By accessing the berneroticmassage.com website and affiliated Websites (hereafter "Websites"), you are agreeing to these Terms and Conditions of Use.
1. PARTIES TO THIS AGREEMENT
The parties to this Agreement (the "Agreement") are You, (the "User"), and berneroticmassage.com (the "Site").
1.1 Subject to Your acceptance of the terms and conditions set forth in this Agreement, The Site agrees to grant you a limited non-transferable right to access the contents of berneroticmassage.com and affiliated sites operated by the Site.
1.2 This Agreement is subject to change by the Site at any time and changes shall become effective upon notice to USERS by posting at or via hyperlink to the Websites.
2. USER VERIFICATION
2.1 All materials contained at the websites are to be viewed only by consenting adults in locations where such materials do not violate any laws. No persons below the age of eighteen (18) years or the minimum age set out by the laws in their community may access this website.
2.2 You hereby acknowledge that you are aware that the content of the website is of a sexual adult nature; that you are familiar with materials of this type; that you are not offended by such materials and that by agreeing to these Terms and Conditions you are intentionally and knowingly seeking access to these materials for your own personal viewing.
3. USER'S CONDUCT
3.1 You agree to use the Websites in accordance with the following Code of Conduct and You agree and acknowledge that we may, but are under no obligation to reject or delete any materials posted or uploaded by You which violate any of the following provisions, and/or to terminate Your right to use or access the Websites for violating these provisions:
3.2 You will not use the Website to engage in any form of illegal conduct, harassment or offensive behaviour.
3.3 You will not use the Website to infringe the privacy rights, property rights, or other civil rights of any person.
3.4 You will not use the Website in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or in any way which is fraudulent or otherwise unlawful.
3.5 You will not actively solicit users of the Site in relation to your products or services or those of third parties including by way of the distribution of 'spam' mail.
3.6 You will not transfer files that contain viruses, spyware, Trojans or other harmful programs; acceptable image formats are jpeg, gif or .swf.
3.7 You will not post misleading advertisements or listings, or heavily doctored imagery, or images of anyone other than the individual whom you are describing in your listing or advertisement.
3.8 You will not access or attempt to access the accounts of other Advertisers or other Site users, or to penetrate or attempt to penetrate the Site security measures.
4. SITE'S PROPRIETARY RIGHT TO CONTENT AND COPYRIGHT INFRINGEMENT
4.1 You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Site or others who have licensed or authorised use of such materials to the Site.
4.2 All editions of the Websites, and all Materials and other matter used directly or indirectly in, at, by, through and/or with the Websites are protected by the copyright laws of the United Kingdom, international copyright treaties and other laws and regulations. All rights are reserved.
4.3 You agree that You shall at no time access, view, download, receive or otherwise use materials, directly or indirectly in places which the Site does not authorise such access, viewing, downloading, receipt or other use.
4.4 You hereby acknowledge and agree that Site does not authorise access to any parts of the Websites in any manner which bypasses this Agreement.
4.5 You further acknowledge and agree that You may not "bookmark" photographs or other materials inside the Websites or directly access files designated as part of the Websites except through appropriate authorisation pages as specified by the Site and You further agree that You shall not attempt to do so.
4.6 Except for public domain material or material otherwise licensed to or authorised for use by Site for electronic dissemination, all Materials displayed at or otherwise available through the Websites are proprietary, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorisation of Site.
4.7 All intellectual property and other rights in and to the Materials and other matter at the Websites shall at all times remain in the Site. All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Site or others, and may be protected by applicable copyright and/or other laws.
5. LIMITED LICENCE
Subject to all the terms and conditions set forth herein, the Site hereby grants You a limited, non-exclusive and non-transferable licence to view photos, text, hyperlinks, interlinks, search engines, and other software ("Materials") associated with authorised use of the Websites which the Site provides during the period in which You are a current User in good standing.
You may use the Materials only in accordance with these terms and conditions of Use. You may not remove any proprietary notices from Materials at any time. You may make no use of Materials not expressly authorised herein or by prior express written authorisation from Site.
