Please read this Agreement carefully before accessing
Melanies-UK-Swingers.
As a condition to and in consideration of receiving
and accessing Melanies-UK-Swingers, the User agrees to be bound
by the terms of this Agreement. Use of or access to Melanies-UK-Swingers
shall constitute acceptance of and agreement to be bound by this
Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO
NOT ACCESS Melanies-UK-Swingers.
If you have any questions about this Agreement, please contact
us via e-mail at adam@melanies-uk-contacts.com
Melanies-UK-Swingers Access Agreement
THIS AGREEMENT "Agreement" is entered
into by and between Melanies-UK-Swingers and any individual, corporation,
association, agency, company, or other entity who accesses or
uses the Melanies-UK-Swingers (the "User" or "you").
Melanies-UK-Swingers, is a World Wide Web site on
the Internet that is designed to allow users to post ads and/or
to view ads posted by other users or interact with those users.
Melanies-UK-Swingers contains or may contain information, communications,
opinions, text, graphics, links, electronic art, animations, audio,
video, software, photos, music, sounds and other material and
data (collectively, "Content") formatted, organized
and collected in a variety of forms that are generally accessible
to Users, including directories and databases, and areas of Melanies-UK-Swingers
that can be modified by Users, such as posting ads, uploading
multimedia files, registering user profiles.
1. User Rights and Responsibilities
1.1 Access to Melanies-UK-Swingers
You are responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect to
the Internet and access the Melanies-UK-Swingers and are responsible
for all Internet access charges, telephone charges or other fees
or charges incurred in connecting to the Internet and accessing
Melanies-UK-Swingers.
1.2 User Conduct.
You agree to access and use Melanies-UK-Swingers
only for lawful purposes. You are solely responsible for the knowledge
of and adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of Melanies-UK-Swingers, including
any Interactive Area, (ii) the use of any networks or other services
connected to Melanies-UK-Swingers, and (iii) the communications
means by which you connect your modem, computer, or other equipment
to Melanies-UK-Swingers. By accessing Melanies-UK-Swingers, you
agree that you will not:
(1) restrict or inhibit any other user from using
and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening,
abusive, libellous, defamatory, obscene, vulgar, pornographic,
profane, or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offence, give rise to civil liability
or otherwise violate any local, national, or international law;
(3) post or transmit any information, software,
or other material which violates or infringes in the rights of
others, including material which is an invasion of privacy or
publicity rights or which is protected by copyright, trademark
or other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or
other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other
communications that are not your own Content or to otherwise interfere
with the ability of others to access Melanies-UK-Swingers;
(6) disrupt the normal flow of communication in
an Interactive Area;
(7) claim a relationship with or to speak for any
business, association, institution or other organization for which
you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline
of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 Melanies-UK-Swingers content.
(a) You acknowledge that Content on Melanies-UK-Swingers
is generally provided by Melanies-UK-Swingers, individual contributors
of Content ("Contributors"), third party licensees,
and/or other Users. You acknowledge that Melanies-UK-Swingers
permits access to Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights
("Intellectual Property Rights"), and that these Intellectual
Property Rights are valid and protected in all media existing
now or later developed and except as is explicitly provided below,
your use of Content shall be governed by applicable copyright
and other intellectual property laws.
(b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display or
otherwise transfer or commercially exploit any of the Content,
in whole or in part, provided, however, that you may (i) make
a reasonable number of digital or other form of copies to permit
your computer hardware and software to access and view the Content,
(ii) print one copy of each piece of Content, (iii) make and distribute
a reasonable number of copies of Content, in whole or in part,
in hard copy or electronic form for internal use only. Any permitted
copies of Content must reproduce in an unmodified form any notices
contained in the Content, such as all Intellectual Property Right
notices, and an original source attribution to " Melanies-UK-Swingers
" and its URL address. You acknowledge that Melanies-UK-Swingers,
its Contributors, and/or Users remain the owners of the Content
and that you do not acquire any Intellectual Property Rights by
downloading or printing Content.
