Legal Information - Me2everyone Terms of Use

Me2everyone Terms of Use Agreement
26th August 2011

Welcome Notes

1.1 Complete Earth Organisation SA (also referred to as “Complete Earth”) is a company based in the Seychelles that owns various websites including www.me2everyone.com, www.me2everyone.net (collectively known as “M2E”). In May 2011 Complete Earth entered into a 30 year licence and business development agreement with M2E Holdings PLC, based in England and between them they established Me2everyone Virtual Worlds Limited, M2E Support Limited and M2E Evolution Limited to handle website development, membership support and sales (collectively known as “Me2everyone”).

1.2 M2E gives our visitors a chance to learn about the benefits of members and ask any questions they have. We also give our members the chance to communicate with other members as we continually evolve features within M2E.

1.3 Central to our mission is to share our global income with our members (via the Member Rewards System) or else to enable our members to become a shareholder of M2E Holdings PLC at zero cost or liability to them, under an agreement with Complete Earth.

1.4 Where in this Agreement the words: “we”, “our” or “us” are given, reference shall mean Complete Earth Organisation SA and M2E Holdings PLC.

1.5 This Agreement is written in English and if any translated version of this Agreement conflicts with the English version, the English version takes precedent.

Our details

2.1 The full name of our company is Complete Earth Organisation SA and we are registered in Seychelles. Our address for written communication only is:

Global Gateway 2416,
Rue De La Perle
Providence, Mahe,
Seychelles

2.2 Or you may contact any organisation which makes up Me2everyone at:

M2E Holdings PLC
Me2everyone Virtual Worlds Limited
M2E Evolution Limited
M2E Support Limited

These companies are registered at:

163-167 King Street
Dukinfield
Cheshire
SK16 4LF
United Kingdom

Using our Website

3.1 Visitors (or guests) are the people who view our website without registering their details and becoming a member. In this area of the website you are limited to finding out more about Me2everyone.

3.2 To become a Member you are required to accept our Terms of Use and provide us with some personal information which is held in accordance with our Privacy Agreement.

3.3 Visitors and Members may be described as Users and you agree to be bound by the terms of this Agreement.

Additional Notes about this Agreement

4.1 We may update or change this Agreement at any time and without prior notice to Users. In each event the changes shall be effective upon the modified Agreement being published on this website. Your continued use of the M2E website following any such changes constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly.

4.2 In order to help you identify the current Agreement, we shall date the current version and also publish the updated Agreement in the Members area of the website.

4.3 If you do not agree to be bound by this Agreement and to abide by all applicable law, you must discontinue use of the M2E website immediately.

4.4 This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use M2E or you remain a Member. You may terminate your Membership at any time, for any reason, by contacting Me2everyone or using the automated system in My Details (when available).

Licence to use Website

5.1 Unless otherwise stated, Complete Earth own the intellectual property rights in M2E which has been licensed until May 2041 to M2E Holdings PLC. You may view, download for caching purposes only and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement.

5.2 You must not:

(a) Republish any part of M2E’s website (including news items, photos or profile information of other members) on any other website, without our written consent, whether for commercial or personal reasons;

(b) Sell, rent or sub-license any material from M2E.

Age Restrictions & Eligibility

6.1 Membership of M2E is currently restricted to Users of the age 16 and above. Your membership may be terminated without warning and your profile deleted if we believe that you are under 16 years of age or if we believe that you are under 16 years of age and you represent yourself as 16 or older, or if we believe you are over the age of 18 and represent yourself as someone under the age of 18.

6.2 By using M2E, you also represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the M2E does not violate any Applicable Law (the laws of the country where you reside).

Passwords

7.1 When you sign up to become a Member, you will also be asked to choose a password. We encrypt all passwords as part of our security measures. You are responsible for keeping your password confidential. 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. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your membership account.

Member Rewards

8.1 When you become a Member of M2E we give you access to Member Rewards. Although M2E offers a free membership, some members may choose to pay for an enhanced membership, business membership, merchandise or an advertising package or any other paid for product that Me2everyone may decide to offer in the future.

8.2 When you become a Member of M2E we will provide you with a unique URL link that ensures that anyone who visits your URL link and subsequently becomes a Member of M2E becomes linked to you for the life of their membership.

