Terms and Conditions

PLEASE READ THE FOLLOWING CUSTOMER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE SIGNING UP FOR AN ACCOUNT OR USING THE WIRELESS INTERNET SERVICES. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (AN ENTITY OR PERSON) & PERFORMANCE NETWORKS. AND BY PROCEEDING TO ESTABLISH AN ACCOUNT AND/OR USE THE SERVICE, YOU AGREE TO BE BOUND TO THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT SIGN UP FOR AN ACCOUNT OR USE THE SERVICE.

1.      Acceptable Use

If any user is found to be using the system in an unacceptable manner, the connection may be cancelled without notice. Behaviour which is unacceptable and may result in cancellation includes, but is not limited to:

a)      Interfering with or disrupting the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

b)      Damage or impairment of equipment, hardware, software, data, or operations which may also result in such;

c)      Use of the system for illegal or criminal purposes;

d)      Deceptive on-line marketing practices;

e)      Public use of obscene, offensive, abusive or otherwise objectionable language or material;

f)       Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

g)      transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

h)      Use of the system as a means to improperly gain access to other computer systems, networks, or programs.

i)        Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

j)        Harm, or attempt to harm, minors in any way;

k)      Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;

l)        Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

m)   Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

n)      Intentionally or unintentionally violate any applicable local, national or international law;

o)      "Stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;

p)      Use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

The provider is not responsible for, and makes no claim to, any material placed on its system by any user. The provider does not claim any copyright, trademark, or other interest in information accessed through its system.

2.       Warranties/Disclaimers: This service is provided a “as is” with no guarantees, no warranty of any kind. We are not liable to any customer for any harm that may occur through their use of our services, regardless of whose fault it might be. Our total economic obligation to our clients is limited to a refund of the fees paid to us by you (if Applicable).

3.      Security: The importance of security for all personally identifiable information associated with our guests is of utmost concern to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Performance Networks can't ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. We will cooperate fully (including giving them access to any information on our systems) with any authorities investigating crimes where our systems may have been used.

4.      We reserve the right to refuse service at our discretion. We reserve the right to cancel any account or prepaid subscription without notice at anytime (we will refund any unpaid balance.)

5.      Information we may collect about you:

We will collect and process the following data about you:

 

·         Submitted Information: the log in information which you provide and/or information from your social media account through which you access the Service (e.g. Twitter, Facebook etc). This information will be taken from your social media access page and will be subject to your privacy settings. We may also ask you for information when you enter a competition or promotion and when you report a problem with any of our Service.

·         Additional information: if you contact us, we may keep a record of that correspondence; we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them; details of transactions you carry out through our Service; details of your use of our Service including, but not limited to, location data, weblogs and other communication data and the resources that you access.

·         Device information: We may collect information about the mobile telephone, smart phone, hand held device, laptop, computer or any other device used to access and use the Services (Device), including, where available, the Device's unique Device identifiers, operating system, browser type and mobile network information as well as the Device's telephone number if applicable, for system administration. We may associate Device information with Submitted Information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.

·         Location information: We may collect and process information about your actual location.

·         Log information: when you use the Service, We may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), clickstream data, browser type and language, viewed and exit pages and date or time stamps.

5.1.    Cookies: our services use cookies to distinguish you from other users of our Services. This helps us to provide you with a good experience when you use the Service and also allows us to improve the Service. For detailed information on the cookies we use and the purposes for which we use them, see our cookie policy through the link on the log in page.

5.2.    Where we store your personal data:

·         The data that we collect from you is generally located on our servers in Europe however it may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of the Service or the provision of support services. By joining and using the Service, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

·         All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted via our Service; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. As access to the Service is through your chosen social media platform you should ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

5.3.     Uses made of the information. We use information held about you in the following ways:

·         To provide you with information regarding the venue in which you are using the Service including information relating to their goods and services;

·         To provide it to the venue owner or sponsor to enable them to see how the venue is being used and by whom if you do not want us to use your data in this way, then you should not use our Service.

6.      Policy Changes. This policy may be changed from time to time by the provider in its sole discretion without prior notification.

7.      TERM OF AGREEMENT. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.