This "Website" ("Website") is owned and operated by Lesbianist and trading as "Lesbianist" ("Lesbianist") and "www.Lesbianist.com" ("www.Lesbianist.com") a global Lesbian dating and social networking community "Website" ("Website") for people, whose intention is to find a suitor anywhere in the world. Located at "www.lesbianist.com" ("www.lesbianist.com"). These "Terms and Conditions" ("Terms and Conditions"), which is a legal document, sets out your rights and obligations and those of Lesbianist with respect to this Website and the "Services" ("Services") offered by us through it. References to "we" or "us" or "our" are references to Lesbianist and references to "you" or "your" are references to the person(s) using this Website. Any references to "Content" or "Contents" are references to all text, graphics, logos, photographs, images, moving images, sound, illustrations, trademarks, messages and other materials featured, displayed or used or to be featured, displayed or used in or in relation to a "Personal Profile" ("Personal Profile"), "Advertisement" ("Advertisement") or other Services which is posted onto or otherwise transmitted through this Website.
2. Commencement and Duration
Unless it is terminated earlier in accordance with these Terms and Conditions, the Contract will continue with respect to each of the Services, the duration stated in the registration form for such Services, such duration commencing on the
Effective Date (means the date on which the Services are first provided by us to you or made available to Customers).
There are two (2) types of members. The "Free Member" and "Paid Member".
3.1 As a registered Free Member you:
3.1.1 must be at least 18 years of age or older, depending on your jurisdiction;
3.1.2 may post a Personal Profile to appear on www.Lesbianist.com;
3.1.3 may send and receive electronic mail messages, which will be sent to the electronic mail address contained in your "Account Information" (which you provided during registration and which may be updated subsequently), notifying you of messages sent by Members which can be viewed in the Message Centre on the Website;
3.1.4 may post messages to profiles, groups, forums and blogs that we make available through the Services; and
3.2 As a registered Paid Member in addition to Free Member Services above you:
3.2.1 may participate in real-time interactions through chat rooms and instant messaging that we make available through the Services;
4. Our Obligations
4.1 Subject to these Conditions, we shall grant you a limited revocable and non-exclusive licence to use www.Lesbianist.com; and provide or procure the provision of the Services using the reasonable skill and care of a competent provider of Services of the types of Services ordered.
4.2 www.Lesbianist.com is a member of our network of websites. In order to expand the availability of profiles on our network of websites and increase the potential for matches by our customers, profiles may be shared with other websites within the our network. By posting or maintaining a profile on this or any our network of websites, you agree and consent that your profile shall be subject to placement on our other network of websites, at our sole and exclusive discretion and without further notice.
4.3 You, acknowledge and agree that as a Member or a non-Member, that we are not and cannot be held responsible for the behaviour of Members on our Website. We only provide a platform where our Services may be accessed. Furthermore, you should note that we do not screen or monitor the Content contributed by Members.
5. Your Obligations
5.1 We take stringent measures to ensure that no unauthorised or prohibited use is made of our Website and that our intellectual property rights are not infringed. Subject to these Conditions, you shall pay our fees for each Paid Member Services you have subscribed to in accordance with Clause 6.
5.2 When you register for our Services and are asked to provide information about yourself in the course of doing so, you must provide information about yourself that is not misleading. Similarly, if you are asked for, and provide, details of a credit, debit or charge card, you must ensure that:
5.2.1 you are fully entitled to use that card, and;
5.2.2 that it has sufficient funds available to cover the charges which are deducted from it.
5.3 During the registration process for the Lesbianist Services, you will receive a verification electronic mail, the purpose of which is to take reasonable steps to ensure that the electronic mail address you have provided during registration is controlled by you. That electronic mail contains simple instructions which you must follow.
5.4 You must ensure that your electronic mail address in your Account Information is kept up-to-date and that you have full control of it to enable us to send you important messages. If you change electronic mail address, then you must inform us of the new address through your Account Information;
5.5 In order to use our Services, you must have internet access and all the software and knowledge required for electronic mail and internet usage.
