Terms & Conditions of use
Welcome to TV4U.services (the “Website”), a digital media platform owned and operated by GSMplusServices Ltd. (the Company”).
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and GSMplusServices Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by GSMplusServices Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to GSMplusServices Limited and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of GSMplusServices Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial
purposes any Content without the written permission of GSMplusServices Limited.
Use and Limitations on Use
4. By using the Website, the products, software and services, you agree that you are receiving access to original or appropriately licensed content for your personal and non-commercial use only, you may not build a business or other enterprise utilizing any of the Website, the products, software and services offered and provided by the Company whether for profit or not and that you are being granted a limited, non exclusive, non-transferable, license to access the Website, the products, software and services offered and provided by the Company for that purpose.
You are strictly prohibited from and agree not to:
i. download, stream capture, store in a database, archive, or otherwise copy, distribute, display, duplicate, publish, reproduce, license, sublicense, rent, lease, loan, upload, sell, resell, broadcast, create derivative works from, or offer for sale any content contained on, or obtained from the Website, without the Company’s prior written consent;
ii. use of any of the logos, characters, trademarks, service marks, artwork, stories, photographs, images, information, names, text, graphics, audio material, or any other materials contained on the Website, for any other purpose, in any form, media, or technology, whether now known or hereafter developed, including the use of any of the aforementioned content on any other website or networked computer environment, without the prior written consent of the Company. Modification or alteration of such content or use of such content for any other purpose is a violation of the Company’s proprietary and intellectual property rights;
iii. delete the copyright or other proprietary rights notices on any content or associated with any content available on the Website;
iv. decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Website, products, software or services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code;
v. participate in any activity over the Internet which violates the privacy or personal rights of another person, including collecting information and disseminating it about customers without their express permission, except as permitted by applicable law;
use the Website, or products, software or services offered and provided by the Company to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website; (d) collect or store personal data about other users; (e) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (f) interfere with or disrupt the Website, servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the
vii. intentionally interfere with or damage operation of the Website, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
viii. use any high volume, automated, or electronic means to access the Website (including, without limitation, robots, spiders or scripts);
ix. frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages; or
x. perform any other act which would be harmful to the Company itself or to the Website, products, software or services offered and provided by the Company.
Links to other websites
5. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of GSMplusServices Limited or that of our affiliates.
6. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
7. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
8. Any online facilities, tools, services or information that GSMplusServices Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. GSMplusServices Limited is under no obligation to update information on the Website.
9. Whilst GSMplusServices Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
10. GSMplusServices Limited accepts no liability for any disruption or non-availability of the Website.
11. GSMplusServices Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
12. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, AND THE PRODUCTS, SOFTWARE AND SERVICES OFFERED OR PROVIDED BY THE COMPANY, AS WELL AS ANY OTHER CONTENT ON THE WEBSITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE, OR THE PRODUCTS, SOFTWARE AND SERVICES OFFERED AND PROVIDED BY THE COMPANY, WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, OR THE PRODUCTS, SOFTWARE AND SERVICES OFFERED OR PROVIDED BY THE COMPANY, OR ANY OTHER SERVER THAT MAKES THEM AVAILABLE WILL BE FREE FROM CORRUPTION, ATTACK, HACKING OR OTHER SECURITY INTRUSION, VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULT OF THE USE OF THE CONTENT ON THE WEBSITE OR THE PRODUCTS, SERVICES, OR SOFTWARE OFFERED OR PROVIDED BY THE COMPANY, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, SUITABILITY, COMPLETENESS OR OTHERWISE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THE WEBSITE AND ANY CONTENT ON IT AND THE ENTIRE COST OF ANY SERVICING, REPAIR OR CORRECTION.
Limitation of liability
13. UNDER NO CIRCUMSTANCES, SHALL THE COMPANY, OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SUPPLIERS OR LICENSORS (THE “COMPANY PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOUR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT. UNDER NO CIRCUMSTANCES, SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, GOODWILL, REVENUE OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, OR THE PRODUCTS, SOFTWARE AND SERVICES OFFERED AND PROVIDED BY THE COMPANY, OR OTHERWISE RELATED TO THE WEBSITE, EVEN IF THE COMPANY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILFUL MISCONDUCT), HOWEVER THEY ARISE. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY SUCH DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND EQUIPMENT USED IN CONNECTION WITH THE WEBSITE, THE PRODUCTS, SOFTWARE AND SERVICES AND WILL NOT MAKE A CLAIM AGAINST THE COMPANY FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE WEBSITE OR THE PRODUCTS, SOFTWARE OR SERVICES OFFERED AND PROVIDED BY THE COMPANY. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM, AND COVENANT NOT TO SUE THE COMPANY, FOR ANY CLAIMS IN CONNECTION WITH THE WEBSITE, OR THE PRODUCT OR SERVICES PROVIDED BY THE COMPANY. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS, SOFTWARE AND SERVICES OFFERED AND PROVIDED BY THE COMPANY (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S MEMBERSHIP FEE ON YOUR ACCOUNT.
14. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
15. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
16. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
17. To the maximum extent permitted by law, GSMplusServices Limited accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
Claims of Copyright Infringement
The Company respects the intellectual property rights of others. The Company does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your copyrighted work has been reproduced or distributed in any way that constitutes a copyright infringement, or are aware of any infringing content accessible via the Website, please immediately notify the Company’s Copyright Agent at email@example.com. For your complaint to be valid under the Digital Millennium Copyright Act of 1998 (“DMCA”), you must provide the following information in writing:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
ii. Identification of works or materials being infringed;
iii. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that the Company is capable of finding and verifying its existence;
iv. Contact information about the notifier including address, telephone number and, if available, e-mail address;
v. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
vi. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES.
18. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
19. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
20. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
21. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
22. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
23. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
24. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
GSMplusServices Limited details
25. GSMplusServices Limited is a company incorporated in England and Wales with registered number 7694318 whose registered address is 20-22 Wenlock Road, London, N1 7GU and it operates the Website imtuition.net. The registered VAT number is 121867124.
26. You can contact GSMplusServices Limited by email on firstname.lastname@example.org.