These Terms of Service, together with any and all other documents referred to herein, set out the terms under which you may use Our Platform to create, edit, and host Pages. Please read these Terms of Service carefully and ensure that you understand them. You will be required to read and accept these Terms of Service in order to use Our Platform and create, edit, and host a Page. If you do not agree to comply with and be bound by these Terms of Service, you will not be able to use Our Platform. These Terms of Service, as well as any and all Contracts are in the English language only.
- Definitions and Interpretation
In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:
"Account" means an account required to access and/or use certain areas of Our Site including Our Platform;
"Content" means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site (including, but not limited to, Our Platform);
"Contract" means a contract for the use Our Platform, as explained in Clause 6;
"Platform" means collectively the online facilities, tools, services, and information that We provide through Our Site for the creation, editing, and hosting of User Sites;
"Third Party Service Provider" means a third party providing a service that is offered to Users through Our Platform;
"User" means a user of Our Site;
"User Content" means any Content submitted by a User;
"User Site" means a website created by a User using Our Platform, which shall contain User Content and be hosted by Us; and
"We/Us/Our" means Stand Alone Media London Ltd , a company registered in England under 09528456, whose registered address is International House, 24 Holborn Viaduct, CITY OF LONDON, London EC1A 2BN, UK.
- Information About Us
Our Site, adultcms.co, is owned and operated by Stand Alone Media London Ltd , a limited company registered in England under 09528456, whose registered address is International House, 24 Holborn Viaduct, CITY OF LONDON, London EC1A 2BN, UK.
- Age Restrictions
Consumers may only use Our Platform and create User Sites if they are at least 18 years of age.
- Access and Changes to Our Platform
- Access to Our Platform and the creation, editing, and hosting of Pages requires an Account.
We may from time to time make changes to Our Platform:
- Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by Email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Platform or the availability of your Page(s);
- Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by Email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Platform or the availability of your Page(s); and
- We may OR will continue to develop and improve Our Platform over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
- We will always aim to ensure that Our Platform and your Page(s) are available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to availability.
- Our Intellectual Property Rights and Licence
- We grant you a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Platform to create, edit, and host Pages for personal and business purposes, subject to these Terms of Service.
- Subject to the licence granted to Us under sub-Clause 6.3, you retain the ownership of copyright and other intellectual property rights in your User Content (subject to any third-party rights in that User Content and the terms of any licence under which you use such Content).
- All other Content included in Our Platform (including all user-facing material, and all underlying material such as code, software, and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
By accepting these Terms of Service, you hereby undertake:
- Not to copy, download or otherwise attempt to acquire any part of Our Platform;
- Not to disassemble, decompile or otherwise reverse engineer Our Platform;
- Not to allow or facilitate any use of Our Platform that would constitute a breach of these Terms of Service; and
- Not to embed or otherwise distribute Our Platform on any website, ftp server or similar.
- Pages and User Content
- You agree that you will be solely responsible for any and all User Content that you upload to Our Platform and for any and all Pages that you create using Our Platform. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and/or Page and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 7.
- You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 7.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
- You (or your licensors, as appropriate) retain ownership of your User Content and Page(s) and all intellectual property rights subsisting therein (except to the extent that a Page incorporates Content belonging to Us (including, but not limited to, that forming part of Our Platform)). By creating or uploading User Content and/or Page, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the same for the purposes of operating and promoting Our Site and Platform and providing Our services.
- If you wish to remove User Content or Pages, you may do so by Email. Removing User Content and Pages also revokes the licence granted to Us to use the same under sub-Clause 7.3. You acknowledge, however, that caching or references to your User Content and/or Page(s) may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
- We may reject, reclassify, or remove any User Content and/or Pages created or uploaded using Our Platform where, in Our sole opinion, such User Content or User Sites violate Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content or Page(s) in question should be removed as a result.
- Acceptable Usage Policy
- You may only use Our Platform in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:
- You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
- You must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent;
- You must not use Our Platform or your Page(s) for unauthorised mass-communications, commonly referred to as "spam" or "junk mail";
- You must not use Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
- You must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way.
- The following types of User Content and/or Pages are not permitted on Our Platform and you must not create, submit, communicate, link to, or otherwise do anything that:
- is deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- We reserve the right to suspend or terminate your Account, the availability of your Page(s), and/or your access to Our Platform if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms of Service. Specifically, We may take one or more of the following actions:
- Suspend, whether temporarily or permanently, your Account and/or your right to access Our Platform.
- Remove any of your User Content and/or Page(s) (or any part thereof) which violates this Acceptable Usage Policy;
- Issue you with a written warning;
- Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- Take further legal action against you as appropriate;
- Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
- Any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms of Service.
- You may only use Our Platform in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:
- No part of Our Platform or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of our services.
- Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Platform will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- We make reasonable efforts to ensure that the content contained within Our Platform is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Platform (and the content therein) is complete, accurate or up-to-date.
- We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content or Pages created, uploaded, or hosted using Our Platform. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
- We are not responsible for any aspect of any services provided by Third Party Service Providers, nor do we endorse those services in any way.
- Your use of services provided by Third Party Service Providers shall be subject to the terms and conditions specific to those services. We will not be party to any contracts or agreements between you and Third-Party Service Providers, nor will we be responsible for such transactions in any way.
- Viruses, Malware and Security
- We exercise all reasonable skill and care to ensure that Our Platform is secure and free from viruses and other malware including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded. We do not, however, guarantee that Our Platform or any User Content or Pages are secure or free from viruses or other malware and accept no liability in respect of the same.
- You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Platform.
- You must not attempt to gain unauthorised access to any part of Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our Platform.
- You must not attach Our Platform by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Platform will cease immediately in the event of such a breach and, where applicable, your Account, User Content, and Page(s) will be suspended and/or deleted.
- Contacting Us
- If you wish to contact Us with general questions or complaints, you may contact Us by email at email@example.com, or by post at International House, 24 Holborn Viaduct, CITY OF LONDON, London EC1A 2BN, UK.
- For matters relating Our Platform or your Account, please contact Us by email at firstname.lastname@example.org, or by post at International House, 24 Holborn Viaduct, CITY OF LONDON, London EC1A 2BN, UK.
- Privacy and Cookies
- How We Use Your Personal Information (Data Protection)
- All personal information that We may collect (including, but not limited to, your name, and email address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- We may use your personal information to:
- Provide an Account and Our Platform to you; and
- Inform you of new features and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
- We will not pass on your personal information to any third parties without first obtaining your express permission or unless the law requires it.
- Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Service (and the Contract) will not be affected and Our obligations under these Terms of Service (and the Contract) will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms of Service (and under the Contract) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Service.
- If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements.
- Law and Jurisdiction
- These Terms of Service, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
- Any disputes concerning these Terms of Service, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.