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IMPORTANT:
by accepting these terms and conditions you are entering into a legally binding
contract. It is therefore important that you read these terms and conditions
carefully.
If
you do not agree to any part of these terms, or if any content of the sites is
illegal in the territory where you currently reside, then please do not use this
web site.
(Last
updated 20 August 2010)
1.
Interpretation
"LondonFetish.net" is the interactive on-line service operated by
LondonFetish.net on the World Wide Web of the Internet with content provided by
LondonFetish.net and third parties. "Subscriber" means each person who
establishes or accesses a connection ("Account") for access to and use
of LondonFetish.net.
In these terms and conditions, "you" refers to the member and
"we", "us" refers to LondonFetish.net.
Headings do not form part of these terms and
conditions and will not affect their interpretation.
2. User
age warranty & adult content warning
The sites are for adults aged 18 years of age or older. Persons under 18 years,
pretending to be under 18 years or soliciting persons under 18 years will be
removed from the site and further use will be blocked.
The content of the sites may be of an explicit gay nature and contain sexual
imagery and text. You agree that this type of content does not cause you
offence. We are not liable to remove content that causes you offence though we
will do so if it is in breach of our own content policy.
By clicking on any other buttons or links on this site
you are representing the fact that you are of legal age in your country.
3.
General
(A) This Agreement, which incorporates by reference other provisions
applicable to use of LondonFetish.net sets forth the terms and conditions that apply
to the use of LondonFetish.net by Subscriber. By using LondonFetish.net (other than to
read this Agreement for the first time), Subscriber agrees to comply with all of
the terms and conditions hereof. The right to use LondonFetish.net is personal and
individual to Subscriber and is not transferable to any other person or entity.
Subscriber is responsible for all use of Subscriber's Account (under any screen
name or password) and for ensuring that all use of Subscriber's Account complies
fully with the provisions of this Agreement. Subscriber shall be responsible for
protecting the confidentiality of Subscriber's password(s), if any.
(B)
LondonFetish.net shall have the right at any time to change or discontinue any aspect
or feature of LondonFetish.net, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
4.
Right To amend These Terms
We shall have the right at any time to
change or modify the terms and
conditions applicable to Subscriber's use of LondonFetish.net, or any part thereof,
or to impose new conditions, including, but not limited to, adding fees and
charges for use. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on LondonFetish.net, or by electronic or
conventional mail, or by any other means by which Subscriber obtains notice
thereof. The continued use of this website after changes are posted constitutes
your acceptance of the modified terms.
5.
Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
LondonFetish.net and any and all charges related thereto.
6.
Subscriber Conduct
(A) Subscriber shall use LondonFetish.net for lawful purposes only. Subscriber
shall not post or transmit through LondonFetish.net any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offence, give rise to civil liability or otherwise violate
any law, or which, without LondonFetish.net's express prior approval, contains
advertising or any solicitation with respect to products or services. Any
conduct by a Subscriber that in LondonFetish.net's discretion restricts or inhibits
any other Subscriber from using or enjoying LondonFetish.net will not be permitted.
Subscriber shall not use LondonFetish.net to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to become
subscribers of other on-line information services competitive with LondonFetish.net
or to solicit users to become subscribers or customers of any online service for
which a dividend, fee, commission, or any compensation whatsoever is provided
unless all dividends, fees, commissions, or other types of compensations
whatsoever are paid directly to LondonFetish.net. Any dividends, fees, commissions,
or any other types of compensation earned are understood to be the sole property
of LondonFetish.net and will be paid to LondonFetish.net within five (5) days of receipt
of such monies and without demand, where time is of the essence. Failure to pay
these monies within five (5) days of receipt, where time is of the essence,
indicates the intent of the recipient to deny such monies to LondonFetish.net and
shall be paid to LondonFetish.net immediately upon demand, with interest accrued from
the date first earned at 1.5% per month (18% per annum) and with a Late Payment
Penalty of £100 for each occurrence where monies are not received by
LondonFetish.net within five (5) days of being received
(B)
LondonFetish.net may contain copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics submitted by Subscribers and/or operators of LondonFetish.net unknowingly of
such copyrights. If such copyrighted material should exist, it is the property
of the copyrighter. If the copyrighter should request the material be removed
from LondonFetish.net, the copywriter should submit a request, via our contact page, immediately requesting the removal of such infringed material. Subscriber may
not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in
part. In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. Subscriber acknowledges that it does
not acquire any ownership rights by downloading copyrighted material.
