Terms of use
Welcome to Heavy Metal Dating Limited, a service for adults to meet each
other on the internet (the "Service"). Please read these terms, conditions
carefully, and ensure that you understand them. Once you have completed your
online registration procedure, your membership has been activated; you will
have entered into a legally binding contract for the provision of this
Service.
How do these terms and conditions apply to me?
These terms and conditions ("Terms") apply to all and any use of
http://www.heavymetaldating.com ("the Site"), including but not limited to
the purchase of any services or products and all and any emails, messages or
any other communications made to or through the Site.
The Site is operated by Heavy Metal Dating Limited, a company registered
under the laws of England and Wales, whose company number is 08231616 and
whose registered office is Unit 81, New Road, Bampton, Oxford, OX18 2NP
("us", "we", "HMD™").
Who can access the Site and how?
Access to the Services and the Site is permitted on a temporary basis
subject to these terms and conditions. We reserve the right to withdraw or
amend the Service on the Site without notice.
You are responsible for all and any actions carried out by you when using
the Site and the Service. You are also responsible for ensuring that all
persons who access the Site through your internet connection are aware of
these Terms and that they comply with them.
The Service is for the personal use of individual members only and may not
be used in connection with any commercial endeavours. Organisations,
companies, and/or businesses may not become members and should not use the
Service. Your registration for use of the Service is personal to you and you
cannot transfer or sub-licence the right to use the Service.
How old do you have to be to use the Site?
You must be eighteen (18) or over to register as a member of the Service or
use the Site. By using the Site, you represent and warrant that you have the
right, authority and capacity to enter into an agreement into and to abide
by these Terms.
How is my personal Information stored?
We process information about you in accordance with our privacy policy. By
using the Site, you consent to such processing and you warrant that all data
provided by you is correct.
How do I register and what do I get?
Although you may register as a member of the Service for free, if you wish
to communicate with other members and use certain other parts of the
Service, you must become a subscriber and pay the fees that are set out in
the price list located within the Site. This price list is part of your
contract with us. We may change the subscription fees for the Service at any
time but we will give you reasonable notice of this before we do so. If you
are unhappy with any subscription fee changes you may terminate your
membership.
If you decide to use your Facebook account to register with the Service it
is your sole responsibility to keep your Facebook account details private at
all times. HMD™ does not accept any liability for issues with Facebook's
service, including any interruptions or faults. You may use your Service
membership ID and password to log in if Facebook is unavailable.
For your convenience, we operate a repeat billing policy which means that
when your current membership period expires, your membership will
automatically be renewed on the last day of the subscription term. These
repeat at the full price for the same subscription term that you originally
purchased, e.g. every one, three, six or twelve months. If our prices
change, your renewal costs are fixed at your original signup price, meaning
you continue to benefit at that rate for the duration of your subscription.
Rebilling will occur only when your current payment period expires and not
before.
Are there any special offers?
We may from time to time run special offers or promotions, these may be sent
by email, posted on the website or through social media. If you qualify for
any special offer or promotion then the value of any special offer or
promotion will be deducted from the cost of membership for the initial
subscription period. Offer codes can only be used when paying online with a
credit or debit card. When such offer or promotion expires, any subsequent
automatic payments will be performed at the standard rate for the
appropriate term.
If you do not want to continue to use the site you can cancel the automatic
billing any time before the payment collection date, allowing at least 72
hours for any administrative processing to occur. In any event we will not
provide a refund for any unused amounts of membership fees paid.
Login Details
You agree to keep your username and password ("Login") confidential at all
times, shall take reasonable steps to prevent others from obtaining your
Login and shall inform us if at any point you consider that your Login has
been compromised and/or is being misused by someone else and shall take such
action as is required and/or is requested by us to prevent such misuse. We
have the right to disable any Login, whether chosen by you or allocated by
us, at any time, if in our opinion you have failed to comply with the
provisions of these Terms.
You are responsible for all fees relating to activities conducted using your
Login up till the time that you notify us of unauthorised use of your Login.
