1.1. By using, registering (including by way of a promotional code and/or as a Sky Subscriber and/or by Prepaid Card) on the Site you agree to these Terms and Conditions. Where these Terms and Conditions require you to do something you will, by using or registering on the Site, agree to do it; and where they require you not to do something you will, by using or registering, agree not to do it.
1.2. If you register and your payment (or, if applicable, your Prepaid Card Code) is accepted on the Site, we will provide the Site, and the services available through it, to you on a Subscriber or PPV Viewer basis for your own personal use and as described in these Terms and Conditions. These services include allowing you to access and view adult entertainment content on the Site.
1.3. You are responsible for maintaining the security of your username and password and for any activity which occurs on or through your Membership on the Site (whether authorized or not).
1.4. You warrant and represent that you will:
1.4.1. not allow anyone else to use your Membership on the Site or to pretend to be you in using the Site;
1.4.2. not disclose to any other person your username or password or any other information that may allow them to gain access to your Membership of the Site;
1.4.3. change your password immediately if you believe that your login information may have been used by someone other than yourself.
1.5. We will not be liable for your failure to comply with these obligations.
1.6. After you register on the Site we will send you an email to confirm your user ID and password you entered on registration and to confirm payment (if applicable) has been received and that your membership has been accepted ("Membership"). The username and password will allow you to activate your Membership. You will not receive any services through the Site until you have activated your Membership using that username and password.
2.1. By registering on the Site and creating a Membership you agree to pay us the amount specified in our pricing schedule shown on the Site (unless using a Prepaid Card). The amount you agree to pay will depend on whether you choose to be a Subscriber (and what subscription package you choose) or a PPV Viewer:
Subscriber: As a Subscriber, you shall be entitled to access all the services through the Site in accordance with these Terms and Conditions for as long as you have paid the relevant reoccurring subscription fees indicated on this Site. Payments for Subscribers shall be paid by the Subscriber to us when you register on the Site and create a Membership for a specific subscription package. Your subscription Membership shall automatically renew for the same subscription period unless you give us at least 30 days' notice, prior to the date your subscription period is due to renew, that you do not wish your Membership to renew. To subscribe to the service you must first be registered with us and create a Membership.
PPV Viewer: As a PPV Viewer, your Membership shall entitle you to access the Site on a "Pay Per Night" basis for a 24 hour period commencing at the time that your payment has been received by us and you have activated your user name and password which shall allow you access to the services on the Site.
2.2. Our pricing schedule, and details of the Subscriber and PPV Viewer categories available through the Site, can be found here. Unless otherwise indicated, all prices are stated in pound sterling and are inclusive of VAT. We reserve the right, acting reasonably, to adjust our pricing schedule in relation to access to this Site on a quarterly basis, in order to reflect any fluctuations to any relevant foreign currency exchange rate.
2.3. Payment will be made online and may be made by any major credit (except American Express) or debit card.
3.1. We may change these Terms and Conditions, from time to time, to comply with the law and any codes of practice or to improve the Site or the goods or services available through it. We will notify you of any changes by making an announcement on the Site or by sending you an email.
3.2. Except for changes to our pricing schedule, or which otherwise may affect any payments due from you to us, any changes to these Terms and Conditions will apply from the time they are announced. Any changes to our pricing schedule, or which otherwise may affect any payments due from you to us (save for those in connection with fluctuations any relevant foreign currency exchange rates noted above), will take effect one (1) calendar month after they are announced.
3.3. If you do not wish to accept any changes to these Terms and Conditions or pricing schedule you shall stop using the Site and may ask us to terminate your Membership in accordance with the terms listed below.
4.1. This Site and the services are provided on an "as is" and "as available" basis. We make no promise that you will be able to access the Site or that it, or the services available through it, will meet your requirements. We also make no promise that the Site or the services you receive through the Site will be fault free, uninterrupted, timely, secure or available when you want it or them.
4.2. We may occasionally restrict your access to the Site, or particular services, to make repairs, to maintain the Site or to introduce new facilities or services to the Site.
