Standard Terms and Conditions
1.1 This website, Mothership, (“the Site”) is a community, blog, social networking and dating website for the male gay community in the UK, Ireland, USA, Canada, Australia and New Zealand.
1.2 The Site is operated by eFXnet Services Limited (“we” or “us”) and membership is open to individuals who register with the site. Our contact information is on our homepage and in other places on our website.
1.3 These terms will apply to registered members, subscribers or those who simply view the Site (“you”).
1.4 Whichever level of registration you choose you will be bound by these terms and conditions in full and you also agree to be bound by the terms of our policies including the following:
· Media policy which informs you of the audio, photographic and video content you may and may not post on the Site and explains where such content should be posted.
· Safety policy which contains recommended steps you should take to ensure your safety when using the Site and when meeting in person someone you have met using the Site.
1.5 Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.
2. Registration and Subscription
2.1 We offer two levels of registration – you may choose to register either as a free user (a “Crew Member ”) or as a subscriber (a “Club Class Member”). A subscription charge is payable by you for registration as a Club Class Member and certain services will only be available to Club Class Members. Our charges may be varied from time to time.
2.2 You agree that all information supplied on registration and your membership profile will be kept up to date at all times. We will use the information provided to us to contact you.
2.3 You may not have more than one profile. We reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one profile at any time.
3.1 Users may block other users from contacting them through the Site.
3.2 You are not entitled to allow any other person to use or borrow your profile - any additional user must register separately. The only exception to this is that you may share a profile with your partner, boyfriend or civil partner.
3.3 You may not impersonate any other person in any profile whether or not that other person is a user of the Site.
4. Use and Abuse of the Site
4.1 You must be 18 or over to use the logged-in area of the Site without exception.
4.2 Any information published on the Site by you will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content.
4.3 You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content or any content which breaches the terms of our media policy. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the site and terminating your membership and/or subscription.
4.4 We also reserve the right at our discretion to remove any content from the site, terminate your membership and/or subscription and restrict your access to our services at any time for any reason.
4.5 We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
4.6 In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site either for a defined period of time or permanently.
4.7 If you come across any offensive, inaccurate or damaging material on the Site or if you are subject to any form of abuse or harassment we ask that you contact the Site administrator immediately to report the abuse at firstname.lastname@example.org.
4.8 When you register we will take only your first name and certain other personal information. If we are legally required to provide your details to any person (for instance the police) then you agree to inform us of your full name on request and if you fail to do so you will be liable for any costs associated with verifying your identity.
4.9 You agree not to upload any files or post or publish any on the Site that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer.
5. Advertising and Commercial Use
5.1 Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
5.2 You are not entitled to resell or commercially exploit the Site’s contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
5.3 In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of the Privacy and Electronic Communications Regulations 2003 having taken their address from our Site then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.
6. Disputes and Harassment
6.1 You will be responsible for communications with other users. If a dispute arises between users of the Site then we reserve the right to adjudicate such dispute and take such action as we consider necessary. Please note that we are under no obligation to adjudicate any such dispute. Please also note that we do not screen users or subscribers.
7. Off-Line Contacts and Safety
7.1 If you arrange to meet another user of this Site then you must ensure that you take adequate safety precautions. Please see our safety policy. We also advise that you consider very carefully whether and when it is appropriate to supply personal contact information such as your address details to other users.
7.2 This Site is unable to take any steps to protect you if if you decide to meet another user of the Site. As such we will not be responsible for any property damage, theft, injury, assault, rape or sexual assault or any other losses or damage you may suffer as a result.
8. Our Liability
8.1 We will operate the Site with the reasonable skill and care of an online service provider. Services provided do not extend to detailed monitoring or supervision of content, membership or contacts and communications between users of the Site.
8.2 From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms. Our liability to you for breach of contract will be strictly limited to the subscription price actually paid by you to us.
8.3 We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise. We will not be liable if content you have posted and stored on the Site is lost, corrupted or damaged.
8.4 Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
9. Cancellation and Termination
9.1 On receipt of an email by you to us cancelling your membership then we will delete your member profile, terminate your membership and delete any content on the site. Please note that content may continue to be accessible in search engine caches or on other sites and we cannot agree to delete such content.
9.2 We reserve the right to terminate your membership immediately without notice if in our opinion you have breached these terms and your member profile and any content on the site will be deleted.
9.3 Any subscription charges we have taken in advance will not be refundable.
9.4 Your subscription will not be refundable in the event that we terminate your subscription or membership for any reason. You must not seek to re-register if your subscription of membership is terminated for any reason.
9.5 You are entitled to a 7 day cooling-off period after paying your subscription during which you may cancel the subscription and receive a full refund. However if you use the services within this period you will waive your right to the cooling-off period.
9.6 All of the information contained in your profile will be lost for good once your membership has been terminated (for whatever reason) and we will not be liable to you for any loss of information.
10. Data Protection Policy
10.1 We request that all information included in your member profile is accurate, current and complete.
10.2 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
10.3 Any information and content posted onto the Site including sensitive and personal information is publicly available and by posting any such content you are expressly consenting to its public display.
10.4 You agree that we may use the personal information supplied by you in order to carry out our responsibilities as set out in these terms including: · sending notices, enewsletters and marketing emails to you; · sending any communications to you from the Site or eFXnet Services Ltd; · contacting you if we are asked to do so by another user or member of the public; · processing subscription payments from you; · sharing your first name and email address with other interested parties unless you request otherwise.
11. Other Sites
11.1 The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.
12. Intellectual Property
12.1 The format and content of this Site is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.
12.2 By displaying content on this site you expressly grant a licence to us to display the content and to use it for any of our other business purposes.
12.3 We do not screen content or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
12.4 If you believe that any content on the Site contains a defamatory statement, is offensive or is in breach of intellectual property or other rights, please notify us immediately at email@example.com and we will make all reasonable endeavours to remove the relevant content within a reasonable time. If content posted by you is removed you must not re-post the content.
12.5 This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
13.1 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
13.2 If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
13.3 We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
13.4 We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.
Commercial Terms and Conditions
Commercial membership Terms and Conditions are applicable to any business or sole trader which registers a commercial membership with the Mothership Gay Dating site. Registering of a commercial membership requires your acceptance of all Terms and Conditions. eFXnet Services Ltd, the operator of Mothership Gay Dating, reserve the right to amend these Terms and Conditions. Any such amendments will be communicated to you via the News section of the Mothership Dashboard within the Mothership site.
1. Commercial Service
1.1 The commercial service provides the full benefits offered to non commercial Club Class members of the site.
1.2 The commercial service provides an optional profile listing available externally of the Mothership site which is fully accessible to members and non-members of the Mothership site.
1.3 The commercial service provides the member with the option to display both an email, telephone number and commercial name/title on the members Mothership profile.
2 Commercial Subscriptions
2.1 We offer three subscription tiers for commercial members based on membership periods of 6 months, 12 months or 24 months. Our charges may be varied from time to time
3.1 Commercial communications, whether as direct messaging to an inbox, 121 chats, postings to the Gay Forums, postings or emails to Gay Tribes or by any other means with other members should not be initiated by yourself. Such actions will be deemed as spamming.
4.1 By registering a commercial membership with the Mothership site you agree to indemnify us against claims (inclusive of legal fees) which may arise from the use of your commerical membership without limitation from any violations of the law or third party.
All commercial members are required to agree to both the commercial Terms and Conditions and non-commercial Terms and Conditions.
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