1. ACCEPTANCE OF TERMS
Lazme provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can
review the most current version of the TOS at any time
at: http://www.Lazme.co.uk/anonymous-sms/terms_conditions.php.
In addition, when using particular Lazme services, you
and Lazme shall be subject to any posted guidelines or
rules applicable to such services that may be posted from
time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Lazme provides users with access to a collection of resources,
including, various communications tools and personalized
content through its network of properties (the "Service").
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the
release of new Lazme properties, shall be subject to the
TOS. Lazme currently provides users with the ability to
forward SMS messages through its system. You understand
that for the purposes of the TOS Lazme does not send an
SMS message, or cause an SMS message to be sent, merely
because Lazme provides a service that enables SMS messages
to be sent. You understand and agree that the Service
is provided "AS-IS" and that Lazme assumes no
responsibility for the timeliness, deletion, miss-delivery
or failure to store any user communications or personalisation
settings. You are responsible for obtaining access to
the Service and that access may involve third party fees
(such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees
associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for
all equipment necessary to access the Service. You will
be required to acknowledge you have read and understand
the TOS by registering your acknowledgment through the
Lazme website.
3. REGISTRATION
In consideration of your use of the Service, you agree
to provide true, accurate, current and complete information
about yourself as prompted by the Service's registration
system (such information being the "Registration
Data"). If you provide any information that is untrue,
inaccurate, not current or incomplete, or Lazme has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Lazme has the right to suspend
or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
If you are under the age of eighteen (18), Lazme requires
you to gain permission to register and use the service
from a parent or guardian. Should you be under eighteen
(18) and these TOS are wrongfully accepted without a parent
or guardians permission, it is taken that the TOS will
still apply as would ordinary transactions, freely chose,
in ordinary market conditions.
4. USER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This
means that you, and not Lazme, are entirely responsible
for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Lazme does
not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality
of such Content. Under no circumstances will Lazme be
liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result
of the use of any Content posted, transmitted or otherwise
made available via the Service.
4.1. What you cannot use the Service for
You must not use the Service, attempt to use the Service
or allow the Service to be used in any way:
4.1.1. Breach of law
(a) which results in you or Lazme breaching, or being
involved in a breach of a law, order or regulation (including
a foreign law, order or regulation), a mandatory code
of conduct; or a voluntary code of conduct that you have
agreed to comply with;
4.1.2. Damage to property or people
(b) which results, or could result, in damage to property
or injury to any person;
(c) to harass, menace or stalk people;
(d) to defame or slander any person, or infringe upon
any person's privacy rights;
4.1.3. Protection of minors
(e) which harms minors in anyway.
(f) which enables a minor to access material inappropriate
for a minor or to establish (or try to establish) contact
with a minor not otherwise known to you;
4.1.4. Discrimination
(g) which unlawfully incites discrimination, hate or violence
towards one person or group, for example because of their
race, religion, gender or nationality;
4.1.5. Obscene, defamatory, offensive, abusive
(h) to send, display or be otherwise involved in material
which is harassing, libelous, defamatory, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material
of any kind or nature;
(i) which is, or which would be considered by a reasonable
person to be, offensive or abusive;
4.1.6. Illegal business practices and gambling
(j) to engage in any misleading or deceptive business
or marketing practice;
(k) that involves providing or promoting illegal pyramid
selling schemes or unlawful gambling or gaming activities;
(l) that you do not have a right to make available under
any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(m) that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
(n) that intentionally or unintentionally violates any
applicable local, state, federal or international law,
including, but not limited to, regulations promulgated
by the UK Government;
4.1.7. The rights of others
(o) which infringes Lazme or any other person's rights
(including intellectual property rights and moral rights);
(p) "stalk" or otherwise harass any person.
(q) which constitutes a misuse of Lazme's or any other
person's confidential information; or
(r) which results in a breach by you of any obligation
that you owe to any person.
4.2. What you cannot use the service to do
You are not authorised to access Lazme's computer systems
or networks or facilities for any purpose other than to
use the Service in accordance with these TOS.
You must not:
4.1.8. Interfering with services and systems
(a) interfere with the proper operation of the Service
or any other part of Lazme systems;
4.1.9. Newsgroups, forums and chatrooms
(b) use the Service to contribute to, or participate in,
a Newsgroup, forum or chat room in a way that has an adverse
effect on the proper operation of those Newsgroups, forums
and chat rooms.
You must not use the Service, attempt to use the Service
or allow the Service to be used:
4.1.10. Commercial Messages
(a) to send, or cause to be sent a commercial electronic
message without prior opt-in.
(b) to send, or cause to be sent a designated commercial
electronic message without prior opt-in.
(c) to engage in eMarketing activity without prior opt-in.
