Privacy Policy
By using the Site you are agreeing to be bound by the Service Agreement (Agreement) and Privacy Policy including all amendments made to date. The Agreement and Policy may be modified by from time to time; First Media (Metro Vibe UK) may modify the Agreement and Policy. Such modifications become effective upon posting by Metro Vibe UK to the Site. If you disagree with anything in the Agreement or Policy, please do not use the Site or any services provided in connection with the Site.
Privacy Statement
Metro Vibe UK respects the privacy of its members and those who enter our contests and promotions. As part of our commitment to you, and in our on-going endeavor to protect our Member's privacy, we want to clarify why we may ask you for your personal information (such as your name, address and email/phone number). The safeguarding of your information and trust is important to us. For this reason, we have set out this Privacy Policy so you can clearly understand what information you may be asked to provide and how we will use that information to help enhance your experience on Metro Vibe UK. If you have any questions or comments about this Privacy Policy, please email us at privacy@Quest Chat.com.
Our Privacy Policy can be accessed from the main page (where Members sign in) of the Site and on every page of the Site. If you would like a hard copy of the Privacy Policy, or have questions or feedback, you may contact us in writing at the following address stating your request: Metro Vibe UK CONTESTS PRIVACY USAGE; P.O. BOX 712; STATION "U"; TORONTO, ON; M8X 5M4; CANADA.
In having an account or community profile on the internet address www.theMetro Vibe UK.com, you agree and opt into receiving information from Metro Vibe UK in providing you service and for informing or entering you into promotions and contests. Metro Vibe UK, in providing members promotions and contests, may have no direct or indirect relationship, or affiliation with the company or corporation administering the promotions and contests, except where the prize consists of a gift certificate for use on the internet address www.theMetro Vibe UK.com. Members should review the terms and rules of such promotions and contests for complete details about their participation and terms of participation. Members will not hold Quest Chat liable for any damages, warranties or liability resulting from participating in any promotions or contests.
If you are a member, we collect personal information in order to set up an account/membership and to provide you with exemplary ongoing service. For example, we collect information that allows us to process your account/membership, confirm your identity and email/phone number so that we can assist you knowing that you are who you say you are. Metro Vibe UK reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site from time to time. For this reason, we require that you enter your email address when you become a Member. Your information is strictly confidential and is stored to prevent improper access. Personal information that we collect assists us in ensuring that only you and only you have access to your account/membership or personal information. Be assured, Metro Vibe UK will not sell, lend, or otherwise distribute your email address to external/third parties unless we have your express consent. We may contact you to conduct surveys or determine your preferences in order to better serve you and provide you with the service that you wish to receive. We will not, however, share or disclose such survey information with any third parties without your consent. Metro Vibe UK, however, reserves the right to disclose information about your usage of the Site and demographics in such a way as not to reveal your personal identity to internal and third parties as deemed appropriate.
If you enter a contest or participate in a promotion, we collect personal information to process your entry and administer the contest/promotion. Personal information collected for contests/promotions becomes the property of Metro Vibe UK. On occasion, we undertake contests/promotions with sponsors or we use third parties to assist us in administering a contest/promotion. In these cases, we may share your personal information with these sponsors or administrators in order that they can assist us in undertaking and administering the contest/promotion. In addition, if you enter a contest or participate in a promotion that involves or relates to specific products, services or activities, we or our sponsors may send you material that relates to such products, services or activities. We will honour any requests you may have to access to or review your personal information. If you have any questions or concerns about our privacy practices or you wish to restrict our use of your personal information discussed above, you may contact us in writing at the following address stating your request: Metro Vibe UK PRIVACY USAGE; P.O. BOX 712; STATION "U"; TORONTO, ON; M8X 5M4; CANADA.>
In your use of the Site, you agree to the terms of our Privacy Policy. If you object to your information being transferred or used in any manner described in the Service Agreement or Privacy Policy, please do not use the Site.
Information Collection
For the purposes of this Policy, users of the Site are made up of Guests and Members.
