Terms of Use

These are the general terms and conditions (the "Terms of Use") for this web site and/or the corresponding WAP site (together, the "Site") that is operated by or on behalf of Boltblue Communications Limited or any of its affiliates ("Boltblue", "we", "us" or "our"). The Terms of Use govern the provision and use of any or all services offered via the Site or accessible by a mobile device (the "Services") including, but not limited to

  • email (other than in connection with our Internet access services),
  • text messaging,
  • news or information,
  • User generated content such as but not limited to all information, data, software, music, sound, photographs, graphics, video, messages, blogs or other materials
  • text message alerts, entertainment and information services,
  • any service that may be introduced from time to time on our Site or accessible by a mobile device,
  • and any combination, update or modification of any of the foregoing (the "Services")

and excluding any Internet access services that are offered by Boltblue, which are governed by separate terms and conditions.

If you use the Site you agree to be bound by the terms and conditions detailed in these Terms of Use. You must take the time to read and understand these Terms of Use before you register for the Services. By registering for the Services you accept that you are entering into a contract with us governed by these Terms of Use. If you do not accept these Terms of Use you must not use the Site or any of the Services. We may change or supplement these Terms of Use from time to time. These changes will form part of these Terms of Use , even if you do not re-visit this page to re-read the Terms of Use . We will ensure that any changes or supplemental terms are made reasonably apparent to you by posting them on the Site. In addition to this we will send an email to the email address provided by you at registration before we change or supplement these Terms of Use in any manner that is materially to your detriment.

Your use of the Services

When you register with us you must accurately fill out all the registration details and tell us without delay of any changes. You may be required to supply additional information in connection with our Services. You agree to provide true, accurate and complete information when requested by you and us agree not to misrepresent your identity or personal information. Accurate information is necessary for us to deliver useful Services to you.

By registering with us, you agree to pay on time any fees, tariffs or other charges for purchases, subscriptions, pay-as-you-go or other types of services, products and transactions ("Charges") set out on the Site or any other Charges you agree with Boltblue. In order to make the most of our Services, you should have easy access to the Internet and a mobile phone. The Services are intended for reasonable use by members of the public acting in a private capacity; you may not use the Site or the Services for commercial purposes.

You are solely responsible for all Content that you upload, post or otherwise transmit on or through any of the Services.

You agree not to:

  • store or archive any data, text, music, sound, photographs, video, graphics, information, software, products, services or any other material included in or available through the Site (the "Content"), except on a temporary basis so you can read and delete it later and except as part of the Services and in accordance with the terms of such Services,
  • let anyone else use the password Boltblue gives you,
  • distribute the Content to other devices, except as part of the Services and in accordance with the terms of such Services,
  • allow anyone else to access, copy, edit or change the Content,
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted via the Services (including email and web logs),
  • otherwise misuse the Services or the Content
  • obtain any unauthorised access to others' technology, illegally copy material or introduce any computer virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or take any similarly disruptive action or
  • allow or assist any person to do any of the foregoing.

You also agree not to use the Services

  • in breach of any applicable laws and regulations or fraudulently or in connection with a criminal offence,
  • to send, receive, upload, download, use or re-use any material which is harmful, threatening, harassing, offensive, abusive, indecent, defamatory, obscene, menacing, objectionable or otherwise unlawful,
  • to feature, identify or refer to any individual without their consent
  • to cause needless annoyance or needless anxiety,
  • in such a way that infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party,
  • in such a way that promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals,
  • to send commercial, advertising or promotional material,
  • to initiate the sending of unsolicited advertising or promotional material including, without limitation, junk-mail or spam,
  • to collect and process others' personal data,
  • to engage in any activity that is harmful to minors,
  • to use the Services for remote loading or
  • other than in accordance with the acceptable use policies of any connected networks and Internet standards.

As part of the Services, we will provide you with email facilities, blog facilities, content storage and other services that require us to store data on our systems. To manage our systems and the Services, we limit the amount of data associated with your account that may be stored on our systems. These limits may refer to

  • the absolute size of space occupied by email, blogs or other content storage made available to your account,
  • the number of email messages stored, the number of hits per second that your profile and/or your content receives,
  • the size of attachments or uploaded files or
  • any other metric we may specify.

We reserve the right to refuse to accept new data and/or to delete existing data in order to enforce the limits. The current limit for email is 10 Mb. The current limit for My Boltblue Service which includes photo storage and blog services is 15mb for free service users (by free we mean customers who are not joined to a Boltblue subscription service) and 2GB for customers who are joined to one of the Boltblue subscription services. We may vary these limits or impose additional limits from time to time after providing you with written notice.

