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Callupcontact Terms & Conditions

The proprietor and operator of the CALLUPCONTACT website at www.callupcontact.com (the “Website”) is Y1000 LTD  (“CALLUPCONTACT”, “We” or “Us”); a company registered in England with company number 08762251 whose registered address is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.

These Terms and Conditions (the “Terms and Conditions”) govern the use of the service provided by CALLUPCONTACT. The scope of these Terms and Conditions shall extend to the service and the Website, which has been developed and is operated by CALLUPCONTACT with an aim of provision of services to the individuals and entities that use, access, browse and sign up to the Website (the “User(s)” or “You”).

These Terms and Conditions are a reflection of the entire understanding of the relationship between CALLUPCONTACT and the User and it shall prevail any previous agreements, unless CALLUPCONTACT, expressly and in writing, states otherwise.

The standard language of the agreement is English and in case of any conflict between human-readable form and machine-readable form, the human-readable form shall prevail.

We may translate these Terms and Conditions into other languages for Your convenience. Notwithstanding that, the English language version shall solely be the version which governs Your relationship with Us. Any discrepancies among the different versions will be resolved in favour of the English language version.

Your access to and use of the Website is subject exclusively to these Terms and Conditions.  You undertake that You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions, such as but not limited to hacking or unauthorised access.  By using the Website You are fully accepting the terms, conditions and disclaimers contained herein.  If You do not accept these Terms and Conditions You must immediately stop using the Website.

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, CALLUPCONTACT DOES NOT WARRANT THAT THE WEBSITE IS ERROR FREE AND THAT THE SERVICE WILL BE UNINTERRUPTED.


1. USE OF THE WEBSITE

1.1 CALLUPCONTACT provides Services that are, unless otherwise expressly stated, advertising sites and services (the “Service"). CALLUPCONTACT displays advertising on behalf of third party businesses and CALLUPCONTACT relies upon those businesses for the accuracy, completeness and honesty of such advertising. Under no circumstance does CALLUPCONTACT endorse and/or have any connection with the businesses that advertise with Us.

1.2 We hereby grant You a limited, non-exclusive right to use the Website subject to the restrictions in these Terms and Conditions.

1.3 Your use of the Website shall be solely at Your own risk, including the risk that You might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate, as set forth in clause 4.

1.4 The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

1.5 To access or use the Website, You must be at least 18 years of age and have the power and authority to enter into the Terms and Conditions. You may not access or use the Website if You are Our direct competitor or if we have previously banned You from using the Website or closed Your account.

1.6 CALLUPCONTACT reserves the right, but not the obligation, to:
1.6.1 modify, update, interrupt, suspend or discontinue or remove (temporarily or permanently) the Website or any part of it without notice and You confirm that CALLUPCONTACT shall not be liable to You for any such change or removal; and
1.6.2 modify the Terms and Conditions at any time, and Your continued use of the Website following any amendments shall be deemed to be Your acceptance of such amendments; and

1.6.3 monitor the Services for the purpose of determining that Your usage is in compliance with the Terms and Conditions.

2. USER ACCOUNTS

2.1 In order to use some of the features that are offered through the Website You must sign up for a user account (the “Account”).
2.2 The Account is for Your personal, non-commercial use solely. Upon creating the Account, We ask You to provide complete and accurate information about Yourself (the “Information”) to bolster Your credibility. You may not impersonate another person, whether legal or natural, create or use an Account for anyone other than Yourself, provide an email address other than Your own, or create multiple accounts.
2.3 You are responsible for maintaining the confidentiality of Your account password. You are also responsible for all activities that occur in connection with Your account. You agree to notify us immediately of any unauthorised use of Your account.
2.4 CALLUPCONTACT will never ask for Your password. If You are asked for Your password, or if You believe someone may have obtained Your password, You must use the “Forgot My Password” feature on the login page to reset Your password .

2.5 By creating an Account, You agree to receive certain communications in connection with the Website, such as system maintenance, user suggested changes and general notifications that relate to providing a Service to You  and You are deemed to have “opted-in” to all tracking, collection, use, and sharing permitted under our Privacy Policy .

2.6 CALLUPCONTACT, in its sole and absolute discretion, reserves the right to terminate Your Account at any time for any or no reason. CALLUPCONTACT has no obligation to retain a record of Your account or any data or Information that You may have stored by means of Your account or the Service.

3. USER’S UNDERTAKINGS AND RESPONSIBILITIES

3.1 You may use the Service and any materials or content made available to You in connection with Your use of the Service only as expressly permitted by the Terms and Conditions and only in a manner that does not interfere with Our right or ability to provide the Service or any third party’s right or ability to use or enjoy the Service.

3.2 You represent and warrant that Your use of the Website will be in strict accordance with the CALLUPCONTACT Privacy Policy, with these Terms and Conditions and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside).

3.3 By using the Service You undertake to refrain from (a) infringing, violating, or breaching any right of any party; (b) intending to disrupt or interfere with the security, provision or use of the Service; (c) attempting to obtain unauthorised access to the Service; (d) engaging, directly or indirectly, in any type of unsolicited communication; (e) collecting, manually or through an automatic process, information about other users without their express consent or other information relating to the Services; (f) submitting false or misleading information to Us; (g) using any of Our Marks or other portion of the Service in advertising, promotions, or for other commercial purposes; (h) using any of Our domain names or any domain name that is confusingly similar to this or another CALLUPCONTACT domain name as a pseudonymous (i) assisting any third party in engaging in any activity prohibited by the Terms and Conditions.

3.4 You hereby acknowledge that:

3.4.1 You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

3.4.2  The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors.

3.4.3 The Website may feature Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

3.5 CALLUPCONTACT disclaims any responsibility for any harm resulting from the use by Users of the Website, or from any downloading by those Users of Content posted thereon.

