The following words have the following meanings in this Agreement unless the context implies otherwise:
"Agreement" means the agreement between You and Us incorporating these conditions for the provision of the Service;
"Service" means the networking service provided by Us to You including, but not limited or restricted to, Us allowing you to browse our Website, contact and or be contacted by other registered Members through our Website and or Post information on our Website;
"User" means any person who uses our Website;
“We, Us and Our” means Our website at URL www.circa-club.com (or such other URL that We may use to provide the Service from time to time);
"Website" means Our website at URL www.circa-club.com (or such other URL that We may use to provide the Service from time to time); "You, Your, Yourself" means the person whose application for Membership of the Service is accepted by Us; "Intellectual Property Rights" means all patents, 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;
"Liability" means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities whatsoever;
"Member" means any person whose Membership we have accepted and whose Membership remains valid for the time being;
“Membership” means any type of Membership offered by us for Service provided whether Subscription based or otherwise;
"Post, Posting” means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Service;
"Profile" means the section containing details, photographs and/or information about You as composed and posted by You on our website and as amended by You from time to time;
“Subscription” means any payment made to us for a specific Membership for use of our Service.
By accepting these conditions, You warrant and represent to Us that:
2.1. You are over 18 years old and are not an Escort or engaged in any Escort Agency;
2.2 You have not been convicted of any criminal offence relating to violence or any other, or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and or you have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act);
2.3 If you are not able or not willing to give the warranties and representations set out herein then you must not apply for membership.
3. BASIS OF CONTRACT
3.1 This is a legally binding Agreement between You and Us for the provision of the Service; All information provided by You (Circa Members/Visitors/Guests) will be kept strictly confidential under the care and control of the Circa Founder, Patricia Madden and will not be made available for sale or hire.
3.2 These conditions, as amended by Us from time to time, shall govern the Agreement between You and Us to the exclusion of any other terms or conditions and You agree to abide by these terms and conditions fully;
3.3 These and all other conditions as amended supersede all Terms and Conditions and shall replace any Terms and Conditions previously notified to You and accepted by You;
3.4 We reserve the right to vary these conditions at any time. If We vary these conditions, the updated conditions shall be posted on the Terms and Conditions page of the Website from time to time;
3.5 Our employees, sub-contractors and or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing;
3.6 You acknowledge that You do not rely on any representation and or warranty that has not been made in accordance with these conditions;
3.7 We reserve the right to monitor and at our sole discretion to remove for any reason any information, photographs and or other material Posted by You from time to time;
3.8 We shall have the right to refuse to register applications for Membership and to terminate any Membership at any time without providing any explanation;
3.9 The Agreement between You and Us shall come into effect on Our acceptance of Your application for Membership. No application for Membership shall be deemed to be accepted by Us until you have received confirmation of Your Membership from Us by e-mail;
3.10 We reserve the right to make changes to the Service as required from time to time for commercial reasons or by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service;
3.11 We reserve the right at our sole discretion to log User Internet Protocol (IP) addresses for security reasons.
4. PRICE AND PAYMENT
4.1 The price of the Service shall be as shown on Our Website from time to time. A 30 day written notice shall be required to be given by You to Us to cancel Your Membership;
4.2 We shall be under no obligation to refund Your Subscription Fee if the required notice is not received by Us.
We reserve the right to terminate or suspend your Membership without recourse to You if:
5.1 You fail to make any payment of Subscription to Us when due;
5.2 You breach the terms of this Agreement;
5.3 You fail to provide Us within a reasonable time sufficient information, when requested to, to enable Us to establish the accuracy and or validity of any information Posted by You;
5.4 In Our reasonable opinion, the information provided by You is damaging to our image and business;
5.5 Your conduct is below acceptable standard and not conducive to the best interests of other Members and of Us;
5.6 You engage in solicitation and enticement of Our members, post explicit material on Our Website or engage in actions contrary to good taste.
