terms and conditions of use of the foom.com website

Introduction

Welcome to foom.com, the website for flirting and meeting people where you hang out. This service brings together people who hang out in the same places.

In these terms and conditions of use, "we" and "us" mean foom.com Limited (company number 6406730) whose registered office is Moneysupermarket House, St David’s Park, Ewloe, Chester, CH5 3UZ.

Acceptance

By accessing or using our website ("Website"), you signify that you have read, understood and agree to be bound by these terms and conditions of use ("Terms of Use").

We reserve the right, at our sole discretion, to amend, modify, add, or delete sections of these Terms of Use at any time without further notice. Your continued use of the Website or the services we provide ("Services") after such changes signifies your acceptance of such modifications and amendments. It is your responsibility to regularly check the Website to determine if there have been any changes to the Terms of Use and to review those changes.

If you do not agree to these Terms of Use, you should not use or access the Services and/or the Website.

Eligibility and Registration

This Website is intended solely for persons who are sixteen (16) years of age or older. Any use or access of the Website and/or the Services by anyone under the age of sixteen (16) is strictly prohibited. By using and accessing this Website and/or the Services, you represent and warrant that you are sixteen (16) years of age or older and that you agree to abide by these Terms of Use.

You must provide true, accurate and complete registration information to use the Services and/or the Website. As part of this registration process, you will be asked to select a username (your "foomie" name) and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username at our sole discretion. If someone else has gained access to your username and password, you must inform us immediately. You are not permitted to have more than one username and password at any one time.

Our Content

We and our subsidiaries, parents, affiliates and licensors own and retain all rights in the Website and/or the Services which contain proprietary and/or confidential information that is protected by applicable intellectual property and other laws including copyright, trademarks, website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software. Except as expressly authorised by us, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary and/or confidential information. You do not acquire ownership rights to any content, information, document or other materials viewed by you through the Website and/or the Services.

All rights in foom.com are owned by foom.com Limited.

Conduct and User Content

You represent, warrant and agree that no materials of any kind submitted or otherwise posted, transmitted or shared by you on or through the Website and/or the Services will violate or infringe the rights of any third party.

You agree not to use the Website and/or the Services to:

Harvest or collect email addresses or other contact information of others for the purposes of sending unsolicited emails or other unsolicited communications except as expressly permitted by the Terms of Use.
Use the Services and/or the Website in any unlawful manner.
Upload, post, transmit, share, submit, store or otherwise make available any material or content or do anything that promotes or encourages illegal activity or is unlawful, harmful, threatening, defamatory, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, fraudulent, hateful or racially, ethnically, sexually or otherwise objectionable or which violate the rights (such as rights of privacy) of others.
Impersonate any other person or third party or falsely state or otherwise misrepresent yourself or your age or create a false identity on the Website.
Upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party including addresses, phone numbers and email addresses.
Upload, post, transmit, share, submit, store or otherwise make available any material or content that contains in any form software viruses or such other programs including but not limited to Trojan horses, worms, time bombs, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.
Disseminate any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or other proprietary right of any third party or infringes any intellectual property law.
Disseminate any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of such solicitation.
Solicit personal information from, create personal profiles for or seek to contact anyone under the age of sixteen (16).
Modify, adapt, translate or reverse engineer any portion of the Service or use any robot, spider, site search/retrieval application or other device to retrieve or index any part of the Service.

You agree that you are solely responsible for your conduct and for any information, documents, messages, profiles and other content (including but not limited to photos, video clips, music, songs, public or private messages or texts) you upload, post, publish, transmit, submit, share, store or otherwise make available or display on or through the Services and/or the Website ("User Content").

You agree that we may, but have no obligation to, review the Website and may delete, edit or remove (without notice) any User Content in our sole discretion for any reason, including User Content that in our sole opinion breaches these Terms of Use or which might be offensive, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of users or others or is otherwise objectionable as determined solely by us.

We advise you to think very carefully before posting personally identifiable information about you or other people on the Website. Publicly viewable pages (such as profile pages) on the Website must not contain the following information: street addresses, telephone numbers, email addresses, instant messenger addresses or any other information that would enable other users of the Website or any other person to contact you or other people independently of the Website and/or the Services.

By posting User Content to the Website, you automatically grant us an irrevocable, perpetual, non-exclusive, transferable, royalty free, world wide licence to use, modify, copy, publicly display, excerpt, reproduce, distribute and otherwise use such User Content for any purpose, commercial, advertising or otherwise, on or in connection with the Website. You represent and warrant that you own the User Content or otherwise have the right to grant the licence set out in this section and that the User Content will not violate any privacy or intellectual property rights of any third party.

You agree to comply with all laws applicable to you in connection with your use of the Services and/or the Website.