Guests to the Site are able to browse the Site, search profiles, and view any articles or polls on the Site without entering any personal information. Only such information as is captured automatically by our statistical reporting engine and database records is kept. Examples of this information are your:
- IP address
- Platform, operating system, and browser information
- Path through the Site
Members of the Site are required to supply some general personal information when they create an account. This information may include, but is not limited to, your:
- Name
- Location
- Email address
- Age
- Gender
- Sexual preference
Members of the Site are not required to, but may provide in exchange for greater access to features and functionality or to receive the full experience of Membership, the following types of information:
- Income
- Personal data
- Pictures
- Opinions
Because some features and services on the Site are available for a fee, a Member may elect to purchase a subscription. This is the only case in which a Member is required to supply credit or financial information.
Due to the sensitive nature of such financial information, Members are transferred to our Secure Server before any such transaction takes place, and we protect their information.
Private Information
Private information, in the context of this Policy, is information that may be personally identifying.
Your Private information, including your name and email address, will not be made Public and will never be seen by other Members unless you post this information in a public area. Be advised, we do not encourage or allow such information in public areas and if you are found to be posting personally identifying information in such areas, we will remove it as per the terms of our Service Agreement.
Your Account Name and Password are also considered private. If you forget your account name and password, we will send it to you at the email address you provided when you created your account.
Public Information
Public Information is information about you that is not personally identifying and is seen by other Members. This information gives other Members general information about you, your interests, your age, your geographic location, your gender, your sexual preference, as well as other optional information such as ethnicity, religion, marital status, smoking/drinking habits, and more.
Members also have the option of uploading personal pictures to the Site. Any pictures posted to your Profile are considered Public, as they are accessible either openly or through invitation.
Information Use
Except where you are expressly informed otherwise or as described in this Policy, Metro Vibe UK does not sell, rent, share, trade, or give away any of your personal information except to financial institutions when fees may be required, or for the protection of your Membership.
Your email address is used to communicate important information about your Membership. These communications are not optional because they are necessary to your enjoyment of the Site. For example, when you create your account, we send an automatic email to welcome you to the Site and provide you with your Account Name and Password for your records.
When you create your account, you may also opt-in to receive promotional news, discount offers, and special announcements.
We will not sell, rent, or make available to any third parties without your consent any personally identifying information, however Metro Vibe UK reserves the right to cooperate with local, provincial, and national authorities in any investigation requiring either personal information, including any personal information, including messages, provided online through the Site, or reports about lawful or unlawful user activities on this Site.
All information provided directly or indirectly by Members is stored, at Metro Vibe UK's sole discretion, for as long as you are a Member on the Site, or for six (6) months for archival purposes.
Correcting, Updating, or Removing Information
Security
Metro Vibe UK takes every precaution to secure your private information.
When fees are required and personal information is required for processing by financial institutions, that information is encrypted to protect the data with the best encryption software standard (SSL).
All private information is restricted and protected by technological and/or software security solutions. Only employees who need the information to perform a specific job (for example Web Member Services who may require information to verify your identity) are granted access to personally identifiable information.
Exchange Monitoring
Members communicate directly with each other through the Site via onsite mail and messenger, our instant messaging application. While Metro Vibe UK does not, as a rule, monitor private conversations, Metro Vibe UK reserves the right to do so if we suspect Members of being under 18 or of using the Site in a manner that violates the terms of the Privacy Policy or the Service Agreement.
Member submissions that are considered public and viewable by the general public are always reviewed and, if necessary, Metro Vibe UK reserves the right to edit, delete, remove, or not use any content or information supplied by a Member.
Children
Members must be 18 years of age or older to register. Metro Vibe UK does not knowingly solicit data from children, nor do we knowingly market to children.
Linked Internet Sites
Members should be aware that other Internet sites to which Members may hyperlink from the Site might contain privacy policies that differ from ours. Metro Vibe UK is not responsible for such policies and expressly disclaims any and all liability related to such policies.
Policy Amendments
From time to time Metro Vibe UK may revise this Policy. Your continued use of the Site now, or following the posting of changes to the Policy, will constitute a binding acceptance by you of this Policy, or any subsequent modifications.
