Contents
- DECLARATIONS
- ELIGIBILITY
- INDEMNITY
- DISCLAIMER
- ADVICE
- RULES
- TERMINATION OF MEMBERSHIP
- COPYRIGHT
- Personal Information
- PRICE OF SERVICE
- PAYMENT OF SERVICE
- INFORMATION OBTAINED BY DATINGBHM
- DISCLAIMER
- DISPUTES
- OTHER
1. Declarations
By using the DatingBHM™ website, either as a Registered User or as a Subscribing Member you are deemed to have read, understood, agreed and are bound by all the Terms & Conditions of Service as listed in this document.
"Terms & Conditions of Service" means the list of conditions, clauses & sub-clauses contained in this document. Those conditions are the sole binding agreement between DatingBHM™ and You: the Registered User or Subscribing Member to our Service.
"Liability" means Liability for any and all damages, proceedings, actions, claims, costs and any other losses and/or liabilities.
"Service" means the service delivered by DatingBHM™ to You the Member, including, but not limited to the access to specific information about other Registered Users, and/or Subscribing Members, as well as access to other Users and Members by means of e-mail and/or a Messenger one-one-one chat function.
"Subscribing Member" or "Member" means any person who has agreed to subscribe to our service and has paid the appropriate subscription fee which validates a membership for a set period directly related to the sum transferred and agreed between DatingBHM™ and You.
"Registered User" or "User" means any person who has complied with DatingBHM™'s request to fill out a range of questions related to their characteristics and preferences upon which fulfilled request, the person will be allowed free access to certain pre-defined parts of the Service Service. The access will be continuous but the access will always remain at the discretion of DatingBHM™.
"Intellectual Property Rights" relates to all, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.
DatingBHM™ means
DatingBHM P.O.Box 213
Wilmslow, Cheshire SK9 3WX.
"You or derived versions of You" means the person whose application for membership of the Service is or has been accepted by DatingBHM™.
These Terms & Conditions of Service set out the legally binding terms that are the basis of your membership and/or use of our service. These terms & conditions have been submitted as a binding agreement and are available upon request from our Customer Care department. We may modify the Terms & Conditions from time to time without prior notice, but you may always review the current version at http://DatingBHM.co.uk/tc.html.
2. Eligibility
This service is only available for persons over the legal age of 18 years of age. When You accept the DatingBHM™ Terms & Conditions of Service, DatingBHM™ will automatically assume that you are 18 years of age or older.
This service is only available for persons who have not been convicted of any offence relating to violence and/or offences under the Sex Offenders Act 1997 (or under any statutory amendment replacing and/or amending such Act).
3. Indemnity
Any actions undertaken by You during the use of our Service that violate this agreement or are in breach of any article of British law are wholly Your responsibility. You therefore agree to indemnify and maintain indemnification of all shareholders, directors, management, subsidiaries, affiliates, employees, staff, partners and anybody else who is directly or indirectly part of the DatingBHM™ organisation in whatever form, against all losses, damages, demands, awarded costs, claims, demands, expenses, administration & legal costs harmless from any loss, liability, claim, demand or legal fees, made by any third party due to or arising out of Your use of the Service in violation of these Terms & Conditions of Service.
4. Disclaimer
DatingBHM™ are not responsible for any incorrect or inaccurate information, data or other content posted on our Web site. Any content or information entered by Registered Users or Members , whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. DatingBHM™ is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. DatingBHM™ 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, User or Member communications. DatingBHM™ 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 email or other communication software on account of technical problems or traffic congestion on the Internet or at any web site 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 the Web and/or in connection with the Service. Under no circumstances will DatingBHM™ be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and DatingBHM™ expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DatingBHM™ cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.
5. Advice
DatingBHM™ through its Agony Aunt feature will occasionally respond to questions or observations from members about "relationships". DatingBHM™ will not guarantee that any questions from users will be answered. Any answers provided by a member or members of DatingBHM™ staff should not be interpreted as counseling in any form whatsoever or as specific advice to solve a problem or to take action in any particular circumstance. Users suffering from personal problems or seeking specific advice to their personal situation are urged to consult with a professional counselor, GP or other qualified person specialised in "relationship" and related problems. DatingBHM™ and its staff and representatives shall be indemnified from any and all liability in relation to answering questions or observations communicated by users.
