|Terms of Service|
This is an agreement between You ("You") and Club Intimate the "Company") and (the “Service”). "We" and "Us" means both You and the Company. The effective date of this Agreement is when You accept this Agreement in accordance with the procedure set out above. You must agree to abide by all of the Terms and Conditions contained in this Agreement in order to become or remain an authorised user/member of the services offered in this website.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on this web site or sent via electronic mail, as we may determine in our sole discretion. You have the responsibility to acquaint yourself, from time to time, with the Terms and Conditions of this Agreement. If You do not agree to any modifications, You should terminate your use of this web site. Your continued use of this web site following the posting of notice of any changes in this Agreement will constitute a binding acceptance by You of any subsequent modifications.Eligibility
You must be eighteen years of age or over to register as a member of or use this website.
By using and/or viewing this website, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms and Conditions of this agreement and that you are at least eighteen years old (or the age of adult in your location if the adult age is not 18 years).Warranties, Representations and Acknowledgements
By using and/or viewing this website you represent and warrant the following:
A) That you are an adult, at least 18-years of age (or the age of adult in your location if the adult age is not 18 years).
B) That you will not permit any person(s) under 18-years of age (or the age of adult in your location if the adult age is not 18 years) to have access to any of the materials contained within this website.
C) That you understand that when you gain access to this website, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community.
D) You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of online dating, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
E) That you further represent and warrant that you have not notified any governmental agency that you do not wish to receive online dating material.
F) That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
G) You are solely responsible for the content that you publish or display (hereinafter, "post") on Club Intimate website or transmit to other Club Intimate members.
I) You are not currently on probation, parole supervision or serving time in prison resulting from a felony conviction.
J) You will be truthful in all information presented in your personal profile and you verify that the photo or photos that you post actually depict you.
K) You will not transmit deliberately misleading information about yourself or your intentions to other members of the Service through the website.
M) You will not use this web site to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, obscene, or offensive language; the transmission of any material (by e-mail, uploading or otherwise) that threatens or encourages bodily harm or the destruction of property; or use of the service to identify, access, contact, interact with, publish obscene images of, or otherwise harm, minors in any way.
N) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Club Intimate members. Although Club Intimate cannot monitor the conduct of its members, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
O) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Club Intimate website. You will not interfere with or disrupt this web site or the servers or other networks connected to or supported by this web site or site. No party will in any manner distribute, originate, disseminate, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to modify, interfere with, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (whether in a destructive or benign manner, and whether on a temporary or permanent basis).
P) You will not use this web site to transmit or assist in the transmission of any material (by email, uploading or otherwise) that violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law.
Q) Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, members registered to other Club Intimate operated and "powered by" websites under the Club Intimate Exchange program, e.g. co-branded, privately labelled websites. This feature may allow you to interact with additional members of Club Intimate websites.
R) Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.
S) Your use of the Service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member of the Service. Club Intimate and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member of the Service (including but not limited to emotional, verbal and physical abuse or assault).
T) Club Intimate reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Club Intimate Services at any time, for any or no reason, with or without prior notice, and without liability.
U) When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Club Intimate immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.Fees
You acknowledge that Club Intimate reserves the right to charge for the Club Intimate Services and to change its fees from time to time in its discretion. If Club Intimate terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Ownership and Copyright
Club Intimate owns and retains other proprietary rights in the Club Intimate website and the Club Intimate Service. The website contains the copyrighted material, trademarks, and other proprietary information of Club Intimate, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
You are solely responsible for your interactions with other Club Intimate Members. Club Intimate reserves the right, but has no obligation, to monitor disputes between you and other Members.
A) Club Intimate is not responsible for any incorrect or inaccurate Content posted on the Club intimate website or in connection with the Club Intimate Service, whether caused by Users of the Club Intimate Service or by any of the equipment or programming associated with or utilised in the Club Intimate Service.
B) Profiles created and posted by Members on the Club Intimate Website may contain links to other websites. Club Intimate is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Club Intimate.
C) Inclusion of any linked website on the Club Intimate Service does not imply approval or endorsement of the linked website by Club Intimate. When you access these third-party sites, you do so at your own risk.
D) Club Intimate takes no responsibility for third party advertisements which are posted on this Club Intimate Website nor does it take any responsibility for the goods or services provided by its advertisers.
E) Club Intimate is not responsible for the conduct, whether online or offline, of any User of the Club Intimate Service.
F) Club Intimate assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication.
G) Club Intimate is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Club Intimate Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Club Intimate Services.
H) Under no circumstances shall Club Intimate be responsible for any loss or damage, including personal injury or death, resulting from use of the Club Intimate Services, attendance at a Club Intimate events, from any Content posted on or through the Club Intimate Services, or from the conduct of any Users of the Club Intimate Services, whether online or offline.
I) The Club Intimate Services are provided "AS-IS" and as available and Club Intimate expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
J) Club Intimate cannot guarantee and does not promise any specific results from use of the Club Intimate Services.
Limitation on Liability
In no event shall Club Intimate be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Club Intimate has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Club Intimate's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Club Intimate for the Club Intimate Services during the term of membership.
You agree to indemnify and hold Club Intimate, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Club Intimate Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Club Intimate Website causes Club Intimate to be liable to another.
This Agreement is entered into in Victoria, Australia. You agree that it will be governed by the laws of the State of Victoria and any disputes arising out of this Agreement will be subject to the courts of the State of Victoria and the federal courts applicable within the State. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.y
This Agreement was last updated on 7th September 2006.