In the event of any claim that your payment card has been used without your
permission or any other fraudulent use of payment cards, we will assist the
bank and police authorities with any investigations including providing them
with all the details used to register associated profiles, card
authentication and any communications through or related to the site either
with HMD™ or other members. False fraudulent use claims, however may result
you being added to a card blacklist which will affect your future card
purchases. Denying a purchase that you have made is illegal and may result
in legal action toward you, which can lead to prosecution, fines and
impairment of your credit rating.
How long does the contract with HMD™ remain in place?
These terms will remain in force and effect while you are a member of the
Service. Under the Consumer Protection (Distance Selling) Regulations 2000,
if you are defined as a consumer and are resident within the EU, you may
cancel your order for the services within an initial seven day cooling off
period. However, in accordance with those regulations, if you choose to use
any of the full membership facilities on the site during the seven day
cooling off period then you are electing to commence the Service immediately
and will no longer have a right to terminate your contract during this
period and receive any refund. Within 30 days of your notice we will provide
you with a refund.
You may, at any other time and if you have elected to use the service within
the seven day cooling off period, terminate your Subscription with us by
requesting a cancellation of the Service by emailing us through the website.
This must be done before your renewal date in order to ensure the automated
re-billing process is stopped. A request for termination under this clause
does not give rise to any refund.
What happens if I breach my contract?
We may immediately terminate your membership and your access to the Service
because you have breached the Terms and will send you notice of termination
at the email address you provide in your application for membership or such
other email address as you may later provide to us. If we terminate your
membership to the Service because you have breached these terms we will
refund any pre-payments made by you less any reasonable costs and losses we
have incurred. We can terminate this contract at any time by giving you
reasonable advance written notice.
In the event that a claim or action is brought against us from your
activities or use of the Site or the Service, including any breach by you of
these Terms or any charges or complaints made by other parties against you,
you agree to pay, hold harmless and defend us in the claim or action. You
also agree to cooperate as fully as reasonably required in the defence of
any claim and allow us to assume the exclusive defence and control of the
matter at our discretion.
Intellectual Property Rights in the Site and technical use of the Service
All copyright, design rights, database right, patents, and any rights to
inventions, know-how, trade and business names, trade secrets and trade
marks (whether registered or unregistered) and any applications therefore
("Intellectual Property Rights") in the Site belong to and vest in HMD™, or
are licensed to HMD™ unless otherwise specified. All such rights of HMD™ are
hereby asserted and reserved.
By way of example and without limitation, you shall not:
• use any or all of the Site or the
information contained therein for any purpose other than the permitted use
set out above or hack, attempt to hack, distribute, modify, transmit,
re-use, or re-post the same for any reason;
• make any public or commercial use of
the Site without HMD™’s prior written consent;
• provide hypertext links, URL Links, graphic
links, hyperlinks or other direct connection to the Site for profit or gain
or to avoid payment (by you or others) without HMD™ prior written
permission;
• display, publish, copy, print, post, modify
or otherwise use the Site and the information contained therein for the
benefit of any third party or web site without HMD™’s prior written consent;
• process or otherwise use the information
contained on or within the Site for any illegal or immoral purpose nor use
or process the same unfairly.
• You must not remove or obscure any
copyright notices and other proprietary notices contained on the Site.
How can the Service be used and Content Posted on the Site?
Illegal and/or unauthorised uses of the Web site, including collecting
usernames and/or email addresses of members by electronic or other means for
the purpose of sending unsolicited email and unauthorized framing of or
linking to the Site will be investigated, and appropriate legal action will
be taken at our sole discretion, including without limitation, civil,
criminal, and injunctive redress.
We are entitled but not obliged to review and delete any content, messages,
photos, video profiles and profiles (collectively, "Content") that in our
sole judgment violate these Terms or which might be offensive, illegal, or
that might violate the rights, harm, or threaten the safety of other
members.
You are solely responsible for the Content that you upload, create, send,
publish or display (hereinafter, "post") on the Site, or transmit to other
members.