6. Rules
As a Registered User of our service or a Subscribing Member to our service, you are strictly prohibited from:
- DatingBHM™ do not allow registered users to have profiles in more than one of their dating websites, unless a monthly membership has been taken out on at least one dating website. Violations of this rule will result in being refused registration in the second or subsequent DatingBHM™ website.
- Only one profile per dating website is permitted.
- Using your profile to list contact details such as telephone numbers, e-mail addresses and references to e-mail addresses
- It is strictly prohibited to use any of DatingBHM™’s communication systems such as messages, instant messenger and/or chatroom to promote their own or third party commercial ventures, products or services, without written consent and approval of DatingBHM™’s management. Breaching our Terms & Conditions in this respect will lead to an immediate, permanent and unconditional ban from DatingBHM™. Perpetrators, who promote, refer to or advise the use of one or more competitive dating or other website containing personals, forums or other related to BBW or plus size women in the widest sense of the word will incur a claim for damages of £1000 per incident and will be pursued for the above claim(s) as well as the legal cost incurred to pursue those claim(s).
- Passing on or uploading any photographs, pictures, animations and/or other data and/or information that can be deemed to be an infringement of privacy and/or intellectual Property as well as copyright laws.
- Passing on or uploading any photographs, pictures, animations and/or other data and/or information that that is sexually explicit and/or contravenes common decency standards and/or violate any laws under the Obscene Publications Act of 1959 and 1964, including but not limited to the 1994 extension under the Telecommunications Act.
- Passing on information that is sexually suggestive, obscene, defamatory, threatening, racist, demeaning, sexually discriminative and can be construed as to be libellous.
- Allowing third parties to gain access to the service by passing on your login and password details to others
- Attempting to gain information and/or data for other purposes than the primary and single use of the service: finding a suitable partner or partners
- Passing on to third parties, to the internet or to other media, information in whatever format and to whatever detail about other members or registered users of the service
- Directly involving DatingBHM™ in any disputes or disagreements you may have with other members and/or registered users of the service. You are wholly responsible for any such disputes and you shall inform DatingBHM™ of the existence of such dispute. It is at DatingBHM™'s discretion whether or not to interfere and/or mediate in such disputes. Should the dispute disturb other members or registered users or interfere in any way with the service, disputing members shall be suspended from access to the service until the dispute has been resolved, with or without mediation by DatingBHM™.
7. Termination of Membership
Both or either party respectively may terminate this Agreement at any time, for any reason. Termination of the agreement by either party will be effective upon that party sending written notice to the other party of their intentions. Termination by a member can be undertaken via e-mail, sent to {$admin_email} stating that the member who owns the e-mail address whishes to terminate his/her membership from date as stated. Alternatively membership can terminate their membership using the menu option Cancel My Account and by sending a subsequent email to DatingBHM™ indicating their intentions. The membership will then be terminated at the next date when membership payment is due. Membership is automatically renewed until members notify DatingBHM™ of intent of termination.
In case of breach of the Terms & Conditions, DatingBHM™ will terminate the membership of the member responsible for the breach. This member will be notified by e-mail of such termination. The termination will be effective upon receipt of the e-mail by the member. If membership is terminated, the terminated member will not be entitled to any refunds. After termination by DatingBHM™ or by the member him/herself, members are still bound by the Terms & Conditions related to disclosing information of other members and registered users as well as all copyright clauses.
8. Copyright
The DatingBHM™ web site contains proprietary graphic and other materials, trademarks and features that are owned by DatingBHM™ and its licensors and are subject to copyright. Except for data that is in the public domain or for which you have received written permission signed by one of the directors of the DatingBHM™ organisation, you are prohibited from copying, modifying, publishing, distributing, transferring, broadcasting, displaying, or selling any such proprietary information.
8.1. Personal Information
DatingBHM™ have the right to review and reject any content, personal information, photographs and/or other information that is deemed unsuitable because of its offensive nature, its questionable legality, because it may threaten the safety of our members and registered users. You are solely responsible for all the content that you upload to our website or to our members and/or registered users.
You must and can only use the Service in such way and manner that your usage does not contravene any or all relevant and/or applicable laws, by-laws and/or Acts of Parliament.
