I Need To Tell You.com
Terms of Use
Welcome to I Need to Tell You.com. We are
a searchable apologies database, serving people who feel they owe or are owed
an apology, whether from last week or decades ago. We also provide facilities
to search for, and make, wedding announcements, anonymous confessions and
general announcements.
I Need to Tell You.com provides its
services to you subject to the following conditions. If you visit I Need to
Tell You.com, you accept these conditions, so please read them carefully.
This Agreement is a legal document which
sets out your rights and obligations, and those of I Need to Tell You Limited,
a company registered in England under registration no. 6068684 ("I Need to
Tell You.com", “our” "we" or "us"), in relation to
this site and the services offered by I Need to Tell You Limited through it (the
"I Need to Tell You.com Service").
By registering, the member (or “you”)
accepts that you are entering into a contract with us on the terms of this
Agreement. Visitors to the I Need to Tell You.com Service who do not register
are also bound by this Agreement every time they access the I Need to Tell
You.com Service, including the purchase of flowers and cards.
In order to use the I Need To Tell You.com Service, you must have internet access,
software and the necessary web skills to use this site.
This Agreement shall be governed by and
construed in accordance with the laws of England
and Wales.
Privacy Policy
I Need to Tell You.com's
Privacy Policy forms part of this Agreement. Together, they represent the whole
of the agreement, between us and you concerning the I Need to Tell You.com
Service, and they replace all earlier agreements and understandings with you,
except for any fraud or fraudulent representation by either of us or any party.
A person who is not a party to this Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to rely upon or enforce any term of this
Agreement.
By agreeing to this Agreement, you give
your consent to the way we may handle your personal data as detailed in this
policy. Given the global nature of the World Wide Web, any posting on the I
Need to Tell You.com Service (including any which contain personal information)
is accessible to internet users around the world.
Changes to the Terms of Use
We reserve the right, at our sole
discretion, to change, modify, add, withdraw or delete portions of these Terms
of Use at any time without prior notice. We will post the new version on the I
Need to Tell You.com website. Your continued use of the website after any such
changes represents and acknowledges your acceptance of the new Terms of Use.
You are responsible for regularly reviewing these Terms of Use so that you will
be aware of such changes.
If you do not wish to be bound by the changes we make
in a new version of this Agreement, you may contact us informing us that you
choose to remain bound by the previous Terms and Conditions until your
membership renewal date, at which point renewal of your membership will
indicate acceptance of the most recent version of this Agreement.
Changes to the I
Need to Tell You.com Service
Please note that we may withdraw or
modify all or any of the I Need to Tell You.com Services – such as message
boards – from the I Need to Tell You.com Service, either on a temporary or
permanent basis, without making any refund, and without prior notice.
Also, on occasions when the I Need to
Tell You.com Service becomes inaccessible, as a result of technical
difficulties experienced by I Need to Tell You.com or all or part of the
Internet, we will use reasonable skill and care to overcome these difficulties
if they are within our control. However, please note that there will be no
refund of membership fees (nor will we have any other liability to you) for
withdrawal, modification or unavailability of the I Need to Tell You.com
Service.
For security or other reasons, we may
require you to change your password or other information that facilitates
access to the I Need to Tell You.com Service. You agree to comply with such
requests.
Eligibility
and Registration
You must be 13 years or older to use the I Need to Tell You.com Service.
By registering with I Need to Tell You.com, you confirm that you are aged 13
years or older and that you have the capacity to understand, agree to and
comply with these Terms of Service. You should provide current, true, accurate
and complete registration information to be an I Need to Tell You.com member.
This includes your name, address, and any other requested details.
As part of the registration process, you will be asked to select a
username and password. You are responsible for all activities occurring under
your username and for keeping your password safe and secure. We may refuse to
grant you a username that impersonates someone else, may be protected by
trademark or proprietary rights law, or is vulgar, offensive or otherwise
inappropriate, as determined by us in our sole discretion.
As part of the registration process for our service, you will
receive a verification email, designed to help ensure that the email address
you have nominated during registration is controlled by you. This email
contains simple instructions which you must follow.
