the Site. For more information about what cookies are and how they work, visit www.allaboutcookies.org.
On revisiting our website or in using the files, our computer server will recognise the cookie and give us information about your use of the Site. 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 the Site but you may find that the Site may not function properly or is slower than when you allow a cookie to be installed on your machine.
How we look after your information
We make sure that all the information we hold on you is as safe as possible. In addition, we have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorized access and to comply with the UK Data Protection Act 1998. This means that sometimes we may ask you for proof of identity before disclosing any personal information to you.
What do we do with your information?
We use your information to process orders you make from our Site. We may contact you from time to time to let you know about our services which may include sending you newsletters and news on events that you may be interested in. You can elect not to receive such marketing material at any time by writing to [email protected].
When do we give information that you provide us with to other people?
Apart from entities that are involved in helping us to run our Site, we never give your information to any third parties. The entities that help us run our site are SubHub, which provides hosting and design services to us, and Protx [or other payment provider], which provides credit card payment processing services to us. In order to buy material from our Site you will have to comply with the terms of our payment partner, Protx, and will need to review and agree to Protx Privacy Policy when you do so (see the Protx terms and conditions at protx.com for further information). We and Protx will share information with each other only to the extent necessary for the purposes of processing payments you make for materials from our Site and to enable us to retrieve payments from Protx.
SubHub provides the technology on which our Site runs and holds and maintains the databases in which data about our users is contained. SubHub will only use data you provide to the extent necessary to enable us to operate the Site. We reserve the right to access and disclose individually identifiable information (i) to comply with applicable laws and government requests, (ii) to be able to operate our systems properly or (iii) to protect ourselves or our users.
How to contact us
If you ever want to change any information you have provided to us please contact us. You can always get in contact with us via email, the address above.