6. MEMBER'S OBLIGATIONS
You will not:
6.1 Post Your personal details such as Your full name, telephone number, address and or e-mail address or URL in Your Member Profile:
6.2 Transmit and or Post information, pictures and or any other material which breaches, infringes, violates and or is contrary to any law, by-law, statute and or regulation or any other parties' rights (including but not limited to Intellectual Property Rights and or privacy rights);
6.3 Use the Service to promote another site, service and or business in any way including but not limited to Posting any personal e-mail addresses URL's and or other personal telephone numbers in Your Profile or elsewhere on the Website;
6.4 Solicit other Members' business, buy or sell products and or services through the Service;
6.5 Misuse in any way the Service or any information Posted on the Service;
6.6 Attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
6.7 Post and or reproduce in any way any information and or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;
6.8 Copy, in whole or in part any of the information on the Website (including, but not limited to any information contained in other Members’ Profiles) other than for the purposes envisaged in this Agreement;
6.9 Post any chain letters and or junk e-mails to other Members;
6.10 In any way assign, transfer, part with and or authorise any other person to use Your membership login details that are personal to You;
6.11 Transmit and or Post and or email to another Member any information, pictures and or any other material, which in Our opinion is sexually explicit, obscene, racist, derogatory, degrading, abusive, threatening, sexually suggestive, libellous and or offensive to anyone’s religious or political beliefs.
7. YOUR PROFILE
7.1 You acknowledge that other Members and Users will be able to view Your Profile and information contained thereon;
7.2 If You Post and or disclose to other Members and Users any confidential or sensitive information about Yourself then You do so entirely at Your own risk;
7.3 You will be able to view the details and profiles of other Members and be able to contact them;
7.4 You warrant and represent to Us that all information Posted by You is accurate, honest, true, complete and is not misleading and that You shall update your information with any changes as they occur;
7.5 We reserve the right to review Your Profile from time to time and to amend and or delete it if We, in Our sole discretion, think that it should be amended and or deleted.
8. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
8.1 All Intellectual Property Rights in the Service shall be owned by Us absolutely;
8.2 You warrant and represent to Us that the information Posted in Your Profile is Posted by You and that You are the sole author of Your Profile. You assign to Us with full title guarantee all copyright in Your Profile;
8.3 You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction;
8.4 You agree that You shall keep confidential and not use, except for purposes contemplated by this Agreement, any and or all information relating to the Service which may be disclosed to You or which You may learn, except where such information is public knowledge or it is required to be disclosed by law;
8.5 We will use Our reasonable endeavours to keep Your personal details such as Your surname, real e-mail address and credit card number(s), if relevant, confidential and shall not disclose such information to any third party, except where required to be disclosed by law.
9.1 The Service is provided in its current form and We do not, by any means, guarantee that the Service, or elements of it, shall meet Your requirements, purpose and or expectations;
9.2 We do not warrant that any of the information and or material provided in the Service is accurate;
9.3 We do not provide any warranty in respect of the Service, results, availability, and or uninterrupted use of the Service.
10. USE OF THE SERVICE
10.1 The Website is merely a forum for Members to Post information about themselves and to allow Members to contact other Members through use of the Service;
10.2 You should be aware that information Posted by other Members on their profiles are only a description of how they perceive themselves and You should not assume that the information contained in any profile is necessarily correct and accurate;
10.3 We do not have an opportunity to check that the profiles are correct and not misleading and are under no obligation to verify any information contained therein;
10.4 Before acting on any information contained in any Profile or on any information received by You through Your use of the Service, You should at Your own cost and expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth, reliability and accuracy of such information.
10.5 If You arrange any meetings with any Member through Your use of the Service then You do so at Your own risk. You should take all precautions as You deem necessary to ensure Your own personal safety.
11. LIMITATIONS ON LIABILITY
11.1 We shall have no Liability for any defect in the Service caused or contributed by You and or by any other Member;
11.2 We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the due date for payment;
11.3 We shall have no Liability to You arising out of Your use of the Service and or Your reliance on any information and or other material Posted on the Service either by You or other Members;
11.4 We shall have no Liability to You arising out of any Member's and or unauthorised User's misuse of information and or other material Posted by You on the Service and or to other Members;
11.5 We shall have no Liability to You for any consequential losses of any nature including but not limited to loss of profits, economic losses, damage to goodwill, damage to reputation, loss of data, loss of programs and or service interruptions;
11.6 We shall have no Liability to You for any delay in performance of this Service and or any other matters to the extent that such events and or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lockouts, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
12.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and or liabilities suffered by Us and arising from and or relating to Your use of the Service, information and or other material Posted on the Service by You and or arising from or due to any breach of contract, any tortious act and or omission and or any breach of statutory duty by You.
13.1 All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to Members who shall have the right to enforce this Agreement as if they were Us. Any right of a third party to enforce this Agreement may be varied and or extinguished without the consent of any such third party;
13.2 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision;
13.3 This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect;
13.4 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.
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