Cream

Within these Terms and Conditions the words You/Your shall mean ‘you’ the user and the words “We/Us” shall mean Cream, and any associated company or subsidiary ” Services means the services means the content, email newsletters SMS and other services provided by Us or on our behalf.

Your Personal Information

1.1 We respect Your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.

1.2 You should be aware that:
1.2.1 If We requested by the police or any regulatory or government authority investigating suspected illegal activities to provide Your User information and/or information concerning Your activities whilst using the Services We shall do so. Similarly, We will disclose Your User Information and or details of Your Use of the services if we are compelled to do so by law.
1.2.2 In relation to the personal information provided by You, You agree that Cream ay pass Your User information of details of Your use of Cream and the services to other businesses for analysis and/or to enable them to contact You about products or Services or information which may be of interest to You. Such use will be in accordance with our Privacy policy.
1.2.3 We may deposit Cookies on Creams that may be accessed by You and those Cookies may provide us with information regarding Your us of the Internet and any other personal information provided by You on those Websites.
1.2.4 We reserve the right in Our reasonable discretion to disclose details of Your Use of the Services to a person who makes a complaint or allegation in connection with Your use of anyone under control of the services whether in connection with the matters set out in clause 6 of these terms and connection or otherwise. We reserve the right to disclose Your contact details and details of Your use of the services in such circumstances whether or not We are named as a party or a witness in any threatened or pending legal proceedings.
1.2.5 You must complete the registration process by providing Us with true, accurate and current information as prompted by the registration form. You must choose a password You are then responsible for maintaining the confidentiality of the password and account.
1.2.6 Cream and any associated companies have the right to suspend or terminate Your account and refuse any and all current of future use of the service.
1.2.7 Registered users have the right to unsubscribe from Cream services as detailed in clause 7.4 in the privacy policy.

Disclaimer of Warranties

2.1 Cream and the Services are provided on an “as is” and available basis and We make no warranties or representations, whether express or implied to, implied warranties or conditions of completeness, accuracy or currency.

2.2 To the extent permitted by law we make no warranty that Cream or the services will meet Your requirements or will be uninterrupted, timely secure or error free.

2.3 To the extent permitted by law we make no warranty as to results or the accuracy of any information obtained through Cream or the services

2.4 To the extent permitted by law We make no warranty regarding any goods or services purchased or obtained through Cream or any transactions entered into through Cream

Limitation of Liability

3.1 Nothing in the terms and conditions shall exclude or limit liability for death or personal injury resulting from Our negligence or that of our servants, agents or employees or any other liability which is prohibited from being excluded by law.

3.2 You acknowledge that we have no control over the information which can be accessed by using Cream and the services and that we do not know or examine the use to which You or other Users put the services or the nature of the information You or other users are sending or uploading. Subject to clause 3.1 of these terms and conditions. We therefore exclude all liability of any kind for the transmission or reception of such information of whatever nature by or to you.

3.3 Subject to clause 3.1 of terms and conditions
3.3.1 We exclude all liability of any kind for the information or any other material published or otherwise made available by You or any other User or person on any website You establish using the services; and
3.3.2 We shall not be liable in contract, tort, negligence or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your use of Cream or the services or accessing other websites form Cream including, without limitation damage for loss of business loss of profits business interruption, loss of business information, or any other pecuniary loss (even where We have been notified by You of the possibility of such loss or damage).

Registration

4.1 You warrant that:
4.1.1 The user information which You are required to provide when you register as a user of Cream is true, accurate current and complete in all respects; and
4.1.2 You agree to notify Us immediately of any changes to the user Information by emailing feedback@cream.co.uk
4.2 You agree not impersonate any other person or entity or to use a false name or a name that You are not authorised to use.