4.1.11. Virus, denial of service attacks
(d) in connection with any program (including a virus,
Trojan horse, worm, cancelbot, time bomb), or activity
(including a Denial of Service attack), that is designed
to provide or allow any form of unauthorized control of,
or result in an adverse effect on, a computer, a network
or data (whether the computer, network or data is Lazme's
or anyone else's);
4.1.12. Open relay and port probing
(e) to access or use Lazme's or anyone else's systems,
networks or data (including through open relay, port probing
and the use of packet sniffers) without consent, regardless
of whether or not such access or use has any adverse effect
on the system, network or data;
4.1.13. Impersonating
(f) to impersonate any person or entity, including, but
not limited to, a Lazme official, forum leader, guide
or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
(g) to create or alter in any way and by any means, the
contents of an electronic message for the purpose of making
the message appear to come from someone other than you,
Lazme, or the relevant electronic account-holder; or
(h) to create the contents of an electronic message making
the message appear to come from someone other than you,
where you are not a user authorized to send that message
on behalf of the relevant electronic account-holder.
5. Lazme CONDUCT
You acknowledge that Lazme and its designees:
(a) are not required to, but may, screen and filter Content
in order to monitor compliance with the TOS.
(b) shall have the right (but not the obligation) in their
sole discretion to refuse any Content that is available
via the Service.
(c) without limiting the foregoing, shall have the right
to remove any Content that violates the TOS or is otherwise
objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely
on any Content created by Lazme or submitted to Lazme.
You acknowledge and agree that Lazme may preserve Content
and may also disclose Content if required to do so by
law or in the good faith belief that such preservation
or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights
of third-parties; or
(d) protect the rights, property, or personal safety of
Lazme, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements
of connecting networks or devices.
6. CONTENT SUBMITTED
Lazme does not claim ownership of Content you submit or
make available for inclusion on the Service. However,
with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service,
you grant Lazme the following world-wide, royalty free
and non-exclusive license(s), as applicable: "Publicly
accessible" areas of the Service are those areas
of the Lazme that are intended by Lazme to be available
to the general public. By way of example, publicly accessible
areas of the Service would include the Lazme Feedback.
However, publicly accessible areas of the Service would
not include portions of Lazme that are limited to members.
7. INDEMNITY
You agree to indemnify and hold Lazme, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable legal fees, made by any third party due to
or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service,
your connection to the Service, your violation of the
TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of
the Service, use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Lazme may establish general practices
and limits concerning use of the Service, including without
limitation the maximum size of any message that may be
sent from or received by an account on the Service, and
the maximum number of times (and the maximum duration
for which) you may access the Service in a given period
of time. You agree that Lazme has no responsibility or
liability for the deletion or failure to store any messages
and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Lazme
reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge
that Lazme reserves the right to change these general
practices and limits at any time, in its sole discretion,
with or without notice.
10. MODIFICATIONS TO SERVICE
Lazme reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that Lazme shall not be liable to you or to
any third party for any modification, suspension or discontinuance
of the Service. This includes assigned mobile telephone
numbers and keywords.
11. TERMINATION
You agree that Lazme, in its sole discretion, may terminate
your use of the Service, and remove and discard any Content
within the Service, for any reason, including, without
limitation, for lack of use or if Lazme believes that
you have violated or acted inconsistently within the letter
or spirit of the TOS. Lazme may also in its sole discretion
and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that
any termination of your access to the Service under any
provision of this TOS may be effected without prior notice.
Further, you agree that Lazme shall not be liable to you
or any third-party for any termination of your access
to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties
or representations associated with such dealings, are
solely between you and such advertiser. You agree that
Lazme shall not be responsible or 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
on the Service.
13. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
Lazme has no control over such sites and resources, you
acknowledge and agree that Lazme is not responsible for
the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials
on or available from such sites or resources. You further
acknowledge and agree that Lazme shall 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 or through any such site or resource.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Lazme EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Lazme MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE TELEPHONE
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Lazme OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Lazme SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Lazme HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM:
(a) THE USE OR THE INABILITY TO USE THE SERVICE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR
(e) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY
NOT APPLY TO YOU.
17. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service, receive or
request any news, messages, alerts or other information
from the Service concerning companies, stock quotes, investments
or securities, please read the above Sections 14 and 15
again. They go doubly for you. In addition, for this type
of information particularly, the phrase "Let the
investor beware" is apt. The Service is provided
for informational purposes only, and no Content included
in the Service is intended for trading or investing purposes.
Lazme and its licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall
not be responsible or liable for any trading or investment
decisions made based on such information.
18. NOTICE
Notices to you may be made via either email or regular
SMS. The Service may also provide notices of changes to
the TOS or other matters by displaying notices or links
to notices to you generally on the Service.
19. TRADEMARK INFORMATION
Lazme, the Lazme logo, and other Lazme logos and product
and service names are trademarks of Lazme (the "Lazme
Marks"). Without Lazme's prior permission, you agree
not to display or use in any manner, the Lazme Marks.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
Lazme and govern your use of the Service, superceding
any prior agreements between you and Lazme. You also may
be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship
between you and Lazme shall be governed by the laws of
the UK without regard to its conflict of law provisions.
You and Lazme agree to submit to the personal and exclusive
jurisdiction of the courts located within the UK. The
failure of Lazme to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of
any regulation or law to the contrary, any claim or cause
of action arising out of or related to use of the Service
or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The
section titles in the TOS are for convenience only and
have no legal or contractual effect.