We will not be responsible, or liable to any third party, for the content or
accuracy of the Content posted by you on the Site. We reserve the right to
disclose your identity to any third party who claims that any Content posted
by you on the Site constitutes a violation of their Intellectual Property
Rights, or of their right to privacy. By posting Content to any public area
of the Site, you automatically grant, and you represent and warrant that you
have the right to grant, to us an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, disclose and
distribute such information and content and to prepare derivative works of,
or incorporate into other works, such information and content, and to grant
and authorize sublicenses of the foregoing for all purpose connected to
operating and promoting the Site and the Service.
We are entitled to investigate and revoke a person's membership if a member
has misused the Service or the Site, or behaved in a way which could be
regarded as inappropriate or whose conduct is unlawful or illegal or
prohibited by these Terms. You warrant that you shall not post any Content
to the Site that (by way of example and without limitation, although
specific exclusions may apply in relation to the Site in question):
• infringes upon the Intellectual
Property Rights of, or breaches any duty of confidence to, any third party;
• is technically harmful such as computer
viruses, trojans, worms, logic bombs or other malicious software or harmful
data;
• reveals the identity or any personal details
of any other user of the Service without that users permission;
• expresses or implies that any statements you
make are made or endorsed by us;
• is patently offensive to the online
community, such as Content that promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual;
• harasses or advocates harassment of another
person;
• involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or "spamming";
• promotes information that you know is false,
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
• promotes an illegal or unauthorised copy of
another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or
links to pirated music files;
• contains restricted or password only access
pages, or hidden pages or images (those not linked to or from another
accessible page);
• provides material that exploits people under
the age of 18 in a sexual or violent manner, or solicits personal
information from anyone under 18;
• provides instructional information about
illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
• solicits passwords or personally identifying
information for commercial or unlawful purposes from other users; and
• engages in commercial activities and/or
sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
You must use the Service in a manner consistent with any and all applicable
laws and regulations.
You must not attempt to gain unauthorised access to the Site, the server on
which the Site is stored or any server, computer or database connected to
the Site. You must not attack the Site via a denial-of-service attack or a
distributed denial-of service attack. By breaching this provision, you would
commit a criminal offence under the Computer Misuse Act 1990. We will report
any such breach to the relevant law enforcement authorities and we will
co-operate with those authorities by disclosing your identity to them. In
the event of such a breach, your right to use the Site will cease
immediately.
What HMD™ will not be liable for…
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material
that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of our site or to your downloading of
any material posted on it, or on any website linked to it.
Your use of this service is entirely at your own risk. You should exercise
at least some degree of caution in evaluating what you see when involved in
internet communication with people who are unknown to you (such as when you
are using message services) and be aware that people may not necessarily be
who they say they are and that people may provide information or behave in a
way that is unreliable, misleading or illegal. By using this service you
accept that any member profiles, messages and communication may not be
genuine. That caution is particularly relevant if you are asked your
surname, place of work, address or telephone number or if you are asked to
arrange a meeting.
To the maximum extent permitted by law, HMD™ excludes liability for any loss
or damage of any kind howsoever arising, including without limitation any
direct, indirect, punitive or consequential loss whether or not such arises
out of any problem you notify to HMD™ and HMD™ shall have no liability to
pay any money by way of compensation, including without limitation all
liability in relation to:
• any incorrect or inaccurate information on
the Site and all interruptions to or delays in updating the Service;
• the infringement by any person of any
Intellectual Property Rights of any third party caused by their use of the
Site;
• any amount or kind of loss or damage due to
viruses or other malicious software that may infect a user's computer
equipment, software, data or other property caused by persons accessing,
using or downloading the Site, or from transmissions via emails or
attachments received from Global Personals or its licensees
• all representations, warranties, conditions
and other terms which but for this notice would have effect whether caused
by tort (including negligence), breach of contract or otherwise, even if
foreseeable.
These terms above shall not limit any rights you might have as a consumer
that may not be excluded under applicable law nor shall it exclude or limit
HMD™’s liability for death or personal injury resulting from its negligence
nor any fraudulent representation.
When using the Services and the Site you must not….