8.3 If anyone who has registered as a Member of M2E by using your URL link subsequently makes a purchase from the M2E website you receive up to 10% commission from their purchase. Commissions vary depending on the product type: for instance advertising sales and most business memberships will attract the maximum commissions, while purchases of merchandise and third part offers will produce lower commissions.

8.4 The Metoo is a virtual, points-based currency to be used exclusively within M2E to either make purchases from Me2everyone, convert to registered shares via Complete Earth, or to earn a small monthly income from.

8.5 When, you become a Member, recommend new members (using your URL link), perform various roles within M2E, make any purchases from M2E or complete any special tasks as decided by us you will be awarded a number of Metoos.

8.6 Members may transfer their Metoos as a gift to any other Member on the basis that the receiving Member does not pay the giving Member any money for such a transfer.

Metoo Pool

8.7 The Metoo Pool is designed to reward active members of M2E.

8.8 If you are a Member and you do not log-in to the M2E website for a period of 90 days Me2everyone will place your account into a dormant state. If this happens you will continue to receive bonus Metoos as per paragraph 8.5. You will not receive any commission which may be due to you under paragraph 8.3 nor payments from the Metoo Pool under paragraph 8.10.

8.9 If your account enters into a dormant state you can re-activate it by logging into M2E and following the instructions given. If you have prior warning that you will not be able to log-in to the M2E website for a period of 90 days, then please contact us and we will arrange for your account to be left open.

8.10 Any active member (IE a member whose account is not dormant, suspended or terminated) may receive an income from the Metoo Pool. Every day up to 10% of Me2everyone’s global sales will be paid into the Metoo Pool, depending upon the product or service sold.

8.11 The Metoo Pool is then shared with our Members, pro-rata upon the Metoos held by Members, and this will appear in the relevant part of your “My Benefits” page within the Members Area. You do not need to make any purchase to access payments from the Metoo Pool.

8.12 Payments from the Metoo Pool will commence as displayed within the website and thereafter on dates agreed by the directors of Me2everyone. Payments from the Metoo Pool will also be combined with any commission you have received under paragraph 8.3. However the minimum amount you may withdraw from your membership account is GBP £20.00. A variety of payment processors will be used for these payments.

8.13 Metoos may not be purchased directly by anyone and the cash value of a single Metoo is zero.

Shares in M2E Holdings PLC

8.14 In May 2011 Complete Earth entered into an agreement with M2E Holdings PLC giving Complete Earth an entitlement to 1.2bn registered, fully paid, ordinary shares of GBP £0.01 in M2E Holdings PLC, subject to Complete Earth achieving various targets based on membership numbers for M2E and income generated.

8.15 Complete Earth has received 700m ordinary shares under the agreement and pledged to give 600m ordinary shares to M2E Members at zero cost.

8.16 Every day Complete Earth will decide how many registered shares in M2E Holdings PLC they wish to release to M2E Members together with a conversion rate between such shares and the Metoos held by members.

8.17 Members may then use a feature within the “My Benefits” section of the Members area to exchange their Metoos for these registered, fully-paid ordinary shares in M2E Holdings PLC up to the maximum allowed within their account.

8.18 Upon conclusion of the transaction, Complete Earth shall destroy the Metoos it receives.

8.19 Members who use this feature will receive a share certificate (download) in M2E Holdings PLC entitling them to various rights as a shareholder including (but not limited to) a share in the profits. We confirm that at the time these shares are legally transferred to you they will be fully paid up and you will not be liable for any future payment for the shares.

Metoo Deception

8.20 If for any reason it is suspected that a Member has acquired Metoos by deception including (but not limited to):

the establishment of fake membership accounts;
the establishment of secondary accounts using their name with a different email address, or;
members who receive Metoos from several interconnected membership accounts into their own membership account;

the Member concerned and any connected membership accounts will be suspended and investigated. The Member may appeal such suspension.

8.21 If any Member acquires Metoos by deception their accounts may be terminated, together with any connected accounts involved in the deception.

8.22 If any Member who acquired Metoos by deception has converted those Metoos into registered shares via Complete Earth (paragraph 8.17) then Complete Earth may cancel the transaction, resulting in any share certificate involved in the transaction being declared void.

Selling Your Shares

8.23 If you wish to sell some or all of your registered shares In M2E Holding PLC you must first offer these to M2E Holding PLC who may accept or decline to purchase your shares at their discretion.