6.4. By registering on the Site you will be confirming that the details you provide are correct and complete. You will also be confirming that either you are the registered owner of the credit or debit card, the details of which you provide, or that you have the permission of its registered owner to provide those details in registering on the Site. We reserve the right to cancel your Membership if this confirmation is untrue.
6.5. You must inform us of any change to any details you provide immediately by emailing us at firstname.lastname@example.org.
7.1. We may have or may in future add functionality whereby you may send us pictures and film clips for inclusion on the Site. You shall only be able to do so with a valid Membership to the Site. By doing so, you will allow us to:
7.1.1. include them on the Site, but you agree that we are not required to do so;
7.1.2. edit them before or after including them on the Site; and
7.1.3. make them available to other people, including users of the Site and internet search engines, worldwide.
7.2. By sending us those pictures and film clips you will also be confirming that:
7.2.1. you created, and did not copy, them or any of their content (including any soundtrack);
7.2.2. by providing them to us, and by our including them on the Site, neither you nor we will infringe any person's copyright or other rights, of whatever nature, including other intellectual property rights; and
7.2.3. all individuals appearing in them are at least 18 years of age.
7.3. You must not send us any picture or film which, or any part of which (including any soundtrack), depicts or promotes any unlawful activity; is offensive, abusive, objectionable or unlawful; or which includes any harassing, defamatory, abusive, threatening, harmful, obscene, profane, or racist material, or any advertising.
7.4. We may, but do not have to, monitor the pictures and film clips you send us from the Site, and may remove them at our discretion.
7.5. Details of how to send us pictures and film clips can be found by emailing us at email@example.com.
8.1. The Site may or at some time in the future contain chat rooms, message boards and comment boards ("Forums") to which you may contribute after you have registered on it. When you enter any Forum, and each time you make any contribution to any of them (including of any graphics), you confirm that your contributions will:
8.1.1. be civil and not disruptive, offensive, abusive, objectionable or unlawful;
8.1.2. not be derogatory to us, our Site or our content;
8.1.3. not include harassing, defamatory, abusive, threatening, harmful, obscene, profane, or racist material;
8.1.4. not depict or promote any unlawful activity;
8.1.5. not include advertising; and
8.1.6. not impersonate any person.
8.2. We reserve the sole right to determine what is considered any of the above.
8.3. You agree to take full legal responsibility and liability for your contributions.
8.4. We advise you not to reveal any personal information about yourself or anyone else (including any telephone number, address or email address) in any Forum, or to meet alone any person with whom you make contact through any chat room.
8.5. We may, but do not have to, monitor contributions to Forums on the Site and remove and/or edit them as and when we choose. By making any contribution to any Forum you agree that we may do this and that we may forward your contributions, and details about you, to any law enforcement authority.
8.6. We reserve the right to terminate your Membership of the Site if you do not comply with any of these requirements concerning Forums on the Site.
8.7. You understand that the views expressed in the Forums on the Site are not our views and we are not responsible for such views.
9.1. If you are a Subscriber and wish to terminate your Membership, then you may inform us that you wish to terminate your Membership by emailing us at firstname.lastname@example.org least 30 days prior to the end of your subscription period and such termination will take effect at the end of such subscription period. If you wish to terminate your Membership any earlier, you shall not be entitled to any refund of your Membership fee for the subscription period that you signed up to. After termination, you will no longer be obliged to pay any further subscription fee, and you shall no longer be able to access any content on the Site other than the promotional freeview content.
9.2. The Subscriber's right to cancel their Membership pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") can be lost in certain circumstances depending on the date the Subscriber first receives services through the Site after activating their Membership. If the Subscriber receives these Terms and Conditions in a durable format (including by post, email or fax) either prior to or on the same day the Subscriber first receives services through the Site after activating their Membership, the Subscriber will lose his/her right to cancel pursuant to the Regulations. If, on the other hand, the Subscriber receives these Terms and Conditions in a durable format (including by post, email or fax) after the day the Subscriber first receives services through the Site after activating their Membership, the Subscriber will have the right to cancel your Membership pursuant to the Regulations for a period of seven working days beginning on the day following receipt of these Terms and Conditions in a durable format (including by post, email or fax).
