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MyBestFive.com Terms and Conditions - 4 September 2007

This Agreement is a legal document that details your ("you") rights and obligations, and those of MyBestFive.com ("MyBestFive", "we", "us" or "our") in relation to this site and the services offered by MyBestFive. You must take the time to read and understand it. By using our website or registering for the MyBestFive service, you agree to the terms of this Agreement and this Agreement may change from time to time without any notification being sent to you. It is in your best interest to check the date at the top of this page and note when the last changes were implemented. Also, read our Privacy Policy.

Types of membership

People who browse the site but do not register for the MyBestFive service will be classed as Visitors. Registration is free and open to anyone 16 years of age or over. Registered people become Users. Anyone aged 18 years or older may upgrade to become a paid Member. Anyone aged 18 years or older may upgrade to become a paid VIP Member. Membership has not yet been put into effect and the site is currently FREE of charges; the following membership rules will not necessarily be correct when implemented.

Visitors may:

  • visitors may register
  • visitors may browse the site by Interest tags
  • visitors may also browse by screen name
  • visitors may view most parts of the site
  • visitors may view other user's lists
  • visitors may not communicate with anyone on the site
  • visitors may not complete any of the lists on the site other than the Registration page
  • visitors may not complete any Interest tag

Users may not have full access to the site:

  • users must be 16 years of age or older
  • users may not use video and audio facilities
  • users must register to have access to the Group/Adult section
  • users may have limited use of photo gallery (not more than 1 album or 20mb space)
  • users may have limited use of private areas (not more than 1 private area)
  • users may not moderate more than 1 group at any one time

Members may not have full access to the site:

  • members must be 18 years of age or older
  • members may have limited use of photo gallery (not more than 3 albums or 100mb space)
  • members may have limited use of private areas (not more than 3 private areas)
  • members may not moderate more than 2 groups at any one time
  • members have free entry to the Group/Adult section
  • members may have limited use of video and audio chat

VIP Members have almost unlimited use of the site:

  • VIP Members must be 18 years of age or older
  • members may not moderate more than 5 groups at any one time
  • VIP members may have limited use of photo gallery (not more than 500mb space)

We reserve the right to add or remove services from any or all of the above membership types. We may also make some items free to use when they may otherwise incur a charge; we may also make a charge for some items that are sometimes free to use. You may not be notified and must check back to this Agreement to see what changes have been made.

Registration

It is your responsibility to ensure that your Registration and Personal Profile details are correct and current. You warrant that to Register as a user you are over the age of 16 and that the details you enter are true and correct. To Register as a Member or VIP Member you warrant that you are 18 years of age or older and that the details you enter are true and correct. Should you change location or change your email address please make sure you change your Edit personal details page.

Privacy Policy

Please read and note the conditions specified in our Privacy Policy. It forms a part of this Agreement and is subject to change without notice. It is in your interests to read the Privacy Policy from time to time. Note also the date at the top of the page, it will indicate the date the last changes were made.

Fees for Members and VIP Members - Renewal of Membership

Fees for these services are as indicated on the forms you complete when you choose to become a Member or VIP Member. Renewal of your Membership is on a rolling basis after the termination date of your current Membership. An email will be sent to you 14 days before your renewal becomes due advising you of the current charges to be levied against your credit card. If you do not wish to have automatic membership renewal, please advise us through the contact us link.

Termination or Refunds of Membership Fees

We do not refund any portion of your Membership fees for any reason whatsoever. We may, however, at our discretion choose to refund a portion of your fees if, after half of your Membership period has passed, you have a legitimate reason to end your Membership. This is not an obligation for MyBestFive.com. Termination due to misuse or abuse does not apply and no refunds will be given under these circumstances.

Groups

Groups can be either open or closed. Open Groups may be visited and viewed by any user or non-group member. They will be able to view but not communicate or post an entry. Any person other than Members of the Group may not view closed Groups.

Group Advertising: MyBestFive reserve the right to place advertising within any group, closed or open. The only advertising allowed is that model set up within each group. This excludes Google Ads or similar.