8.24 If M2E Holdings PLC has declined to purchase your shares you may sell to any other person or entity. You will need a stock transfer form to achieve this which M2E Holdings can provide you with.

8.25 Members agree to only make such sales to third parties via the M2E website. A feature to enable this will arrive in late 2011.

Additional Agreements under Member Rewards

8.26 In seeking to benefit from the Members Rewards as detailed in this section 8 you agree:

To only create one personal Members account for yourself;
Not to register as a Member using your own URL link, using different email addresses or aliases;
Not to give your URL link to anyone whom you know to be younger than the age of 16;
Not to register the names of other people without their express written permission;
Not to register the names of any fictitious people, people who are dead, family pets or other animals, or inanimate objects, or impersonate any person or entity;
Not to seek to register a Members account with the intention to spam, attempt to defraud, bully or harass any other member;
Not to bring M2E, its directors, employees or support personnel into disrepute whether orally or in writing in any media (including, but not limited to websites, forums, blogs, newspapers);
Not to breach the confidential aspects of this Agreement.

8.27 If you breach any of these conditions we may cancel your Metoos, remove offending profiles, suspend or bar your access to M2E. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the M2E Website.

Interactive Services

9.1 We may from time to time provide interactive services on the M2E website, including, without limitation:

M2E Message Streams™
Feedback and Status Updates
Games

9.2 Where we provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

9.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

9.4 We will have no liability for any action or inaction of any user in respect of a transaction effected on our Website, for any failure to perform, to pay amounts due or to deliver merchandise or services as promised or any other aspect of the transaction.

9.5 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

9.6 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise but, although we reserve the right to, we are not obliged to resolve any disputes that arise between users or in respect of use of the Website which you use at your own risk.

Content Provide by You

10.1 “Content” provided by you may be photos, video, sounds, music, links, contact information (including your address, email, Instant Messenger information and telephone number) or any other profile information that you choose to place on M2E.

10.2 You agree that the Content provided by you is your own Content and does not breach the copyright, trademark or confidential information of any other person or company and that you shall observe and comply with paragraph 11.8.

10.3 Please choose carefully the Content that you decide to place on M2E as this may be seen by other Users (depending upon your privacy settings). Your M2E profile may not include any Prohibited Content as explained in Section 12 but if you decide to ignore this requirement we assume no responsibility or liability for this Content.

10.4 If you become aware of any Content provided by any User that violates Section 12 you are requested to report this Content to us using the link provided at the bottom of the M2E page. Please ensure that when you are reporting Content that you have good reason, otherwise we may at our absolute discretion impose limits on your M2E account. For instance it has been known for Members to report harmless Content due to a private dispute between Members and this is a waste of our resources and available time.

10.5 We may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the our sole judgment violates this Agreement or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity.

10.6 You are solely responsible for the Content that you post on M2E and any material or information that you transmit to other Members and for your interactions with other Users. We assume no responsibility for monitoring for inappropriate Content but we will take appropriate action as soon as we become aware of inappropriate Content on M2E but give no guarantee of how long such action will take.

10.7 Whenever you make use of a feature that allows you to upload Content to M2E, or to make contact with other users of our Website, you must comply with the content standards set out in this Section and Section 12. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

10.8 We will not be responsible, or liable to any third party, for the Content you place on M2E.

Advertising

10.9 This version of M2E is designed for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by us. We reserve the right to remove commercial content at our sole discretion and take any action we deem appropriate in respect of any Member who posts commercial information on their accounts.

Ownership of Content

11.1 We do not claim any ownership rights in the Content provided by you on M2E and after posting your Content on M2E you retain all such rights of ownership in your Content subject to the license given to us below.

11.2 You hereby grant us the license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and distribute such Content solely on M2E websites or other Me2everyone Media (including, but not limited to, Me2everyone brochures, Me2everyone presentations and Me2everyone advertisements) subject to your privacy settings.

11.3 Where we seek to use your Content in Me2everyone Media we will ask your permission, subject to this section of the Agreement and shall compensate you with an award of Metoos at a level chosen by us and at our total discretion.

