Terms of service

Date of issuance: 31/08/2017

Welcome to our website!

The website www.thefetishblog.net (the “Website”) as well as any of the Fetish Blog applications (hereinafter collectively with the Website: the “Fetish Blog Service(s)” or the “Service(s)”) are owned and operated by the company TFB Group Sàrl, who can be reached at the email address support@thefetishblog.net (hereinafter: the “Company”, “us”, “we”). The Website as well as the Services may be accessed directly through the given address as well as through any other channel or addresses that would apply.

These Terms of Service (“Terms”) govern and specify any right and obligations linked to the access, use and browsing of the Website as well as of the Fetish Blog Services in general, and are organized around the following topics:

  1. Acceptance of the Terms 
  2. Description and Location of the Services
  3. Eligibility, Age Verification and Local Laws
  4. Purpose and Use of the Location Data
  5. Use of the Website, License, Proprietary Rights and Ownership
  6. User Content and Prohibited Content and Behaviours
  7. User Account
  8. Payments and Purchases
  9. Third-Party Websites, Products and Services; Advertising
  10. Termination
  11. Warranty Disclaimers
  12. Limitation of Liability and Damages
  13. Indemnification
  14. Severability and Waiver
  15. Assignment
  16. Entire Agreement
  17. Amendments
  18. Governing Law and Jurisdiction
  19. Contact us

1. Acceptance of the Terms

We invite you to read these Terms carefully and use them to make informed decisions.

By accessing or using the Website, or more generally any of the Fetish Blog Services, you expressly consent to the Terms, as well as to the Privacy Policy that is available at https://www.thefetishblog.net/privacy-policy.html («Privacy Policy») and any and all other policies or regulations adopted by the Company in relation to the Services, which are all fully incorporated to these Terms. Your acceptance of these Terms includes any future modification of them (including of the Privacy Policy as well as of any other policy), without limitation.

The Terms shall apply to any use or visit of the Website or of the Fetish Blog Services in general, whatever the method or medium used. By accessing, browsing or otherwise using the Website or the Fetish Blog Services in general, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with all applicable laws and regulations. If you do not agree to abide fully by these Terms, you must refrain from any access and/or use of the The Fetish Blog Services.

2. Description and Location of the Services

The Website, and the Services in general, aim to put into contact members of the “fetish community”, who wish to exchange online and chat on all fetish-linked topics. Each user may present him/herself through a personal profile on the Website and on applications linked to the Services, usually with the objective of getting in touch online with other users. The Services also include a geo-localization service, which enables each user to share his/her geographical position with other users, as well as to see the geographical position of such other users. 

The Company gives you the technical possibility to use the functionalities that are offered on the Website as well as in relation to the Services, and to publish personal information as well as to chat with other users. It is solely intended as a platform for members of the “fetish community” as well as any other interested person. The Company does not interfere in the exchanges and publications of the Services’ users, unless it has been notified of content and/or any use of the Services that would infringe the Terms. In any case, the Company is not responsible for your publications and use of the Services, nor for any relation you would have with other users or third-parties through or with the Services, including offline interactions. In no case are the Services intended, or may be used, for prostitution or similar activities that are provided against (financial or other types of) advantages.

The Company may offer additional services to the users, including against payment (cf. Article 8 of these Terms). The Terms shall always remain applicable, unless expressly specified otherwise in additional terms of use or policies adopted by the Company.

All of the Services, as well as all performances in relation to the Services, shall be considered as provided exclusively in Switzerland (Canton of Jura), which shall be the place of performance of any and all such Services and performances.

3. Eligibility, Age Verification and Local Laws

The Services are exclusively intended for users who have reached the age of majority in their legal country of residence as well as (if different) in the country from which they access the Services. Absolutely no part of the Services is directed to persons who have not reached such an age of majority, who cannot, directly or indirectly, view, possess or otherwise use the Services. Should you, or any other person with you, be under the age of majority, you must immediately cease accessing, browsing and/or making use of the Service, in conformity with the Terms.

