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TERMS AND CONDITIONS OF USE

AGREEMENT

By entering and/or subscribing to this web site [the Website] you are entering into an agreement [the Agreement] for provision of a service [the Service] with Home Studio Ltd [the Company], a company registered in the UK and based in Hampshire UK, and you are accepting that you have read, understood, and are bound by these Terms and Conditions [the Terms].

A Member is defined as an individual person who has either paid a subscription to use the Service and/or has signed-in to the site with a username and password however the username and password were obtained. A club or Company or other such entity is not permitted to be a Member.

AGE AND LEGAL ACCESS CERTIFICATION.

You certify the following information and understand that we are relying on such certification and agreement to the Terms for allowing entry into the Website and for use of the Service. You hereby certify under unsworn declaration of perjury the following:

  1. That you are 18 years of age or older;
  2. That you are familiar with all local laws in your area affecting your legal right to access adult-oriented materials;
  3. That you have the legal right to access adult-oriented materials and this Website and the Service has the legal right to transmit them to you;
  4. That you are requesting adult-oriented materials solely for your own personal and private use and enjoyment, and not on behalf of or at the request of any third party; and
  5. That you will never provide to, share with, or otherwise make available adult-oriented materials from this site to a minor, or in ANY WAY make these materials available to a minor.

COPYRIGHTS AND TRADEMARK

Except for public domain material and electronic messages, or where otherwise indicated, all materials on this site are Copyright of the Company and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of the Company. Except as expressly stated in the Limited License provision in the Terms, no grant of any express or implied right to you under any other trademarks, copyrights or other proprietary information are given.

You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Website or any unauthorised access to or other unauthorised activity in connection with the Services.

You hereby grant the Company a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us as we see fit and without notice to you, unless you have indicated otherwise in such communication.

The name of the Website is a trading name of the Company.

LIMITED LICENSE.

Commercial use is strictly prohibited of any material located on the site. The Company provides the materials on this site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of the Website. Users of this site are granted a single copy license to only view (on a single computer only) the information offered on this site. The viewing of said information does not constitute the right to print or copy any of the information made available for viewing on this site. The viewing of information on this site is for personal, non-commercial use only.

The Company and its agents reserves the right to limit the amount of materials viewed or downloaded from this site by any user. Though this right will not be exercised unreasonably.

In addition, users of this site may not:

  1. Use any of the materials found in any area of this site for any public display, performance, sale or rental;
  2. Remove, modify or alter any copyright, watermark, proprietary notice, trademarks or other similar instrument from any of the materials found in or downloaded from any area of the Website and/or Service;
  3. Commit, attempt, commision, or be part of a conspiracy to commit a criminal act against the Website or Service. Specific attention is drawn to the Computer Misuse Act [CMA], which lists three specific offences:
    1. Unauthorised access to computer material (that is, a program or data).
    2. Unauthorised access to a computer system with intent to commit or facilitate the commission of a serious crime.
    3. Unauthorised modification of computer material.
  4. Otherwise transfer any material located in any area of this site to any other person or entity.

The Company reserves all other rights coincident or related to this site.

TERMINATION AND SUSPENSION

The Company reserves the right to terminate or suspend the Agreement and/or any membership agreement at any time if you breach or violate any provision of the Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this site. In the event that a membership agreement is terminated under this clause then no refund will be due.

MEMBER LOYALTY SCHEME AND ITS BENEFITS

The Company operates a Member Loyalty Scheme between this Website and other web sites, whereby paid subscription to this Website may include benficial access to one or more other web sites at no additional cost after various periods of subscription.

The Member Loyalty Scheme is operated at the sole discretion of the Company, who reserve the right to operate this scheme as they see fit: including and not limited to the granting or withdrawal of the scheme or its benefits to any user or group of users, or to adjust the scheme from time to time in any way that they so choose to do.

In all matters relating to the Member Loyalty Scheme the decision of the Company is final.

LINKS TO THIS SITE

Any hypertext link to this Website should be made to the home page of this Website.

Unless otherwise authorized in writing by the Company, you may only establish a hypertext "link" direct to content within this Website (such as news feeds) for non-commercial purposes only. The Company reserve the right to block direct hypertext links to content within the Website from other locations.

LINKS FROM THIS SITE

You may activate links in the Website leading to other web sites and services which are not under the control of the Company and for which the Company has no control or responsibility. It is reasonable to expect linked sites to have an adult theme. Activation of any such link is a user decision and responsibility and users should read and abide by terms and conditions on those sites.