Misuse of I Need to Tell You.com Service
We reserve the right to suspend or terminate any Member's access
to the I Need to Tell You.com Service, or parts of it, and/or to remove, or
require the Member to remove, material posted on the I Need to Tell You.com
Service, if the relevant Member or material appears to us, or to a complainant,
to be in breach of any provision of this Agreement or threatens to bring the I
Need to Tell You.com Service into disrepute.
This includes, but is not limited to, when the member is abusive,
discriminatory or threatening, or harasses or communicates offensive messages
or images to another Member or non-member, whether through our service or not.
Any person whose access has been suspended or terminated must not
re-register for, or re-access, the I Need to Tell You.com Service without
written prior consent. You are personally responsible for all actions taken on
or through the I Need to Tell You.com Service whilst your membership account is
logged on our service, or through your email address.
Prohibitions
You are responsible for ensuring that no material you post, or
which is posted through a machine on which you access the I Need to Tell
You.com Service, nor any activity or communication you make in connection with
any I Need to Tell You.com Service, will be capable of infringing the
intellectual property or other rights of any person or entity, breaching any
applicable law, whether criminal, tortious or
otherwise, or appearing to be offensive, threatening, abusive, discriminatory,
obscene, pornographic, false, libelous, defamatory,
upsetting, unreliable or misleading.
Relevance
The I Need to Tell You.com Service is intended
to be used within the service only. Accordingly, members must not:
1
include an email address,
postal address, phone number, the address of any website, or any other
information which is intended to facilitate direct communication, in material
posted on the I Need to Tell You.com Service
2
place material on, or
otherwise use, the I Need to Tell You.com Service for any business or
commercial purpose
3
use your access to the I
Need to Tell You.com Service, or information gathered from it, for the sending
of unsolicited bulk email (sometimes known as spam).
PLEASE NOTE: Where we reserve a right in
this Agreement, it does not mean we will be obliged to exercise this right.
Also, please be aware that we cannot prevent determined people whose membership
has been suspended or terminated from re-accessing or re-registering as
members, in breach of their obligations under this Agreement.
For your information
We don't separately file the individual Agreements
entered into by members when they register for the I Need to Tell You.com
Service. You can access it at www.ineedtotellyou.com. Please make both a hard
and soft copy of this Agreement by printing and saving a downloaded copy on
your own computer or other data storage device.
Tiers of Membership
Anyone who registers for the I
Need To Tell You.com Service becomes ‘a member.’ Silver membership is free.
There are three other types of membership – Silver Plus, Gold and Platinum –
for which there are varying membership costs (listed below).
Silver membership – FREE!
Silver members:
May search for messages using our database, and
read them
May edit their profile content, both written and
verbal
May post messages and reply to messages made by
other of our members. These messages must only be posted on the I Need To Tell You.com website.
May choose under which category their messages
(but not their replies to other messages) are posted from the following list:
apologies, confessions, wedding announcements and general announcements.
Silver Plus membership: £1.99 per month or £9.99 per year
Silver Plus members:
May search for messages using our database, and
read them
May edit their profile content, both written and
verbal
May post messages and reply to messages made by
other of our members. These messages must only be posted on the I Need To Tell You.com website.
May choose under which category their messages
(but not their replies to other messages) are posted from the following list:
apologies, confessions, wedding announcements and general announcements.
May have elements of their post appear on the
home page of I Need To Tell You.com, in the scrolling Silver Plus area of the
page. This will be for a limited period, at our discretion, pending our
approval of the message.
Gold Membership: £19.99 per year (annual membership only)
Gold members:
May search for messages using our database, and
read them
May edit their profile content, both written and
verbal
May post messages and reply to messages made by
other of our members. These messages must only be posted on the I Need To Tell You.com website.
May choose under which category their messages
(but not their replies to other messages) are posted from the following list:
apologies, confessions, wedding announcements and general announcements.
May have elements of their post appear on the
home page of I Need to Tell You.com, in the scrolling Gold area of the page.
This will be for a limited period, at our discretion, pending our approval of
the message.