Group Advertising Commission: MyBestFive is applying Commission based on the following structure.
There are a possible 480 adverts that may be set up and paid for within each Group. It has a total annual value of £74,880 if all paid advertising was taken. To introduce an advertiser and to receive commission you must be a paid up and current Member or VIP Member.
The Member who introduces an advertiser receives 40% commission of the total 'paid for advert'. For validation, the Member's screen name (the person who is to be paid commission) must appear on the order form. Once processed it cannot be changed. The advertiser will NOT be paid any commission even if his name appears as the Sales Rep.
The Moderator who runs the Group receives 20% commission of ALL the total 'paid for adverts' in his Group, provided that he is a paid up and current Member or VIP Member at the time of the sale.
The Moderator may act as Sales Rep and receive 40% commission of the 'paid for adverts', provided that he is a paid up and current Member or VIP Member at the time of the sale.
MyBestFive receive the remaining percentage of the unpaid total 'paid for adverts'.
Any Member who receives commission through MyBestFive is not an employee of the company and they are responsible for their own tax and NI.
Payment is made by BACS and members must provide their sort code and account details in order to be paid. No cheques will be issued. Payment is made every second Monday and only to UK registered banks and UK bank accounts.  We cannot currently make payments outside of the UK.

Group Advertising Control: MyBestFive retains total control of all advertising and this includes veto and alterations to any advert not deemed suitable or legal within the site. To sell advertising on the site requires you to be a Member or VIP Member and subject to Group rules and also subject to the Terms & Conditions of this site. 

Advertising

We reserve the right to place paid (or unpaid) advertising within any area of this web site. This includes Groups where we have a specific type of advertising model. We may also place random adverts in selected (by us) areas of the site as we feel appropriate.

Use, Misuse and Abuse of MyBestFive.com

USE: It is your responsibility to ensure the information you post or communicate is accurate and true and does not misrepresent your status or position.

MISUSE: Misuse includes using what is generally considered as unacceptable or inappropriate language or behaviour - swearing, obscene language, pornographic material, criminal or misleading information, threatening, criminal or racist comments. You may use free speech within your own private area except libelous, racist, threatening, criminal or illegal comments or material. Advertising, other than paid advertising through the site administrators, the promotion or sale of products or services is considered illegal for this site and your membership may be terminated if you misuse the site for this purpose. You may only give out your own postal address details, other web site details, email addresses or phone numbers or other forms of communication, to individual members or users. You cannot do this en masse, such as through the Message Board. You may make personal contact but only for personal and non-commercial contact. You cannot use any part of this web site for selling products or services or for monetary gain other than through MyBestFive.com's own advertising sections. Any misuse of this site may cause your Membership to be terminated and you will not be entitled to any refund or portion of a refund. Any illegal or criminal use of this site will be reported to the appropriate authority. It is not acceptable to use text, photos, pictures or links that are hidden - ie not visible since they are the same colour as the background or hidden by any other means or reason.

ABUSE: If you are reported as using libelous or abusive language; threatening behaviour; harass, stalk or break the Terms & Conditions or Privacy Policy of this web site, you may have your Membership terminated. If this happens your details will be deleted and you will forfeit any remaining time-period of your Membership. You will not be entitled to any refund or portion of a refund. You will not be entitled to rejoin this web site again as a User, Member or VIP Member without our prior consent.

Report of Abuse

If you see or know of any abuse of this web site or abuse to any User, Member or VIP Member, please report it to us through the Report Abuse link at the foot of the page.

Disclaimer

We cannot know if any person registered on this site is giving out true or false information and we cannot accept responsibility for any events that may occur due to this information. It is for each person to evaluate all information and to take responsibility for their own actions. People may assume a false identity and give out false details about themselves. You use this site and its information at your own risk.

Intellectual Property

All material on this web site, including material supplied by Users, Members or VIP Members becomes the property of MyBestFive.com. You automatically grant us irrevocable, worldwide, non-exclusive and royalty-free rights to copy, edit, modify, display and distribute this material in any form or media or other works.

Legal

This Agreement and the Privacy Policy are subject to and governed by and in accordance with the laws of England and Wales.

Contact

We can be contacted directly through the contact us link. Alternatively we can be reached at:

Compass Internet Ltd, 105 Madeira Road, Portsmouth PO2 0SY.