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BONEFISH
LIMITED
1.
INTRODUCTION
1.1 These Terms set out your
rights and obligations and those of BONEFISH LIMITED a
company registered in the British Virgin Islands under
registration number 494967 (“BONEFISH”, “we” or
“us”) in relation to this site and the dating and
other services offered by BONEFISH through it (“the
Service”).
1.2 By registering as a member participating in and
using the Service you (“the Member”) accept these
Terms of Use and agree to be bound by these.
1.3 Visitors to the Service who do not register to
become a Member also affirm that they are bound by these
Terms of Use each time they access the Service or use such
parts of the Service as they are permitted to use.
1.4 You should be aware that these Terms of Use may
be amended in accordance with Clause 13 below
2.
MEMBERSHIP
2.1 People who register for the Service become
“Members”. They must be at least 18 years of age and
in registering as a Member you are confirming that you are
over 18.
2.2 As well as being able to browse the Services
Members may access the following:
· Discussion Board
· Members Poll
· Rate Members (on certain sites)
· Read Articles/News Stories
· Access to Special Offers
3.
OUR OBLIGATIONS
3.1 Whether you are a Member or a visitor to the
Service you acknowledge that we are not and cannot be
responsible for the behaviour or communications of other
Members or visitors whether on the Service or outside of
it. We only provide a venue for Members and others to
access the Service.
You should be aware that BONEFISH does not pre-screen or
monitor the material contributed by Members.
3.2 We have, however, put in place a Privacy Policy
(which you may access by clicking on*) and this forms part
of our Agreement with Members. As part of this policy:-
3.2.1 Members
authorise BONEFISH to disclose non-sensitive personal data
to other parties unless you indicate that you do not wish
BONEFISH to do so.
3.3.2 BONEFISH
agrees not to disclose sensitive personal data without the
express consent of the Member.
4.
YOUR OBLIGATIONS
4.1 The Member is solely responsible for the
content, quality and accuracy of the information it
provides.
4.2 The Member may not post, transmit or otherwise use
any information gained from BONEFISH’s website without
the express permission given by the owner of that
information.
4.3 The Member shall not interfere or attempt to
interfere with the operating of the website in any way nor
by any means and/or device including but not limited to
spamming, hacking, uploading computer viruses or time
bombs or the means expressly prohibited by any provision
of these Terms of Use.
4.4 The Member shall not use any BONEFISH website to
transmit vulgar, racist, libellous or otherwise offensive
and/or illegal material of any kind.
5.
OUR RIGHTS
5.1 BONEFISH may but is not obligated to monitor
the Services and the information contained on it, to
maintain it or protect the rights of users.
5.2 BONEFISH reserves the right to decide upon the way
and means of displaying the information provided by
BONEFISH’s users including but not limited to deciding
upon conditions for priorities in search results: BONEFISH
shall not be required to disclose any of these conditions,
being BONEFISH intellectual property.
5.3 BONEFISH reserve the right to remove any materials
at any time, at its sole and absolute discretion including
but not limited to removing profiles with invalid e-mail
addresses, removing multiple users profiles and to refuse
any material deemed offensive, racist or otherwise unfit.
5.4 BONEFISH reserve the right, without any prior
notice, to cancel the access and/or membership of any user
not complying with these Terms of Use or any guidance
notes on the Service and the member in these circumstances
shall not be entitled to any refund.
5.5 BONEFISH shall have the right regardless of the
reason, at its sole discretion, to terminate, change,
suspend or discontinue any aspect of the website,
including but not limited to content, features, or hours
of availability. BONEFISH may also impose limits on
certain features and services or restrict the Member’s
access to parts or the entire website without notice or
liability.
5.6 BONEFISH may from time to time provide access to
third party sites for the benefit of members. BONEFISH
will be under no liability for any material displayed or
contacts made through these sites or for any loss suffered
or for any other sites which members may be able to access
through the Service.
5.7 In the event of any dispute or disagreement
between members BONEFISH reserve the right to resolve any
disputes between members and BONEFISH’s decision shall
be final in the matter.
6.
INTELLECTUAL PROPERTY
You acknowledge that all copyright, trade marks and other
intellectual property rights in and relating to the
BONEFISH Service (including the material which is
contributed by Members) are owned by BONEFISH. It is easy
to copy material which appears on websites, but this does
not mean it is legal. Therefore, no-one may copy,
distribute, show in public or create any derivative work
from the BONEFISH Service, or any of the material which is
found on the BONEFISH Service unless properly licensed to
do so by us.
