Terms and Conditions
This Website is part of “The Services” operated by TellTrail Enterprises Limited “The Company” and your use of The Services is conditional on your full agreement and acceptance of these Terms and Conditions.
Please read the following Terms and Conditions carefully and if you do not or cannot accept them as a contract between The Company and yourself then you must disconnect from The Services.
2. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the specified meanings:
“Website” : means the website that you are currently using (e.g. www.TellTrail.com)
“TellTrail” : means TellTrail Enterprises Limited of Abacus House. 68A North Street, Romford. RM1 1DA. (references to “we”, “us” and “our” should all be read as referring to TellTrail);
“User” : means any third party that accesses the Website and is not employed by TellTrail and acting in the course of their employment (references to “you”, “your”, “yours” and “yourself” should all be read as referring to you as a User);
“Product” : means the facilities provided by TellTrail through this Website for the controlled storage, organisation, retrieval and sharing of information and images; for contacting or soliciting the views of others;
“Content” : means any data, images or other information stored on the Website by TellTrail, it’s staff and contractors or its membership;
“Permitted Use” : means the use of the Product as set out in sub-Clause 2.1;
“Content”: means any addition or alteration to the information held and/or displayed on the Website in compliance with Permitted Use;
“Member” : means any User that accesses the Website through an account that they have previously registered with the Website and which entitles them to submit Content;
“Guest” : means any User that accesses the Website without using a previously registered Website account and who can therefore only view certain Content; and
“Business Member” : means any Member using the Product to represent a business and/or in furtherance of commercial benefit or advantage; and
“Charitable Member” : means any Member invited or approved to use the Product in furtherance of charitable or non-profit objectives; and
“Personal Member” : means any Member using the Product exclusively for social, domestic and leisure purposes; and
“UserName”: means the unique name reserved during registration for a Personal Member’s use and identification within the Website;
“Standard Product”: means those parts of the Product offered free of charge to Personal Members
“Vendor Product”: means those parts of the Product offered free of charge to Charitable Members and subscribed Business Members;
“Premium Product”: means those parts of the Product available only to Personal Members and not included in the Standard Product;
“Fee” : means a monetary payment required by The Company for your use of, or access to, specific chargeable facilities
“Subscription Fee”: the Fee paid by Users to access and use the Business Product or the Premium Product for one calendar month;
“Subscription Period” : means one calendar month commencing on payment of the Fee;
“Gold Member”: means any Personal Member during their active pre-paid Subscription Period for the Premium Product;
3. General Conditions of Use
To protect The Services provided to genuine members of our community we insist that all users of The Services read and agree to our Terms and Conditions of Use. As this is a legal agreement between us and yourself, it requires that you are at least 18 years of age and eligible to be bound by such an agreement. If you are under 18 your membership must be sponsored by a responsible adult member who accepts these Terms and Conditions on your behalf, otherwise we regret that you must exit The Website forthwith
You agree to abide by all applicable laws and regulations in your use of The Services and will not infringe the rights of TellTrail or others. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Access to this Website may be suspended temporarily or experience downtime, and without notice for any reason(s).
We may from time to time amend these Terms and Conditions and/or The Services provided, acting entirely at its own discretion, without prior notice and effective upon posting to The Website where they can be referenced via clearly identified links. If you do not agree to the changes, you must request that your account be closed. Your continued use of The Services will signify your unconditional acceptance of the updated terms.
Nothing in this policy shall limit, prohibit, or otherwise deny the ability of TellTrail to:
- Transfer, assign, or sell our assets to a third party without limitation, or,
- Dispose of our assets in any manner, through bankruptcy or similar proceeding.
- We makes no warranties or claims regarding the accuracy or completeness of the information we collect and disclose through our site, and disclaims any liability regarding its use.
- We may assign all or part of our rights or duties under this agreement; you may not do so without our prior written consent.
4. Law & Jurisdiction
This contract shall be governed by English law and any disputes will be decided only by the English courts. This legal notice applies to the entire contents of this website under the domain www.TellTrail (the "Website") and to any correspondence by e-mail between us and you.