If any provision of this Agreement is held to be illegal,
invalid or unenforceable, whether in whole or in part,
the enforceability of the remainder of this Agreement
shall not be affected.
Any waiver, concession or extra time Lazme may allow You
are limited to the specific circumstances in which it
was given. It does not affect Lazme's rights under this
Agreement in any other way.
This Agreement shall constitute the complete and exclusive
agreement between You and Lazme in relation to the Service.
While Lazme reserves the right to modify this Agreement
at any time, the terms and conditions contained in this
Agreement may not be modified by You unless both You and
an authorised representative of Lazme execute a separate
written agreement.
Any disputes arising as a consequence of this agreement
shall be determined in accordance with the English law
and the non-exclusive jurisdiction of the English Court.
The ability to receive text messages to Your mobile phone
is dependent on individual mobile operator agreements
and subscriptions.
21. VIOLATIONS
If you believe any Materials are placed on or are transmitted
via the Service are in violation of the TOS or any party's
rights, you may notify Lazme by providing the requested
information noted in (a) - (d) below. Lazme shall only
use such information in accordance with its Privacy Policy
and as reasonably necessary to investigate any claims
in relation to the allegedly infringing Material:
(a) Complainant's full name and, if applicable, name of
complainant's business entity;
(b) Complainant's mailing address, daytime telephone number,
facsimile number and email address;
(c) Description or identification of the allegedly infringing
Material;
(d) Basis for asserting ownership of or exclusive license
to Material;
22. Lazme PRIVACY POLICY
Lazme knows that you care how information about you is
used and shared and we appreciate your trust in us to
do that carefully. This section describes our privacy
policy.
Controllers of Personal Information
Any personal information
provided to lazme.co.uk/Lazme.com is controlled primarily
by Lazme.
1.1) Personal Data is any data that identifies You or
Your account. The Personal Data which You supply to Us
You agree will be true, complete and accurate in all respects
and You agree to notify Us immediately of any changes
to that information within Lazme. We deal with Your Personal
Data as we may deem safe. Please note this applies only
to the Lazme not to other companies’ or organisations’
websites to which We link.
1.2) Personal Data will be collected, processed and used
by Lazme for the purposes of providing services to You
and the other purposes mentioned below.
1.3) We only send email and text messages to You about
new products and services
1.4) We may collect Personal Data about Your usage of
the services on www.lazme.com or affiliates in order to
provide a service to meet Your needs. However the data
will only be disclosed on an anonymous and aggregated
basis not in a way in which You will be identified.
1.5) We may hold Personal Data relating to the transactions
You enter into with Us. We will disclose Personal Data
to a party to the transaction, but only to assist your
transaction. We may use Personal Data to let You know
about products and services that may be of particular
interest to You.
1.6). We may also need to provide certain Personal Data
to the regulatory body currently ICSTIS regulating premium
line services for the purpose of their assessing our compliance
with relevant permissions and guidelines.
1.7) You agree that for the purposes of providing Lazme
services to You it may be necessary for Your Personal
Data to be passed by Us or other organisations involved
in providing Internet related companies outside the European
Union and you agree that you have no objections to the
same.
1.8) If You have any questions about the handling or protection
of Your Personal Data or Your rights under this Online
Agreement please contact us.
1.9) Lazme may disclose Your Personal Data acting in good
faith if it believes such action is necessary: to conform
with a legal requirement or comply with the legal process,
protect and defend the rights or property of Lazme, enforce
this Online Agreement, act to protect the interests of
its online account holders or others.
1.10 Cookies
1.10.1) Some websites store information in a small text
file called a "cookie," on Your hard disk. Cookies
contain information about You and Your preferences. For
example, it might contain a record of which pages within
the site You visited, to help the site customise the view
for You the next time You visit.
1.10.2) Only the information that You provide, or the
choices You make while visiting a website, can be stored
in a cookie. For example, the site cannot determine Your
email name unless You choose to type it. Allowing a website
to create a cookie does not give that or any other site
access to the rest of Your computer, and only the site
that created the cookie can read it.
1.10.3) Lazme will only use the cookies created to personalise
and secure Your experience. What this means is that when
You use the site Lazme will be able to keep certain settings
for you for when You return. It also means that You do
not need to pass security details on every screen as We
store them for You during the time You spend browsing
our site.
It is Your responsibility to read and accept the Terms
& Conditions which are associated with this Privacy
Policy.
Notices
General notices regarding the Service are posted on www.lazme.co.uk
or www.lazme.com or the Lazme partner websites or Your
mobile operator’s web or WAP site if they are offering
the Lazme Services (as applicable).
Inquiries from You may be sent through the Contact Us
area of the Web site.
Events outside of Lazme's control
We shall not be liable for any delay in performing or
failure to perform any obligation hereunder by circumstances
beyond our reasonable control including (without limitation)
any technical problems beyond the control of Lazme such
as (for example) defects, congestion or failures of capacity
or otherwise in the public data or telephone or mobile
telephone network or caused by atmospheric interference,
Your mobile being turned off for an extended period of
time so that messages are not retained, or Your being
unable to obtain mobile network coverage.
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