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Member Terms and Conditions
Participation and Disclaimer
1. INTRODUCTION
1.1 These Terms and Conditions outline a member's rights and obligations and those of BONE FISH LTD — a company registered in Gibraltar under number 89021 in relation to this site, the networking services and other services provided by BONE FISH LTD (herein also referred to as "the SERVICE" "we" or "us").
1.2 By registering as a member and by participating in and using the SERVICE, the MEMBER accepts these Terms of Use and agrees to be bound by them.
1.3 Members to the SERVICE who do not opt for a paid subscription also affirm that they are bound by these Terms of Use each time they access the SERVICE or use parts of the SERVICE that they are permitted to use without obtaining a paid subscription.
1.4 You, the MEMBER, should be aware that these Terms of Use may be amended in accordance with Clause 13 below.
2. MEMBERSHIP
2.1 Individuals who register with the SERVICE are known as "members". Members must be at least 18 years of age and by registering as a member, you confirm that you are above this age.
2.2 As well as being permitted to browse the SERVICES, members may access the following areas:
- Rate Members (on certain sites)
- Video Chat (at certain times)
- Access to Special Offers
- Bookmark Members
- Receive Member Communications
3. BONE FISH LTD'S OBLIGATIONS
3.1 Whether you are a member or a visitor to the SERVICE, you acknowledge that BONE FISH LTD is not (and cannot) be held responsible for the behaviour or communications of other members or visitors — whether on the SERVICE or outside of the SERVICE. BONE FISH LTD only provides a venue for members and others to access the SERVICE.
All members should be aware that BONE FISH LTD does not pre-screen or monitor the material that is contributed by other members.
3.2 BONE FISH LTD does, however, have in place a Privacy Policy (which members are able to access by clicking on*), which forms part of the AGREEMENT with our members. As part of this policy:—
3.2.1 Members authorise BONE FISH LTD to disclose NON-sensitive personal data to other parties - unless specifically indicated by the MEMBER that they do not wish BONE FISH LTD to do so.
3.2.2 BONE FISH LTD pledges NOT to disclose sensitive personal data without the express consent of the MEMBER.
4. MEMBER'S OBLIGATIONS
4.1 The MEMBER is solely responsible for the content, quality and accuracy of the information that he/she provides.
4.2 The MEMBER may not post, transmit or otherwise use any information gained from BONE FISH LTD's website without the express permission of either BONE FISH LTD or the author of the aforementioned 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 LTD 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 customer.services@bone-fish.com.
5. BONE FISH LTD'S RIGHTS
5.1 BONE FISH LTD may but is not obligated to monitor the SERVICES and the information contained on it, to maintain the network and protect the rights of the users.
5.2 BONE FISH LTD reserves the right to decide upon the way and means of displaying the information provided by BONE FISH LTD's users, including (but not limited to) deciding upon conditions for priorities in search results. BONE FISH LTD shall not be required to disclose any of these conditions, being BONE FISH LTD of intellectual property.
5.3 BONE FISH LTD reserves the right to remove any material 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, or similar. BONE FISH LTD also reserves the right to refuse any material deemed offensive, racist or otherwise unfit, including libellous, third-party advertising, telephone/SMS/email details or otherwise offensive and/or illegal material of any kind.
5.4 BONE FISH LTD reserves the right, without prior notice, to cancel the access and/or membership of any user who does not comply 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 LTD reserves 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 LTD may also impose limits on certain features and services or restrict a member's access to parts (or the entire website) without prior notice or liability.
5.6 BONE FISH LTD may, from time to time, provide access to third party sites for the benefit of members. BONE FISH LTD is under no liability for any material displayed or any contacts made through their 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 disagreement between members, BONE FISH LTD reserves the right to resolve any disputes. BONE FISH LTD'S decision shall be final in the aforementioned matter.
6. INTELLECTUAL PROPERTY
The MEMBER acknowledges that all copyright, trade marks and other intellectual property rights in and relating to the BONE FISH LTD SERVICE (including the material which is contributed by members) is owned by BONE FISH LTD. Although the copying of material on a BONE FISH LTD site is relatively simple, IT IS ILLEGAL. As such, members may not copy, distribute, show in public or create any derivative work relating to the BONE FISH LTD SERVICE, or any material which is found on the BONE FISH LTD SERVICE unless properly licensed to do so by BONE FISH LTD itself.
By submitting any information/material to the content of the BONE FISH LTD SERVICE, you, the MEMBER:-
(a) Pledge that you are fully entitled to do so;
(b) Grant BONE FISH LTD a non-exclusive, royalty-free, non-terminable license right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere;
(c) Authorise BONE FISH LTD to adapt the relevant material in the course of doing so, and thus waiver your moral rights to object to any derogatory treatment, or to be identified as the author of the material in question.
7. EXCLUDED LOSS
BONE FISH LTD will not be liable to you, the MEMBER, or any third party for any indirect or consequential loss or damage, for any loss of data, profit, revenue or business however 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 LTD will also not be held responsible 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 LTD under these Terms of Use whether arising in negligence or otherwise will not, under any circumstance, exceed the greater of:
(b) the amount equal to the sums paid by the MEMBER to BONE FISH LTD by way of membership fees 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 LTD'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 will remain unaffected.
10. INDEMNITY
As the MEMBER, you agree to indemnify BONE FISH LTD 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 device through which you access the SERVICE.
11. ASSIGNMENT
BONE FISH LTD reserves the right to assign this AGREEMENT, and to assign or subcontract any or all of our rights and obligations under this AGREEMENT. You, the MEMBER may not, without the written consent of BONE FISH LTD, assign this AGREEMENT.
12. ENTIRE AGREEMENT
These Terms of Use include the BONE FISH LTD PRIVACY POLICY. Together, they contain the entirety of the AGREEMENT that binds us and you, concerning the BONE FISH LTD SERVICE. Such documents replace all earlier agreements and understandings with you, the MEMBER except for any fraud or fraudulent representations by either party. Any 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 terms of this AGREEMENT.
13. CHANGES TO THIS AGREEMENT
BONE FISH LTD reserves the right to amend this AGREEMENT and to post the amended version on the BONE FISH LTD SERVICE websites. When this is the case, BONE FISH LTD pledges to notify the MEMBER of these revised terms on the main screen of the SERVICE, (http://www.bone-fish.com/dc2/dcframe/members/joiningdisclaimer.asp), and the amended version of the Terms and Conditions will duly take effect and will govern all BONE FISH LTD SERVICES and the MEMBER'S relationship with BONE FISH LTD:
(a) commencing four weeks after the date of posting (or such later date as BONE FISH LTD indicates in the relevant posting), if any of the changes are 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 LTD SERVICE; or
(b) immediately on the date of posting (or such later date as BONE FISH LTD indicates in its relevant posting), if the changes are not to operative provisions, or are not capable of adversely affecting the MEMBER examples of which would include (without limitation), changes to one or more of BONE FISH LTD's addresses or e-mail addresses as 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 customer.services@bone-fish.com.
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
Following the Terms and Conditions set out in this AGREEMENT, members offer their consent with respect to BONE FISH LTD passing on information regarding the said MEMBER to other individuals. These individuals may be located in countries outside of the UK which may not have sufficient Data Protection laws to protect a member's personal information. However, a member's records will continue to be handled in accordance with the BONE FISH PRIVACY POLICY, although the member may no longer have rights under the UK and European Data Protection law.
Contact Details
Address: BONE FISH LTD
3rd Floor
International House
Bell Lane
Gibraltar
Telephone: 00350 200 40513