5.6 You acknowledge and agree that our Services are intended to be used by Members for the purposes specified in Clause 3. As a result, Members must not:
5.6.1 post any personal information (to safeguard against for example, without limitation, personal security and identity theft) which include without limit: electronic mail address, telephone number, postal address, and website address; and
5.6.2 use any of our Services, through information collated from it, for the sending of unsolicited bulk electronic mail (sometimes known as spam); or
5.6.3 post Content on, or otherwise use, our Services for any business or commercial purpose (including, without limit, canvassing, soliciting or prostitution) or for non-private purposes;
5.6.4 intended to defraud, swindle or deceive other members of the Services;
5.6.5 promote or solicit involvement in or support of a political platform, religion, cult, or sect;
5.6.6 disseminate another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes; or
5.6.7 others’ copyrighted Content (including, without limit, music, movies, videos, photographs, images, software, etc.) without obtaining permission first; or
5.6.8 contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
5.6.9 collect or solicit personal information about anyone under 18;
5.6.10 conduct off-topic, meaningless, or otherwise activities intended to annoy or interfere with others’ enjoyment of our Website;
5.6.11 impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
5.6.12 solicit gambling or engage in any gambling or similar activity;
5.6.13 promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs.
5.7 You acknowledge and agree that you are responsible for ensuring that Content you post, or which is posted through a machine on which you access our Services, or any activity or communication you make in relation to our Services, will not:
5.7.1 infringe the intellectual property rights or other rights of any person or entity,
5.7.2 be, without limitation, harmful, abusive, threatening, harassing, defamatory, racist, discriminatory, obscene, vulgar, extreme pornographic, false, libellous, unreliable, misleading, invasive of other's privacy, or in our reasonable opinion otherwise objectionable; moreover, regardless of your local laws the following items are strictly prohibited on our Website:
22.214.171.124 child pornography,
126.96.36.199 non-consensual sex and
5.7.3 Obscenity is illegal: No matter which country or region you are from you will have local obscenity laws. Therefore you should be aware of the local obscenity laws which are applicable to you before either publishing Content, broadcasting video or viewing the Content or video within our Website. A rough guide to what is acceptable in your country or region can be found either by viewing the "Adult" magazines you normally find on top shelves of newsagents, Video tapes at your local "Adult" store, or what is being broadcast on your local "Adult" television stations.
5.7.4 breaching any applicable law, whether criminal, tortuous or otherwise.
5.8 The following uses of our Website are prohibited:
5.8.1 using our Website for any purpose that is unlawful in the jurisdiction from which such access is made;
5.8.2 using our Website in a way which damages its operation;
5.8.3 interfering with or modifying any part of our Website;
5.8.4 using our Website for creating, amending, verifying, or updating your own databases, records, customer lists or mailing lists or those of a third party;
5.8.5 using our Website in such a manner that imposes an unreasonable or disproportionably large load on our infrastructure, as determined by us in our sole discretion; and/or
5.8.6 using any form of automated device or computer program (including, without limit, agents, scripts, robots, spiders, viruses, time bombs, trojan horses, cancel bots, worms or other harmful, or disruptive codes, components or devices):
188.8.131.52 to monitor or copy our Website or its Content or bypass our services or to interfere or attempt to interfere with the operation of our Website.
184.108.40.206 that enables the submission of Content without each posting being manually entered by you, including without limit any device to post Content in bulk or for automatic submission at regular intervals; or
220.127.116.11 is in any way used for or in connection with spamming, spimming, phishing, trolling or similar activities.
5.9 We do not screen or monitor Content prior to posting by Members on to our Website, as a result we rely upon you the Member to alert us of any such Content that breaches these Conditions by the use of the contact form on our Website.
6.1 You will be advised of the membership fee payable when you register as a Paid Member, as will the duration and the terms of payment.
6.2 We reserve the right to alter the amount or the basis of the calculation of our fees charged under these Conditions periodically, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Services.
6.3 Fee payment shall mean the receipt by us at our principal place of business (or elsewhere as specified by us) the crediting to our bank account money transferred electronically through a third party payment processor or through the clearing bank's BACS system. We may withdraw any method of payment at any time without notice to you.
6.4 We occasionally offer promotional trial memberships to Paid Members at special discounted prices. Members that sign up for such trial memberships will be automatically renewed at the normal membership rate at the end of the trial period, unless the Member cancels before the end of the trial.
6.5 If any reduction is made available to you in respect of a promotional offer on a membership and you continue to meet all the terms of eligibility relating to that promotional offer then the fees shall be reduced by the amount shown but not otherwise. Terms of eligibility of promotional offers will be made available on request.
6.6 Fees paid by a Paid Member will not be refunded by us unless under Clause 8, we withdraw part of, or all of a particular Service for which you have registered for, or all of the www.Lesbianist.com Services itself, then you may be entitled to a refund of your membership fee for the remainder of the one (1) month only, one (1) monthly, or three (3) monthly, or six (6) monthly and twelve (12) monthly period to which that fee relates. We shall not refund any part of the membership fee to Paid Members, unless as provided in this Clause 6.
