Terms and Conditions

Terms of Use of amegoworld.com

amegoworld.com ("our Site") is an internet facility that allows you to create an Amego Avatar. Your Amego is an animated, three-dimensional image of your face and head that can speak words as you type.

This page (together with the documents referred to on it) tells you (“the User”) the Terms of Use on which you may make use of our (“AmegoWorld Limited”) website (“the Terms of Use”) and the services offered by amegoworld.com which includes but is not limited to Amego application downloads, games, gadgets and AmegoFeeds and any other features, content, or applications offered from time to time by AmegoWorld (“the Service”), our Site whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Site. By using our Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Site immediately.

Information about us

amegoworld.com is a Site operated by AmegoWorld Limited (collectively "We”, “Us” or “the Company”).  We are registered in England and Wales under company number 05875775 and have our registered office at Kemp House, 152-160 City Road, London, EC1V 2NX.  Our VAT number is 900 0655 73. We are part of AmegoWorld Holdings Limited, Centurion House, PO Box 702, Beresford Street, St Helier, Jersey JE4 0PG Channel Islands.

We are a limited company.

This Agreement includes our Privacy policy, unless expressly stated otherwise.

Accessing our Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us and we reserve the right in our absolute and sole discretion to reject, terminate, refuse to post or remove any and all postings made by you or to you, or to restrict, suspend, refuse or terminate your access to all or any part of the Site at any time, with or without prior notice.

Non-Commercial Use

The Services are for personal use only and you are not permitted to use them for or in connection with any commercial gain whatsoever unless otherwise agreed in writing by us and you must not accost any third party, whether directly or indirectly, in using the Services for any commercial gain.

Confidentiality

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. You agree to immediately notify us if you know or suspect any unauthorised use of your account, profile or password.

You are responsible for making all arrangements necessary for you to have access to our Site.  You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use, and that they comply with them.

Fees

amegoworld.com offers the Services free of charge.  We reserve the right at any time to change this by charging a fee but will inform you by e-mail if we intend to do so.  If you continue to use the Services after e-mail notification of the change in our fee policy, you will be deemed to have accepted the change in our fee policy.

Intellectual Property Rights

All Intellectual Property Rights in the content on the Site and available through the Services, including but not limited to designs, text, graphics, pictures, applications, software, music, sound, their selection and arrangement (the “Site Content”), are owned or licensed by us.  Those works are protected by copyright, trade mark, patents and other applicable intellectual property rights.  All such rights are reserved.

We do not claim any ownership in the text, files, images, works of authorship or otherwise (“Your Content”) that you have posted to the Site. You continue to retain all ownership rights in your content.  However, you hereby grant to us a non-exclusive limited licence to use, modify, publicly display, perform, reproduce and distribute Your Content so as to enable us to perform the Services.

You represent and warrant that you own Your Content posted on or through the Services and warrant that it does not infringe the intellectual property rights of any third party. You agree to indemnify us against all costs, claims and damages, losses and expenses arising as a result of the claims or action that Your Content infringes the intellectual property rights belonging to a third party.

Except for Your Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, dismantle, perform, display, or sell any Site Content appearing on or through the Services.

You must not modify the paper or digital copies of any Site Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors or users) as the authors of material on our Site must always be acknowledged.

You must not use any part of the Site Content for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We hereby grant you a limited, revocable licence to use the Site Content (excluding the software code) solely for your personal use in connection with viewing the site and using the Services.  You may use information made available by us purposely for downloading from the Site, provided that you

  • do not remove any proprietary notice language in all copies of such documents;
  • use such information only for your personal non-commercial use and do not copy or post such information on any networked computer or broadcast in any media; and
  • make no modifications to such information.

Reliance on information posted

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

Our Site changes regularly

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. The Site, Site Content and Services are provided “AS IS” and on an “AS IS AVAILABLE” basis without any representations of any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranty as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time;
    • and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We do not warrant that functions contained in the Site Content will be uninterrupted or error free, that defects will be corrected, or that the Site or server that makes it available will be bug or error free.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our Site

We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate and true.

Uploading material to our Site

Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

Viruses, hacking and other offences

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack or by the use of any other form of malware.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Site other than that set out above, please address your request to contact@amegoworld.com.

Links from our Site

Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

Trade Marks

“Amego” and "AmegoWorld” are UK registered trade marks of AmegoWorld Limited.

Term & Termination

This Agreement shall come into force as soon as you use the Service or our Site and shall continue in full force and effect while you use the Service or our Site.

You may terminate your use of the Service or Site at any time but this Agreement will continue in full force and effect.

We may terminate this Agreement immediately at any time if you commit any material breach of this Agreement.  On termination all provisions of this Agreement shall cease to have effect, except any provision which can be reasonably inferred as continuing, or is expressly stated to continue, shall continue in full force and effect.

General

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.  If you do not agree with any such amendments you have the right to terminate your use of the Site. You agree to be bound by any changes to this Agreement when you use the site Services.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent permissible by law, it shall be severed and deleted from these Terms of Use and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  These Terms of Use are governed by English law.

Your concerns

If you have any concerns about material which appears on our Site, please contact us using the contacts page.

Thank you for visiting our Site.

PRIVACY POLICY FOR AMEGOWORLD.COM

AmegoWorld Limited ("We") are committed to protecting and respecting your privacy.

amegoworld.com ("our Site") is an internet facility that allows you to download the software applications you need to make an Amego (AmegoCreator) and to allow your Amego to communicate with other users via the internet. Your Amego is an animated, three-dimensional image of your face and head that can speak words as you type, and AmegoMessage is the instant message program that allows your Amego to communicate with others. Our Site may also offer various other related programs, gadgets or facilities from time to time, either for downloading to your computer or for use online in our Site or another website.

This Privacy Policy ("the Policy") (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Act 1998 (the Act), the data controller is AmegoWorld Limited of Kemp House, 152-160 City Road, London, EC1V 2NX. Our nominated representative for the purpose of the Act is John Storey.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

  • Information that you provide by filling in forms on our Site amegoworld.com (the "Site") or by setting up your personal details and creating your "Amego" via AmegoCreator, inviting others to join your roster, communicating with others, and transmitting any and all other information through the Site when you report a problem with our Site.
  • 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 your visits to our Site including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Site and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise our Site according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to our Site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.

Please note that our advertisers may also use cookies, over which we have no control.

WHERE WE STORE YOUR PERSONAL DATA

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

You should be fully aware that the transmission of information via the internet is never completely secure or impenetrable. You post user content on the site at your own risk. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; 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.

We cannot control the activities of any Users with whom you choose to share your personal information. You understand and acknowledge that you share your personal information at your own risk.

MISUSE OF PERSONAL DATA

If you have any reason to believe whatsoever that your personal information has been misused or improperly collected by us or a User in breach of the Website Conditions of Use you should immediately contact contact@amegoworld.com

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

  • To ensure that content from our Site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.
  • To provide you with a personalised service/features.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post, e-mail or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).

YOUR CHOICE TO SHARE YOUR INFORMATION WITH THIRD PARTIES.

When you use amegoworld.com you will create an Amego in which you will transform a 2D photograph of yourself into a 3D Amego. You will submit other personal information such as your e-mail address, name, birthdate, postcode/zipcode. Some of this information, including your screen name, real name and date of birth may be displayed to other users in order to facilitate user interaction in the applications.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If AmegoWorld Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of AmegoWorld Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at contact@amegoworld.com

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to contact@amegoworld.com