3H Group Pty Ltd’s Terms of Service
This agreement describes the terms and conditions that govern your use of our service (“Service”) at www.meegos.com (“Site”).
You must read, agree with and accept all of the terms and conditions contained in these TOS and the Privacy Policy, which you will find at the Site.
You must agree to be bound by the Privacy Policy and the terms and conditions expressly set out below, including those incorporated by reference, before you use our Service. You should note that these TOS 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 the Site. By requesting that an email be sent to you and choosing the [“continue” button] or by completing the registration process and choosing the “submit” button, or by otherwise accessing and utilising the Service and Site, you agree to be legally bound by the terms of this agreement. If you do not accept these TOS, you may cancel your request for an email or you may cancel your registration for membership by exiting from the Meegos email/creation/registration template. In addition, when using the Service or any other of our services, you 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 these TOS.
DESCRIPTION OF SERVICE
The Service allows you to create and/or purchase content on the Meegos Site which can be downloaded to your computer for use in Windows Live Messenger, or be downloaded directly into your Windows Live Messenger. In the future the characters will also be available to download to your phone from the website using MMS technologies. It allows you to maintain a reasonable level of privacy while actively participating in an image-orientated service. Some of the characters are available for you to build on the website using flash player, this makes the images downloadable for all messenger client windows and MMS compatible phones. Once the images have been emailed to you or downloaded by you, either to your computer, directly into Windows Live Messenger or to your mobile phone (if applicable), you are licensed to use them subject to these TOS. You can use them as a Messenger display title and background, in relation to personalised merchandise or in mobile communities (only if you have the technology). You may also use them for other purposes which may be devised by us in the future. You must not on sell or make available these images for others to use via a website or email system. If you elect to register as a member, you will have 90 days from the date of purchase of a “Meegos” download credit in which to effect the download. Credits are not refundable and, after 90 days from the date of purchase, you will lose the credit. For a limited period of time and at our discretion, after you have successfully downloaded an image within the 90 day period, you will, for a limited amount of time as an additional free service provided by us, be allocated a storage area on our server where you can see at least the last three images that you have downloaded. The storage facility may only be available for Meegos Avatars and Meegos Winks that have previously been purchased.
ACCESS TO THE SERVICE
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. We take no responsibility for users who have not entered correct information regarding their MMS service on their mobile phone, nor can we be responsible for checking with mobile networks to ensure that the MMS service is open. Delivery of an item purchased pursuant to these TOS will be made directly to your mobile phone in accordance with the details you provide. Delivery can only take place if your mobile phone is set to receive text messages and the item you order is capable of being received on your mobile phone. Items can only be sent if your mobile phone is on a compatible mobile phone network.
TERMS AND CONDITIONS
- Age Requirements
The Service is intended for individuals who are aged 14 years and over. However, by law, we cannot enter into a binding legal agreement with anybody under the age of 18. If you are under 14 years of age, our Service is not available to you. If you are under 18, but you are 14 or over, you may register to use the Service only with the authority of your parent or guardian. We reserve the right to request confirmation of your age and confirmation that you have any necessary parental authority. If it comes to our attention that a user of the Service is under the age of 14 or under the age of 18 and has no parental authority, we reserve the right to immediately suspend their account. You may not transfer or sell your account with us to anybody else. - Prices
Our prices and methods of payment are set out at www.meegos.com and are incorporated into this Agreement by reference. We may change our prices from time to time. Any such changes are effective after we provide you with at least fourteen (14) days’ notice of the changes by posting the changes on our Site. We reserve the right, in our sole discretion, to change a part or all of the Service at any time. In the event we introduce a new service, the fees for that new service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in local currencies. You are responsible for paying all fees associated with using the Service and our Site and all applicable taxes (including any goods and services or value added taxes), which will be added to amounts billed to you. - Our Obligations
We agree to use reasonable endeavours to ensure that the Service is available at all times and that any content or information on the Site is true, accurate and error free. However, we do not guarantee this and provide no warranties in this regard, unless specifically stated in these TOS. - Your Conduct
You agree that you will not use the Service to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening or abusive to others. You agree that you will not impersonate anybody else or attempt to gain unauthorized access to the Service by means of password mining or by any other means. You agree that you will not interfere with anybody else’s use and enjoyment of the Service. You agree that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service. You will not use the Service or the Site as a forum for sending unsolicited (‘spam’) e-mail and you acknowledge that we reserve the right to terminate without notice the account of any user who uses the Service to transmit spam email. - Personal Information
We will treat all personal information you provide to us for the purpose of registering for the Service strictly in accordance with our Privacy Policy. You must agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update any personal information provided to us. If you provide any information that is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account. - Email Address Collection
You will only receive emails from 3H Group Pty Ltd (Meegos) in the form of product newsletters and service announcements. Your email address will not be shown or given to any third-party advertisers or organizations. Our service announcements are a mandatory opt-in as part of your membership to meegos.com - Legal Compliance and Responsibility