We reserve the right to remove and/or restrict content uploads that exceeds account storage limits.

Changes to our Services

We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services with or without notice for reasons including (but not limited to) changes in the legal and regulatory environment, changes in our relationships with suppliers (including price, feature or product changes or the termination of a supplier relationship), changes in our product offering or business strategy or changes in the mobile and Internet industries. These changes may include technical changes, the introduction or adjustment of fee based services, changes to the format or the style of the Services and the amount and types of Information available. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Availability of the Site and Services

We will endeavour to allow uninterrupted access to the Site and the Services, but access to the Site and/or the Services may be suspended, interrupted, restricted or terminated at any time.

Security

As part of the registration process, you will select, subject to availability, a user name and password of your choice. Your username and password are personal to you and are not transferable. We may refuse to grant you a username or password that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate as determined by us in our sole discretion . In addition you will be asked to provide your mobile telephone number, which will be verified through the receipt and entry of a temporary identification number (TIN). You may change your password at any time. You may also change your mobile phone number, subject to verification by TIN. You are responsible for the security and proper use of your user name, password and TIN and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised persons. You are responsible for keeping your user name and password secure and for any information posted on the Site by anyone using your username and password. You agree to notify us of any unauthorised usage of your user name, password, TIN or account or any other breach of security. You are responsible for ensuring that no unauthorised access is obtained to the Services through your account. You are liable for all activities conducted through your account, whether authorised or not, until you have notified us of such unauthorised use and we have suspended access to your account. If we have reason to believe that there is a likely breach of security or misuse of Services, we may change your password and/or TIN and notify you accordingly. If you forget your password or TIN, please contact us. See the "help" file accessed from the home page for more details [provide link].

You may not adapt or circumvent the systems in place in connection with the Site and services, nor access the Site and Services other than through normal operations.

Personal information

Our use of your personal information is governed by our Privacy Policy. Our Privacy Policy forms part of these Terms of Use, and by agreeing to these Terms of Use, you also give your consent to the way we may handle your personal information as detailed in our Privacy Policy.

E-mail and text messaging

If you complete the registration process (including the receipt and entry of a TIN), you will be provided with an email account and will be able to send SMS text messages from our Site ("text messaging") for your own personal, non-commercial use. You are entirely responsible for all activities that occur on your email and text messaging account and agree to notify us of any unauthorised use of your account or any breach of security related to your email account your text messaging account or your Boltblue account in its entirety if we believe, in our sole and absolute discretion, that your account is being used to send any "spam" or other forms of unsolicited bulk email or text messaging. The amount of storage space for email is limited for each account. As a result, some email messages may not be processed. The delivery of text messages depends on the relevant network operators and we cannot guarantee delivery of text messages. We shall not be liable or responsible for any failure to store email or text messages or any other information. In addition, we have no obligation to store any content in your email or text messaging account or forward any unread or unsent messages to you or a third party.

You acknowledge that Boltblue may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, number of and size of content uploads, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Boltblue l servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Boltblue 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 Services. You acknowledge that Boltblue reserves the right to log off accounts that are inactive for an extended period of time and the right to delete, suspend, and empty email accounts if you have not been active within 90 days of last login. You further acknowledge that Boltblue reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

My Boltblue Profile - Eligibility and Registration

You must adhere to Boltblue age restrictions, and can therefore only create an account if you are 16 years or older. By registering for the Services, you represent and warrant that you are 16 or older and that you have the capacity to understand, agree to and comply with these Terms of Use. By registering for the Services you agree to and will provide true, accurate and complete registration information. You will notify us in writing of any changes to your registration details.

Web logs ("blogs")

As part of the Services, you may be able to set up your own web log ("blog"). As a condition for doing this, you agree that you will be responsible for all the material that is placed on your blog. You agree that you will not use any unlawful material and you will not make any unlawful use of any material on your blog. You will ensure that all necessary licences and consents (including any licences and consents from owners of copyrights, performing rights and all other applicable intellectual property rights) have been obtained. If you fail to comply with your obligations under this clause, we may suspend or terminate all access (including by you) to your blog in our sole discretion without notice.

In connection with your blog, you acknowledge that we do not actively monitor, edit or supervise blogs or the contents thereof and do not accept responsibility or liability for any material posted by you.