C)
Subscriber shall not upload, post or otherwise make available on LondonFetish.net any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is not
protected by copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of LondonFetish.net, Subscriber automatically grants, or
warrants that the owner of such material has expressly granted LondonFetish.net, the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for the full term of any
copyright that may exist in such material. Subscriber also permits any other
Subscriber to access, view, store or reproduce the material for that
Subscriber's personal use. Subscriber hereby grants LondonFetish.net, the right to
edit, copy, publish and distribute any material made available on LondonFetish.net
Online by Subscriber.
(D)
The foregoing provisions of Section 6 are for the benefit of LondonFetish.net, its
subsidiaries, affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on
its own behalf.
(E)
Subscriber shall not use automated methods to download or retrieve the contents
within LondonFetish.net. To do so, can result in immediate termination of
subscription and/or membership without prior notice or notification.
7.
Disclaimer of Warranty
(A)
Subscriber expressly agrees that use of LondonFetish.net is at
subscriber's sole risk. Neither LondonFetish.net, it's affiliates nor any other
respective employees, agents, third party content providers or licensors warrant
that LondonFetish.net will be uninterrupted or error free; nor do they make any
warranty as to the results that have been obtained form the use of
LondonFetish.net, or as to the accuracy, reliability or content of information, service
or merchandise provide through LondonFetish.net.
(B) LondonFetish.net is provided on an "as is" basis without
warranties of any kind, either express or implied, including, but not limited
to, warranties of title or implied warranties of merchantability or fitness for
a particular purpose, other than these warranties which are implied by and incapable
of exclusion, restriction or modification under the laws applicable to this
agreement.
8.
Limitation of Liability
(A)
This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction or unauthorised access to, alteration of, or use of record,
whether for breach of contract, tortuous behaviour, negligence, or under any
other cause of action. Subscriber specifically acknowledges that
LondonFetish.net is not liable for the defamatory, offensive or illegal conduct
of other subscribers or third-parties and that the risk of injury from foregoing
rests entirely with the subscriber.
(B) In no event will LondonFetish.net, or any person or entity
involved on creating, producing or distributing LondonFetish.net, be liable for
any damages, including, without limitation, direct, indirect, incidental,
special, consequential or punitive damages arising out of the use or inability
to use LondonFetish.net. Subscriber hereby acknowledges that the provisions
of this section shall apply to all content on LondonFetish.net.
(C) In addition to the terms set forth above neither,
LondonFetish.net, nor its affiliates, information providers or content partners
shall be liable regardless of the cause or duration, for any errors,
inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity
of, the information contained within LondonFetish.net, or for any delay or interruption
in the transmission thereof to the user, or for any claims or losses arising
therefrom or occasioned thereby. None of the foregoing parties shall be liable
for any third-party claims or losses of any nature, including, but not limited
to, lost profits, punitive or consequential damages. Neither
LondonFetish.net, nor its affiliates, information providers or content partners
warrant or guarantee the timeliness, sequence, accuracy or completeness of this
information. Additionally, the are no warranties as to the results
obtained from the use of the information.
(D)
Whilst we take all reasonable precautions to protect the sites and its users
against worms, viruses and other harmful material, before downloading or using
any potentially harmful material on the sites, you are advised to ensure that
your systems have up-to-date virus detecting software and have that software
check the safety of any materials. Therefore, we do not accept
responsibility for any defects, viruses or other harmful components that may be
contained within any of the sites.