These Terms and Conditions cancel and replace any Terms and Conditions previously agreed to, even if the latter have not been expressly withdrawn or amended. Any use of this website indicates that you accept these terms without modification regardless of whether or not you choose to register with us as a member and constitutes you being a party to this agreement. If you do not accept these terms, do not use this website.
Once you have completed your online registration procedure and your membership has been activated, you have entered into a legally binding contract for the provision of TellTrail facilities (the "Service"). If you are a consumer your statutory rights are not affected by this agreement.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth 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 agreement shall continue in effect. Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of this agreement or your use of this website. If you and TellTrail have entered into a separate written agreement that covers your use of The Services, the Terms and Conditions of such agreement shall prevail to any extent that they are inconsistent with this member agreement.
7. Membership Classes, Premium Services and Zones
We aims to serve entire communities and therefore supports casual guest visitors and a number of membership classes:-
Personal: Free to join with optional upgrade to ID-verified (Gold) status via a nominal monthly subscription
Charitable : (Including approved non-profit organisations) Free to join subject to verification
Business: Subscription membership available only to businesses recommended by Public members
We reserve the right entirely at our discretion to enhance the site with a number of facilities, incentives and rewards (Premium Services) and to restrict eligibility for these enhancements to specific membership classes and/or sections of our membership community by their optional participation in site zones.
These Terms and Conditions apply throughout unless explicitly applicable to specific membership classes and/or zones of the site.
8. Membership Conditions
You agree and commit that:-
Personal Membership: You will use the account for personal purposes and not use or attempt to use your membership for any commercial or business purpose. This does not exclude ad-hoc sales of personal items through the Classifieds section.
Business Membership: You have the authority to legally bind that business entity and will comply with all applicable laws relating to its business practices.
Charitable Membership: Your account will faithfully and exclusively be used to act for and on behalf of that charitable organization.
9. Membership Exclusions
You are not eligible to enter into this agreement must not apply to become a member and are expressly forbidden to use The Website in any way if :-
- You have been convicted of any offence - or subject to any court order - relating to fraud, assault, violence, sexual or racial misconduct or harassment (including trolling and stalking).
- You have misrepresented yourself in order to gain access contrary to these Terms & Conditions
- You are under 13 years of age, or under 18 years old without parental sponsorship and acceptance of these Terms and Conditions on your behalf
- You are a past employee or contractor of The Company and do not have written permission from The Company excusing this exclusion
- You have previously been excluded or refused membership of The Services by The Company
10. Membership & UserNames
We reserve the right solely at our discretion without reason or justification to refuse any membership application and to inhibit or refuse any specific attempts to access The Services at any time. You shall not become a member until you have successfully logged in to The Website using your nominated email and the start-up password link issued to you via that email. By registering with The Services you warrant that:
- You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms and Conditions of this agreement.
- Your registered email address is a valid means of communication with you, and will remain up-to-date.
- Your supplied contact information is accurate and complete, including but not limited to your month and year of birth, your full name and address of residence.
- You have not already registered with The Services. In general, only one account per membership class may be active at any point in time although this does not restrict users from having memberships in multiple classes or zones of the site.
Any similarity between different TellTrail UserNames and/or a TellTrail UserName and a similar or equal UserName in any other system is entirely coincidental and should not be interpreted as indicating some meaningful association between the Users.
You accept that all UserNames within The Services remain the property of TellTrail and may be suspended or withdrawn at any time and for any reason(s) at our sole discretion. Action may be taken against UserNames which at our sole discretion are considered as representing any form of contact information (URL, email, phone, etc) or are potentially offensive, inappropriate or misleading.
11. Public Profile Information
The Website has been designed to support personal members’ requirements for privacy and selective sharing of information.