4.3 Subject to clause 14 of these terms and conditions, we reserve the right to terminate Your account (including user name and password) and to re-use any email or other communication address issued to You by Cream

Your Obligations

5.1 You:
5.1.1 are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access and the use the services.
5.1.2 accept responsibility for any content You transfer through Cream and/or the services (including but not limited to email web pages newsgroups or chat services.
5.1.3 agree to use Cream and/or the services only in accordance with all relevant laws and not for any illegal purpose:
5.1.4 agree not to use Cream and/or the services to distribute by any means computer viruses macro viruses Trojan horses or worms t o third parties
5.1.5 agree not to use Cream and/or the services to transmit or post any material which is defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety;
5.1.6 agree not to use Cream and/or the services such that you causer the whole or part of Cream the services to be interrupted, damaged rendered less efficient or to in any way impair effectiveness or functionality of Cream or the services
5.1.7 agree not to use Cream and/or the services in any manner which constitutes a violation or infringement of any person firm or company or its rights (including but not limited to third party intellectual property rights or confidentiality)
5.1.8 Agree not to use Cream or the services to attempt any unauthorised access to any part or component of Cream or the services or that of any third party.
5.1.9 Agree that in the event that You have any right claim or action against any user arising out the of the use of Cream and or the services, then You will pursue such right claim action independently of and without recourse to Us
5.1.10 You agree not to carry out or participate in or promote or facilitate the carrying out or participation in any of the following:
a. sending unsolicited junk-mail or bulk email for commercial or non commercial purposes
b. sending chain letters or pyramid-selling schemes
c. sending mail bombs (i.e. sending either many emails or very large emails to Users with the intention of annoying the recipient or to cause the systems of an internet service provider to fail on recipient of such emails)
d. altering or damaging Cream or our systems or those of related parties or blocking their access to the Internet.
e. Forging or blocking headers and/or addresses or any other action the purpose of which is to hide Your true identity or discredit a third party.
f. Subscribing third parties to subscription based or email lists unless You have express permission to do so
g. Posting binaries (i.e. data such as images sound chips etc) to newsgroups except those specifically created for binary postings and
h. The collection of user/third party emails for the purposes of third party supply, database collation or direct marketing

5.2 The services are intended to appeal to a wide range of audience and as such not all of the services are suitable for use by children. Parents and guardians are reminded of the importance of supervising young children’s use of the services. Parents or guardians of children shall be responsible for the actions of any such children.

6.0 Indemnity
You agree to indemnity Us. Or any company within Cream and their directors and employees. immediately on demand, against all claims, liability, damages, costs and expenses including legal fees arising out of any breach of these terms and conditions by you or any other person who may be authorised by you or for whom you may be responsible or any other liabilities arising out of your use or the use by any person who may be authorised by you of for whom you are responsible of Cream and /or the services.

7.0 Our Rights
7.1 We reserve the right to:
7.1.1 Deny access to all or any part of Cream and/or the services if the telephone calling line identification is blocked from the telephone line which you use to access Cream
7.1.2 Close access to any features of the services if your use of that feature is deemed excessive and against the interests of other users of Cream and or the services
7.1.3 Modify or discontinue, temporarily or permanently. Cream and/or the services with or without notice to You:
7.1.4 Suspend or deny access to all or any part of any email or other communication address issued to You by notice if we believe or receive a complaint related to the content or the use thereof.
7.2 You confirm that we shall not be liable to you or any third party for any modification to or discontinuance of cream or the services

7.3 We may change these terms and conditions from time to time. We will endeavour to notify you of any changes either by email or in a notice on Cream Your continued use of Cream and/or any of the services thereafter will constitute acceptance of these changes. We reserve the right to terminate immediately without further notice Your access to and use of Cream and /or the service if you don’t except any such changes.

8.0 Dealings With Advertisers
Your correspondence with or participation in promotions of advertisers or merchants found on or via Cream including payment for and delivery of related goods, services and any other terms, conditions warranties or representations associated with such dealings are solely between you and such advertiser or merchant. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or merchant on Cream

9.0 Security
You will be required to select a username and password during the registration process. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities, which occur under them during your use of them. Other users of your username and password shall be bound by these terms and conditions as if they were You. You agree to notify us immediately of any unauthorised use of your username or password or any other breach of security of which You become aware.

