Mustang Digital Media – Terms & Conditions
Please read through the terms and conditions carefully to be sure that you understand them.
On completion of your online registration procedure, you have entered into a legally binding contract.
By submitting your application via this website means you agree to the terms and conditions set out below.
These terms apply to all visitors, users and others who use the services of Mustang Digital Media
If you disagree with any of the terms and conditions please leave the website.
Although we try to ensure that all information on the website is complete and accurate;, pricing errors, typographical errors and miscellaneous mistakes and/ or inaccuracies may happen. In such instances we assume no responsibility for such errors and/or omissions, and reserve the right to: (a) revoke any offer stated on the Website; (b) correct any errors, inaccuracies or omissions; and (c) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
You must be eighteen (18) years of age or over to use and view this website or register as a member of Mustang Digital Media By using this website, agree and authorize that you have the right, authority and capacity to enter into this Agreement and that all information you provide is accurate and to abide by the terms and conditions. The services provided herein are for the personal use of individual members only and may not be used in connection with any commercial endeavors.
2.MEMBERSHIP AND SUBSCRIPTION
- A) The price(s) for membership and use of the Service are subject to change and may be varied from time to time.
- B) For security reasons, we currently do not accept credit cards payments over the Internet. In order to register and become a member of the website, you are must complete the Registration form on the website and supply your Name and Surname, email address and type of membership you require. Should you decide to proceed with registration it is then necessary for you to contact our administration office by telephone to obtain the details of our bank account (the ‘Account’)., you will be required to make the appropriate registration payment into the Account and provide proof of payment to us in the form of facsimile of the corresponding bank receipt. On confirmation from our bank that cleared funds have been received, we will provide you with a confirmation via email or telephone of receipt of payment alongside the details of your membership.
- C) Payment shall not be deemed to have been made until we have received cleared funds in respect of the full amount due or outstanding for any registration.
- D) Without prejudice to your Cancellation Rights, all monies paid by you to Us are non-refundable in the event of cancellation and/or termination of this Agreement.
- A) This Agreement shall be deemed to commence as from the date that the appropriate payment was made by you (or on your behalf) into the Account provided by Our Agents/Administration Office (thus known as The ‘Commencement Date’).
- B) You may terminate your membership at any time, for any reason, effective upon receipt by us of your written notice of termination to the details afore mentioned. No refund of any monies paid will be paid in the event of such termination,
- C) We will be entitled to terminate your membership forthwith and your access to the Service in the event of you being in breach of any of the terms of this Agreement. Notice of termination will be sent to you to the email address provided by yourself in your membership application or such other email address which you may have later provided. In the event of termination pursuant to this clause, no refund will be given. Our right to terminate this Agreement shall include, but not be limited to:
- D) If you fail to make any payment to Us when due;
- E) You failing to provide Us within the time frame we provide with sufficient information to enable Us to determine the accuracy and/or validity of any information provided by you;
- F) In our reasonable and considered opinion, any information supplied or posted by You is damaging or potentially damaging or threatening to the interests of our business or any of clients and/ or other users of the site.
- G) In the event that you become convicted of a criminal offence or are subject to any charge, arrest or accusation of disreputable conduct, which, in our reasonable and considered opinion, can jeopardize the good name of our business or may potentially, be of concern to other users of the website.
H)us being in receipt of a complaint or complaint(s) from other users or members regarding you or your actions which we then are entitled to act on entirely within our sole discretion and without any obligation to contact, or verifying information with, you;
- I) Should you be diagnosed or receive treatment for any form of mental illness
- J) We reserve the right to make changes to the Web Site and/or the Services from time to time without prior warning.
4.SUMMARY OF SERVICES AND OPERATION OF WEBSITE
- A) Mustang Digital Media promotes Profiles on its Online Brochure. Profiles of all members can be viewed at mustangdigitalmedia.com
Once you become a member, you will be provided relevant log in details and information to access your profile.
- B) On becoming a member, your details will be available for viewing solely by potential clients. In the event of a client desiring to make contact with an advertised individual on the site, they are obliged to contact us by email, providing the relevant details of the individual and the particular area of the Services required as well as their full details, address and a valid identification document. Clients provide us with details of what Service they require and we then select relevant individuals who we consider suitable and able to provide said Service.
- C) On receipt of a request, we will pass the information and profile details on to the relevant person in question in order to verify their interest and willingness for you to make contact with them.
