TERMS
OF USE of SHEERTV.co.uk
IMPORTANT: you must read the terms and conditions
of this agreement before accessing and using the Web Site. By accessing
and using the Web Site you agree to be bound by the terms and conditions
set out below. If you do not wish to be bound by these terms and conditions
you may not access or use the Web Site.
Definitions
"Information" means all material delivered by Fetisha Enterprises through this
web site (the "Web Site") including text, pictures and hyperlinks. ''User"
means you, the Web Site end-user. "Contract" means this Web Site agreement.
Rights
Granted/Rights Reserved
Fetisha Enterprises provides the Information to the User solely for the personal
entertainment purposes of the User and the User may download the Information
onto only one computer hard drive for such purpose.
The
Information may not be used, reformatted, or used as source material
for any other purpose, including but not limited to, publication, reproduction,
or transmission without the express written permission of Fetisha Enterprises.
This
includes the use of this site to obtain materia for journalistic articles,
or the attempt to contact Users of this site to obtain such materia,
or the use or sale of any personal details or distinctive likeness of
the Website Owner or any other User for personal or corporate material
gain.
Use
of the Web Site/Indemnification
The User undertakes:-
(a)
that they are at least 21 years of age and that the use of this Web
Site or references to the activities contained herein does not contravene
any law in their locality (country, county, city or state);
(b)not
to use the Web Site in a manner which constitutes a violation or infringement
of any person, firm or company (including but not limited to rights
of copyright or confidentiality). ;
(c)
that it shall not make any use of the Web Site such that the whole
or part of the Web Site is interrupted, damaged, rendered less efficient,
or the effectiveness or functionality of the Web Site is in any way
impaired;
(d)
not to use the Web Site for the transmission or posting of any computer
viruses or any material which is defamatory, offensive or of an obscene
or menacing character or in such a way as to cause annoyance, inconvenience
or needless anxiety;
(e)
not to use the Information or Services provided for any unlawful purpose;
(f)
that it shall not use the Web Site to transmit any material for the
purposes of publicity, promotion and/or advertising without the prior
written consent of Fetisha Enterprises unless such transmission has been specifically
requested by another user of the Web Site; and
(g)
that in the event that it has any right, claim or action against any
other user arising out of the use of the Web Site then it shall pursue
such right, claim or action independently of, and without recourse
to, Fetisha Enterprises.
The User further acknowledges:-
(a)
that it is technically impossible to provide the Web Site free of
faults and that Fetisha Enterprises does not undertake to do so;
(b)
that faults may lead to temporary unavailability of the Web Site;
and
(c)
that the operation of the Web Site may be adversely affected by conditions
and performances outside Fetisha Enterprises's control, including without
limitation, transmission, telecommunications links between Fetisha Enterprises
and Users, between different parts of Fetisha Enterprises, and between Fetisha Enterprises and other systems and networks.
Third
Party Information
The User further acknowledges that some of the Information, for example
software or data contributed by other Users, is supplied to Fetisha Enterprises
(directly and indirectly) by third parties and according Fetisha Enterprises
can offer no warranty of whatever nature in relation to such Information.
Indemnity
The User will indemnify and defend Fetisha Enterprises against all claims, liability,
damages, costs and expenses, including legal fees, arising out of a
breach of this Contract or any Use of the Information or the Web Site
by the User. The User acknowledges that Fetisha Enterprises has no control over
the nature or content of information or programs transmitted or received
by the User using the Web Site and that Fetisha Enterprises does not examine
in any way the use to which the User puts the Web Site. The User agrees
to fully indemnify Fetisha Enterprises against any claims or legal proceedings
arising in connection with User's use of the Web Site which are brought
or threatened against Fetisha Enterprises by any other person.
Intellectual Property
The User acknowledges that all copyright, trade marks and all other
intellectual property rights in the Information shall remain vested
in Fetisha Enterprises or its licensors/licensees.
Suspension and Termination
Fetisha Enterprises shall have the right to immediately terminate this Contract
and/or suspend the Web Site if the User commits a breach of the Terms
and Conditions.
User
Data
Fetisha Enterprises will never divulge any information about Users except
on the specific request of that User or on the request of a legal authority
with just cause to obtain such information, and will under no circumstances
relay or sell User data to any commercial interest.
For
reasons laid out under the Data Protection Act, Fetisha Enterprises must still
reserve the right to include the name, address and other relevant information
relating to the User in a directory for the use of Fetisha Enterprises users
or other third parties, unless specifically requested by the User in
writing not to do so. Fetisha Enterprises cannot guarantee the security or privacy
of the Web Site and any information or communication to or from the
Web Site by the User. We recommend that users use a severable form of
communication and follow common sense online safety tips.
Changes
to the Terms and Conditions
Fetisha Enterprises reserves the right to change these terms and conditions
from time to time by placing a note of such change in this file and
the User's continued use of the Web Site following notice of such change
shall be deemed to be the User's acceptance of any such change. It is
the User's responsibility to check this file regularly to determine
whether this Contract has been changed. If the User does not agree to
any change to the terms and conditions of this Contract then the User
must immediately stop using the Web Site.
Severability
Each provision of this Contract excluding or limiting liability shall
be construed separately, applying and surviving even if for any reason
one or other of those provisions is held in applicable or unenforceable
in any circumstances and shall remain in force notwithstanding the termination
of this Contract howsoever occasioned.
No
Waiver
No waiver by Fetisha Enterprises shall be construed as a waiver of any proceeding
or succeeding breach of any provision.
Choice
of Law
This Contract shall be governed by English law and the parties hereby
irrecoverably submit to the exclusive jurisdiction of the English Courts.
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