Terms of Service
When you sign up for any service within the FM group of phone based communities (Metro Vibe UK) you agree to all of the terms and conditions of this Agreement.
Please read the following terms and conditions carefully, as they form the agreement between you and FM. If you do not agree to these terms and conditions, you may not use the Service. By using the Service after 14 JUNE 2007 you are agreeing to be bound by this Agreement, including all amendments made to date.
User Agreement
This Agreement constitutes your agreement with First Media ("FM"), with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means FM or any successor or assign of FM.
Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
Adult
You represent that you are at least 18 years old.
Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
- you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
- you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
- you will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law;
- you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
- you will not use the Service to promote any solicitation for funds, advertising or solicitation for goods or services; and
- you will not post or transmit in any manner any contact information including, but not limited to, telephone numbers, postal addresses, e-mail addresses, web sites, or full names through your publicly posted information.
Fees and Payments
- Full Members of the Service are required to purchase "Blocks of Time" in order to use the "paid features" of the Service. Each Block of Time comprises a set number of minutes for time on the paid features of the Service ("Minutes"). Each of the "paid features" of the Service costs a minimum of one or more minutes to use. Each time a Full Member uses a "paid feature" of the Service, the Member's account of Block of Time is debited by the number of full minutes charged to use that "paid feature".
- Blocks of Time may be purchased via a 1-900 telephone number, Western Union, bank draft, cash/money order or by credit card (via customer service at 1.800.449.5744) based on the pricing policy as stated on the Service at the time of purchase (not all methods of payment are available on all Services or in all geographic areas). We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method or manner in which we charge members for Blocks of Time, or the method of payment which is acceptable to us, at our sole discretion.
- Once we have confirmed receipt of your payment, we will credit your account with the Block of Time purchased. Where we receive payment for an incorrect amount we will credit your account with a pro-rated number of minutes based on the funds received. Minutes will be automatically deducted from your account as you use "paid features" of the Service. You can confirm the number of Minutes which remain available to you in your account at any time from the Member Services section
- THE PURCHASE OF MINUTES IS NON-REFUNDABLE. Any unused Minutes will remain credited to your account but will not be refunded if unused, even if you are no longer using the Service. Minutes will only be credited to the account of the Full Member purchasing the Time, and to no one else. Time may not be transferred from one member of the Service to another member. The cost of Time purchased by a Full Member is not refundable under any circumstance but can be used by you at any time.
- You agree to pay all fees and charges incurred in connection with your membership with the Service (including any applicable taxes1) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the Service or on this site from time to time. You also are responsible for any fees or charges incurred to access the Service through the telephone system, including but not limited to telephone charges, long distance charges or mobile phone charges.
Privacy and Use of Information
By using the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information or documents you provide through the telephone system, on the World Wide Web and through your voice messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
You may not use the Service for any unlawful purpose. We may refuse content that impersonates someone else, is protected by proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
Monitoring of Information
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.
Removal of Information
While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation, profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may record to the Service or send to the users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Proprietary Information
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
No Responsibility
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service for the amount of you last purchase. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.
Security
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to, use of your password by any third party or access to pictures if any.
Indemnity
You agree to indemnify FM, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
No Warranties
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any profile, advice, opinion, statement or other information recorded or distributed through the Service by FM, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send you voice messages, for the purpose of informing you of issues, changes or additions to the Service, or of any FM related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
Law
This Agreement shall be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.
Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. FM has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of FM, if FM's obligations hereunder are assumed by a third party, FM shall be relieved of any and all liability under this Agreement.
Limitation of Liability
In no event will FM be liable to you for any incidental, consequential, or indirect damages arising out of the use of or inability to use FM, even if FM or its agents or representatives know or have been advised of the possibility of such damages, or to any person other than you.
FM does not screen the members registering to Metro Vibe UK in any way. As a result, FM will not be liable for any damages, direct, indirect, incidental, and/or consequential, arising out of the use of this service, including without limitation, to damages arising out of communicating and/or meeting with other members of this service, or introduced to you via this service. Such manage include physical damages, bodily injury or emotional distress and discomfort.