11.4 We will not sell, rent, lease, trade, barter or give away any Content provided by you on M2E to any third party.

11.5 When you remove your Content from M2E or mark such Content as “private” we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If, after we have distributed your Content via Me2everyone Media, we shall not be liable to recall your Content already released, but we shall endeavour to replace such Content in Me2everyone Media as soon as practicable.

11.6 Notwithstanding the foregoing, you understand and agree that once Content is distributed via M2E or Me2everyone media, we are under no obligation to delete or ask other Users to delete that Content, and therefore it may continue to appear and be used indefinitely. As an example, another User may decide to save an image from your Content and use this for their own purposes and you acknowledge that we have no way to prevent this from happening.

11.7 The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to us), fully-paid and royalty-free (meaning that we are not required to pay you or anyone else deriving rights from you for the use of any Content you place on M2E), sub licensable (so that we are able to use our affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the M2E websites) and worldwide (because M2E is global in reach).

11.8 You represent and warrant that:

you own the Content you place on M2E and have the right to grant the license set forth in this Section 11;

the Content you place on M2E does not violate the privacy rights, publicity 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 any person or entity by reason of the use of any Content posted by you on or through M2E.

11.9 M2E contains Content of Me2everyone Virtual Worlds ("M2E Content").

11.10 M2E Content is protected by copyright, trademark, patent, trade secret and other laws, and Complete Earth owns and retains all rights in the M2E Content.

11.11 Complete Earth hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the M2E Content (excluding any software code) solely for your personal use in connection with viewing the M2E website and using the M2E services.

11.12 M2E contains Content of Users and other M2E licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, trade, barter, use or give away any of the Content you find on M2E to any third party without the express written permission of the Content owner.

11.13 We reserve the right to limit the storage capacity of Content that you place on M2E.

Prohibited Content and Activity

12.1 We accept Members from every religion, belief and political background and enables Members to place Content on M2E that is not in violation of this Section 12. We reserve 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 M2E, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.

12.2 Prohibited Content and Activity includes, but is not limited to any Content and Activity that we believe:

is patently offensive, promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
exploits people in a sexual manner;
contains inappropriate nudity, excessive violence or offensive subject matter;
contains links to adult-themed sexual websites;
harasses or advocates harassment of another person;
solicits personal information from anyone under 18;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
publicly posts information that creates a privacy or security risk to any person;
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;
includes a photograph or video of another person that you have posted without that person's consent;
violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of junk mail, email spam or chain letters;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
advertises any product or service to Users without written permission from Me2everyone (which, in any case, would usually require the payment of a fee, depending upon the type of campaign the User wished to launch) either by message to Users, link to a third party, commercial website or by using an image showing such product, services or links;
circumvents, modifies or attempts to circumvent or modify any security or software that is part of M2E;
is an 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;
aims to collect Content from other Users by any means for malicious or commercial reasons;
uses computer scripts to add friends, send comments, messages or any other interaction permissible within M2E;
interferes with, disrupting, or creating an undue burden on the M2E servers or the networks connected to M2E;
impersonates or attempts to impersonate Complete Earth, our personnel, moderators, another User or person or entity;
sells or otherwise transfers your profile or unique URL link; or,
uses M2E in a manner inconsistent with any and all Applicable Law.

Protecting Copyrights and Intellectual Property

13.1 We respect the intellectual property of others, and require that our Users do the same. 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. It is our policy to terminate, in appropriate circumstances, the membership of any Member who infringes this requirement repeatedly.

13.2 If you believe your work has been copied and posted on M2E n a way that constitutes copyright infringement, please contact us with a notice of the claimed infringement with all of the following information:

identification of the copyrighted work claimed to have been infringed, including the URL where the infringement was seen;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement by you that you have believe 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 notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf;
your physical or electronic signature.

Member Disputes

14.1 You are solely responsible for your interactions with other M2E Users. M2E reserves the right, but has no obligation, to become involved in any way with these disputes.

Third Party Services

15.1 Services created by third party developers may be available on M2E including games platforms and other applications. These may or may not appear with a Me2everyone URL. When you use a third party service you are interacting with the third party and not M2E. Me2everyone will make every possible investigation to ensure that a third party offers a fair and reasonable service to our Users but we cannot guarantee nor necessarily enforce anything upon them which is outside of any agreement we hold with them. Me2everyone encourages you to only provide personally identifiable information to third parties if you know and are comfortable with the party with whom you are interacting.