However, personal members accept that this is a social media website and, for general site functionality, certain profile particulars – if supplied or available - will always be publicly viewable:-
UserName: Your chosen identity within The Services
Profile Image(s): Optional image(s) associated with your UserName
(if not supplied a gender-based avatar is displayed)
Membership: Membership class & status, e.g. Gold Member
HiLine: Optional line of introduction to other members
Location: Displayed as Town & Country only
Site Usage: Date of registration and last login
Charitable and Business members subscribe to The Services with the intention of increasing their public visibility, their organization or trading name, if necessary supplemented by address detail, is used to derive a unique UserName and public viewing is the default.
12. Profile Privacy
Non-public details of your Profile (see above) are used internally by Us to confirm your identity and may only made available to member searches at your discretion.
13. Website Content
Any activity that changes one or more aspects of the underlying database is regarded as posting content to The Website, guests cannot add content and all content contributions are traceable to the submitting UserName. You represent and warrant that at any time of posting, submitted content is accurate, lawful, not in breach this agreement, and is not harmful to any person in any way.
When you submit content to The Services, you grant us – and warrant that you have the right to grant us - a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
14. General Privacy
All photo albums (other than profile images) and general content publications are subject to the authoring member’s choice from a comprehensive set of privacy and circulation settings.
You accept that we may also maintain records of your Website usage, navigation and click-through activities and consent to us using this information to build up a profile of interests, preferences and browsing patterns in order to enhance and optimise your use of The Services.
In addition to the above, you accept that we will track business feedback given and received by each UserName and that any business feedback is public information.
You must not:-
- Reveal personal information relating to yourself or any other person unless you have the subject’s full authorisation and it is responsibly appropriate for you to do so;
- Publish or send any member content referring to or belonging to other persons without having obtained their prior consent;
- Publish or send any member content which links to any third party websites that are unsafe, illegal or contain inappropriate content;
Any material – excluding personal or private information - that you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our agents will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, text and other things embodied therein for any and all commercial or non-commercial purposes.
We may use customer information for additional purposes that may be identified at or before the time that the information is collected. We also use information from customers for accounting and transaction completion purposes.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process with The Services, and you are fully responsible for all activities that occur and all content submitted to The Services under your username and password. You may not disclose or share your password with any third parties or use your password for any unauthorised purpose and further commit that you will not attempt to gain unauthorised access to any part of The Services or equipment used to provide The Services, nor to any other members' private details.
If you have lost control of your password, you could be subject to legally binding actions taken on your behalf, therefore, if you believe your password has been compromised for any reason, you should immediately change your password. We are not liable if your identity is used by someone else.
You agree to (a) immediately notify us of any unauthorised use of your UserName or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You accept that we do not have the contractual obligation nor technical means to verify the identity, profiles or content of persons who use our services; we keep no record of guests. Standard Website members are potentially identified only by an email response. You should therefore be mindful that all other details are taken on trust and not assume that all website content is necessarily accurate or genuine. We cannot be liable for false or misleading statements by members. You must take appropriate steps to investigate member content if you intend to act on it. When arranging to meet another person through use of The Services you must always exercise reasonable and appropriate caution. Whether intending to conclude a sale or to pursue a common hobby or sport you should consider factors such as the proposed time and place of meeting and decide whether to be accompanied by a friend or to take other precautions. Active members of the restricted zones who may arrange to meet have the benefit of knowing that each of them is traceable.
16. Discovery: Your use of Other Users' Information
You must not make any attempts to discover the identity of Website members. If another member discloses any identifying information (name, telephone, address etc.) as part of an intended or potential transaction, then you may use and retain that information exclusively for the duration and purpose of that transaction. On completion or failure of that transaction you warrant that all records, note and copies of the other member’s personal information will be destroyed and will not in any way be retained. You may not use other user’s information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate the accounts of those who misuse other user’s information or who otherwise violate these Terms and Conditions of Use.
You will not publish or send any member content or communications to us which are false or misleading (and you agree to update member content to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or other rights or which there is encouragement of the previous. The information that you supply to us and post on The Website must be accurate and conform to reality.