You may not include in your member profile (or transmit in any non-paying
membership) any personal contact information, such as telephone numbers,
street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other members to
buy or sell any products or services through the Service. You may not
transmit any chain letters or junk email to other members. Although we
cannot monitor the conduct of our members off the Web site, it is also a
violation of these rules to use any information obtained from the Service in
order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any member without their prior explicit
consent. In order to protect our members from such advertising or
solicitation, we reserve the right to restrict the number of communications
that a member may send to other members in any 24-hour period to a number
which we deem appropriate in our reasonable discretion.
You agree to indemnify us and keep us indemnified against any costs, losses
or expenses incurred or suffered by us as a result of any breach by you of
any of your obligations or warranties under these Terms.
The Service contains information that is proprietary to our partners, our
members and us. You may not modify, post, distribute or reproduce in any way
any copyrighted material, trademarks or other proprietary information
without having first received the express written permission of the owner of
such information
What happens if a member disputes arises?
You are solely responsible for your interactions with our other members. We
reserve the right, but have no obligation, to monitor disputes between you
and other members.
In the event that you have any claim or action against any other member
arising from that member's use of our Site or the Service, you agree to
pursue such claim or action independently of and without any demands from
us, and you release us from all claims, liability and damages, arising from
or in any way connected to the claim or action.
What are HMD™’s Responsibilities?
We will operate the Site for the Service with the reasonable skill and care
of an online service provider.
We will do our best to maintain the operation of the Site for the Service,
however, we may need to temporarily suspend the service for operational
reasons (e.g. for repairs, planned maintenance or upgrades). We promise to
restore the service as soon as reasonably possible after any suspension.
We reserve the right to make changes to the Service from time to time
provided that they do not have a material adverse effect on the quality of
the Service.
If we cannot do what we have promised in these Terms because of something
beyond our reasonable control (including, without limitation, disputes
involving our employees), we will not be liable for this.
What are the Disclaimers?
The Web site and the Service are provided on an "as-is" basis. We cannot
guarantee and do not promise any specific results from use of the Site
and/or the Service. We make no warranties / guarantees or representations as
to the quality or fitness for a particular purpose of the Service except
that we will operate the Site for the Service with reasonable skill and care
of an online service provider.
All other conditions, warranties and other terms which might otherwise be
implied by statute, common law or the law of equity are hereby excluded.
We do not represent or endorse the accuracy or reliability of any advice,
opinion, statement or other information displayed, uploaded or distributed
through the Service by us, our partners or any member or any other person or
entity. You acknowledge that any reliance upon such opinion, member profile,
advice, statement or information is at your own risk. We are not responsible
for the conduct, whether online or offline of our members. Please use
caution and common sense when using the Site and the Service.
Third party web sites with links from the Site have not been verified or
reviewed by HMD™ and use and access of such third party websites is made at
your own risk.
Can these Terms be modified?
We may alter or amend our terms and conditions upon giving reasonable notice
in advance of such amendment taking effect. If upon receiving any notice, if
you do not wish to continue with the Service, you may terminate the contract
upon giving us notice, such notice to take effect upon the earlier of our
receipt of your notice or the date upon which the amended terms and
conditions would otherwise have taken effect. You will be deemed to have
accepted any alteration and/or amendment if you continue to use the Service
after the relevant period of notice has expired.
What happens if a disagreement arises with HMD™?
We will try to solve any disagreements quickly and efficiently. If you are
not happy with the way we deal with any disagreement and you want to take
court proceedings, English law governs this contract and you must do so
within the courts of England and Wales.
General bits and pieces…
If HMD™ does not enforce any provision of these Terms such will not be
considered a waiver of any provision or right.
In the event that any part of these Terms is held to be unenforceable, such
part will at HMDs option be construed as far as possible to reflect the
parties' intentions and the remainder of the provisions will remain in full
force and effect.
These Terms, the Privacy Policy and the price lists for subscriptions
contained on the Site constitute the entire agreement between you and HMDs
shall apply to the exclusion of all other terms or conditions of contract
which you may purport to propose.
It is hereby asserted that the Site and the Service is intended for and
directed at the UK and no representation or warranty is made as to whether
the Site or the Service complies with the regulatory regime and local laws
of any other countries.
The Site and the Service is operated by HMD™