ACCURACY OF INFORMATION

While reasonable efforts are made to ensure that the information contained on the Website is correct, the Company makes no warranty express or implied as to the nature or accuracy of any such material to the extent permitted by acceptable law.

JURISDICTION AND VENUE.

The Company make no representation that the materials available on this site are appropriate or available for use in other locations. Access to the Website and the Service from jurisdictions where the contents of the Website or the Service are illegal is prohibited.

DISCLAIMER

The materials on the Website are provided "AS IS" without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property or fitness for a particular purpose. The Company offers no assurance of uninterrupted or error free service. The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the Website. The Company may change any of the information found at this site at any time without notice including the Terms of Use without notice. The Company makes no commitment to update the information found on this Website. In no event shall the Company be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the material or information available on this site, even if the Company has been advised of such damages.

PRIVACY

The Company automatically records in files and databases [the Logs] information about certain user activities on the Service, and keeps the Logs for a limited period. For access to publicly available content available without a Member sign-in the Logs are usually deleted within one month. The Logs are used for technical and management purposes. No personal identifying information other than username and IP address are stored in the Logs.

As a unregistered casual user of the Service [the Guest] you can use the Service without telling us who you are or giving us any personally identifiable information other than your IP address. We do not knowingly store any other personal information about Guest users of the Service.

It is only when you complete a form that requests personal information or email the Company that you can be identified. If and when completing forms you may be asked for a variety of personal information such as name, address and post code. When you pay a subscription to enable use of the Service as a Member you will complete an online form with your personal details, and enter into other agreements with third party suppliers. On these occasions, the Member will be aware that the details they are providing, and these details will be stored and / or used by the Company or one of its suppliers.

The Company does not sell, rent or trade any personally identifiable information you provide when using the Website. The Logs and membership records remain on the Company's own IT infrastructure which is located in either secure cages with limited access in professional shared data centres, or at the Company's own premises.

The Service will record in the Logs the sign-in by Member and access to content that is available only to a Member or otherwise requires authorisation. These Logs will include time, IP address, content identity, the user name, a unique session identity, and traffic metrics. The Logs will be kept as proof of access and download of content, and also to regulate use of the Service. The Logs are normally kept up to six months for access to still images, and for the duration of membership plus at least one year for sign-on and for download of video and other large items of content.

This Service uses cookies in very specific ways that are intended to help you, and to operate the security of the Website. A cookie is a small file that a web site saves on your computer to help personalise your visit. On this web site a cookie is used to create a unique session identify for individual user as they use the site and for the site to keep state with the users activity - for example that they have viewed the legal warnings on entry into the site.

The Company uses services from Google known as Google Analytics to analyse use of this web site and to produce periodic reports on usage, details of the Google Analytics service are available from www.google.com/analytics.

GENERAL

We may delay enforcing our rights under these Terms without losing them.

We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.

The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement between you and us formed by these Terms.

These Terms and and applicable additional third party supplier terms that you accept as part of your registration process for the Service form the entire understanding between you and us concerning your use of the Website and the Service and supersede all previous agreements relating to the Service and the Service.

If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

You acknowledge and agree that in entering into these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in these Terms shall, however, operate to limit or exclude any liability for fraud.

The Company reserves the right at all times to disclose any information as the Company deems necessary to satisfy any requirement supported by law, regulation, or legal process.

These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive jurisdiction of the English courts.

Notices from the Company to customers shall be given by means of electronic messages or by a general posting on the Website. Formal notices by customers to the Company shall be given by mail to the Company at its registered address. The Company may also be contacted informally through the facilities within the Website or the email addresses given within the Website.


18 U.S.C. Section 2257 Compliance Notice

Notice

All models, actors, actresses and other persons that appear in any visual portrayal of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time the visual image was created.

All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

With respect to all visual depictions displayed on this web site, whether of actual sexually explicit conduct, simulated sexual conduct or otherwise, all persons were at least 18 years of age when said visual depictions were created.

The owners and operators of this Web site are the primary producers of all of the visual content contained in this Web site.

Custodian of Records

The Custodian of Records is:

Miss Nicola Haimes
Figure Four Productions Ltd
Unit 4
Farringdon Industrial Centre
Farringdon
Hampshire
GU34 3DP
United Kingdom


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Copyright © MistressWhiplash.com, 2009. All rights reserved. Terms and Conditions of Use & 18 U.S.C. Section 2257 Notice.