Terms and Conditions
Directly.me Terms of Service
Last Updated On November 01, 2012
Welcome to Directly.me and thank you for becoming part of our world!
Directly.me is a Marketplace to earn from your Life Experiences and contacts. Humans
have individual mind and Objective of Directly.me is to create a Hive-mind by utilizing
the following:
1. Buy and Sell your Life Experiences You can share your life’s experiences to help
others, What you have already gone through in life, someone else may be going through
it Right Now and can pay to contact you Directly for your advice, opinion or simply
to talk to someone who has already been there.
2. Protecting your contacts by being the first to add them to Directly.me
When someone pays to contact people you know, we immediately send you an alert to
inform the person. When he/she comes joins the site and reads the message, you get
paid also. (Protection is for life but you must be an active member, you must use
a real name and contact information, log in at least once a month and maintain your
own profile to be up-to-date. If any of these conditions are not met, you will lose
your connections in Two months from the time you last logged in.)
Directly.me is a "Life Experience Marketplace and contact utility" for individuals
and business to get in touch with those they don’t know but want to, without spamming,
stalking or asking for a referral. It will allow you to pay and contact anyone out
of your immediate network directly to share ideas, ask for personal advice, or propose
a project. Each member sets a base price; people can’t pay under the base price
but can pay more. More you pay, higher your message ranks in their message box.By
accessing, browsing or using the services available from and/or otherwise accessing
the domain and sub-domains of www.Directly.me
which are owned and operated by Directly.me.com Ltd. ("Directly.me", "us", "our"
or "we") and all linked pages owned and operated by Directly.me (collectively, the
"Site"), you agree to be bound by this Terms of Service Agreement (the "Agreement").
Before you may use the Site, you must read and agree to all of the terms and conditions
below, including all terms and conditions contained in agreements referenced and
linked to below. Your acceptance and agreement to be bound by these Terms is indicated
by either of two ways; by your registration with Directly.me and formally agreeing
to these Terms, or by your accessing or using the Services. Please read this Agreement
carefully. If you do not accept the terms and conditions below, please exit and
do not use the Site. We suggest that you save or print a copy of this Agreement
for your records before using this Site.
1. Eligibility. You must be of the legal age required to form a binding contract
in your jurisdiction to Sign up with and use the Site. By using the Site, you represent
that you are of legal age to form a binding contract and have the right, authority
and capacity to enter into this Agreement.
2. Your Account. As part of the Site's registration process, you will be required
to set up an account and select a user name and password. Directly.me reserves the
right to refuse registration or service, and to terminate accounts, in its sole
discretion. In setting up your account, you agree to the following rules:
a. You will create an account with your real legal name and you will provide complete
and accurate information about yourself, and update such information in the future
to keep it complete and accurate. You agree you can only have one single account
with Directly.me and your account must be correlated with a single legal person
(natural or statutory), and that each legal person may Sign up only one Member
Account. Your use of an Individual Member Account is expressly limited to you as
a natural person and cannot be transferred to anyone else on a temporarily or on
a permanent basis. You're solely responsible for your dealings with third parties
(including advertisers) who use the network, including as to the delivery of and
payment for goods.
Directly.me reserves the right to pursue legal action against you for intentionally
providing false or inaccurate personal information, as well as the right to terminate
your account.
b. You will not enter, select or use a user name that is subject to the rights of
a third party without proper authorization, that is or contains or is substantially
similar to a trademark or service mark, or that incorporates words that are defamatory,
vulgar, obscene, libelous, hateful, or racially or ethnically or otherwise objectionable.
You may not use a misspelling or an alternative spelling to circumvent the foregoing
restrictions.
c. You accept responsibility for maintaining the confidentiality of your account
and password, and all activities that occur under your account and you will not
share your personal account user name and password with any third party unless we
provide an approved mechanism for that.
d. You will pay all fees and charges incurred by your account, including applicable
taxes, in accordance with the billing terms that are in effect at the time the fees
or charges become payable, and reimburse Directly.me for all costs and expenses
incurred by Directly.me in collecting payments due hereunder, including all bank
and service charges and all reasonable lawyer’s fees. You have the right to change
the contact price you set for yourself at any time but you must honor any contacts
made before the new price change at the previous price. When you respond to peoples
messages, you agree to provide satisfactory response based on your own experience.
Directly.me allows you to contact people on the site by paying the price he/she
has set and it allows you to contact nonmembers by setting a Bounty.