Additional Requirements by our Members

16.1 Members of M2E are given access to Member Rewards which may lead to you becoming a registered shareholder and as a Member you agree not to do anything that brings Complete Earth, Me2everyone, M2E, our directors, our personnel, other Members or any known Partners into disrepute.

16.2 You agree to seek only to improve the global image and perception of Me2everyone.

16.3 You agree that you shall notify us in writing immediately that you become aware of any misuse of the Complete Earth, Me2everyone, M2E names or any breach of these Terms of Use by any User.

16.4 You agree to ensure that your current contact details are kept up to date at all times by using the My Details section of M2E for such updates.

16.5 Upon notification of commissions due to you from the Member Rewards system (when fully launched), you will ensure that we hold accurate information to ensure that any payments may be processed to you. You agree and understand that any payments you receive from M2E may be liable to taxes or other official payments in your country. You accept that it is your responsibility to declare any income from M2E to pay any such taxes or other official payments in your country. You agree that M2E is not responsible for any such payments or to provide you with relevant advice.

Confidentiality Agreement

17.1 You acknowledge that in the course of this Agreement you may receive Confidential Information (such as within a news update). You agree that any such disclosure is treated as made "in confidence" and shall remain confidential and secret and subject to the terms of this Agreement and each party agrees that it will take all reasonable steps to protect the secrecy of any confidential information and prevent it from falling into the public domain or the possession of other persons.

17.2 You agree that such confidentiality restrictions shall survive the termination of this agreement for whatever cause.

17.3 Information disclosed under this Agreement (hereinafter known as "confidential information") shall include, but not be limited to, commercial, financial, technical, operational, marketing, promotional, or such other information, in whatever form, which concerns the business and affairs of the disclosing party and shall include confidential information disclosed orally or in writing and which would appear to a reasonable person to be confidential or proprietary.

17.4 You agree to hold all confidential information in trust and in confidence and not to use it for any purpose other than the contemplated purpose.
17.5 You agree not to publish any news update or contents of any email or message exchange with M2E or our Member in any medium (including print and digital).

17.6 You agree not, without prior written consent from us, to disclose to any third party any confidential information obtained from M2E in pursuance of this Agreement unless such information is already in or comes in to the public domain other than in breach of this Agreement, or is already known within the industry prior to the date of this Agreement, or is required to be disclosed by a court of law, regulatory authority or tribunal of competent jurisdiction, or is information that both parties agree in writing to disclose.

17.7 You acknowledge that any breach or violation of this Agreement is likely to cause loss or damage to Complete Earth, Me2everyone, M2E, their directors, personnel and or Members and in that event we shall be entitled to apply for injunctive relief or claim damages in the event of a breach, in addition to any other available remedies. You understand that damage claims may be significant and shall include any legal costs.

Suspension and Termination of this Agreement

18.1 We will determine at our discretion whether there has been a breach of this Agreement by you during or after your Membership of M2E. When a breach of this Agreement has occurred we may take such action as we deem necessary which may include any of the following:

Immediate, temporary or permanent withdrawal of your right to use M2E;
Immediate, temporary or permanent removal of any Content you have placed on M2E;
Issue of a warning to you or commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
Any other action we reasonably deem appropriate.

18.2 In such circumstances where the relationship between us has broken down we reserve the right to cancel your Metoos, cancel any other benefit under Member Rewards and refund any money paid to us by you at our absolute discretion. For example in cases where you have bought merchandise or advertising and we have provided the merchandise or published advertising there shall be no refund.

18.3 In addition, we reserve the right, in our sole discretion to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of M2E if we determine that you have violated this Agreement or pose a threat to Complete Earth, Me2everyone, M2E, its personnel, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, especially Section 17.

Restricted access

19.1 We give no guarantee that M2E websites will be available at all times. There may be times when maintenance is required or technical difficulties are experienced. Whilst we will do our best to resolve any access issues as quickly as possible, we do not accept any liability in respect of the unavailability of the website.

19.2 Access to certain areas of M2E is restricted. We reserve the right to restrict access to other areas of M2E, or indeed our whole website, at our discretion.

19.3 If we provide you with a user ID and password to enable you to access restricted areas of M2E or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.