9. Price of service
The price of membership subscription to the DatingBHM™ service is stated on our joining or membership page. DatingBHM™ has the right to change the price without giving prior notice. Our prices include VAT as applicable. Notice of any increases/discounts will be given on DatingBHM's information pages. Payments made by members in order to obtain membership of the DatingBHM™ website are strictly non-refundable.
By agreeing to these Terms & Conditions, members will automatically forfeit any rights of charging back the Credit Card Company for whatever reason for the services made available by DatingBHM. If members undertake such charge back action from the Credit Card Company, DatingBHM™ shall pursue every avenue including County Court Judgements in order to obtain repayment of the charged back amount plus all incurred legal and other cost.
10. Payment of service
All payments shall be made by means indicated in the appropriate joining or membership pages. Payments are only considered to have been made when DatingBHM™ has received cash or when transferred funds and/or cheques totaling the required amount due, have been cleared. One month membership payments and three month membership payments by credit card recur automatically at the end of the respective term. The recur information is stated clearly and concsiely in red print on the payment page. DatingBHM cannot be held responsible for bank charges incurred by you as a result of accidental double payment or you failing to terminatie the membership before membership term expiry. Membership subscription payments are non-refundable.
11. Information obtained by DatingBHM
In order to deliver the best possible service, i.e. finding the most suitable partners for our members, DatingBHM™ will collect information from its members. This information includes username, age, sex, various preferences, professional information etc. This is referred to as Public Information and is used to allow other members and to some degree registered users to access this information. In case of searches by members and registered users, your information is accessed and matched against requirements from other users and/or members. In addition, we collect personal information such as name, mailing address, birth date, credit card information and IP address. This information is Private Information and shall not be divulged to any third party with the exception of our credit card company in order to validate whether your information is correct and to protect you from any fraudulent use of your credit card. No personal or other information is or shall be divulged to our affiliated partners.
12. Disclaimer
DatingBHM, its personnel, its owners, shareholders and representatives are not in any way whatsoever responsible and as such cannot be held responsible for the inaccuracy of any content produced and/or displayed as part of members' and/or registered users' profiles which forms part of the service. Such inaccuracies, alterations, deliberately or accidentally deceptive information and other omissions, submitted by design, or by accident are the full responsibility of the member and/or registered user of the service.
DatingBHM, its personnel, its owners, shareholders and representatives do not provide any warranty in respect of the Service, expected or perceived results, availability, and/or uninterrupted use of the Service.
DatingBHM, its personnel, its owners, shareholders and representatives are not in any way responsible and as such cannot be held responsible for failures of and damage to of browser software applications, e-mail applications, web sites, computer hardware and/or peripherals.
DatingBHM, its personnel, its owners, shareholders and representatives are not in any way responsible and as such cannot be held responsible for losses, failure or other damage, including personal damage, injury or death, resulting from the use of the DatingBHM™ Web site and/or the Service and/or its content or any interactions between users of the service in whatever form.
DatingBHM, its personnel, its owners, shareholders and representatives cannot be held responsible in any way or by any means for the absence of any search results or any other results expected through using the service and/or the website.
DatingBHM, its personnel, its owners, shareholders and representatives cannot be held responsible in any way or by any means for communication failure, delays, unauthorised access.
DatingBHM, its personnel, its owners, shareholders and representatives cannot be held responsible in any way or by any means for malfunction of your computer hardware, modem, telephone line, software, operating system and/or peripherals.
DatingBHM, its personnel, its owners, shareholders and representatives cannot be held responsible in any way or by any means for damage, loss, injury, and/or death as a result of the use of our website.
13. Disputes
If there is any dispute about or involving the DatingBHM™ Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the United Kingdom without regard to its conflict of law provisions in any other country but the United Kingdom. This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
14. Other
This Agreement, accepted upon ticking the box indicating that the Terms & Conditions of Service have been read, understood and agreed with, includes the entire agreement on Terms & Conditions between you and DatingBHM™ regarding the use of the DatingBHM™ Web site and/or the Service. If any provision of this Agreement is proved invalid, the remainder of this Agreement shall continue in full force and effect.
Please Contact DatingBHM™ with any questions pertaining the above Terms & Conditions.
DatingBHM.co.uk & DatingBHM.com are trademarks and are subject to all copyright restrictions.
I HAVE READ THIS AGREEMENT AND I AGREE TO AND WILL ABIDE BY ALL OF THE PROVISIONS CONTAINED IN THE ABOVE.