10.0 Competitions

10.1 anyone working for Cream or any family members or associates are prohibited from entering any competitions.

10.2 No cash alternatives is available to any prize

10.3 The closing date for any competition is as stated on the entry form. The judges cannot accept responsibility for late entries.

10.4 Entrants expressly declare they do understand these terms and conditions and are duly authorised by their legal representative (if any) to participate in the competition. Anticipants expressly declare and represent that (i) they are submitted either to English or to Irish laws in participating in this competition and (ii) they are individuals and not a company or any professional and/or commercial entry.

10.5 The editor’s decision will be final. Cream will not enter into correspondence.

10.6 All entrants’ information is private; see Cream’s Privacy Policy for details.

10.7 Entrants acknowledge that the winning entries may be released, displayed to the public by Cream or any company connected with the promotion. This will be in the form of the winners name and city of origin.

10.8 Entrants agree that Cream is the owner of the entire copyright, whether now existing or however arising in the future, including all the rights throughout the universe to promote, reproduce for commercial us or otherwise, edit advertise and publicise, produce record and reproduce by any art medium or method whether now known or later developed (‘exploitation rights) to be exercised in Cream’s sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including for the avoidance of doubt the right to register any design rights and/or trademarks

10.9 Without limitation to the above and in consideration of the prize offered to winners by Cream to the entrant, who hereby assign to cream all authors rights, the entire copyright, whether now existing or howsoever arising throughout the world for the full term of copyright and/or duration of any of the rights.

10.10 For avoidance of doubt, entrants acknowledge that Cream shall have the Exploitation Rights to exploit the entry in any manner whatsoever, in the exercise of it’s sole discretion throughout the world including for the avoidance of doubt the right to register ant design rights and/or trademarks

10.11 Further, the entrant irrevocably and unconditionally waives all moral rights to which he/she may now or at any time in the future be entitled pursuant to the copyright. Designs and Patents act of 1988 and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein’

10.12 Competitions are open to residents of the Uk and Eire only and all entries must be made in English.

10.13 Promoter: Cream 1st Floor 12 Great Portland St. London W1W QN

11.0 We may provide – or you may include in email – links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites of resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content goods or services available on such external websites or resources.

12.0 Back-Up of Content
You shall be responsible for keeping Your own copies of all content published by You in connection with Cream and/or the services. We will not be responsible for any file recovery or for files lost or otherwise deleted or removed by you.

13.0 Intellectual Property and The Right To Use
You acknowledge that all copyright trademarks and all other intellectual property rights in any material supplied, as part of the services shall remain vested in US or Our licensors. You acknowledge that you are permitted to use this material only as expressly authorised by us or our licensors and may not copy, reproduce transit distribute or create derivative works of such material without prior express authorisation.

13.1.1 The material and content contained within Cream and the services is for Your personal use only and You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit distribute or create derivative works of such material and content. If You become aware of any such distribution or commercial exploitation. You will let us know immediately.

14.0 Termination
14.1 You agree that we may terminate Your account and delete or re-use any email or other communication address issued to You by Cream and delete all emails. Web space and other data stored on Cream or the services by You or on your behalf:

14.2 We believe that You have breached these terms and conditions or acted inconsistently with the spirit of them:

14.3 You fail to use Cream or any part of the services at least once during a 90 day period.

14.4 You acknowledge that we do not have to give You prior notice of any such termination.

15.0 Any notice, which We are required to give you regarding Cream or the services shall be made via either email or regular mail, to the address, provided by You in Your user information or the last update thereof provided by You. We shall not be liable for any failure to deliver any notice to You where it has complied with this clause.

16.0 Severability
Each person of these terms and conditions shall be constructed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

17.0 No Waiver
No Waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

18.0 Entire Agreement
These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by Us on notice to You in accordance with clause 15 of these terms and conditions.

19.0 No Partnership
Nothing in this agreement shall be construed as creating any agency, partnership or any between us

20.0 Choice of Law
English law shall govern these terms and conditions and You hereby irrevocably submit to the exclusive jurisdiction of the English courts.