May have elements of this same post moved to the
Silver Plus area of the home page after it has appeared in the Gold area of the
home page. This will be at a time that we decide, for a limited period, at our
discretion, pending our approval of the message.
Platinum Membership: £29.99 per year (annual membership
only)
Platinum members:
May search for messages using our database, and
read them
May edit their profile content, both written and
verbal
May post messages and reply to messages made by
other of our members. These messages must only be posted on the I Need To Tell You.com website.
May choose under which category their messages
(but not their replies to other messages) are posted from the following list:
apologies, confessions, wedding announcements and general announcements.
May have elements of their post appear on the
home page of I Need to Tell You.com, in the Platinum area of the page, along
with their profile picture. This will be for a limited period, at our
discretion, pending our approval of the message.
May have elements of this post moved to the Gold
and Silver Plus areas of the home page after it has appeared in the Platinum
area of the home page, but without a profile picture. This will be at a time of
our choice for a limited period, at our discretion, pending our approval of the
message.
All members will receive certain types of
messages sent in order for the I Need to Tell You.com
Service to be delivered optimally.
All members, please note that we reserve
the right to change which elements of your message are displayed at any one
time.
Whilst we strive to ensure that no offensive material is posted on
the I Need To Tell You.com website, we cannot ensure
that all material will be moderated before it is viewed by users. I Need To Tell
You.com and I Need To Tell You Ltd. bears no responsibility for any material
posted on the website.
Fees
You acknowledge that we are entitled to
alter the amount or the basis of the calculation of our fees from time to time,
provided that such amount or basis is clearly stated at the time when you agree
to take the relevant I Need to Tell You.com Service, or prior to any fees being
taken.
Fees paid will not be rebated or refunded
by I Need to Tell You.com. We may offer new or ancillary services from time to
time, which require the payment of fees - either to us or a nominated third
party - on terms which will be provided to you at the time.
Payment
If
you decide to become a Silver, Silver Plus, Gold or Platinum member of our
service, and therefore pay a fee, you agree to take the membership we make
available to you promptly after the fee is paid. You do not have the right to
cancel your membership during the cooling-off period provided for certain
purchases under the Consumer Protection (Distance Selling) Regulations 2000.
If
membership should lapse due to our inability to take payment using your
selected payment method (for example, if you change your credit card), you are
responsible for arranging to make payment manually in order to remain a member
of our service.
Please
note that we reserve the right to change the cost of membership and the period
that it covers.
All memberships are recurring, unless you
cancel your membership, and you will be billed for renewal, approximately 1
month or one year from your join date depending on if you have monthly or
annual membership.
If you are asked for, and provide details of a credit, debit or
charge card, you must ensure that you are fully entitled to use that card, and
that it has available funds to cover the charges deducted from it.
All payments use PayPal.
I Need to Tell You .com does not hold any financial
information in relation to its members or any one else.
I Need to Tell You .com is not in anyway
responsible for the misuse, loss or theft of money, personal information or
financial information of its members or any one else.
Cancellation of Membership
If you have an annual membership with I
Need to Tell You.com, you are entitled to cancel your membership before one
year has passed, but will not receive any refund of membership fees. If you
have a monthly membership, you acknowledge that your membership will continue
to the end of the month in which you cancel it, and thus acknowledge the
deduction of one final monthly payment from your account. You can cancel your
membership by emailing Technical Support.
Other goods and services
I Need to Tell You .com, in addition to
its membership posting services, also sells flowers and cards to members and
other internet users. I Need to Tell You.com does not
accept any responsibility for the day, time or location of delivery, or
condition of the product upon delivery. This applies to both
flowers or cards. Whilst we try and ensure orders are processed on the
day they are placed, this is in no way a guarantee.
I Need to Tell You.com or its affiliates
may offer new or additional services through the I Need to Tell You.com Service
from time to time. Your use of those services may be subject to additional
terms and conditions, or rules of use, with which you must comply. Any failure
by you to comply with the terms or rules governing such additional services,
will amount to a breach of this Agreement, and enable us to terminate this
Agreement with you
I Need to Tell You.com's
Role
Whether you are a member or non-member,
you acknowledge that we are not responsible for the behaviour of internet users
- whether on the I Need to Tell You.com Service or outside of it. We only
provide a medium by which the I Need to Tell You.com Service may be accessed.