4. USER CONTENT

4.1 User shall not use, upload, post, email, transmit, or otherwise make available on the Website any content (the “Content”) which (a) violates law or promotes anti-constitutional organisations; (b) can be deemed to be racist, pornographic, sexist, harmful to young persons; related to narcotics trafficking, inciting or downplaying the consumption of narcotics, inciting criminal offences, gambling, insult or slander, defamation; (c) breaches any rights of any third party, such as but not limited to copyright, performance, and commercial property rights; (d) is libelous or defamatory, (e) contains threats or incite violence towards Us, any individuals or entities or another User, and/or violates the privacy or publicity rights of any third party; (f) includes information for which the User has no right to disclose or make available under any law or under contractual or fiduciary relationships; (g) constitutes spam, machine-generated or randomly-generated and contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts or mislead recipients as to the source of the material; (h) contains or installs viruses, worms, malware, Trojan horses or other harmful or destructive content; (i) intends to disrupt, destroy, limit, or impair the Website service or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts.

4.2 User shall bear all responsibility for any defamatory, libellous, offensive, objectionable and abusive Content the User post or shares, since We disclaim all liability in this matter and reserve the right to remove any Content We deem inappropriate.

4.3 CALLUPCONTACT does not review all the Content posted to and published on the Website, and cannot therefore be responsible for that Content, its use or effects. By operating the Website, CALLUPCONTACT does not represent or imply that it endorses the Content posted thereon, or that it believes such material to be accurate, useful or non-harmful.

4.4 Without limiting any of those representations or warranties, CALLUPCONTACT  has the right (though not the obligation) to (a) refuse or remove any content that, in CALLUPCONTACT’s reasonable opinion, violates any CALLUPCONTACT policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Website to any individual or entity for any reason, in CALLUPCONTACT’s sole discretion.

5.  LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites and webpages (“Third Party Websites”) that are controlled and maintained by those third parties. Any link to any Third Party Websites does not constitute endorsement of such websites and You acknowledge and agree that We are not responsible for the content or availability of any Third Party Websites and/or any relationships arising out of linking Third Party Websites to the Website between the Users and any third parties.


6. INTELLECTUAL PROPERTY RIGHTS

6.1 All copyright, trademarks and all other intellectual  property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to CALLUPCONTACT or otherwise used by CALLUPCONTACT as permitted by law.

6.2 In accessing the Website You agree that You will access the content solely for Your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

7. DISCLAIMERS, EXCLUSIONS AND LIMITATION OF LIABILITY

7.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

7.2 To the extent permitted by law, CALLUPCONTACT will not be liable to You or any third party for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business, opportunity, data, profits or goodwill) arising out of or in connection with the use of the Website and the Service regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring, inlacing but not limited to the cost of any goods or services which might be purchased or obtained as a result of using the Service.

7.3 CALLUPCONTACT makes no warranty that (a) the functionality of the Website will be uninterrupted, error free, delay free or secure; (b) defects will be corrected; (c) the Website or the server that makes it available is free of viruses or anything else which may be harmful or destructive; (d) the Website and the Service will meet Your Requirements; (e) the Website will operate in the configuration or with hardware or software used by You.

7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of CALLUPCONTACT for death or personal  injury as a result of the negligence of CALLUPCONTACT or that of its employees or agents, or any other liability to the extent such liability may not be excluded or limited as a matter of law.

7.5 CALLUPCONTACT MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THE TERMS AND CONDITIONS . CALLUPCONTACT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. CALLUPCONTACT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS  OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.

7.6 IN NO EVENT WILL THE AGGREGATE LIABILITY OF CALLUPCONTACT ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SERVICES EXCEED THE GREATER OF: (a) AMOUNTS THAT YOU PAID CALLUPCONTACT FOR YOUR USE OF THE SERVICES (b) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.


8. PRIVACY AND COOKIES

8.1 Use of the Website is also governed by Our Privacy Policy – http://www.callupcontacts.com/documents/privacy.php which is incorporated into these Terms and Conditions. To view the Privacy Policy, please follow the link above.

8.2 The Website uses cookies. Cookies are small text files that are created by a web server and stored on Your computer when you visit a website. View Our Cookie Policy https://www.callupcontact.com/documents/cookie.php.

9. INDEMNITY

You agree to indemnify and hold CALLUPCONTACT and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against CALLUPCONTACT arising out of any breach by You of these Terms and Conditions or other liabilities arising out of Your use of this Website.

10. DISPUTES

10.1 If You have any dispute with Us, arising out of, relating to, or connected with the Services, You agree to contact Us at [email protected] or write to us at the registered address of Y1000 LTD and provide a brief, written description of the dispute and Your contact information (including Your username, if Your dispute relates to an account); and give CALLUPCONTACT 60  calendar days or a period of time agreed upon between You and CALLUPCONTACT within which to resolve the dispute.
10.2 Notwithstanding the above, if CALLUPCONTACT has reasonable grounds to believe that You have in any manner acted or failed to act in any manner that may cause harm to CALLUPCONTACT or any third party, CALLUPCONTACT may seek injunctive or any other appropriate relief in any court of competent jurisdiction, as set forth in clause 12. 

10.3. Furthermore, in no event will the terms of this section impair CALLUPCONTACT’s ability to investigate complaints or reported violations of the Terms and Conditions or to take any action CALLUPCONTACT deems necessary and appropriate to mitigate actions against CALLUPCONTACT, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

11. SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

12.  GOVERNING LAW AND VENUE

These Terms and Conditions shall be governed by and construed in accordance with the law of England  and you hereby submit to the exclusive jurisdiction of the  English courts.


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