We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
16.3 System Integrity and Loading
Under these Terms and Conditions you agree not to transmit, upload or distribute in any way files that contain viruses, corrupted files, worms or any other software or programs that may damage or disrupt the operation of The Services or of another's computer. You agree that you will not to interfere or disrupt networks connected to The Services, nor will you use any device, software or routine to attempt to interfere with the proper functioning of this website. You agree that you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our resources.
You agree that you will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for you own content) from our website without the prior expressed written permission of TellTrail and the appropriate third party, as applicable. In the event that you post or make accessible communications or other materials that infringe the copyright of a third party, we may immediately terminate your access to The Services and you could be served legal process by the injured third party.
18. Intellectual Property
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on The Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
19. Content Publication
You supply all content to The Website in the understanding and expectation that, subject to these Terms and Conditions, we will endeavour to faithfully publish some or all of that content to designated users of appropriate areas of The Website for the purpose of informing, advising, entertaining or otherwise communicating with nominated sections or all of the wider TellTrail community.
You accept that information you provide when you submit public content is posted in public areas and potentially available to all visitors including guests. It is your responsibility to decide which information to submit as your public content, to ensure that it does not inadvertently compromise your anonymity and to ensure that it is appropriate material for the intended recipients. We cannot be held liable for any misuse thereof by any other User or third party.
20. Monitoring and Reporting
We encourage members to report instances of inappropriate member content although they are not obliged to do so.
We do not solicit or control the information provided by other users that is made available through our system. Should you find any such content to be offensive, harmful, inaccurate, deceptive or otherwise in breach of these Terms and Conditions you should use the “Report” feature to advise us of inappropriate content or activity.
You acknowledge that such notification may take place and that we may take steps outlined in these Terms and Conditions in respect of such information that comes to our attention. We reserve the right not to accept or to suspend or remove from our services all or part of any profile or any member content for any reason.
We may at any time re-categorize, disable, or suspend content which contains offensive or inappropriate material in the text or image(s). If your content is re-categorized, disabled, or suspended, you may be notified by email. Content whose primary purpose is to direct members to another website, store, or business are not allowed in general categories unless specified. Portal content may be re-categorized or disabled.
You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with The Services.
21. Use of Content
You may view and print out web pages from The Website for personal use, provided that you maintain all copyright notices, but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue information or material on the site, except as expressly permitted by us or these Terms and Conditions of use.
You may not engage in any activity with the purpose of aggregating, analysing, extracting or republishing any content of The Website or obtaining lists of users or other information regarding individuals or businesses who use the site, and you may not use contact information regarding individuals or businesses that is provided on The Website other than for the purposes for which such information is provided.
You agree not to publish, post, promote or otherwise transmit through The Services any material that is unlawful, harassing, defamatory, abusive, libellous, slanderous, threatening, harmful, hateful, racially, ethnically or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations.
You agree not to publish, post or promote any telephone number, e-mail address or website address in your profile on The Website belonging to any 3rd party. Under the Terms and Conditions of this agreement you agree not to engage in surveys (except as expressly supported in our Polls facility), contests, chain letters or post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail. You agree not to use The Services to promote another service, site and/or business or solicit other members’ business or buy or sell products and/or services except in those areas of TellTrail that are expressly provided for these activities.
22. General Subscriptions
General use of The Website by personal and charitable account is completely free with no extra or add-on charges.
Where subscriptions do apply, i.e. Business accounts and Personal account upgrades to Gold, a monthly recurring subscription is established for mutual convenience but the member remains free to cancel the arrangement at any time.
While many services are available free of charge, you acknowledge that subscription services are available only to Members on payment of a fee and accept responsibility for paying all applicable fees, taxes and duties associated with your use of our services in a timely manner with a valid and current payment.
