West Midland Swingers Terms and Conditions
Membership Services are provided by Bone Fish Ltd. West Midland
Swingers operates under the Terms and Conditions (T&C's) that
they apply. Following is a copy of the relevant T&C's.
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 lWest 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://65.110.88.235/dc2/dcframe/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
visiting
http://helpdesk.bone-fish.net. You must include your
member ID and contact us with the email address you registered
with. Cancellation will take effect at the end of five
working days after notice of cancellation is recorded.
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.
Contact Details
Address:
Bone Fish Limited
Houldsworth Mill Business & Arts Centre
Houldsworth Street
Stockport
SK5 6DA
Bone Fish Limited
3rd Floor, International House
Bell Lane
Gibraltar
Telephone: 0871 872 2947
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