Appropriate Content and Conduct

You hereby acknowledge and agree to adhere to the Boltblue Code of Conduct for use of the Services. By using the Services you agree that you will not use the Services for any illegal, unauthorized purpose or commercial use. You are solely responsible for your own conduct and all Content that is submitted, posted and displayed utilising the Services..

You acknowledge that we do not monitor or pre-screen Content uploaded, posted or otherwise transmitted by users, even if we incorporate and include any advertising and marketing materials within such Content. However, we may, but shall have no obligation to, remove Content that is available via the Services, including without limitation Content that we determine in our sole discretion to be unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Use. Further, under no circumstances does Boltblue have any obligation to check the accuracy or truthfulness of the any Content, nor to monitor any Member's use of the Services. We do not guarantee the accuracy, integrity or quality of any Content uploaded, posted or otherwise transmitted by users on or through any of the Services.

By using the Services, you hereby agree to report any abusive, inappropriate or other unlawful use of copyrighted material or any other such content or behaviour to Boltblue customer services. Details of how to report any abuse of the Services can be found in the ‘Help section’ and My Boltblue FAQs [ insert link].

Links

The Site may include links to other internet sites. We make no representations or warranties about those sites or their content, nor that the links work.

Advertising

By uploading, posting or otherwise transmitting any Content on or through any of the Services, you hereby grant to us a perpetual, non-exclusive, worldwide and royalty-free licence (with the right to sub-licence) to use, reproduce, modify, adapt, publish and distribute such Content on and through the Services. In particular you specifically agree that we may incorporate and include any advertising and marketing materials within such Content, and publish and distribute such modified Content on and through the Services.

You also agree that you will not attempt to block or otherwise interfere with such advertisements or promotions. [Note: this will be dealt with in Boltblue’s Privacy policy – see “Personal Information” section above]The inclusion of any advertising or promotion on our Site or in our Services does not constitute any endorsement by Boltblue of such product, service or company. We try to ensure that any advertisements or promotion is appropriate for our users.

[Note: this will be dealt with in Boltblue’s Privacy policy – see “Personal Information” section above] Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site or through the Services, 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 Boltblue 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 or the Services.

Proprietary rights

The copyright, database rights and other intellectual property rights vesting in the material contained in the Site and the Services (excluding any Content uploaded, posted or otherwise transmitted by users), together with the Site design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software belong to us. All rights are reserved. None of this material may be reproduced or redistributed other than in accordance with our instructions or without our written permission.

You acknowledge and agree that the Services and any necessary software used in connection with the Services (the "Software") contain proprietary and confidential information owned by Boltblue and certain third parties and is protected by applicable intellectual property and other laws. We grant you a personal, non-transferable and non-exclusive right and licence to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, 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 Services. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

You further acknowledge that the Content presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("Rights"). We grant you permission to copy electronically and to print in hard copy portions of the Content for personal use if you maintain all notices and legends required by the Rights. Any other use of the Content, including reproduction for purposes other than permitted in these Terms of Use, uploading, modification or distribution, is prohibited without our prior written permission and/or the prior written permission of the owner of the Rights, as applicable. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners. You must obtain permission from those owners before copying or using the owners' trademarks, product names and company names and logos.

The name Boltblue and the Boltblue logo are trademarks, service marks and trade names of Boltblue Communications Limited. You must not use these or any other trademarks, service marks and trade names on the Website without our prior written permission.

User Generated Content

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

By uploading Content to the My Boltblue Service you hereby grant Boltblue permission to use such Content to further promote the My Boltblue Service within but not limited to Boltblue websites and advertising. You acknowledge and grant permission that any Content uploaded to My Boltblue may be viewed and downloaded by other Boltblue members that are either fully site registered and/or part of Boltblue subscription service. Downloading includes but is not limited to PCs and mobile devices such as mobile phone handsets.

Boltblue will charge a fee for the delivery of user generated Content downloaded to mobile phone handsets, however we do not take responsibility of ownership of user generated Content.

By agreeing to these Terms of Use, you hereby acknowledge that you will not receive payment from Boltblue for Content downloaded or otherwise made available utilising the Services or seek compensation for Content distributed. We reserve the right at our sole discretion to choose to reward customers for the number of downloads from their Content to mobile devices. This may include but is not limited to account credits for consumption of other Boltblue products and services, extra entries into prize draws and other site incentives. Rewards at this present time will not and cannot be exchanged for cash payments.

YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. BOTLBLUE WILL NOT BE LIABLE FOR CONTENT UPLOADED TO THE SERVICES THAT MAY RESULT IN SYSTEM ERRORS OR DISRUPTION, BE LOST, DELETED OR DISTORTED.