6.7 We may offer new or ancillary services occasionally which require the payment of fees either to us or a nominated third party based on terms which will be provided to you at the time.
When you register as a Paid Member and pay our membership fee, you are agreeing to take the membership we make available to you immediately after that fee is paid. This means that you do not have the right to cancel your membership during the normal seven (7) days cooling-off period which is provided for certain purchases under the British Consumer Protection (Distance Selling) Regulations 2000.
8. Changes to the Services
8.1 We are committed to continuing service improvements. Notwithstanding our right to suspend or terminate the Services in accordance with Clauses 9 and 11, we reserve the right to modify our Services and www.Lesbianist.com at any time without giving you prior notice but in doing so we will endeavour not to materially diminish the overall functionality and value of the Services or www.Lesbianist.com.
8.2 We may occasionally modify these Conditions. Unless we are acting because of a legal requirement or a court order, we will post a notice on www.Lesbianist.com no less than seven (7) days before the proposed amendment becomes effective.
8.3 We may offer new or added services through www.Lesbianist.com occasionally. Your use of those services may be subject to additional Conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the Conditions or rules governing such additional services, will amount to a material breach of this Contract which may lead to termination of the same.
9. Limitation of Liability
9.1 We will endeavour to ensure the availability of Services at all agreed times but you acknowledge and agree that computer and telecommunications systems are not uninterrupted or error-free and we do not make any representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of Services.
9.2 We may in our discretion decline to publish, or we may edit, omit or suspend all or part of your Content, without your prior permission and whether or not we have previously accepted it for publication on www.Lesbianist.com. We have no obligation to publish or display your Content on www.Lesbianist.com or at all and we will have no liability for our refusal or omission to do so for any reason.
9.3 You acknowledge and agree that we make no warranty and give no representation of any kind in relation to third party data and we accept no responsibility or liability for inaccuracy in or arising out of third party data and which may be used to assist in the provision of Services by us and which may be displayed on the www.Lesbianist.com website or otherwise by us.
9.4 You acknowledge and agree that we make no warranty and give no representation of any kind that www.Lesbianist.com or any of our Services will be error-free, free of viruses or other impairing or harmful components. We will endeavour to ensure that errors do not impair Services and we will run commercially available virus detection and correction software.
9.5 You acknowledge and agree that www.Lesbianist.com may contain links to other websites provided by independent third parties. We make no warranty and give no representation whatsoever concerning the Content of those sites and the fact that we provide a link to a particular site is not an endorsement, sponsorship, authorisation, or affiliation by us in relation to such sites, its owners or its providers.
9.6 Nothing in the Contract shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation.
9.7 Unless as provided in this Clause 9, we shall have no liability, to the maximum extent permitted by applicable law, for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
9.7.1 loss of revenue;
9.7.2 loss of actual or anticipated profits (including for loss of profits on contracts);
9.7.3 loss of anticipated savings;
9.7.4 loss of business;
9.7.5 loss of opportunity;
9.7.6 loss of goodwill;
9.7.7 loss of reputation;
9.7.8 loss of, damage to or corruption of data or software;
9.7.9 wasted expenditure; or
9.7.10 any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in Clauses 9.7.1 to 9.7.9).
9.8 Except as specified expressly in this Clause 9, the limitations on and exclusions of liability for damages in the Contract apply regardless of whether the liability is based on breach of Contract, tort (including negligence), strict liability, breach of warranties, restitution or any other legal theory.
9.9 Except as provided in Clause 9.7, our entire liability under the Contract shall not exceed the total fees paid by you for the Service(s) that is the subject of the claim.
9.10 All conditions and warranties stated in the Contract are in lieu of all other conditions, warranties or other terms concerning the supply or purported supply of, failure to supply or delay in supplying the Services which but for this Clause 9.10 have effect between us and you or would otherwise be implied into or incorporated into the Contract, whether by statute, common law or otherwise, all of which are hereby excluded to the maximum extent permitted by law (including, without limitation, the implied conditions, or warranties).
9.11 Except as set out in the Contract, if we fail to comply with our obligations under the Contract as a result of an event outside of our reasonable control, we will have no liability to you as a result of such failure. We will promptly notify you as soon as reasonably practicable (and in any case, within fourteen (14) days) and we will take all reasonable steps to eliminate or mitigate the consequences of such an event, and where relevant, resume performance of our obligations affected by that event as soon as practicable.
You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in the Contract.