2.2 Content Provided by User
You may upload to any Interactive Area or otherwise
transmit, post, publish, reproduce or distribute, on or through
Melanies-UK-Swingers only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder of Intellectual
Property Rights has given express authorization for distribution
over the Internet and on Melanies-UK-Swingers, without restriction
whatsoever. Any Content submitted with the consent of a copyright
owner other than you should contain a phrase such as "Copyright
owned by [name of owner]; Used by Permission." By submitting
Content to any Interactive Area, you automatically grant and/or
warrant that the owner of such Content, whether it be You or a
third party, has expressly granted to Melanies-UK-Swingers the
royalty-free, perpetual, irrevocable, non-exclusive, unrestricted,
worldwide right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, sublicense,
distribute, perform, and display such Content, in whole or in
part, worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed for the
full term of any Intellectual Property Rights that may exist in
such Content. You also permit Melanies-UK-Swingers to sublicense
to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to such Content. You also
permit any User to access, view, store and reproduce the Content
for personal use
3. Interactive Areas
You acknowledge that Melanies-UK-Swingers may include
various interactive areas ("Interactive Areas"), including
but not limited to ads. These Interactive Areas allow feedback
to Melanies-UK-Swingers and real-time interaction between users.
You further understand that Melanies-UK-Swingers does not control
the messages, information, or files delivered to such Interactive
Areas and that Melanies-UK-Swingers may offer you and other Users
the capability of creating and managing an Interactive Area. However,
neither Melanies-UK-Swingers, its subsidiary and parent companies,
or affiliates, nor their respective directors, officers, employees
and agents are responsible for Content within any Interactive
Area. Your use and/or management of an Interactive Area will be
governed by this Agreement and any additional rules or operating
procedures of any Interactive Area established by you or another
User, as applicable. You recognize that Melanies-UK-Swingers cannot,
and does not intend to, screen communications in advance. Moreover,
because Melanies-UK-Swingers encourages open and candid communication
in the Interactive Areas, Melanies-UK-Swingers cannot determine
in advance the accuracy or conformance to this Agreement of any
Content transmitted in an Interactive Area. Melanies-UK-Swingers
is not responsible for screening, policing, editing, reviewing
or monitoring any Content in an Interactive Area. Notwithstanding
the above, you agree that Melanies-UK-Swingers has the right to
monitor any Interactive Area, from time to time and to disclose
any information as necessary to satisfy any law, regulation or
other governmental request, to operate the Interactive Area, or
to protect itself or other Users. If notified of Content that
is alleged not to conform to this Agreement, Melanies-UK-Swingers
may investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content.
Melanies-UK-Swingers reserves the right to prohibit conduct, communication
or Content within an Interactive Area, or to edit, refuse to post,
or to remove any Content, in whole or in part, which it deems
in its sole discretion to (i) violate the then-standard provisions
of this Agreement or any other standard, written Melanies-UK-Swingers
policy in effect at that time, (ii) be harmful to the rights of
any User, Melanies-UK-Swingers, or other third parties, (iii)
violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with
any policies, guidelines, or practices of Melanies-UK-Swingers
in operating Melanies-UK-Swingers, or any change in Content, is
for you to discontinue accessing Melanies-UK-Swingers. Melanies-UK-Swingers
may terminate or temporarily suspend your access to all or any
part of Melanies-UK-Swingers, without notice, for conduct that
Melanies-UK-Swingers believes is a violation of this Agreement
or any policies or guidelines posted by Melanies-UK-Swingers,
or for other conduct which Melanies-UK-Swingers believes, in its
sole discretion, is harmful to Melanies-UK-Swingers or other Users.
Melanies-UK-Swingers may discontinue operating Melanies-UK-Swingers
and terminate this Agreement without notice at any time for any
reason in its sole discretion. In the event of termination, you
are no longer authorized to access Melanies-UK-Swingers, including
the Interactive Areas, and the restrictions imposed on you with
respect to Content downloaded from Melanies-UK-Swingers, as well
as the disclaimers and limitations of liabilities set forth in
this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content,
products or services expressly available at Melanies-UK-Swingers,
neither Melanies-UK-Swingers, its subsidiary and parent companies,
or affiliates, or their respective directors, officers, employees,
and agents controls, provides, or is responsible for any Content,
goods or services available through sites on the Internet linked
to or from Melanies-UK-Swingers. All such Content, goods and services
are made accessible on the Internet by independent third parties
and are not part of Melanies-UK-Swingers or controlled by Melanies-UK-Swingers.
Melanies-UK-Swingers neither endorses nor is responsible for the
accuracy, completeness, usefulness, quality or availability of
any Content, goods or services available on any site linked to
or from Melanies-UK-Swingers, which are the sole responsibility
of such independent third parties, and your use thereof is solely
at your own risk. Neither Melanies-UK-Swingers, its subsidiary
and parent companies, or affiliates, or their respective directors,
officers, employees, and agents shall be held responsible or liable,
directly or indirectly, for any loss or damage caused or alleged
to have been caused by your use of or reliance on any Content,
goods or services available on any site linked to or from Melanies-UK-Swingers
or your inability to access the Internet or any site linked to
or from Melanies-UK-Swingers.
