Information and Terms of Service

1. Content of the Service

Semberry Ltd, with registered office at 75 Bell Gardens, Haddenham, Ely, Cambridgeshire CB6 3TX, provides a web-based service called "Takes2" (hereinafter the "Service"), which allows you to publish and seek invitations published by other people. The service also allows interested users to contact the inviter and to comment on the invitation. Inviters and interested users can provide feedback on the correctness of mutual behavior.

2. Ownership of the platform and copyright

SemBerry LTD is the sole owner of the web platform through which the service is managed, as well as all rights inherent and consequent to the platform exploitation.

Unless otherwise indicated, the service and other materials on the Service without limitation, including the Takes2 logo, all designs, text, graphics, pictures, information, data, software, and the selection and arrangement thereof (collectively, the "Takes2 Materials") are the property of SemBerry LTD, while user-generated contents remain property of their authors. 

In particular, all the contents provided by users (personal profiles, invitations, uploaded images and comments) are owned by the authors and remain their property; they only give Semberry LTD the right to display the contents (except for sensitive information) on the website for the purposes of the Takes2 service and to store and archive them for future use in case of any controversy. Such contents will be also made available to the owners in a format that will allow them to export and re-use them in other services if they wish. Takes2 will inform users of any calculation and processing done on their data beyond the apparent use of contents on the website. Takes2 will not share users' data with third parties unless authorized.

This means that the users have rights on the contents they provide and are also responsible for making sure that they are not infringing anybody's copyright in prodiving content to the platform. 
Images associated with invitations remain property of the users if they were uploaded by the users, otherwise if they were selected from the stock images archive they are royalty-free, as they are originally from platforms (Pexels https://www.pexels.com and Stock Snap https://stocksnap.io/), which publishes royalty-free and no-attribution images.

3. Applicability of the conditions

These Terms of Service apply to both users who use the Service for searching invitations and users who provide contents (hereafter collectively "Users").

4. Terms of Use of the Service

Use of the Service is allowed only to people aged above 18. Any use of the Service by younger users assumes and implies the authorization and supervision of parents or whoever has parental responsibility or guardianship, which will take all responsibility for the user's actions with respect to SemBerry LTD and all third parties involved.

The use of the service is free until the end of 2015, after which it will be subject to small payments per transaction.

For the whole duration of 2015, the service allows free browsing of the invitations, free registration and free publishing of invitations. 

Relationships between the service users, such as the exchange of information, including through the comment form and the form of message exchange and any form of interaction between users, virtual or face to face, are solely between them; the Service will be not part of the relation.

The instructions on the platform recommend that users do not enter personal contacts in the invitations (contact must be made through the appropriate links on the invitations and contact pages). This does not exclude the possibility that some users may decide to include these contacts. Other users are not allowed to make improper use of such contact information, wherever it might be visible on the website. By way of example, it is not allowed to send any kind of advertising, promotional materials, or any other form of unauthorized request by e-mail or any other method of contact.

5. Users' Liability

The user is the only responsible for the use of the Service (intended specifically with regard to the functions of publication, consultation, contact between users) and therefore the only guarantor responsible for the contents published through the Service as well as the correctness, completeness and legality of the text of the invitations and of their behavior when interacting with other users. The users shall also ensure that their announcements do not violate any copyright or intellectual property right or other rights of third parties. In the event of a dispute by a third party with respect to any content published or conduct related to it, the user takes full responsibility and agrees to hold harmless and indemnify SemBerry LTD from any damage, loss or expense.

The user agrees to use the contact form to others for the only purpose of contact and exchange of information with other users in relation to the invitations, using appropriate language, respecting the law, and ethics. The user also assumes responsibility for any damage that may result to his/her computer system by the use of the Service.

Given the element of personal interaction inherent to the use of the Service (exchange of messages, comments, scheduling of face to face meetings), the user undertakes to behave correctly both when communicating with other users through the site and at the time of any face to face meeting as a result of an invitation. All users are completely and unique responsible for their words and their behavior at any stage of the use of the site and any subsequent meetings.