You agree to abide by all applicable local, state, national and international laws and regulations. You agree that you are solely responsible for all acts or omissions that occur through your use of the Service, including any activities that take place under your account by anybody you have authorised to use your password. You must also ensure that you comply with all clauses of this Agreement and the Privacy Policy, and all other terms and policies incorporated by reference in those documents. In recognition of the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. - General practices Regarding Use
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that images or other uploaded content will be retained by the Service, the maximum disk space that will be allotted on our servers on your behalf, 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 we shall have no responsibility or liability for the deletion or failure to store any images, messages and other communications or other content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. - Modifications to service
We reserve 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 we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. - Dealings with advertisers
You acknowledge that 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 we 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 Site. - Links
You acknowledge that the Service may provide, or third parties may provide, links to other World Wide Web sites or resources and that we have no control over such sites and resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products offered, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 your use of or reliance on any such content, goods or services available on or through any such site or resource. All links to other sites are made entirely at your own risk. We accept no responsibility for viruses, worms, trojan horses or any other items of a destructive nature, which you may encounter when using the Service. - Intellectual property rights
The content and material (“Content”) on the Site and all underlying software (“Software”) is owned or licensed by 3H Group Pty Ltd and is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Some of the Content is contained in sponsor advertisements or information presented to you through the Service by advertisers, and except as expressly authorised by 3H Group Pty Ltd in these TOS or by any relevant advertiser, you agree not to modify, reproduce or use in any way any of the Content in whole or in part. You agree not to create any derivative works of any kind based on the Content or based on the Software, in whole or in part. You may view the Site and download any part (s) of it in accordance with instructions on the Site to a personal computer for personal viewing for private purposes only, but you are not permitted without the permission of 3H Group Pty Ltd: (a) to store it or any part of it other than for the purposes set out in this paragraph; (b) to print out copies except for your own viewing for private purposes; or© to reproduce, copy or transmit it (or any part of it) in any other way for any purpose or in any other medium. You are also not entitled to alter the Content in any way. You acknowledge that, apart from any licenses granted in these TOS, nothing in this agreement vests in you any rights, title or interest in the Content or in any of the Software. We take no responsibility for any information you access or download from the Site. - Licence to use the Software
We hereby grant to you a personal, non-transferable and non-exclusive right and licence to use the object code of the Software for the purpose of using the Service on a single computer, provided that you do not (and do not allow any third party) to create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Software. You undertake not to sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service. - Termination
You agree that we may, in our sole discretion, terminate your password, account (or any part thereof) or 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 we believe that you have violated or acted inconsistently with the letter or spirit of these TOS. We may also in our sole discretion and at any time discontinue provision of 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 these TOS may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service. - Disclaimer of warranties
You acknowledge that your use of the Service is at your sole risk and that the Service is provided on an “as is” and “as available” basis. To the extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Without limitation, we make no warranties 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. You acknowledge that any material downloaded or otherwise 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 computer system or loss of data that results from the download of any such material. - Limitation of liability
In no event shall we, our affiliates and related entities be liable to you for lost profits or any special, incidental or consequential damages of any kind arising out of or in connection with your use (or inability to use) the Site or the Service, or arising in any way from these TOS. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that neither we nor our affiliates or related entities have any responsibility for the legality of your actions. To the extent permitted by law, our liability to you or any third parties in any circumstance is limited to the greater of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability and AUD$100. Nothing in this Agreement is intended to limit any rights you may have as a consumer under applicable law. - Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable fees, made by any third party due to or arising out of your breach of these TOS or in relation to any content you submit, post to or transmit through the Site, your use of the Service, your connection to the Service, or your violation of any of the rights of any third party. - MMS technological limitations
You acknowledge that we shall have no obligation or liability to you other than to use all reasonable endeavours to deliver an item ordered by you in accordance with delivery instructions provided by you. We accept no liability for the loss of existing items that may currently be stored on your phone. You acknowledge that we deliver our services over a variety of public and private networks and accept no liability whatsoever in the event of the failure of any contracted third parties to deliver the MMS or to deliver the MMS in a timely manner. - Notices
Notices to you may be made via either email, SMS message or regular mail. The Service may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Site. All notices to be served by you on us should be addressed to:
The Chief Executive Officer
3H Group Pty Ltd (ACN: 104 697 663)
Suite 504, 1 Newland Street
Bondi Junction NSW 2022 Australia
Phone: +61 2 9386 4911
Fax : +61 2 9386 4922
Email: - General
This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. You agree to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or initial public offer. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. These TOS set forth the entire understanding and agreement between us with respect to the subject matter hereof. - Arbitration
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute shall be borne by the originator. - Privacy Policy
Our Privacy Policy is available by clicking on the Privacy Policy link at the bottom of all our sites.
