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BONE FISH LIMITED
1. INTRODUCTION
1.1 These Terms set out your rights and obligations and those of BONE FISH LIMITED a company registered in Gibraltar under registration number 89021 (“BONE FISH ”, “we” or “us”) in relation to this site and the dating and other services offered by BONE FISH 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:
· Rate Members (on certain sites)
· Video Chat (at certain times)
· 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 BONE FISH 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 here) and this forms part of our Agreement with Members. As part of this policy:-
3.2.1 Members authorise BONE FISH to disclose non-sensitive personal data to other parties unless you indicate that you do not wish BONE FISH to do so.
3.3.2 BONE FISH 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 BONE FISH ’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 BONE FISH website to transmit vulgar, racist, libellous, third-party advertising, telephone/SMS/email details or otherwise offensive and/or illegal material of any kind. For a list of unacceptable material please contact [email protected].
5. OUR RIGHTS
5.1 BONE FISH 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 BONE FISH reserves the right to decide upon the way and means of displaying the information provided by BONE FISH ’s users including but not limited to deciding upon conditions for priorities in search results: BONE FISH shall not be required to disclose any of these conditions, being BONE FISH intellectual property.
5.3 BONE FISH 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 BONE FISH 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 BONE FISH 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. BONE FISH 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 BONE FISH may from time to time provide access to third party sites for the benefit of members. BONE FISH 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 BONE FISH reserve the right to resolve any disputes between members and BONE FISH ’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 BONE FISH Service (including the material which is contributed by Members) are owned by BONE FISH . 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 BONE FISH Service, or any of the material which is found on the BONE FISH Service unless properly licensed to do so by us.
By submitting any material to the content of the BONE FISH 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. BONE FISH 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 BONE FISH 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 BONE FISH ’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 BONE FISH 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 BONE FISH 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
BONE FISH reserves the right to change this Agreement from time to time and post the new version on the BONE FISH Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (http://www.bone-fish.com/dc2/dcframe/members/joiningdisclaimer.asp) and the new version of these terms and conditions will take effect, and will govern all BONE FISH Services and your relationship with BONE FISH :
(a) commencing four weeks after the date of posting (or such later date as BONE FISH 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 BONE FISH Service; or
(b) immediately upon the date of posting (or such later date as BONE FISH 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 BONE FISH ’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 PAYMENTS; CANCELLATION POLICY
16.1 Recurring Billing. The payment is the start of a continuous billing cycle. Excluding trial periods your membership payment will be billed in accordance to the length of membership you have subscribed for. See 16.6 concerning trial period continuous billing.
16.2 You may cancel your subscription at any time by logging into the service and contacting customer services. Cancellation will take effect at the end of 14 full working days after notice of cancellation is registered on our system. Notification via email is not accepted, you must login using your email address and password to cancel.
16.3 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.
16.4 Billing queries must be brought to our attention by the next billing cycle. Bone Fish Limited is not liable for any payments exceeding one subscription payment. These queries can be submitted via the Help Desk or email to [email protected].
16.5 A cancellation of a subscription will only be actioned via the procedure described in 16.2. A request for a deactivation of an account will only deactivate the account usage not any reoccurring payments.
16.6 Trial Period Recurring Billing. The payment is the start of a continuous billing cycle. Unless the customer has requested a cancellation at prior to the end of the trial period, the membership will enter the continuous billing cycle on a one month basis.
16.7 Subscriptions will be collected based on the frequency selected at beginning of your subscription. It is the responsibility of the account holder to ensure sufficient funds are available in their account. Should a payment fail, payments will continue to be requested until cleared. This may result in more than one payment being made in a month to ensure the continuation of your membership. If a payment is outstanding prior to submitting a cancellation request, this payment will still be payable even after the cancellation process has completed. This is as per the terms and conditions which the account holder has agreed too.
17 CONSENT
By this Agreement members give their consent that BONE FISH 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
3rd Floor, International House
Bell Lane
Gibraltar
Telephone: 0844 448 7999
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