- D) On making contact with the particular person, you are required to agree all relevant terms for any arrangements made henceforth, including but not limited to price, time, dates etc. All terms and conditions of any contract between yourself and any Clients introduced by us are to be agreed entirely between yourself and the relevant individual specified. We make no representation or warranty as to pricing (which is the sole discretion and responsibility of the relevant individual), his/her ability to perform the required and stated service or any other terms or conditions of your agreement with that individual.
- E) We make no guarantees with regards to success of profile advertisement/s.
- WEBSITE AND CONTENT USAGE
- A) Illegal and/or unauthorized uses of the Website, including collating and collecting usernames, names, information and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website are strictly prohibited. Any such use will be investigated and reported to the relevant authorities if deemed appropriate. In the event of such use, we will are entitled to terminate this Agreement with immediate effect without refund.
- B) You are not permitted to post or broadcast or upload any content (including emails or photos) via this Website that we judge violates this Agreement or which might be offensive, illegal, not appropriate or that might violate harm, or threaten or violate the rights and legal status and the safety of other users.
- C) You are solely responsible for any and all content that you publish, send/upload or display (hereinafter, “post”) via the Service, or transmit to other members. You hereby agree to full indemnify Us for any liability, cost or expense incurred by us in respect of such content.
- D) We are fully entitled to investigate upon and revoke a person’s membership if that member has misused or abused the Service, or behaved in a way which may be deemed as inappropriate or whose conduct is unlawful or illegal, to include but not limited to the following:
* Harassing or advocating the harassment of another individual or organization or member of staff.
* Broadcasting, sending or posting “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
* Promoting information that is known to you to be false, inaccurate or incorrect, deliberate or otherwise, misleading or promoting illegal activities or
conduct that is deemed to be abusive, threatening, obscene, defamatory or libelous;
* Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
* Display sexually explicit or pornographic material of any kind without permission.
* Provide instructional information about illegal activities such as the supply of controlled substances, violating someone’s privacy, or providing or creating computer viruses.
* Solicitation of passwords or any personally identifying information for commercial or unlawful purposes from other users or members of staff.
* Engage in sales and/or commercial activities without prior written agreement.
- MEMBER’S OBLIGATIONS
You must use the Service at all times in a manner adhering to any and all applicable laws and regulations.
You are not permitted to:
- A) Post your personal details including but not restricted to your telephone number, address and/or email address or URL on your profile or any other information elsewhere which would allow other members advertised on the website to contact you directly or identify personal details for unauthorized use.
- B) Post, communicate or broadcast information, photographic images and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties’ rights in (including but not limited to intellectual property rights and/or privacy rights).
- C) Use the Website or your profile to promote or publicize another site, blog, podcast, service and/or business in any way including but not limited to posting any personal e-mail addresses URL’s and/or other personal telephone numbers via the site.
- D) Sell or buy products, goods and services via our website.
- E) Attempt to gain unauthorized access to any information available on the website or to any of the networks used in connection with and providing the website’s services.
- F) Post and/or reproduce in any way any information and/or material, information and photographic images in which the intellectual property rights belonging to the website or another party without first obtaining the prior consent of the owner of such right and images.
- G) Copy, duplicate, in whole or in part any of the information on the website (including, but not limited to any information contained in other members’ profiles) other than for the purposes laid out in this Agreement.
- H) In any way transfer, assign, post and/or authorize any other individual or company to use your membership.
- I) Broadcast, copy and/or post and/or email to another member any information, photographic images and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libelous and/or obscene; and/or transmit and/or post and/or email to another member any information, pictures and/or any other material, which in the reasonable opinion of the site administrator is deemed able of offending other users’ political and/or religious beliefs.
- J) You are not permitted to introduce any individual introduced to you by Us, to any other person, organization or business, with the view to, or understanding that, that person, organization or business will or may enter into a commercial transaction or understanding with that individual for the provision of any service offered by this web-site.
- K) You agree not to exploit, duplicate, copy, sell, resell or reproduce for any commercial or other purposes, any part of this web site or Services, its texts, images and content. .