When setting a price bounty to contact someone, you decide on the name and add description
of the person (where available provide the url of their social profile). You agree
to honor the price you paid when your message is read.
e. You will exit out of your account at the end of each session, and immediately
notify Directly.me of any unauthorized use of your account.
3. Your Conduct. We would like you to enjoy all aspects of Directly.me. However,
for your protection and the protection of others, certain conduct is prohibited.
If you engage in any of this conduct, you risk not only termination of your membership
with Directly.me, but also legal repercussions. In particular, in using the Site
you agree not to (and not to knowingly permit any third party to):
a. conduct any unlawful activity;
b. harm minors in any way;
c. transmit or make available any content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or
racially or ethnically or otherwise objectionable;
d. transmit or make available any content that you do not have a right to make available
under any law or contractual or fiduciary relationship, including without limitation
any content that infringes a third party's copyright, trademark or other intellectual
property and proprietary rights;
e. transmit or make available any material that contains any software virus or other
computer code designed to interrupt, destroy or alter the functionality of any computer
software or hardware;
f. interfere with, disrupt or reverse engineer the Site in any manner, including
intercepting, emulating or redirecting the communication protocols used by Directly.me,
creating or using cheats, mods or hacks or any other software designed to modify
the Directly.me experience, or using any software that intercepts or collects information
from or through the Site (including harvesting of email addresses);
g. use any robot, spider or other automated mechanism to retrieve or index any information
from or portion of the Site;
h. participate in any action that, in the sole and absolute opinion of Directly.me,
results or may result in a subscriber to Directly.me being defrauded, scammed, or
otherwise cheated;
i. transmit or make available any unsolicited or unauthorized advertising, junk
mail, spam, chain letters, pyramid schemes or other forms of solicitations by way
of hacking;
j. create user accounts by automated means or under false or fraudulent pretenses;
and
k. impersonate any person or entity.
l. stalk or otherwise harass any other person whether individual, statutory person
or other third party
4. Interruption/Modification of the Site. Directly.me reserves the right to interrupt
the Site or any services available on the Site with or without prior notice for
any reason whatsoever. You agree that Directly.me will not be liable for any interruption
of the Site or such services, delay, or failure to perform and you will not be entitled
to any refund of fees for interruption of service or failure to perform. Additionally,
Directly.me has the right at any time and for any reason to modify and/or eliminate
any aspect(s) of the Site or its services as it sees fit in its sole discretion
without any liability to you, including, without limitation, to remove any content.
5. International Use. You agree to comply with all local laws and rules regarding
online conduct and acceptable content. Without limiting the foregoing, you agree
to comply with all applicable laws regarding the transmission of technical data
exported from England and Wales , United States, Canada or the country in which
you reside.
6. Intellectual Property. Except for the personal information and content submitted
by users of the Site, all other content and software included therein are owned
by Directly.me or its licensors, and are protected by the laws of England and Wales
and other international intellectual business laws. Without limiting the foregoing,
"DIRECTLY.ME" and Directly.me graphics, logos, page headers, buttons, icons, scripts
and service names are trademarks or trade dress of Directly.me in the England and
Wales and/or other jurisdictions. You may not use Directly.me's trademarks and trade
dress in connection with any product or service that is not Directly.me's, in any
manner that is likely to cause confusion among customers or subscribers, or in any
manner that disparages Directly.me. Except as expressly provided herein, Directly.me
and its licensors do not grant you any express or implied rights, and all rights,
title and interest that Directly.me has in and to the Site (including all content
and services therein) that are not expressly granted by Directly.me to you are retained
by Directly.me.
7. Your License from Directly.me. Subject to the terms of this Agreement and so
long as you remain compliant with such Agreement, Directly.me grants you a non-exclusive,
limited, fully revocable license to use the software and content contained on this
Site. You may not modify, publish, transmit, transfer, sell, reproduce, upload,
post, distribute, perform, display, create derivative works from, or in any way
exploit such Site content or software, except as Directly.me expressly permits in
this Agreement or otherwise on the Site. Your use of the Site content or software
for any purpose other than as expressly permitted in this Agreement or the Site
is a violation of the intellectual property rights and other proprietary rights
of Directly.me and may subject you to civil liability and/or criminal prosecution
under applicable laws.
8. Your License to Directly.me. When you provide us with content or create content
on the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
fully paid-up, sublicensable right throughout the world to exercise all copyright,
publicity, and other rights you have in the content in any media known now or in
the future. Such rights include, without limitation, all rights you have in use,
distribution, reproduction, modification, adaptation, creation of derivative works,
translation, public performance and public display of the content. You also hereby
waive any moral rights you may have in such content under the laws of any jurisdiction.