9.3. If you are a PPV Viewer, at the end of any relevant 24 hour period of Pay Per View access to the Site that you have paid for in accordance with these Terms and Conditions, your Membership will automatically expire without obligation to renew for further periods.
9.4. If you have subscribed as a trial member, you agree that if you do not inform us that you wish to terminate your trial subscription then your trial subscription shall automatically, and without further notice to you, be converted to a standard monthly subscription following the expiry of your trial period and you will be charged the standard monthly subscription fee. Your monthly subscription to the Site shall thereafter continue unless and until cancelled by us or by you as a Subscriber , by emailing us at email@example.com , pursuant to these Terms and Conditions.
10.1. When you use or register on the Site, and each time you enter the Site, you will confirm that on the day you are first granted access to the Site, you are at least eighteen (18) years of age.
10.2. We reserve the right to cancel your Membership, and/or bar your access to the Site if we reasonably believe that such confirmation is untrue or if you breach any of these Terms and Conditions.
11.1. We will not provide you with computer or other necessary equipment to access the Site. To use the Site you will require Internet connectivity and appropriate computer equipment and telecommunications links.
11.2. You alone are responsible for ensuring that you do not injure yourself by excessive use of computer or other equipment in using the Site and that you are able to afford to use the Site, and purchase goods through the Site, to the extent that you do so.
11.3. We will not pay for any telephone or other costs that you may incur in accessing or using the Site. If you will not be paying the telephone costs of accessing the Site, please ask for the permission of the person who will before you access it.
12.1. You may not use the Site for any of the following purposes:
12.1.1. Sending or sharing any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material;
12.1.2. Sending or sharing any material that encourages criminal activity or which causes any person to breach any law, regulation or code of practice;
12.1.3. Gaining unauthorised access to any computer system;
12.1.4. Interfering with any other person's use or enjoyment of the Site;
12.1.5. Breaching any laws concerning the use of public telecommunications networks;
12.1.6. Interfering or disrupting, damaging or harming this Site or the services or any network or system underlying or connected to them, or web sites, including, without limitation, by using a robot, spider, scraper, or other automated means to access this Site or feature on it for any purpose;
12.1.7. Create any links from external websites to the Site except with our prior express written permission;
12.1.8. Making, transmitting or storing electronic copies of the materials protected by copyright without our permission; and
12.1.9. Any business purpose.
13.1. We, or people we have contracted with, own or are permitted to use all proprietary and intellectual property rights, copyright, database rights or other rights and information within the Site (including without limitation text, images, graphics, layout and look and feel). You may use content obtained from the Site on a temporary basis for your personal use and reference. You will not make any hard copies of any of content obtained from the Site and, except where you are using a feature of the Site, such as "e-mail a friend", you must not copy, reproduce or send to or share with any other person, any part of this Site unless we have already agreed in writing.
13.2. All rights not expressly granted in these Terms and Conditions are reserved to us.
13.3. All trade marks on this Site are registered or unregistered trade marks of ours and are the property of their respective owners. You agree that nothing contained in this Site grants you any licence or right to use any such trade mark.
14.1. The Site is provided by us without any warranties or guarantees. To the maximum extent permitted by law, we disclaim and exclude all implied conditions or warranties, including without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property. No information obtained by you from us shall create any implied warranty. You must bear the risks associated with using the Internet.
14.2. The Site includes content from other Internet sites or resources. We will not be responsible if any of this is incorrect, incomplete or not reputable; you alone must bear the risks of relying on that content. We will not be responsible for any technical problems you may experience with the Site, any lack of performance or the unavailability or failure of the Site or the services or for any failure by us to comply with these Terms and Conditions where the same arises from any cause beyond our control. If we are informed of any errors in the contents on the Site we will try to correct them as soon as we reasonably can.