You may not post, modify, distribute or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

You agree to indemnify, defend and hold us, our subsidiaries, parents and affiliates, and each of their directors, employees, agents and subcontractors harmless from and against any liability, damage, loss, claim, demand or expense (including reasonable legal fees) arising out of or in connection with your breach of these Terms of Use or your use of the Website and/or the Services or any User Content provided by you or of any law or the rights of any third party.

If you suspect someone is using a false identity or you wish to report inappropriate or suspicious behaviour or you wish to have information about you removed from the Website, please contact us at abuse@foom.com.

Third Party Websites and Content

The Website contains links to other websites ("Third Party Websites") together with information, content or items (including but not limited to videos, photographs, text, music, applications or software) belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites or Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through our Website or Third Party Content posted on or available through the Website, including the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Website or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or Third Party Content does not imply approval or endorsement by us. If you decide to leave the Website and access the Third Party Websites or the Third Party Content, you do so at your own risk.

Privacy

We take your privacy very seriously and the collection and use of personal information is governed by our Privacy Policy. Click here to review our Privacy Policy.

Limitations of Liability

We are not responsible or liable in any manner for any User Content or Third Party Content on the Website or in connection with the Services. We do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content on the Website or in connection with any User Content or Third Party Content. We are not responsible for the conduct or interaction, whether online or offline, of any users of the Website and/or the Services. In no circumstances do we have any obligation to check the accuracy, completeness or truthfulness of any User Content nor to monitor any use of the Services and/or the Website.

The Website and/or the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user communications.

The Website and/or the Services are provided "as is" and we disclaim and exclude any and all conditions, representations and warranties, whether express or implied, to the maximum extent permitted by applicable law.

We do not represent or warrant that software, content or materials on the Website and/or the Services are accurate, complete, reliable, current or error free or that the Website and/or the Services are free of viruses or anything else which may have a harmful effect on any technology.

You agree that you download or otherwise obtain content or material from or through the Website and/or the Services and otherwise use the Services and/or the Website at your own discretion and at your own risk and that you will be solely responsible for your use thereof.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury caused by our negligence or for our fraud or any other liability that cannot be limited or excluded by applicable law. Subject to the liability we accept in the sentence above, (a) our total aggregate liability to you arising out of or in connection with these Terms of Use or your use of the Website and/or the Services whether in contract, tort (including negligence), for breach of statutory duty, for breach of warranty or otherwise shall not exceed £100; and (b) we shall not be liable in contract, tort (including negligence), for breach of statutory duty, for breach of warranty or otherwise howsoever arising out of or in connection with these Terms of Use or your use of the Website and/or the Services for any indirect loss, consequential loss, special loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.

Termination

We may suspend, restrict or terminate your use of the Website and/or the Services, delete your profile and any content or information that you have posted or made available on the Website and/or prohibit you from using or accessing the Services and/or the Website for any reason at our sole discretion, with or without notice, including if we believe you are under the age of sixteen (16) or you breach these Terms of Use. Once we terminate your use of the Website and/or the Services, you will have no right to use the Services and/or the Website. You agree that we shall not be liable to you or any third party for any termination, suspension or restriction of your use of the Website and/or the Services.

Our proprietary rights and all disclaimers, indemnities and exclusions (including the section of these Terms of Use entitled "Limitations of Liability") shall survive termination of these Terms of Use.

General

This Website and/or the Services are directed solely at those who access the Website from the United Kingdom. We make no representation that the Service or the Website is available or otherwise suitable for use outside of the United Kingdom.

The Website is for your non-commercial, personal use only and must not be used for business or commercial purposes. You may not use the Website and/or the Services for any illegal or unauthorised purpose.

These Terms of Use constitute the entire agreement between you and us regarding the use of the Website and/or the Services and supersede any prior agreements between you and us relating to your use of the Website and/or the Services.

If any paragraph of these Terms of Use is held to be unlawful, invalid or unenforceable, that paragraph shall be deemed severed and the validity and enforceability of the remaining paragraphs of these Terms of Use shall not be affected.

If we fail to enforce any right under these Terms of Use, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion. A waiver of a right shall not be effective unless signed in writing by the party giving the waiver.

You may not assign or transfer any of your rights under these Terms of Use without our prior written consent.

Without limiting the foregoing, we shall not be liable for any delay or failure in performance resulting directly or indirectly from anything beyond our reasonable control including internet failures, telecommunication and equipment failures, electrical power failures and acts of god.

Except for the terms that may be enforced by any subsidiary, parent or affiliate of foom.com Limited, no term of these Terms of Use is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise by any person not a party to it.

Governing Law

These Terms of Use are governed by and shall be construed in accordance with English Law. Each party submits to the exclusive jurisdiction of the English Courts in connection with these Terms of Use or the Website or the Services.