PlateWave Limited ("PlateWave" or "we") operates PlateWave.com, which is a social networking platform that allows Members to create unique personal profiles based on Registration numbers for Vehicles, online in order to find and communicate with other Users of Registered Vehicles. The services offered by PlateWave.com include the PlateWave.com Website, messaging services (including, instant messaging, private messaging, and email services), and any other features, content, or applications offered from time to time by PlateWave in connection with PlateWave’s business (collectively, the PlateWave Services).
In addition, in consideration for becoming a Member and/or making use of the PlateWave Services, you must indicate your acceptance of this Agreement during the registration process.
We reserve the right to modify this Agreement at any time and from time to time
1. Eligibility. By using the PlateWave Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the PlateWave Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you have registered using false information.
2. Term. This Agreement, shall remain in full force and effect while you use the PlateWave Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Glovebox page. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, we reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, "messages") by you, or to deny, restrict, suspend, or terminate your access to all or any part of the PlateWave Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, we reserve the right, in our sole discretion, to reassign or rename your profile URL. PlateWave expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the PlateWave Services if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to PlateWave, its employees, business partners, Users and/or the public
3. Password. When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party
4. Use by Members. The PlateWave Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by PlateWave. We reserve the right to remove commercial content. Illegal and/or unauthorized use of the PlateWave Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PlateWave Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the PlateWave Services.
5. Rights in Content on PlateWave.Com
5.1 PlateWave does not claim any ownership rights in the text, files, images, photos, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the PlateWave Services. After posting your Content on, through or in connection with the PlateWave Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the PlateWave Services, you hereby grant to us a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the PlateWave Services, including, without limitation, through the PlateWave Services to applications, websites or mobile, desktop or other services which are linked with your PlateWave account (collectively, "Linked Services).
5.2 The license you grant to PlateWave is non-exclusive (meaning you are free to license your Content to anyone else in addition to PlateWave), fully-paid and royalty-free (meaning that PlateWave is not required to pay you or anyone else deriving rights from you for the use on the PlateWave Services of the Content that you post), sublicensable (so that PlateWave is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the PlateWave Services), and worldwide.
5.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the PlateWave Services, or (ii) the posting of your Content on, through or in connection with the PlateWave Services does not violate the privacy rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of the use of any Content posted by you on or through the PlateWave Services and/or Linked Services.
5.4 The PlateWave Services contain Content of PlateWave ("PlateWave Content"). PlateWave Content is protected by copyright, trademark, patent and other laws, and PlateWave owns and retains all rights in the PlateWave Content and the PlateWave Services.
5.5 The PlateWave Services contain Content of Users, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the PlateWave Services.
5.6 PlateWave performs technical functions necessary to offer the PlateWave Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the PlateWave Services. In addition, you agree and acknowledge that PlateWave may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the PlateWave Services. You can control what type of communications you receive from the PlateWave Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of emails.
5.7 PlateWave reserves the right to limit the storage capacity of Content that you post on, through or in connection with the PlateWave Services.
6. Content Posted.
Your PlateWave profile may not include any form of Prohibited Content, as outlined in Section 7 below. Despite this prohibition, information, materials, products or services provided by other PlateWave Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and PlateWave assumes no responsibility or liability for this material. If you become aware of misuse of the PlateWave Services by any person or Linked Service, please click on the "Report Abuse" link at the bottom of the PlateWave Website pages.
6.1 PlateWave may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of PlateWave violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. PlateWave assumes no responsibility for monitoring the PlateWave Services for inappropriate Content or conduct.
6.2 You are solely responsible for the Content that you post on, through or in connection with any of the PlateWave Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7. Prohibited Activity.
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the PlateWave Services. PlateWave reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, removing the offending Content from the PlateWave Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of PlateWave:
7.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.2 harasses or advocates harassment of another person;
7.3 exploits people in a sexual or violent manner;
7.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
7.5 solicits or is designed to solicit personal information from anyone under 18;
7.6 publicly posts information that poses or creates a privacy or security risk to any person;
7.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
7.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
7.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
7.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, violating someone's privacy, or providing or creating computer viruses;
7.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
7.13 involves commercial activities and/or sales without prior written consent from PlateWave such as contests or advertising.
7.14 includes a photograph or video of another person that you have posted without that person's consent.
The following are examples of the kind of activity that is illegal or prohibited on the PlateWave Website and through your use of the PlateWave Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to the appropriate authorities. Prohibited activity includes, but is not limited to:
7.15 criminal activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
7.16 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the PlateWave Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the our Services, you acknowledge that you will have caused substantial harm to PlateWave.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PlateWave Limited £50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the PlateWave Services;
7.17 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the PlateWave Services;
7.18 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
7.19 interfering with, disrupting, or creating an undue burden on the PlateWave Services or the networks or services connected to the PlateWave Services;
7.20 impersonating or attempting to impersonate PlateWave or a PlateWave employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
7.21 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the PlateWave Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by PlateWave, posting blogs or bulletins with a commercial purpose, or sending messages with a commercial purpose;
7.22 relaying email from a third party's mail servers without the permission of that third party;
7.23 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the PlateWave Website for the purposes of sending unsolicited or unauthorized material;
7.24 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
7.25 using the PlateWave Services in a manner inconsistent with any and all Applicable Law.
