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Terms Of Use Agreement
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This Terms Of Use Agreement (hereinafter referred to as the "agreement") applies to Photo-Personals.co.uk (hereinafter referred to as "our website"), a service of Arena Internet Ltd. (hereinafter referred to as "we", "us" or "our").

You must read and agree to the terms and conditions of this agreement before you may access or view our website. Please read them carefully. By visiting our website, you are agreeing to its terms and conditions.

This agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original agreement.

1. Eligibility:
You must be at least the age of 18 (or the age of majority in the locality or jurisdiction in which you reside) to use, or register as a member of, our website. Membership of our website is void where prohibited. By using and/or viewing our website, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of its terms and conditions. , that you are not prohibited by law from using our website and that you are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and frankly erotic nature.

The materials, which are available within our website may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18 years old (or the age of majority in the locality or jurisdiction in which you reside) or who is offended by such materials or who does not wish to be exposed to such materials.

By using and/or viewing our website you represent and warrant under penalty of perjury the following:

A) That you are an adult who is at least the age of 18 (or the age of majority in the locality or jurisdiction in which you reside)
B) That you will not permit any person(s) under 18 years old (or the age of majority in the locality or jurisdiction in which you reside) to have access to any of the materials contained within our website.
C) That you understand that when you gain access to our 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. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, 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.
D) That you represent and warrant that you have not and will not use and/or view our website 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.

Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com and other analogous sites providing information on such protections. (The preceding links are provided for information purposes only and are not intended as an endorsement of these entities, their services, or policies. We are not affiliated with them.)

2. Fees / Termination:
Our Website service usage and/or subscription fees and duration of services were provided to you upon registration and may change from time to time upon electronic notice to you. We reserve the right to terminate your access to our website for any reason or no reason. We may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership to our website because you have breached this agreement, you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. Even after this agreement is terminated certain provisions will remain in effect including sections 1, 3, 4, 5, 7, 9, 10, 11, 12, 13 inclusive, of this agreement.

You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to the postal address below.

If by reason of death or Disability you, the buyer, are unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of Disability. "Disability" means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to us, the seller. If you, the buyer, have prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received due to death or Disability shall be promptly refunded to the buyer or his or her representative. This provision 2(b) shall supersede any other provision's terms that are contrary herein.

3. Non-Commercial Use By Members / Viewers:
Our Website is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become members of this site and shall not use our website for any purpose including but not limited to: sending unsolicited commercial email to members, sending advertisements for other web sites and services in our website's chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of our website, including unauthorized framing of or linking to our website or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at the sole discretion of us. In order to prevent the sending of unsolicited commercial email or chat messages to our members, we may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating email and chat messages at our sole discretion.

4. Proprietary Rights Of Content On Our Website:
We own and retain other proprietary rights on our website. Our Website contains copyrighted material, trademarks, and other proprietary information of us and our 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.

5. Content Posted On Our Website:
A) We claim immunity from liability to the fullest extent under the law for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that we may delete any content, messages, photos or profiles (collectively, "Content") that in our sole judgment violates this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten our safety and/or that of our members.
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on our website, or transmit to other members.
C) By posting content to any public area of our website, you automatically grant, and you represent and warrant that you have the right to grant, to us and our members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
D) We will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on our website - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial email or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commerical in nature; provides material that exploits people under the age of 18 (or the age of majority in the locality or jurisdiction in which you reside) in a sexual or violent manner, or solicits personal information from anyone under 18 years old (or the age of majority in the locality or jurisdiction in which you reside); provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use our website in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our website 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 our website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to us by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through our website. You will not transmit any chain letters or junk email to other members. Although we cannot monitor the conduct of our members off our website, it is also a violation of these rules to use any information obtained from our website 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.
H) 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 our other "powered by" websites eg. co-branded, privately labeled, etc. This feature may allow you to interact with additional members of our websites.
I) Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.

6. Copyright Policy:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement can be reached at the postal address below.

7. Member Disputes:
We do not solicit or control the information provided by other users that is made available through our website. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the memberís profile page or at various other places throughout our website. Please also use caution, common sense, and safety when using our website.

You are solely responsible for your interactions with other members. In the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on our website, you release us, including our officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We reserve the right, but have no obligation, to monitor disputes between you and other members.

8. Privacy:
Use of our website is governed by our Privacy Policy, which may change from time to time upon electronic notice to you.

9. Disclaimers:
We, including our officers, directors, agents, subsidiaries and employees are not responsible for any incorrect or inaccurate content posted on our website, whether caused by users, members or by any of the equipment or programming associated with or utilized by our website, nor for the conduct of any user and/or member of our website whether online or offline. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with our website. Under no circumstances will we be responsible for any loss or damage resulting from anyone's use of our website and/or any content posted on our website or transmitted to other Members. Our Website is provided "AS-IS" and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of our website.

10. Limitation Of Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of our website, we have been advised of the possibility of such damages. You further agree to hold us, including our officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other userís profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, our 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 us for our website during the term of membership.

11. Arbitration Of Disputes:
Any and all disputes arising out of or related to this agreement and/or your relationship with us and/or your use of our website shall be submitted to binding arbitration. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney/legal fees. The arbitration shall take place within the United Kingdom. All parties shall be governed by the jurisdiction of the United Kingdom without conflict.

12. Indemnity:
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney/legal fees, made by any third party due to or arising out of your use of our website in violation of this agreement and/or any breach of your representations and warranties set forth above.

13. Notices / Other:
Except as explicitly stated otherwise, any notices shall be given by postal mail to the address below or to the email address you provide in your application for membership or such other email address as you may later provide to us.

Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid.

You agree that this agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to us shall include our subsidiaries, affiliates, officers, agents, and other partners and employees. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.

Last revised on: 21/03/2014.

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