Takes2 is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between any members, persons or organizations. The user is the sole responsible for his/her interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between members of our Services.

Our Service is just a platform that enables users to communicate and interact with other people around the world. We can not be responsible for the interactions users have between each other: users are required to use good Judgment and keep safety in mind when they make use our Services.

By access or using the Services, users agree to act responsibly, exercise good judgment and comply with these Terms of use.

In Additions, they agree not to:

(a) use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;

(b) infringe the rights of any third party, including and without limitation to: intellectual property, privacy, publicity or Contractual Rights;

(c) use the Services in any manner that could interfere with, disrupt, or negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;

(d) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Service);

(e) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other users of our Service;

(f) collect or store any information about any other users other than as permitted on our Services;

(g) use our Service for any commercial purpose whatsoever, unless with prior written consent from Semberry LTD;

(h) register for more than one user account;

(i) impersonate any person or entity, or falsify or otherwise misrepresent him/herself or their affiliation with any person or entity, whether by providing or omitting to shops provide information;

(j) circumvent or attempt to defeat any security or verification measure relating to use of the Service;

(k) present him/herself as an agent, representative, employee or affiliate of Takes2 or Semberry, including but not limited to when they participate in events with other users;

(l) assist any third party in doing any of the foregoing.

Identity Verification.

We can not and do not confirm each user's identity. Although we provide tools intended to assist with identity verification, such as email address verification, the user is solely responsible for determining the identity and suitability of others with whom he/she may interact through our Service. Takes2 / Semberry does not warrant or represent that our tools are sufficient to determinate whether it is appropriate for you to interact with another member. Furthermore, we do not endorse any persons who use or register for our service. We do not investigate or verify any user's reputation, conduct, morality, criminal background, or any information users may submit to the services (other than the email address verification function). We encourage users to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.

6. Limitation of Liability

SemBerry LTD makes no warranties about the content, completeness or accuracy of the published announcements, nor with respect to the data published nor about the information subsequently provided by the user, nor with reference to the number or quality of the results obtained through the Service. In any case SemBerry LTD reserves the right, at any time, to evaluate, approve, delete or prevent the publication of content or to inhibit the consultation or contact in the event that, at its sole discretion, deems that the use of Service may be considered detrimental to the rights or privileges of SemBerry LTD or third parties. SemBerry LTD is also stranger to any negotiations arising from the use of the Service and, therefore, does not guarantee neither the outcome nor the goodness of the same.

Because our Service is merely a platform, in the event that a user has a dispute with one or more members, he/she releases us (and our officers, directors, members, employees, agents and affiliates) 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 disputes longer available.

The Service is offered through the site takes2.net that can hold banners / links to other Internet sites or applications, which are not under the control of SemBerry LTD; the publication of these banners / links does not imply approval or endorsement by SemBerry LTD of those sites or their contents.

7. Limitations in the supply of Service

SemBerry LTD reserves the right to modify, suspend or terminate, in whole or in part, the Service at any time without notice.
SemBerry LTD will in no case be held responsible or part of the communication between users and negotiations arising therefrom, nor for any damage arising from failure to provide the Service under this contract due to malfunctioning of electronic means of communication for reasons beyond the sphere of the company's control.
By way of example, but not limited to, the failure of the server and other electronic devices also not an integral part of the Internet, malfunction of software installed, computer virus, or actions by hackers or others who have access to the network.

8. Bulk publication of posts

The use of tools for the automatic posting of content is prohibited, unless explicitly permitted by SemBerry LTD.
The serial publication of posts from third parties, by any means or modes, is also prohibited without the prior permission of SemBerry LTD.

In the event that specific thresholds are met daily / monthly, the system may prevent users from entering more invitations, in which case they will be notified by a notice from takes2.net.