8. Protecting Copyrights and Other Intellectual Property. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
9. Member Disputes. You are solely responsible for your interactions with other PlateWave Users, or any other parties with whom you interact through the PlateWave Services. We reserve the right, but has no obligation, to become involved in any way with these disputes.
10. Advertisting Terms and Conditions Any private individual, sole trader, partnership or corporate entity placing an advert on the site agrees to the following terms and conditions.
10.1 Platewave.com is operated by Platewave Limited ('the Company') company registration number: 07156227, whose registered office is Alex House. 260-268 Chapel Street. Salford. Greater Manchester. United Kingdom. M3 5JZ
10.2 The advertiser ('the Client') shall insert their own advertising copy in the template provided, and agrees the advert content shall be legal, decent and honest and shall not contain anything that may cause offence or embarrassment, or might bring 'the Company ' into disrepute in any way.
10.3 The Client agrees to indemnify the Company against all claims in respect of any alleged infringement of any copyright, trademark or any illegal act arising from the publication of any advert placed by the Client.
10.4 The Company reserves the right, to suspend and or remove, without notice, any advert which in the opinion of the Company, constitutes a breach of either clause 2 or 3 or both. In the event of an advert being suspended or removed due to such a breach, no refund ill be given for any unused portion of the month paid for.
10.5 This is a rolling term contract at an agreed rate subject to events described in clause 7.
10.6 The Client agrees to pay the Company £50 per month by credit or debit card for the duration of the advert.
10.7 The Company is presently not registered for VAT. If, at any time in the future, there is a requirement for the Company to become VAT registered, the monthly advert cost will be subject to an additional charge for VAT at the prevailing rate. Advanced written notification of this event will be provided and VAT invoices issued.
10.8 The Clients advert will be activated on the site upon receipt of one month's payment either by credit or debit card.
10.9 The Clients advert will appear in the 'Offers' section of the site on a month by month basis, subject to the receipt of monthly payments on the due date.
10.10 For additional exposure, The Client may 'optimise' their advert by 'linking' to any number of profile pages on the site, subject to a limit of 5,000 profiles, by either typing those numbers on their advert page or,
10.11 Motor dealers, leasing companies and number plate dealers who wish to 'link' with large numbers of profile pages, again subject to a limit of 5,000 profiles, may supply a list of numbers in a suitable format to the Company to be uploaded by he Company. This service is subject to a one off charge of £500. This one off charge may be subject to the events described in Clause 7.
10.12 Any single profile page can only be 'linked' to ONE advertiser, on a strictly 'first come first served basis'.
10.13 The 'link' will remain intact for the entire duration of the advert, although we reserve the right to remove links should we deem it necessary or should the owner of the plate request it.
10.14 The Client may terminate the advert at any time by giving 7 days notice by email to email@example.com.
10.15 The Company reserves the right to terminate the advert should any due monthly payment not be made on the due date, without further notice.
10.16 This contract contains all the terms and conditions between the parties. The Company has made no warranty except as stated herein.
11. Disclaimers. PlateWave is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the PLateWave Services, by Users of the PlateWave Services, and such User Content does not necessarily reflect the opinions or policies of PlateWave. In addition, PlateWave is not responsible for any damage, injury or loss caused by Users of the PlateWave Services or by any of the equipment or programming associated with or utilized in the PlateWave Services. Profiles created and posted by Members on, though or in connection with the PlateWave Services may contain links to other websites or services. PlateWave is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by PlateWave. Inclusion of any linked website or service on the PlateWave Services does not imply approval or endorsement of the linked website or service by PlateWave. When you access these third party sites and services, you do so at your own risk. PlateWave takes no responsibility for third party advertisements that are posted on, through or in connection with the PlateWave Services, nor does it take any responsibility for the goods or services provided by these third parties. PlateWave is not responsible for the conduct, whether online or offline, of any User of the PlateWave Services. PlateWave assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. PlateWave is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the PlateWave Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PlateWave Services. Under no circumstances shall PlateWave be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the PlateWave Services, from any User Content posted on or through the PlateWave Services, or from the conduct of any Users of the PlateWave Services, whether online or offline. The PlateWave Services are provided "AS-IS" and as available and PlateWave expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PlateWave cannot guarantee and does not promise any specific results from use of the PlateWave Services.
12. Limitation on Liability. In no event shall Platewave be liable to you or any third party for any direct or incidental, damages including, without limitation, lost profit damages arising from your use of the PlateWave services.
13. Indemnity. You agree to indemnify and hold PlateWave, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable legal fees, made by any third party due to or arising out of your use of the PlateWave Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the PlateWave Services.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.