14.3. Links and references to external websites not owned or operated by us are provided to you as a convenience only. We have not reviewed, and do not endorse or assume any responsibility for, any other such website including, without limitation, material posted on them or goods or services offered on those websites.
14.4. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of us to you or any other person under or in connection with these Terms and Conditions, or in connection with this Site, the services, or your use of or inability to use, this Site or the services, is excluded regardless of whether such liability arises in contract, tort (including, without limitation, negligence) equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, any loss of income, profits or data in connection with your use of the Site, general and special damages, and consequential and incidental loss.
14.5. In addition, we will not be liable for any losses or expenses you suffer in connection with any:
14.5.1. Incompatibility of the Site with any computer equipment, software or telecommunications links; or
14.5.2. Technical problems, including errors or interruptions of the Site.
14.5.3. Nothing in these Terms and Conditions limits our liability for personal injury or death caused by negligence or for fraud.
15.1. You agree to release, indemnify and keep indemnified us from and against all losses, claims, costs (including without limitation legal costs and expenses) arising out of or in connection with:
15.1.1. your use of the Site or the services including, but not ltd to, any claim by anyone that your use is, or has been, defamatory, offensive or abusive or of an obscene nature, or that it is or has been illegal or a breach of any law, regulation or code of practice;
15.1.2. any claim by any third party that your use of the Site infringes, or has infringed, any person's copyright or other rights, of whatever nature, including other intellectual property rights; and
15.1.3. your failure to comply with these Terms and Conditions.
15.2. The above will not apply to any loss or expense arising only out of our provision of the Site or the services available through it.
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes of practice. We are not responsible for any error or inaccuracy in that advertising or sponsorship.
17.1. The terms in this Clause 17 will apply to you if you have purchased or are using a Prepaid Card to register on the Site and create a Membership.
17.2. The Prepaid Card is redeemable only on the Site and only to persons 18 years or older.
17.3. To redeem the Prepaid Card you must first register on the Site with the code printed on the Prepaid Card ("Code").
17.4. The time period of access to the Site specified on the Prepaid Card begins when the Code is activated. Your access to the Site via the Code will expire after the time specified on the Prepaid Card.
17.5. The Prepaid Card cannot be redeemed for cash, exchanged, returned for cash refund, used to purchase any other goods or services, resold or transferred.
17.6. You are responsible for the Prepaid Card after purchase and we are not responsible for any loss or damage resulting from lost or stolen cards or use without your knowledge or permission.
17.7. We reserve the right to stop your access to the Site and request alternative forms of payment if a Prepaid Card is fraudulently obtained or used on the Site.
17.8. Prepaid Cards are issued by Portland Broadcasting Ltd.
17.9. We reserve the right to change any of these terms relating to Prepaid Cards from time to time. Any new or revised terms will be communicated to you. In the event that you refuse to accept the revised terms, you will not be able to access the Site using the Prepaid Card and we will have the right to suspend or terminate the Agreement with you and prevent you from accessing the Site.
18.1. These Terms and Conditions are governed by, and should be understood according to, English law. You agree that if you and we have any dispute concerning these Terms and Conditions, the Site or your use of the Site, which you or we take to court, you and we will only take the dispute to the courts of England and Wales and that those courts may decide it.
18.2. You hereby confirm that you have entered this Site on your own initiative and are responsible for compliance with local laws in connection with such access.
18.3.This site is regulated by Ofcom. Ofcom regulates the editorial content of on-demand programme services and may be contacted as follows:
Ofcom Riverside House
2a Southwark Bridge Road
London SE1 9HA
19.1. You cannot give any other person any of your rights under these Terms and Conditions and nobody except you or us can enforce any of these Terms and Conditions.
19.2. If a court decides that any of these Terms and Conditions is invalid, that decision will not affect the rest of these Terms and Conditions.
19.3. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our control.
19.4. Where these Terms and Conditions use the words "include" or "including", those words will be understood to mean "include without limitation" and "including without limitation", respectively.
19.5. If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not constitute a waiver of those rights. These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements, representations whatsoever whether oral or written, and constitutes the entire agreement between the parties relating to the subject