We may, at our sole discretion, change some or all of our services, our Fees and Payments Policy, and/or the fees for our services. Unless otherwise stated, prices are quoted in pounds sterling and include applicable taxes. Circumventing TellTrail fees and payments is prohibited
22.1 Gold Upgrade Subscriptions
Personal members who elect to upgrade for Gold Membership Services and benefits accept responsibility for all monthly subscription fees prior to cancellation and authorise us to levy the agreed charges on the due dates without further authorization from you until further notice.
22.2 Business Subscriptions
Business subscription terms and benefits may vary from time to time and will specify an initial payment followed by a recurring monthly subscription. Applicable rates and terms are presented upon initial membership enquiry and you accept these terms without reservation when you proceed to full registration of The Website. Upon entering into this agreement, you accept responsibility for all charges prior to cancellation and authorise us to levy such charges on the due dates. TellTrail may then submit the agreed charges without further authorization from you until further notice.
We aim to avoid revising agreed Business rates within the first year of continuous membership but whenever it proves necessary to do so we will advise affected members giving a full month’s notice of the proposed changes.
Business members may cancel or alter existing payment arrangements by giving no less than 7 days from receipt of that notice at TellTrail. To change or cancel your payment arrangements go to http://www.TellTrail/paychange.
22.3 Cancelling Subscriptions
If you terminate your subscription, your subscription will remain active until the end of the period through which you had paid prior to your termination. Failure by you to pay any subscription by the due date may be treated by us as summary notice of cancellation for your membership or that part of your membership for which subscription was due and we are at liberty to terminate the subscribed services forthwith.
At our sole discretion, all materials including but not limited to content, feedback, points or credits associated with the cancelled membership may be irrevocably deleted upon termination.
If we terminate your membership in the subscribed service because in our sole discretion you have breached this agreement you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. However, if we terminate your membership of a subscribed service and for reasons other than an adjudged breach of this agreement, we will undertake to refund any unused pre-payments made by you, less a reasonable adjustment for costs and losses incurred. You accept that we will only refund pre-payments for complete months unused and you waive any claim for refunds in respect of any month during which termination or cancellation notice period occurs.
23. Business Feedback & Ratings
You may not take any actions which may undermine the integrity of the ratings system, such as leaving positive ratings for yourself using a secondary member account or third party, leaving negative ratings for other members using secondary accounts or third parties, or leaving negative ratings if a member fails to perform some action that is outside the reasonable scope of the transaction.
24. Points, Credits and Incentives
You accept that we may at our sole discretion and without compensation to the members, launch or suspend operation of incentive point schemes for its membership. Points and credits have no monetary value whatsoever cannot be traded or exchanged except as explicitly stated within the relevant scheme and may not be transferred to other persons or memberships to gain an advantage in points related competitions, We shall at our sole discretion judge what is deemed gaining an advantage. When an account is closed (cancelled or terminated), any points, credits, feedback, comments or other materials relating to the closed account are forfeit and you accept that we may delete them from our files.
25. Commission Rewards
We may at our sole discretion offer monetary commission rewards to our members or selected sections of our membership. You accept that all such commissions are conditional on TellTrail at its sole discretion remaining satisfied that reward criteria were genuinely achieved in compliance with all associated conditions and that you have remained in full compliance with these Terms and Conditions throughout.
26. Credit Transfers & Donations
We will offer and faithfully discharge your ability to transfer some or all of your monetary credit on demand as dictated by your choice of website options to:-
- Transfer some or all of your balance as a donation into a TellTrail charitable member’s account
- Transfer some or all of your balance to credit a selected TellTrail member’s account
We may at our sole discretion offer and/or require members use of other payment processing systems. In the event of a replacement, we will notify members and offer alternative(s) with no less than 28 days notice of the change.
27. Credit Balances
We will faithfully apply approved commissions and authorized transfers to or from your TellTrail monetary account and hold, maintain and privately display your credit balances through The Website.
You accept that the values displayed are in – or converted to - the currency associated with your TellTrail account.
You also accept that these values remain subject to revision and correction under these and that in some circumstances we may display potential commission from incomplete transactions awaiting further action, verification or other processes.