THIS WEB SITE MAY AT TIMES CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT GOING FORWARD. SUCH STATEMENTS INVOLVE RISKS AND UNCERTAINTIES WHICH CANNOT BE LEGISLATED. ACTUAL DEVELOPMENTS OR RESULTS MAY DIFFER IN SUBSTANCE FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF VARIABLES, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
YOU EXPRESSLY ACKNOWLEDGE, RECOGNISE AND AGREE THAT:
- A) YOUR USE OF THE WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- B) WE MAKE NOR GIVE ANY WARRANTY OR REPRESENTATION THAT (i) THE WEBSITE OR SERVICES THEREIN WILL MATCH YOUR REQUIREMENTS, (ii) THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB-SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE OR ANY OF THE SERVICES WILL MATCH YOUR EXPECTATIONS, AND (V) ANY ERRORS MAY BE CORRECTED.
- C) ANY MATERIA L, TEXT OR IMAGES THAT MAY BE DOWNLOADED OR OTHERWISE OBTAINED VIA THE WEB SITE AND/OR ITS SERVICES IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS ARISING THEREOF.
Moreover and for the avoidance of doubt:
- E) We do not guarantee that any of the information, and/or material provided on the website or pertaining to to the Services is correct.
- F) We do not provide any guarantee in regards of the Website or Services, results or availability of the Services.
- G) Information and photographic images provided by all/any members advertised or promoted on this site are as provided by those persons. We make no representation or guarantee that any aforementioned information held in any profile is accurate.
- H) We do not verify or check that the information provided in the profiles is correct and/or are not misleading. We do not guarantee that the information and/or images in any profile is correct. Therefore, your dependence and usage of such information is entirely at your own risk.
- I) Should you be unsure of the accuracy of any information, image or details contained within a client profile you are entitled at your own cost, risk and expense, to carry out any investigation you consider necessary to confirm or otherwise the accuracy ofsaid information..
- J) Should you arrange any meetings with any person introduced to you by Us, this is at your own risk. It is solely your responsibility to take all whatever precautions you consider necessary to ensure your own peace of mind and safety.
- K) You are solely responsible for any interactions and correspondence with members advertised on this Website. We reserve the right, but have no obligation, to monitor disputes between yourself and anyone introduced to you by Us.
- L) You are solely responsible to keep your contact information up to date and are obligated to answer on that same telephone number. If you are unable to do so , you are required to make contact via telephone with the office in shortest time possible. Failuire to do so can result in missed inquiries and Mustang Digital Media is not liable for such loss.
- O)Lack of correspondence with your agent and the office can result in membership suspension.
- LIMITATIONS ON LIABILITY
- A) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT AND WILL NOTL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, UNUSUAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, PERSOBAL INFORMATION, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN AFOREWARNED OF ANY POSSIBLE EVENT OF SUCH DAMAGES), RESULTING FROM: (i) THE USAGE OR THE INABILITY TO UTILISE THE WEBSITE OR ITS SERVICES; (ii) ANY COST OF PROCUREMENT OF SUBSTITUTION OF SERVICES AS A RESULT OF ANY SERVICES OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA OR FROM OR PERTAINING TO THIS WEB SITE; (iii) ANY STATEMENTS OR CONDUCT OF ANY INDIVIDUAL FURNISHING ANY OF THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THIS WEB SITE OR ITS SERVICES.
Further, and in the interest of avoiding any doubts whatsoever;
- B) We retain the right now and in future events to have no liability (apart from any refund of membership fees were deemed appropriate) or for any defect/fault/inaccuracy in the Service no matter how caused.
- C) We are not and will not be liable for any loss, harm or damage incurred by you no matter how caused should you have failed to pay any outstanding monies
- E) We are not and will not be liable for any loss, harm or damage incurred by you as a result of your dependence on any information and/or other material provided in any profile, text or howsoever posted on the website or posted/sent to you by any Clients or user of this website.
- F) We are not and will not be for any loss, harm or damage incurred by you as a result of use or unauthorized abuse of any and all information and/or other material or photographic images posted or uploaded or sent by you on the Service and/or to any person introduced to you by Us.
- G) Every single one of the specified limitations and/or exclusions within this Agreement shall be deemed to be repeated and apply as a separate proviso for each and all of the following cases/instances:
- Liability for breach of contract;
- Liability in tort – shortcoming, or wrongdoing (including negligence); and c. Liability for breach of statutory duty;
- I) We are not and will not have any liability to you for any shortcoming or delay in performance or accuracy of the Website service or the Services and/or any other matters to the extent that such instances and/or matters are due to any events beyond our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, acts of terrorism, crime, governmental actions and any other similar events.