Prohibited uses, include, without limitation:
(1) permitting other individuals to directly or indirectly use the Materials;
(2) modifying, translating, reverse engineering, decompiling, disassembling the Materials;
(3) making copies or creating derivative works based on the Materials except as provided herein;
(4) renting, leasing, or transferring any rights in the Materials;
(5) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and
(6) making any other use of the Materials not specifically authorised by the Site. This license does not grant You any rights to any software enhancements or updates of any kind.
For the purpose of this paragraph, a "User in good standing" is a User who has not violated any of the Terms and Conditions of Use of this website.
6. LIMITATION OF LIABILITY
6.1 You acknowledge and agree that Site shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by Users or Advertisers through the Websites, or through any use, directly or indirectly, of the Websites.
6.2 You acknowledge and agree that the Websites do not screen any Users or Advertisers of the Websites, has no control over their actions and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of Users of the Websites, including any person who places Advertisements in the Websites.
6.3 You further acknowledge and agree that the Websites does not endorse, encourage, recommend or arrange communications or meetings among Users of the Websites, or any other persons, and You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom you have communicated through the use of public areas or chat areas of the Websites, or through advertisements posted on the Websites.
6.4 You agree that Materials and all other services provided to You by Site are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.
6.5 The entire risk as to the quality and performance of the Materials and all services provided by the Site is borne by You. Should the Materials or any other service provided by the Site prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not the Site, assume the entire cost and all damages which may result from any and all such defects.
6.6 Under no circumstances and under no cause of action or legal theory, shall the Site, its suppliers, licensees, resellers, or other Users or their suppliers, licensees, resellers or Users be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Websites, or from any use of Materials or from any use of the Websites whatsoever.
6.7 The Site will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by You or others that is in contravention of these Terms and Conditions or is not directly attributable to our negligence.
6.8 The Site is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through the Websites.
6.9 No warranty is made by Site regarding any information, services, Materials or products provided through or in connection with the Websites, and Site hereby expressly disclaims any and all warranties, including without limitation:
1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services;
2) any warranties of merchantability or fitness for a particular purpose.
7. DISCLAIMER REGARDING THIRD PARTY CONTENT/LIMITATION OF LIABILITY
7.1 You acknowledge that we are not responsible for, nor can we control, the use by others of any information which You provide to them through the Websites, and that You should use caution in selecting the personal information You provide to others through the Websites.
7.2 You acknowledge that You understand that we make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and that You release us from any and all liability in connection with the use or misuse of such information by other parties.
7.3 You further acknowledge that You understand that we do not control the content of any information, messages, communication or other materials posted or uploaded by Users of the Websites, including without limitation all Advertisers, and that consequently You release us from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other Users of the Websites.
7.4 You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other Users of the Websites, including without limitation all Advertisers, and that consequently You release us from any and all liability and responsibility in connection with verifying the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Websites.
7.5 Some of the content of the Websites might be accessed by You via hyperlinks which will connect You to third-parties, or to third-party Websites that may provide content to the Websites. We have no editorial control or supervision over selection or display of the content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for that content.
8. USE OF MATERIALS
All materials included at the Websites are for the private use of authorised Users only. No other uses are intended by the Site and any other use is strictly prohibited by the Site and will constitute a violation of its limited license and authorisation of use.
9. PRIVACY, DISCLOSURE & OTHER COMMUNICATION
9.1 We reserve the right to send electronic mail to You, for the purpose of informing You of changes or additions to the Websites, or of any of our related products and services. We reserve the right to disclose information about Your usage of the Websites and demographics in forms that do not reveal Your personal identity. We do not collect, sell, trade, or give away any personal information in any way. Our site may set cookies on your computer to facilitate your navigation while on our site. These cookies are never used for any other purpose. Our sites may contain links to other sites. We are not responsible for the privacy practices, content or lawfulness of the linking sites.
10. COMPLAINTS AND FEEDBACK
10.1 All questions, complaints, and feedback regarding the site can be sent to us by emailing: firstname.lastname@example.org.
11.1 We shall not be liable for any failure for any suspension, or termination of access to the Site or any content arising out of a force majeur event. A force majeur event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting us or our suppliers. Further, we shall not be held liable for any failure of the server that hosts this site.
11.2 If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.