Indemnity

You agree to indemnify Boltblue, its subsidiaries, affiliates and partners (including advertiser partners), and their respective officers, agents, partners and employees, and keep them indemnified fully at all times against all claims, demands, proceedings, damages, losses, costs, expenses (including legal expanses), fines and charges which are made or brought against or incurred by them due to or arising out of your use of the Content you upload, post or otherwise transmit on or through any of the Services, your use of the Services and the Site, and/or your breach of these Terms of Use.

Termination

You agree that we may in our sole discretion suspend or terminate your username, password and use of the Site and the Services (with or without notice and without liability to you, any other user or any third party) and remove and permanently delete any Content within the Site and the Services for any reason without notice, including without limitation for lack of use or if you appear to us to be in breach of any provision of these Terms of Use. If we terminate any Services for which you have paid us and there has not been a breach of the Terms of Use by you, you shall have a right to be compensated (in cash or in kind) for such Services that you have not received. Upon termination of the Services, your right to use the Services immediately ceases. Boltblue shall have no obligation to maintain any Content in your account or to forward any unread or unsent messages to you or any third party. You agree that any termination of your access to the Services may be effected without prior notice.

If your access to the Site and the Services has been suspended or terminated, you agree that you shall not re-register for, or re-access, the Site and/or the Services (whether directly or indirectly) without our prior written consent.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of this Agreement for any reason.

Limitation of liability

To the fullest extent permitted by law, we shall not be liable in contract, tort (including negligence), statutory duty or otherwise arising out of or in connection with this Agreement, the Site and/or the Services, for consequential, indirect or special loss or damage or any economic losses including loss of revenues, profits, contracts, business, goodwill, anticipated savings or other financial loss (whether or not in each case they are considered to be direct or indirect losses) or corruption or destruction of data even if we have been advised of the possibility of such loss or damage and howsoever incurred.

To the fullest extent permitted by law, our maximum liability to you in contract, tort (including negligence), statutory duty or otherwise arising out of or in connection with this Agreement, the Site and/or the Services shall be limited to £50. Notwithstanding any other provision of this Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence.

To the fullest extent permitted by law in no event shall Boltblue be liable for any loss caused directly or indirectly by the failure, poor performance or non-delivery of any of our Services that arises because of any circumstances which we cannot reasonably be expected to control.

You agree that we will not be liable for any action you take in reliance on the Content. You also agree that no information provided by us shall be an investment advertisement or constitute investment business under the Financial Services Act 1986, as amended, and under any appropriate regulations and that you will consult with an appropriate professional adviser before acting on any information (financial or otherwise) that we provide.

Disclaimer of warranties

To the fullest extent permitted by law, we expressly disclaim in connection with the Site and the Services any representations, warranties, conditions or other terms, express or implied, by statute or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

All Software and Content is provided "as is" and "as available" for your use. The Software and Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Boltblue and its licensors do not warrant that

  • the Content is accurate, reliable or correct,
  • the Services will be uninterrupted, timely, secure or error-free,
  • the Site and the Services will be available at any particular time or from any location,
  • any defects or errors will be corrected or
  • the Software or Content is free of viruses or other harmful components.

You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods and services unless specifically indicated otherwise in these Terms of Use. Nothing in this Agreement affects your statutory rights as a consumer.

General

These Terms of Use form the entire agreement and understanding between you and us and supersede all previous agreements, understandings and representations between you and us relating to the Site or the Services. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site or the Services. We may delay enforcing our rights under the Terms of Use without losing them. You agree that we may subcontract the performance of any of our obligations or may assign the Terms of Use or any of our rights or obligations without giving you notice.

You may not transfer any of your rights or delegate any of your obligations under this Agreement without our prior written consent.

Nothing in this Agreement shall confer on any third party any benefit or the right to enforce any term of the Agreement. Nothing in this Agreement affects your statutory rights as a consumer.

Notices to you may be delivered by email to your Boltblue email address or through the post to the address in our records. We may also provide notices of changes in these Terms of Use or the Services by displaying notices on the Site or through the Services.

Governing law, jurisdiction and severability

This Agreement is governed by English law and any dispute connected with this Agreement is subject to the exclusive jurisdiction of the English courts.

This does not, however, affect any rights your local national law may give you as a consumer to bring a case locally or using your local law if those rights cannot legally be excluded by Boltblue.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the Limitation of Liability, Indemnity and the Disclaimer of Warranties clauses above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Version dated 3rd April 2009

© Boltblue Communications Limited 2009