11. Suspension of the Services
11.1 Without prejudice to any other rights we may have, we reserve the right to suspend the Services in whole or part, and without notice, in situations where we, in our reasonable opinion, consider your posted Content or other material (including a website link) is unlawful, offensive, prejudicial, misleading, or inflammatory; and/or is likely to expose us to claims or liability, lead us into prosecution, criticism, or disrepute or cause us embarrassment; and / or
11.1.1 infringes on our rights or the rights of third parties or if the posting of a Content or other material does or would, in our reasonable opinion, be likely to mislead, offend, or disbenefit a Member or otherwise misrepresents the nature of the Content; or
11.1.2 you repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or post the same Content in more than one account; or
11.1.3 using any form of automated device or computer program (including, without limit, agents, scripts, robots, or spiders):
18.104.22.168 to monitor or copy our Website or its content or bypass our services or to interfere or attempt to interfere with the operation of our Website;
22.214.171.124 that enables the submission of Content without each posting being manually entered by you, including without limit any device to post Content in bulk or for automatic submission at regular intervals; or
11.1.4 you fail to pay our fees in accordance with Clause 6; or we have reasonable grounds to believe that the rights' owner of any Intellectual Property Rights within your Content or material has withheld, withdrawn or failed to give permission for your use of the same.
11.2 The period during which we may suspend the Services will continue until the circumstances giving rise to our right to suspend the Services ceases to subsist or until the Contract is terminated in accordance with Clause 13.
11.3 In the event we take action under Clauses 11.1 to 11.3, you will continue to be obliged to pay any fees owing or that arise during the period when the Service(s) are suspended.
12. Intellectual Property Rights
12.1 You warrant that you are the owner of all Intellectual Property Rights in any Content posted or transmitted though our Services; or
you have been duly authorised to use such Intellectual Property Rights and to allow us to use them on your behalf;
and you hereby grant us a worldwide royalty free right to use such Intellectual Property Rights for the purpose of providing the Services including without limitation the right to publish, hold, reproduce, adapt, modify transmit and disclose any Content; and
authorise us to adapt the relevant material in the course of doing so, waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
12.2 Where Content posted by you comprises in whole or in part material that has previously been published in other media such as, by way of example and not limitation, social networking websites, you warrant that you have all rights, authority, licences and consents necessary to the reproduction of that material on www.Lesbianist.com.
12.3 We reserve the right to:
disclose to persons we reasonably consider to be the owner of Intellectual Property Rights in Content posted or transmitted though our Services; or
your intention to use such Intellectual Property Rights and you hereby give your irrevocable consent to such disclosure; or
ask you to provide us with suitable documentary evidence that will reasonably satisfy us of your entitlement to make use of Intellectual Property Rights, and to permit us to make use of Intellectual Property Rights on your behalf, and you hereby agree to provide such evidence upon request.
12.4 Nothing in these Conditions provides for any transfer or assignment of ownership of any Intellectual Property Rights. We own all Intellectual Property Rights in www.Lesbianist.com.
13. Termination of the Contract
13.1 The Contract for annual Services will terminate upon an initial period of twelve (12) months from the Effective Date on which you make payment to us. Thereafter, the Contract will renew for additional periods of twelve (12) months on payment by you of a renewal fee. If you cancel any of the Services other than at the end of a twelve (12) month period, we will not refund any payments made in respect of the remainder of the period.
13.2 The Contract for non-annual Services will terminate upon the completion by us of the Services you have subscribed to and receipt of payment in cleared funds from you of all fees that are due in relation to them.
13.3 The Contract for six (6) monthly Services will terminate upon an initial period of one hundred and eighty (180) days from the Effective Date on which you make payment to us. Thereafter, the Contract will renew for additional periods of one hundred and eighty (180) days on payment by you of a renewal fee. If you cancel any of the Services other than at the end of a one hundred and eighty (180) days period, we will not refund any payments made in respect of the remainder of the period.
13.4 The Contract for three (3) monthly Services will terminate upon an initial period of ninety (90) days from the Effective Date on which you make payment to us. Thereafter, the Contract will renew for additional periods of ninety (90) days on payment by you of a renewal fee. If you cancel any of the Services other than at the end of a ninety (90) days period, we will not refund any payments made in respect of the remainder of the period.
13.5 The Contract for one (1) monthly Services will terminate upon an initial period of thirty (30) days from the Effective Date on which you make payment to us. Thereafter, the Contract will renew for additional periods of thirty (30) days on payment by you of a renewal fee. If you cancel any of the Services other than at the end of a thirty (30) days period, we will not refund any payments made in respect of the remainder of the period.