9. Limitations to the content of the posts

Users of the Service agree not to misrepresent their identity and to comply with all applicable laws, which the user accepts and recognizes that he/she must review before inserting any content on the platform or making contact with another person through the Service. Users agree that they will not use the Service for publication, broadcast or exchange any unlawful, vulgar, obscene, libelous, defamatory, offensive to common decency, or in any way violates the rights of others or messages that incite hatred and the racial or religious discrimination. In addition, you agree not to use the Service in a manner that infringes the intellectual property rights of SemBerry LTD or third parties.

10. Privacy policy and use of cookies

Semberry LTD, 75 Bell Gardens, Haddenham, Ely, Cambridgeshire CB6 3TX, is responsible for the management of users' data.. Inquiries can be sent also by email to info@semberry.co.uk.

Semberry Ltd. is registered in the Registry of Data Controllers of the UK Information Commissioner's Office (ICO).

Sensitive information provided by users in the registration form (address, email, telephone number) is not displayed to other users. It is only stored in the database for administrative use by the website owners. Users' data that are displayed to other registered users (not to anonymous visitors) are: first name, last name, city, country, age range, gender, interests and profile, besides any other personal infromation that users may include in their invitations (including personla information in invitations is highly discouraged).

None of these data is currently shared with third parties. Any future use of these data will be promptly communicated to users, who will have the option to delete their account if they don't consent to such usage.

In the event that the service should cease to exist, the data will be either transferred to another party on condition that data be treated in the same way and or a similar service, or in any case with prior consent by the user; or, data will be stored by Semberry LTD in a database for any possible future controversy. In the event that Semberry LTD should cease to exist, these data will be destroyed.

Users can delete their accounts whenever they like, by clicking on the "Delete account" buton in their profile edit page. Deleting one's account causes the account to disappear from the platform; however a record of the user's account is kept in the administrative database, together with the related invitations, to be used ONLY in the event of future controversy.

Use of cookies

Semberry LTD is a UK-based company and Takes2 is hosted on a server in the UK. We therefore apply the UK "Cookie Law" following the EU Directive on data protection, which requires us to inform users about the installation of cookies from the Takes applicaton and from third parties and ask for consent for the installation of "profiing" cookies.

Cookies are small portions of code saved on the user's browser. They support some functionalities provided by the website.

Takes2 uses "technical" cookies (with the domain takes2.net) to save the session id of the user and to implement some functionalities that are core to the service. Among such technical cookies are the ones to set the navigation language or to gather some statistics.

The EU Directive does not prescribe acceptance by the user for technical cookies.

However, this website also uses third-party services (Google maps, Google Analytics, Facebook login, Mollom anti-spam engine), which could install "profiling" cookies on the user's browser.

For this reason a popup window is displayed on all pages requesting permission from the user to use cookies as indicated above. By clicking on any link on the website the user accepts our use of cookies.

The following services could install profiling cookies. For more information , it is recommended that users read the privacy policy of each of the listed services:
  • Google Analytics
  • Google Maps
  • Google Login
  • Facebook Login
  • Twitter Login
  • Mollom

 

11. Payments and taxes

The payment platform used on this website is Paypal: all transactions are subject to Paypal's terms and conditions.
Users don't need a Paypal account in order to pay: the Paypal interface allows them to choose the "Pay with a credit card" or "I don't have a Paypal account" option and accepts all major credit cards.

We apply a different VAT depending on the country of residence of the buyer. 

Semberry Ltd is based in the United Kingdom and applies the VAT Notice 741A: place of supply of services, which in turn reflects the EU Directive 2008/8/EC considering as place of supply of digital services the country where the buyer resides, limitedly to EU countries. Therefore, to purchases by users residing in a EU country we apply the VAT of that country. Purchases by buyers in non-EU countries are not subject to VAT.
For this reason, it is essential that users provide correct country information in their account and at the moment of purchase: the country registered in one's profile and the country indicated at the moment of purchase must coincide. A notice on the payment page informs the user that by proceeding with the purchase he/she confirms that the country indicated on that page is their country of residence..