28. Payment Claims
You have the right to claim some or all of your monetary credit balance to be paid to your email via PayPal and we will maintain this option through The Website. You accept that we have the right to determine and apply at our sole discretion a minimum payment limit and reasonable handling charge for each claim. Any such minimum and/or handling fee will be displayed at the time of claim and must be accepted by you before proceeding with the claimed payment.
You accept that we are not responsible for any charges or deductions applied by the payment processor subject to their own Terms and Conditions and any disputes in this regard must be relayed directly to the payment processor.
We may at our sole discretion offer and/or require members use of other payment processing systems. In the event of a replacement, we will notify members and offer alternative(s) with no less than 28 days notice of the change.
29. Currencies & Currency Conversion
The Website directly supports a variety of major currencies and transactions for members resident in countries where these currencies apply would not normally incur currency conversion. Subscription applications from countries outside of these territories may be offered their choice of supported currencies and quoted accordingly. Any currency conversion on subscription or outgoing commission payment will be external to The Website and determined by the payment provider; you must confirm acceptance of those terms in order to proceed with subscription.
TellTrail members’ commission funds being transferred or donated to a foreign member, or where commission accrues from a foreign transaction may require currency conversion within The Services and for these purposes we will perform calculations by reference to a reputable, contemporary, public exchange rates table selected for this purpose at our sole discretion. In the case of inter-currency transfers and donations, you will be informed and required to confirm acceptance of our calculations before the transfer is carried out.
30. Prohibited Activities
We reserve the right to investigate and terminate your membership if you have misused The Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful, illegal or contrary to these Terms and Conditions.
The following is a partial list of the type of actions that you must not engage in with respect to The Services:-
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by TellTrail without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of The Services or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in The Services.
- You will not interfere with or disrupt The Services or The Website or the servers or networks connected to The Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses 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.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through The Services.
- You will not "frame" or "mirror" any part of The Services or The Website, without TellTrail's prior written authorisation. You also shall not use meta tags or code or other devices containing any reference to TellTrail or The Services or The Website in order to direct any person to any other website for any purpose.
- You will not transmit or post any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world.
- Except and only to the extent permitted under applicable law, you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of The Services or The Website or any software used on or for The Services or cause others to do so.
- post, list or upload content or items in an inappropriate category or areas on our sites;
- breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
- breach our policies including, without limitation, the prohibited and restricted items policies and the other policies linked to from the "Additional terms" section below;
- post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to TellTrail;
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-TellTrail sites or for using it for purposes unrelated to TellTrail);
- transfer your TellTrail account (including feedback) and user ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm TellTrail, or the interests or property of TellTrail users;
- copy, modify, or distribute content from our sites and TellTrail's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
31. Prohibited Content
The following is a partial list of the kind of content that is illegal or prohibited on The Website. We reserve the right to amend this list at any time and to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from The Services and terminating the membership of such violators.
It includes content that:-
- is considered offensive to members of the online community, such as content that promotes racism, bigotry, hatred, persecution or physical harm of any kind against any group or individual;
- constitutes a profile or photographs of any third person used without their permission.
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- contains material that exploits people, promotes abusive treatment, or solicits personal information from others;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
32. TellMail Emails
Although we cannot be held responsible for monitoring the conduct of our members off The Website, it is also a violation of these rules to use any information obtained from The Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. 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 within any 24-hour period to a number which we deem appropriate in our reasonable discretion.
We or third parties including website members may provide links on our site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.
33.1 Website Links and Contact Information
We do not allow and may take action against links that :-
- reference illegal, obscene, offensive, or inappropriate material
- attempt to circumvent fees and usage of our site
- reference a competitor of TellTrail
In addition, we recommend against the exchange of contact information (such as an email address, telephone number, or mailing address) until terms have been agreed upon.
Contact information and inappropriate URLs are not permitted:-
- within a content publication's title, description, or images
- as part of a sign-in name
Failure to follow these guidelines may result in permanent suspension of content publication or of your account.