- J) We do not and will not have liability to you for any conduct of any person introduced to you by Us. Any meetings or contacts are conducted entirely at your own risk. You should take all relevant precautions, that you consider necessary to ensure your own safety.
- K) Nothing in this Agreement shall exclude or limit our liability for death or personal injury due to negligence or error or any liability which is due to fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
- LIMITATION OF ACTION
You acknowledge and agree that, regardless of any statute or law stating otherwise any claim or cause of action you may as a result of or, relating to, or connected with, your use of the website must be filed within 30 days of agreeing to the terms and condition set out herein.
A)You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits and funds, damages, awards, expenses, costs (including but not limited to increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities incurred by Us and arising from and/or relating to your usage of this Web Site and/or the Services and/or arising from or due to any claim or breach of the terms of this Agreement or any tortuous act and/or omission and/or any breach of statutory duty by you.
- B) In the event that you are in possession of any claim or action against any other member or individual of the Web Site arising from your usage of the Web Site or the Services, you agree to pursue such claim or action independently of and without any reference or requirements from us, and you release us from all claims, liability and damages, arising from or in any way connected to such claim or action.
- PROPRIETARY INFORMATION
This Website contains information that is proprietary to our partners, our members and Us. You are not permitted to modify or post, distribute or copy or reproduce in any way any copyrighted material, trademarks or other proprietary information prior to obtaining the express written permission of the owner of such information.
- MODIFICATIONS OF THIS AGREEMENT
Giving reasonable notice we reserve the right to make changes to these terms and conditions. If upon receiving such notice, if you do not wish to continue with this Agreement, you can terminate it by giving us notice, such notice will take effect upon the first receipt of your notice or the date of such amended terms and conditions would otherwise have been effective. You will be deemed to have accepted any cahnges and/or amendments should you continue to use the Service after the relevant period of notice has expired.
- A) No third parties will have any right to enforce this Agreement. All third party rights are excluded
- B) No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
- C) This Agreement is between Yourself and Mustang Digital Media any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
- D) This Agreement is governed by and interpreted in accordance with UK law and the parties agree to submit to the non-exclusive jurisdiction of the UK courts.
THESE TERMS & CONDITIONS APPLY WHEN SUBMITTING AN ADVERTISEMENT
- The terms & conditions laid out here shall be governed by the Law of United Kingdom.
- By placing a private advertisement on Mustang Digital Media in the username & password protected “members” section, you are deemed to have accepted these terms & conditions.
- Mustang Digital Media willl act within its published Copyright Mustang Digital Media Privacy & User Agreement statements.
- Mustang Digital Media only provides an advertising service to private individuals who wish to advertise their services on our online brochure.
- Mustang Digital Media does not accept any responsibility or liability should your advertisement on the online brochure fail to achieve a response or not meet your expectation. .
- Your photographic images and profile can be changed on a fortnightly basis should you desire during your advertising period. Such changes may incur extra charges.
- The service provided by us commences when your advertisement is published on Mustang Digital Media therefore, we cannot offer you the right to cancel during any so called cooling-off period.
- Mustang Digital Media is not now and will not be your employer. Therefore you will always be entirely and solely responsible for any financial liabilities you may incur as a result of work obtained via any interest from this site.
- You cannot and must nott bring Mustang Digital Media into disrepute. You are not permitted to engage in any and all criminal activities which associate or connect you to this web site.
- We do not and will not accept any liability for any loss incurred as a result of the loss of our services beyond our reasonable control.
- You indemnify us against any loss we incur as a result of your not adhering and abiding to these terms & conditions.
- You agree upon registering with Mustang Digital Media that you are aged 18 or over and we that are not responsible in any way should you enter the incorrect details.
- This agreement represents the entire agreement between the two parties, and supersedes all prior undertakings, whether written or oral. If any part of these terms & conditions is found un-enforceable, the remaining will continue t be wholly legally binding.
You must not:
(a) Republish material from this website (including republication on another website);
(b) Sell, rent or sub-license material from the website;
(c) Show any material from the website in public;
(d) Reproduce, duplicate, copy use or otherwise exploit material on our website for a commercial purpose of any kind.;
(e) Edit or otherwise modify any material on the website; or
(f) Redistribute material from this website except for content specifically and expressly made available and agreed upon for redistribution (such as our authorized newsletter) without our written prior consent.