19.4 Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the Content (User and M2E Content) is kept up-to-date.

19.5 We do not pre-approve Content placed on M2E by Users. We cannot guarantee that any User is who they say they are and nor are we responsible for any Content uploaded by a user or any transactions entered into between Users. We have no control over how a User will collect or store your personal information.

19.6 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to M2E and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations of Liability

20.1 Nothing in these terms and conditions (or elsewhere on the M2E website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter or for any other liability which cannot be excluded or limited under applicable law.

20.2 Subject to this, our liability to you in relation to the use of the M2E website or under or in connection with this Agreement (including that of our directors, employees, workers or agents), whether in contract, tort (including negligence) or otherwise, will be limited as follows:

to the extent that the M2E website and the majority of information and services on the M2E website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
we will not be liable for any consequential, indirect or special loss or damage;
we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.

20.3 In any respect our liability to you shall be limited to the amount paid by you in respect of the purchase of any goods or services from us. This does not include any goods or services from other Users or third parties in respect of which we shall have no liability.

Indemnity

21.1 You hereby indemnify us and undertake to keep us, our group companies and each of their directors, officers, agents, contractors, partners and employees indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of or in connection with any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions, or any enforcement action taken by us against you in respect of such breach.

Breaches of this Agreement

22.1 Without prejudice to our other rights under these Terms of Use, if you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Transactions concluded through M2E’s Website

23.1 In the event that you wish to become a business user on the Website and offer your goods and services or advertise your business on the Website such membership will be governed by additional conditions which will be supplied to you. You will still need to comply with this Agreement.

Viruses, Hacking and other offences

24.1 You must not misuse the M2E website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the M2E website, the server on which the M2E website is stored or any server, computer or database connected to the website. You must not attack the M2E website via a denial-of-service attack or a distributed denial-of service attack.

24.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the M2E website will cease immediately.

24.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer or telephone equipment, computer programs, data or other proprietary material due to your use of our M2E website or to your downloading of any material posted on it, or on any website linked to it.

Linking to our Website

25.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

25.2 You must not establish a link from any website that is not owned by you, without our written permission.

25.3 Our M2E website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

25.4 If you wish to make any use of material on the M2E website other than that set out above, please send your request via the Contact Form in the Help Centre.

Links from our Website

26.1 Where the M2E website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Variation and Waiver

27.1 We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the M2E website from the date of the publication of the revised Terms of Use on our Website. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Website after any revision of the terms shall comprise your acceptance of such revised terms.

27.2 Our failure or delay in enforcing any right or provision set out in these Terms of Use shall not constitute a waiver of such right or provision.

Assignment

28.1 We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

29.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

30.1 This Agreement is for the benefit of our Users and Complete Earth. They are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

Entire Agreement

31.1 These Terms of Use together with the documents referred to herein, constitute the entire agreement between you and us in relation to your use of the M2E Website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

32.1 This Agreement will be governed by and construed in accordance with English law, and any disputes relating to this Agreement will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Disclaimers

33.1 User Content does not necessarily reflect the opinions or policies of Complete Earth or Me2everyone.

33.2 User Content and profiles may contain links to other websites or services, which may be in breach of this Agreement. We are 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 us.

33.3 Inclusion of any linked website or service on M2E does not imply approval or endorsement of the linked website or service by us. When you access these third party sites and services, you do so at your own risk. We take no responsibility for third party advertisements that are placed on M2E nor does it take any responsibility for the goods or services provided by these third parties.

33.4 We are not responsible for the conduct, whether online or offline, of any User of M2E

33.5 If you are seeking an enhanced membership, business membership or intend to purchase merchandise or advertise via M2E you acknowledge that you will be required to accept additional agreements. You understand that these are optional, paid-for services and products and any refusal by you to acquire these services or products shall have no detrimental effect on your use of M2E.

Final Agreement

34.1 You agree that under this Agreement we reward those members who seek to place good Content on M2E and also engage in helping M2E to become more successful and respected in the world. You recognize that this is a very large project and that we may suffer from technical delays that may be beyond our reasonable control. You agree to assist us wherever possible, ensure that you report Members who are casting doubt on M2E or seeking to damage our reputation and in return we will work hard to ensure we develop the best possible User experience.

You agree that you have read this Agreement and agree to all of the provisions contained above.