5.2 Disclaimer of Warranties. Please use your best
judgment in evaluating all information contained or opinions expressed
on Melanies-UK-Swingers. It is the policy of Melanies-UK-Swingers
not to endorse or oppose any opinion expressed by a User or Content
provided by a User, Contributor, or other independent party. YOU
EXPRESSLY AGREE THAT YOUR USE OF Melanies-UK-Swingers IS AT YOUR
SOLE RISK. NEITHER Melanies-UK-Swingers NOR ANY OF ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS
OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES
WARRANTS THAT Melanies-UK-Swingers OR ANY INTERNET SITE LINKED
TO OR FROM Melanies-UK-Swingers WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING
THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF Melanies-UK-Swingers OR ANY INTERNET SITE LINKED TO
OR FROM Melanies-UK-Swingers OR AS TO THE TIMELINESS, SEQUENCE,
ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION,
SERVICE, OR TRANSACTION PROVIDED THROUGH Melanies-UK-Swingers
OR ANY SITE LINKED TO OR FROM Melanies-UK-Swingers. Melanies-UK-Swingers
IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES
SHALL Melanies-UK-Swingers, ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
Melanies-UK-Swingers, OR ANY INTERNET SITE LINKED TO OR FROM Melanies-UK-Swingers,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION,
ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE
ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION,
ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL Melanies-UK-Swingers, ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE
TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN Melanies-UK-Swingers
OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR
FROM Melanies-UK-Swingers THE CONTENT WITHIN Melanies-UK-Swingers
AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM Melanies-UK-Swingers
MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES
WILL BE INCORPORATED IN NEW VERSIONS OF Melanies-UK-Swingers SPECIFICALLY
ARE INCLUDED IN THIS SECTION AGREEMENT. Melanies-UK-Swingers AND
ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT
AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Melanies-UK-Swingers
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH Melanies-UK-Swingers
SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF Melanies-UK-Swingers,
IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING Melanies-UK-Swingers.
6. Indemnity
You agree to indemnify and hold Melanies-UK-Swingers,
its parent or subsidiary companies and their affiliates, and their
respective directors, officers, employees, and agents from any
and all liabilities, claims and expenses, including reasonable
attorneys fees, arising from breach of this Agreement, any other
policy, your use or access of Melanies-UK-Swingers or any Internet
site linked to or from Melanies-UK-Swingers, or in connection
with the transmission of any Content on Melanies-UK-Swingers.
7. Miscellaneous
This Agreement comprises the entire agreement between
Melanies-UK-Swingers and you, and supersedes any prior agreements
with respect to the subject matter herein. Melanies-UK-Swingers
may revise this Agreement or any other policy at any time and
from time to time, and such revision shall be effective two (2)
days upon posting notice of such revision prominently on Melanies-UK-Swingers.
You agree to review this Agreement periodically to be aware of
such revisions. If any such revision is unacceptable to you, you
must discontinue accessing Melanies-UK-Swingers. Your continued
accessing and use of Melanies-UK-Swingers following notice of
any such revision shall conclusively be deemed acceptance of all
such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1,
5.2, 5.3, 6 and 7 shall survive the termination or expiration
of this Agreement. If any provision of this Agreement or any other
policy be held invalid or unenforceable, that portion shall be
construed in accordance with applicable law as nearly as possible
to reflect the original intention of the parties and the remaining
portions will continue in full force and effect. The failure of
Melanies-UK-Swingers to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a
waiver of any provision or right. This Agreement shall be governed
by the laws of the state or province of domicile of Melanies-UK-Swingers,
excluding its conflict of laws rules, and you and Melanies-UK-Swingers
each submit to the exclusive jurisdiction of the courts of that
state or province. This Agreement is personal to you and you may
not assign your rights or obligations there under to anyone. All
logos, brand names, products, trademarks and service marks appearing
herein may be the trademarks or service marks of their respective
owners. References to any trademark, service mark and links to
or from Melanies-UK-Swingers have been done strictly for clarification
and identification and does not constitute endorsement by Melanies-UK-Swingers
of the products, services or information offered by the owner
of such trademark, service mark or link or endorsement of Melanies-UK-Swingers
by such trademark, service mark or link owner.
Melanies-UK-Swingers.com operated by ACUK Ecommerce
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