In particular, you should be aware that I Need to Tell You.com does not
generally pre-screen the material contributed by members. However, postings are
checked and moderated and we endeavour to remove any material we deem
unsuitable for our website, or which could be considered offensive.
Your Responsibility
If you see anything on the I Need to Tell
You.com Service which appears to infringe this Agreement, please inform us of
it, by using the "Report Post" function, or by emailing us.
Disclaimer and Release
I Need to Tell You.com has
no control over or responsibility for the truth or accuracy or content of any
material available on the I Need to Tell You.com Service, whether provided by
members or other internet users.
If links are made from the I Need To Tell You.com Service, to any third party sites, this does
not mean that we endorse or have any responsibility for the site or the content
of the site in any way.
You should exercise no lesser degree of
caution in appraising what you see on the I Need to Tell You.com Service than
you do offline. Be aware that, even
though prohibited from doing so, members and other internet users may provide
information, or otherwise behave, in a way that is unreliable, misleading or
even illegal. Further, you should note that people may not necessarily be who
they say they are. Your use of the I Need to Tell You.com Service is entirely
at your own risk.
Accordingly, to the extent that the law
permits, you release I Need to Tell You.com, its directors, contractors and
employees from all liability (including in relation to disputes with other
members) arising out of your use of a third party site, or arising out of or in
connection with the I Need to Tell You.com Service, and the material included
here by members and other third parties.
Intellectual Property
You acknowledge that all copyright, trade
marks, and other intellectual property rights in and relating to the I Need to
Tell You.com Service (including the material which is contributed by members)
are owned by I Need to Tell You.com. Therefore, no-one may copy, distribute,
show in public or create any derivative work from the I Need to Tell You.com
Service, or any of the material which is found on the I Need to Tell You.com
Service unless properly licensed to do so by us.
By submitting any material to the content
to the I Need to Tell You.com Service, you:
14 are representing that you are fully
entitled to do so
15 grant us a non-exclusive, royalty-free,
non-terminable licence to copy, modify, distribute, show in public and create
derivative works from that material in any form, anywhere
16 authorise us to adapt the relevant
material in the course of doing so, and so waive your moral rights to object to
any derogatory treatment, or to be identified as the author, of the material in
question.
Excluded loss
We will not be liable to you or any third
party for any indirect or consequential loss or damage, or for any loss of
data, profit, revenue or business, whatever the cause (whether arising out of
any negligence or breach of this Agreement or otherwise).
I Need to Tell You.com will also not be
liable for any failure to perform any of its obligations under this Agreement
caused by matters beyond its reasonable control.
Maximum Liability
Without limiting the preceding Clause,
the aggregate liability of I Need to Tell You.com under this Agreement (whether
arising in negligence or otherwise) will not under any circumstances exceed an
amount equal to (a) the Full Membership fee payable at the time liability
arises, or (if greater) (b) the sums paid by you to us under this Agreement
during the period prior to the date when liability arises.
Non-excluded Liabilities
Nothing in this Agreement limits I Need
to Tell You.com's liability for death or personal
injury resulting from our negligence, or any other liability which may not by
law be excluded. Any statutory rights you may have as a consumer remain
unaffected.
Indemnity
You agree to indemnify us against all
liabilities, claims and expenses that may arise from any breach of this
Agreement by you or through a machine on which you access the I Need to Tell
You.com Service.
Assignment
We reserve the right to assign this
Agreement, and to assign or subcontract any or all of our rights and
obligations under this Agreement. You may not without the written consent of I
Need to Tell You.com assign or dispose of this Agreement.
Severability
In the event that any term of this
Agreement is held to be invalid or unenforceable by judicial decree or
decision, the remainder of this Agreement shall remain valid and enforceable.
I Need to Tell You.com and I Need to Tell
You Ltd takes no responsibility for death or injury of any person or persons in
any way or anything posted on or linked to this website in any way.
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