34. Restricted language
We prohibit the use of language that is of a racist, hateful, oppressive or aggressive nature in public display on The Website.
We may permit certain content publications that contain profane words as a legitimate part of the title, product name or legitimately inoffensive communication between friends or in the context of The Website zone.
However, these words may only be permitted within certain categories of publication and we reserve the right to mask any suspect words with asterisks (or similar substituted characters) in an effort to censor profanities, to suspend any content publication deemed inappropriate at our sole discretion and to take any action we consider appropriate against repeat or extreme offenders.
We will not tolerate any content that promotes sexual abuse, intimidation or victimization whether of adults or minors.
35. Classified Adverts
All classified ads and transactions on The Website must comply with the Classified ad guidelines and member agreement. Sellers and buyers are responsible for all aspects of transactions in which they participate.
Sellers and buyers are responsible for reviewing and complying with any applicable laws, regulations, or restrictions for the city, county, state, region, and country in which both the buyer and seller reside. This includes laws, regulations, or restrictions on items and services, and the method of sale or exchange in which buyers and sellers participate on The Website. These classifieds are not legally binding offers to sell but serve as advertisements to attract potential buyers, informing them of an opportunity to conduct a transaction outside of The Services.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of The Services.
You accept that we are not responsible for resolving disputes between parties. You are solely responsible for your activity on The Website and your interactions with other members. We reserve the right, but have no obligation, to monitor disputes between members.
If there is any dispute about or involving The Website and/or The Services, by using The Website, you agree that the dispute will be governed by the laws of England and Wales without regard to its conflict of law provisions. You agree to personal jurisdiction by and judgement in the courts of London, United Kingdom. In the event of any dispute you accept that we act in good faith as a passive conduit for the online distribution and publication of submitted material and release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes
38. Suspension of Services
We, at our sole discretion and without being obliged to justify or explain the decision, may modify, suspend, or delete any member content or Website membership immediately, and without notice, if we believe that you have not acted in compliance with these Terms and Conditions of Use. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and/or any of your member content on The Website if you breach this agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in illegal activity in connection with our site.
39. Termination of Services
We may terminate your membership and/or access of the site at any time and for any reason or no reason by serving 1 day’s notice of termination on you, or immediately if you have in our sole discretion breached these Terms and Conditions. Upon termination of The Services, your right to use The Services immediately ceases and you acknowledge and agree that we may immediately delete all files in your account, and prevent any further access to such files or The Services. We shall not be liable to you or any third party for termination of your membership in accordance with these Terms and Conditions.
40. Suspension and Termination of Agreement
We can terminate this agreement at any time by giving you reasonable advance written notice. In the case of violation of one or more of the terms of this agreement we may block the offending account, delete prohibited content and prevent publication of all or part of your member content. We may also block your access to all or part of The Services, either permanently or temporarily.
41. Community Protection
You accept that we will, at our sole discretion, retain such summary information from closed accounts as it deems necessary to enforce permanent account suspension of terminated accounts and to prevent members shedding negative history through account closure and reinstatement. You also accept that we may exercise this role of community protection but are under no obligation to do so.
42. Inactive Accounts
We may deactivate and terminate the accounts of members who have not used The Services for a period of six months or more (as calculated by the date of last connection to The Services) unless you are a paying subscriber.
- Information we may collect
- How we may use information we collect
- Disclosure of Personal Data
44. Dealing with Third Parties
Any correspondence or business dealings with any third parties including merchants, sellers, and other members or advertisers found on, or through, The Website is solely between you and such parties. We are not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not us, are responsible for compliance with all laws applicable in any such transaction.
46. Data Security
Your personal data is stored on secure dedicated database servers. We also maintain physical and procedural safeguards in connection with the collection, storage and disclosure of personal data.
You accept that we are not responsible for any damages you may suffer as a result of you communicating confidential information over the Internet or if The Website communicates such information to you at your request.
These Terms and Conditions were revised on Monday, 27th October 2014
48. Customer Service
When communicating with our customer care representatives, you must not to be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.