By submitting any material to the content of the BONEFISH
Service you:-
(a) are representing that you are fully entitled to
do so;
(b) grant us a non-exclusive, royalty-free,
non-terminable licence right to copy, modify, distribute,
show in public and create derivative works from that
material in any form, anywhere; and
(c) authorise us to adapt the relevant material in
the course of doing so, and so waive your moral rights to
object to any derogatory treatment, or to be identified as
the author, of the material in question.
7.
EXCLUDED LOSS
We will not be liable to you or any third party for any
indirect or consequential loss or damage, or for any loss
of data, profit, revenue or business, howsoever caused
(whether arising out of any negligence or breach of these
Terms of Use or otherwise) or any claim for defamation or
libel. BONEFISH will also not be liable for any failure to
perform any of its obligations under this Agreement caused
by matters beyond its reasonable control.
8.
MAXIMUM LIABILITY
Without limiting the preceding Clause, during any period
of twelve months, the aggregate liability of BONEFISH
under these Terms of Use (whether arising in negligence or
otherwise) will not under any circumstances exceed the
greater of:
(a) £10.00; or
(b) an amount equal to the sums paid by you to us
by way of membership fees paid by the member during the
relevant period of twelve months, regardless of the cause
or form of action.
9.
NON-EXCLUDED LIABILITIES
Nothing in this Agreement limits BONEFISH’s liability
for death or personal injury resulting from our
negligence, or any other liability which may not by law be
excluded. Any statutory rights you may have as a consumer
remain unaffected.
10.
INDEMNITY
You agree to indemnify us against all liabilities, claims
and expenses that may arise from any breach of these Terms
of Use of the Service by you or through a machine on which
you access the Service.
11.
ASSIGNMENT
We reserve the right to assign this Agreement, and to
assign or subcontract any or all of our rights and
obligations under this Agreement. You may not without the
written consent of BONEFISH assign this Agreement.
12.
ENTIRE AGREEMENT
These Terms of Use include our Privacy Policy. Together
they contain the whole of the agreement between us and you
concerning the BONEFISH Service (“the Agreement”) and
they replace all earlier agreements and understandings
with you, except for any fraud or fraudulent
representation by either of us. A person who is not a
party to this Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to rely upon or enforce
any term of this Agreement.
13.
CHANGES TO THIS AGREEMENT
BONEFISH reserves the right to change this Agreement from
time to time and post the new version on the BONEFISH
Service. When we do so, we will notify you of the fact
that there are changed terms on the main screen (http://www.dating-central.com/dc/members/joiningdisclaimer.asp)
and the new version of these terms and conditions will
take effect, and will govern all BONEFISH Services and
your relationship with BONEFISH:
(a) commencing four weeks after the date of posting
(or such later date as BONEFISH indicates in the relevant
posting), if any of the changes is to an operative
provision of this Agreement which is capable of adversely
affecting you; if you do not wish to be governed by the
new version of the Agreement, you may notify us on or
before the date when the new version of the Agreement is
to take effect, and from that date you must cease to use
the BONEFISH Service; or
(b) immediately upon the date of posting (or such
later date as BONEFISH indicates in the relevant posting),
if the changes are not to operative provisions, or not
capable of adversely affecting you – examples of which
would include, without limitation, changes to one or more
of BONEFISH’s addresses or e-mail addresses referred to
in this Agreement.
14.
SEVERABILITY
In the event that any term of this Agreement is held to be
invalid or unenforceable by judicial decree or decision,
the remainder of this Agreement shall remain valid and
enforceable.
15.
LAW
This Agreement shall be governed by and construed in
accordance with the laws of England and Wales.
16
CANCELLATION POLICY
16.1 You may cancel your subscription at any time
by e-mailing support@dating-central.com.
Cancellation will take effect at the end of five
working days after notice of cancellation is received.
16.2 All members receive an unlimited free trial
before paying to contact other members. Because of this
opportunity to sample the quality of our site at no cost
and because Members gain immediate use of the Service, we
do not offer refunds of purchased time for the remaining
period of your membership, however long this may be.
17
CONSENT
By this Agreement members give their consent that BONEFISH
may pass information about you to other individuals. These
individuals may be located in countries outside the UK
which do not have sufficient Data Protection laws to
protect your information. Your records will continue to be
handled in accordance with our Privacy Policy, although
you may no longer have rights under UK and European Data
Protection law. |