We reserve the right to remove or modify any content you provide to us or otherwise
post on the Site at our sole discretion and without prior notice or any liability
to you. Your content remains your content and we don't control, verify, or endorse
the content that you and others make available on the service.
Please respect the rights of artists, inventors, and creators. Content may be protected
by copyright. People appearing in content may have a right to control the use of
their image. If you share content on the service in a way that infringes others'
copyrights, other intellectual property rights, or privacy rights, you're breaching
this agreement. You represent and warrant that you have all the rights necessary
for you to grant the rights in this section and the use of the content doesn't violate
any law. We won't pay you for your content. We may refuse to publish your content
for any or no reason. We may remove your content from the service at any time if
you breach this contract or if we cancel or suspend the service.
You're responsible for backing up the data that you store on the service. If your
service is suspended or canceled, we may permanently delete your data from our servers.
We have no obligation to return data to you after the service is suspended or canceled.
If data is stored with an expiration date, we may also delete the data as of that
date. Data that is deleted may be irretrievable.
9. Intellectual Property Complaints. Directly.me respects the intellectual property
rights of others. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual business listing rights have been otherwise
violated, please provide Directly.me's designated agent with the written information
specified below:
a. An electronic or physical signature of the person authorized to act on behalf
of the owner of the intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you
claim has been infringed;
c. A description of where the material that you claim is infringing is located on
the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright or other intellectual property owner, its agent,
or the law;
f. A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual business owner's behalf.
Directly.me's designated agent for notice of claims of copyright or other intellectual
property infringement on the Site can be reached as follows:
By mail:
Intellectual Business Listing Agent
c/o Directly.me
5 Greenwich view place 7th floor
London E14 9nn
UK
By email: ipcomplaint@Directly.me
10. Privacy. Use of the Site is also governed by Directly.me's Privacy Policy, a
copy of which is currently located and
which is incorporated into this Agreement by reference.
11. Transactions with Third Parties. Although we created Directly.me to reduce the
steps in six degree of separation, we do not control many of the things that happen
inside of it and you acknowledge that Directly.Me is not responsible for any external
sites and does not endorse such sites or any product or service referred to on such
site whatsoever. We do not generally regulate the content of communications between
users nor do we monitor users' interactions with the Site. Just like in the real
world, you should exercise common sense when dealing with others. In particular,
if you enter into a transaction with another user of the Site, your transaction
is solely with that user. Although Directly.me may provide a mechanism to help facilitate
such activities within the site, Directly.me will have no responsibility or liability
for such activities and cannot guarantee that you will have the same legal rights
with respect to those transactions as if they had occurred in the real world (e.g.,
including but not limited to contacting someone directly or buying someone’s life
experience).
12. Links. This Site contains links to other sites that are not maintained by, or
related to, Directly.me. Links to such sites are provided solely as a convenience
to you and do not imply any endorsement by Directly.me of, any affiliation with
or endorsement by the owner of the linked site. Directly.me has no control over
such third party sites. Directly.me is not responsible for the availability of such
external sites and no endorsement of any third party products or services is expressed
or implied by any information, material or content referred to or included on or
linked from or to the Site. Directly.me does not assume responsibility for the accuracy,
completeness, accessibility and usefulness of the information, data, opinions, advice
or statements contained at such sites and your access and use of such third party
sites, including any information, material, products and services therein, is solely
at your own risk. Directly.me accepts no liability for any direct, indirect, incidental,
special, consequential, punitive or other losses or damages of whatsoever kind arising
out of access to or use of any linked website or any information or reliance on
any such content, goods or services available on or through any such linked website.
You also understand and agree that Directly.me's Privacy Policy is applicable only
while you are using the Site. Once you are linked to another website, you should
read the privacy statement of that website before disclosing any personal information.
13. Indemnification. As a condition of your access to and use of the Site, you agree
to hold Directly.me and Directly.me's directors, officers, employees, agents, attorneys,
subsidiaries, affiliates, independent contractors, advertisers, partners, co-branders
and sublicensees and each of their respective successors and assigns (collectively,
the "Directly.me Indemnitees") harmless from, and indemnify them for, all damages,
costs, expenses and other liabilities, including but not limited to lawyers’ fees
and expenses, relating to any claim arising out of or related to: (i) your access
to and use of the Site and the content therein; (ii) your violation of this Agreement,
the Privacy Policy, any applicable law or the rights of another person or party;
(iii) any dispute you have or claim to have with one or more users of the Site;
(iv) Directly.me's resolution (if any) of any dispute you have or claim to have
with one or more users of the Site; (v) your improper authorization for Directly.me
to collect, use or disclose any data or content provided by you; and (vi) any disclosures
made with your permission (including, without limitation, your consent that Directly.me
disclose your personal information and other information collected as set forth
in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Directly.me
will have the right but not the obligation to resolve disputes between users relating
to the Site and Directly.me's resolution of a particular dispute does not a create
an obligation to resolve any other dispute; and (b) Directly.me's resolution of
a dispute will be final with respect to the Site. You further agree to hold the
Directly.me Indemnitees harmless from, and indemnify them for, all damages, costs,
expenses and other liabilities arising out of or in any way connected with Directly.me's
resolution of disputes relating to the Site.
14. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE
IS PROVIDED BY DIRECTLY.ME ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, DIRECTLY.ME MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION
OR CONTENT INCLUDED ON THE SITE. DIRECTLY.ME MAKES NO REPRESENTATIONS OR WARRANTIES
THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIRECTLY.ME EXPRESSLY DISCLAIMS
ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE OR PERFORMANCE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE
SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECTLY.ME
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE
OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS,
LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF DIRECTLY.ME HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. DIRECTLY.ME'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID TO DIRECTLY.ME DURING
THE PERIOD THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. YOU AGREE
THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO DAMAGES OF ANY
KIND. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES, AND THEREFORE
SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. General Provisions.
a. The laws of England and Wales govern this Agreement. You agree to the personal
and exclusive jurisdiction of the Courts located in England and Wales, being the
jurisdiction in which the registered offices of Directly.me are located, in the
event of any dispute pertaining to this Agreement, any and all content posted by
users on the site and/or in connection with the Directly.me services. YOU HEREBY
IRREVOCABLY WAIVE ANY AND ALL OBJECTIONS RELATED TO THE LAW OR CHOICE OF LAW GOVERNING
THIS AGREEMENT AND/OR TO THE CHOICE OF THE COURTS LOCATED IN England and Wales AS
THE SOLE AND EXCLUSIVE VENUE TO HEAR AND RESOLVE ANY ACTION, CLAIM, DEMAND, SUIT
OR PROCEEDING AGAINST Directly.me IN CONNECTION WITH THE SITE, ANY AND ALL POSTINGS
THEREON, THE Directly.me SERVICES OR THIS AGREEMENT.
• The courts of England and Wales have non-exclusive jurisdiction.
If you are not a legal resident of England and Wales, this Agreement shall be governed
by the laws of England and Wales, without regard to principles of conflict of laws
that would result in the application of different law; and in such event you and
Directly.me agree to submit to the personal and exclusive jurisdiction of the courts
located in England and Wales. The United Nations Convention on the International
Sale of Goods is explicitly excluded from this Agreement.
b. Changes to the Agreement. Directly.me may modify the terms of this Agreement
at any time at its sole discretion. Such modified Agreement will be effective immediately
upon posting to the Site where the prior version of this Agreement was posted. You
agree to be bound to any changes to this Agreement when you use the Site after any
such modified Agreement is posted.
c. Waiver. The failure of Directly.me to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such right or provision.
d. Severability. If any term or other provision of this Agreement is found by a
court of competent jurisdiction to be invalid, illegal or incapable of being enforced,
the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and all other terms and other
provisions of this Agreement shall nevertheless remain in full force and effect.
e. Assignment. Neither this Agreement nor any of the rights or obligations hereunder
may be assigned by you without the prior written consent of Directly.me. Directly.me
may, without your consent or notice, assign all or any portion of its rights and
obligations hereunder.
f. Titles. The titles, captions or headings in this Agreement are inserted for convenience
of reference only and are not intended to be a part of or to affect the meaning
or interpretation of this Agreement.
g. Other Rules. Directly.me may have additional or other rules that govern your
use of particular services, contests or promotions available on the Site, and may
change such rules from time to time. Those rules will be made available to your
prior to or at the time of your use of such services or entry in such contests and
promotions. Please read those rules carefully. In the event of a conflict between
this Agreement and those rules this Agreement shall prevail
h. Entire Agreement. This Agreement constitutes the entire agreement between you
and Directly.me governing your use of the Site, and supersedes all other prior agreements
and communications, whether oral or written, by any party hereto with respect to
the subject matter hereof.
i. Language. You agree that English will be the language of the Site and of all
transactions occurring in connection with the Site, and you agree to waive any right
to use and rely upon any other language or translations. It is the express intention
of the parties that this Agreement has been drawn up in English.