9.
Monitoring of content
LondonFetish.net, shall have the right, but not the obligation, to monitor the
content of LondonFetish.net, including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established by LondonFetish.net, and to
satisfy any law, regulation or authorised government request. LondonFetish.net, shall
have the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on LondonFetish.net. Without limiting the foregoing,
LondonFetish.net, shall have the right to remove any material that LondonFetish.net, in
its sole discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
10.
Indemnification
Subscriber agrees to defend, indemnify and hold harmless LondonFetish.net, its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of
the use of LondonFetish.net by Subscriber or Subscriber's Account.12
11.
Termination
Either LondonFetish.net, or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, LondonFetish.net, shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by Subscriber which
LondonFetish.net, in its sole discretion, considers to be unacceptable, or in the
event of any breach by Subscriber of this Agreement. The provisions of Sections
6(B), 6(C), 6(D), 7, 8, 10, 12 and this Section 11 shall survive termination of this
Agreement.
12.
Trademarks
The trademarks, logos, names and images displayed on this website are the
registered or unregistered trademarks of the company and others and property of
their respective owners. Except where expressly stated to the contrary, nothing
in this website confers any licence or right to use any trademark displayed on
this website without our prior written approval or the owner of the relevant
trademark.
13.
Third Party Content
LondonFetish.net, is a distributor (and not a publisher) of some content supplied by
third parties and Subscribers. Accordingly, LondonFetish.net, has no more editorial
control over such content than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information
providers, Subscribers or any other user of LondonFetish.net, are those of the
respective author(s) or distributor(s) and not of LondonFetish.net,. Neither
LondonFetish.net, nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of warranty.)
In
many instances, the content available through LondonFetish.net represents the
opinions and judgments of the respective information provider, Subscriber, or
other user not under contract with LondonFetish.net. LondonFetish.net, neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice or
statement made on LondonFetish.net by anyone other than authorized LondonFetish.net,
employee spokespersons while acting in their official capacities. Under no
circumstances will LondonFetish.net, be liable for any loss or damage caused by a
Subscriber's reliance on information obtained through LondonFetish.net. It is the
responsibility of Subscriber to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available
through LondonFetish.net. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or other
content.
14.
Advertisement Liability
Publication of an advertisement does not constitute endorsement or approval of
any product or service advertised, or any point of view, standard, or opinion
presented therein. LondonFetish.net is not responsible for any claims made in an
advertisement appearing in its publications.
The advertiser and/or advertising agency assume liability for all ad content
including text preparation and illustrations. It is understood that the
advertiser and/or advertising agency will indemnify and hold LondonFetish.net
harmless from and against any loss, expense, or other liability resulting from
any suits including actions for libel, breach of warranty, negligence, product
liability, misrepresentation, fraud, violation of privacy, plagiarism, copyright
infringement, and any other claims or suits whatsoever that may arise from
publication of such advertisement.
LondonFetish.net
will not be bound by any term(s) or condition(s) that an advertiser includes on
order forms or invoices unless LondonFetish.net has agreed in writing to such term(s)
or condition(s).
Other
than the return of any charge that has been paid, LondonFetish.net is not liable for
any alleged loss or damages if an advertisement is omitted for any reason.
Advertiser
claims for errors will be decided on a case-by-case basis with discounts offered
for the advertisement in question or on the advertiser's next order provided it
is determined that LondonFetish.net made the error and that the error seriously
affected advertising results.
15.
Miscellaneous
This Agreement and any operating rules for LondonFetish.net established by
LondonFetish.net constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral agreements
between the parties with respect to such subject matter. The section headings
used herein are for convenience only and shall not be given any legal
importance.
16.
Applicable Laws
These terms are governed and construed in accordance with the laws of England.
If any of the terms is held to be unlawful, void or for any reason
unenforceable, then that provision will be deemed severable and will not affect
the validity and enforceability of the remaining terms. You agree to submit to
the non-exclusive jurisdiction of the English Courts.
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