13.7 The Contract for the one (1) month only trial period Services will terminate upon an initial period of thirty (30) days from the Effective Date on which you make payment to us. If you cancel any of the Services other than at the end of a thirty (30) days period, we will not refund any payments made in respect of the remainder of the period.
13.8 Without prejudice to Clauses 8 and 9, we reserve the right to terminate the provision of Services or part thereof by providing you with not less than fourteen (14) days notice of such termination. In the event of such termination, you will be entitled to a refund of that part of any fee you have already paid to us and which relates to a period after the date that the services or part thereof have terminated.
13.9 We may terminate all or part of the Services with immediate effect by giving written notice to you if:
13.7.1 you commit a material breach of any Contract provision, or a series of breaches of the Contract which in combination amount to a material breach of the Contract, provided that in the case of a breach which is capable of remedy you fail to remedy the breach within 14 days of receiving a written request to do so;
13.7.2 we suffer from any event or circumstance beyond our reasonable control or
which we could not reasonably be expected to have taken into account at the date of the Contract, and which results in or causes our failure to perform any or all of our obligations under the Contract (including, without limitation, any act of God, fire, storm, lightning, flood, earthquake, war declared or undeclared, threat of war, act of the public enemy, terrorist act, blockade, revolution, civil commotion, riot, insurrection, industrial action, public demonstration, strike, sabotage, explosion or act of vandalism).
14. Disclaimer and Release
14.1 We provide the Lesbianist Services on an ‘as is’ or ‘as available’ basis. While we endeavour to ensure the accuracy of the information provided on www.Lesbianist.com, we:
14.1.1 cannot be liable or responsible for the outcome of any meeting with or relationship formed with another Member;
14.1.2 do not warrant or guarantee the accuracy, reliability or legality of any information contained in www.Lesbianist.com;
14.1.3 disclaim all or any warranties, express or implied, relating to Lesbianist or any other products or Services, including in particular any warranties of satisfactory quality or fitness for a particular purpose;
14.1.4 will not be liable under any circumstances whatsoever for any direct, indirect, consequential, punitive or special damages arising from the use of www.Lesbianist.com; and
14.1.5 we reserve the right, at our discretion, to occasionally make changes to the information provided on www.Lesbianist.com. You are, therefore, advised to check the information provided to you through www.Lesbianist.com. Any reliance that you place on the accuracy of that information is at your own sole risk.
14.2 Members are generally prohibited from providing information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Nevertheless, you should note that Members may not necessarily be who they say they are and you should accordingly, exercise no lesser degree of caution in appraising what you see on the Lesbianist Service than you do elsewhere.
14.3 To the extent that the law permits, you release Lesbianist, its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party website or arising out of or in connection with our Services and the Content or other material posted or transmitted by Members and other third parties.
14.4 In the event that you have any claim or action against any other Member arising from that member's use of our Website or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
14.5 In the event that a claim or action is brought against us from your activities or use of the Website or the Service, including any breach by you of these Terms and Conditions or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our discretion.
14.6 You should not assume that we recommend any particular product or service, even though we make details of it available. If any products or services bought through www.Lesbianist.com are unsatisfactory, we shall bear no responsibility; the supplier of the goods or services should be contacted directly.
15.1 We reserve the right to assign this Contract, and to assign or subcontract any or all of our rights and obligations under this Contract. You shall not assign or otherwise dispose of all or any of your rights or obligations under the Contract without obtaining our prior written consent.
15.2 Failure of either party to assert its rights in relation to any breach of the Contract shall not constitute a waiver of such rights, nor will any such waiver be implied.
15.3 Each provision of these Conditions shall be construed separately and shall be severable from these Conditions. If any provision of these Conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these Conditions will not be affected or impaired.
15.4 The headings of these Conditions are for convenience only.
15.5 Any communication to be given in connection with the matters contemplated by the Contract shall, except where expressly provided otherwise, be in writing and shall either be delivered by electronic mail (e-mail), hand or sent by pre-paid post. Delivery by courier shall be regarded as delivery by hand. Any notices served under the Contract shall be deemed to have been served as follows:
if personally delivered to the registered office of one of the parties, on delivery; and
if sent by pre-paid post, after the same was delivered to the postal authorities.
15.6 Each party agrees that in entering into the Contract it has not relied on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) other than as expressly set out in the Contract for which its sole remedy shall be for breach of Contract under the terms of the Contract. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
15.7 A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
15.8 The Contract constitutes the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior discussions, agreement or understanding between you and us.
16. Jurisdiction and Governing Law
The Contract is made and shall be subject to the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
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