By accessing or using the Services, you represent and warrant that you have reached the age of majority as mentioned above and that you have the right, authority and capacity to enter into, abide and perform all of the terms of these Terms. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Service.

You represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

It is your responsibility to make sure that your use of The Fetish Blog Services is permissible under the applicable laws and regulations where you make use of The Fetish Blog Services. This includes any and all use of the Services, including the Services themselves as well as any and all content exchanged on their basis (pictures, chat, etc.). If any applicable laws and regulations prohibit your use (or any part of it) of The Fetish Blog Services, you may not use our Services. This may include the need to uninstall the application used for the Services, as well as delete any browsing history and other elements linked to the Services (pictures, chat history, etc.) from the medium you use (phone, computer, etc.), in particular when traveling in foreign countries. You are solely responsible for assessing such a requirement. 

4. Purpose and Use of the Location Data

The elements of the Services that imply the gathering and use of geographic location data (i.e. all of the location-based Services, especially on the application) are solely and exclusively intended for personal and individual use linked to the Services. IT SHOULD AT NO TIME BE USED OR RELIED ON FOR ANY OTHER PURPOSE, IN PARTICULAR (WITHOUT LIMITATION) AS AN EMERGENCY LOCATOR SYSTEM, GPS SYSTEM FOR DIRECTIONS (INCLUDING WHILE DRIVING OR OPERATING VEHICLES), IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THE SERVICES (INCLUDING THE GEOGRAPHIC LOCATION DATA AND SERVICES) WOULD CAUSE ANY TYPE OF PREJUDICE.

THE SERVICES ARE NOT SUITED OR INTENDED, AND MUST NOT BE USED, FOR ANY OTHER ACTIVITY OTHER THAN THE ONES COVERED BY THESE TERMS, ESPECIALLY FOR ANY TYPE OF BUSINESS OR ENTERPRISE USE.

The geo-location information linked to the Services is provided through and by using [Google Maps]. By using the Services, you hereby expressly agree to the applicable terms of use of such service, available at https://www.google.com/help/terms_maps.html.

5. Use of the Website, License, Proprietary Rights and Ownership

a) In general

The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Website and Services (when relevant) for your personal, non-commercial use, and to display the content of the Website and (where applicable) Services on your computer screen or on other devices (such as smartphones or tablets), subject to your compliance with these Terms and all other policies. Such a license is only granted for places where the Services are offered and fully allowed by local laws and regulations, the identification of which relies on your sole responsibility. All other uses are prohibited without the Company’s prior written consent.

In particular, you may not use the Services or any content contained in the Services (including, but not limited to, content of other users, designs, text, graphics, video, images, information, logos, audio files, software and computer code) in connection with any commercial endeavors or non-private use (including, but not limited to, making unsolicited offers, advertisements or proposals, or soliciting any user to buy or sell any promotional material, products or services not offered by the Company on the Company’s explicit request to you, bulk or chain mailing of commercial advertising, charity requests, petitions for signatures, social functions for commercial purposes, etc.). You may also not use the Services or any content contained in the Services for any private use outside of the Services, in particular for any private database or compilation of photos.

You are responsible for the security of any device on which the Services are installed, browsed or used.

You warrant and guaranty that you comply with all applicable US export laws and restrictions and that: (a) you are not located in, under the control of, or a national or resident of any restricted country under U.S or other applicable law, and, (b) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (c) you are not listed on any U.S. government list of prohibited or restricted parties.   

The Company may investigate and take any action (including legal action) against any user that would use the Website in a way that would not be compliant with the Terms, including by removing from the Services any infringing content as well as by terminating, disabling or suspending the Account, without having to give any reason or notice.

b) Rights linked to the mobile application

In order to use the Services on a mobile device, you must have a compatible mobile device. The Company does not warrant that the Services will be compatible with your mobile device.

In conformity with the license given to you pursuant to these Terms, you may install a copy of the application on an iOS product that you own or control or permitted by the usage rules set forth in the App Store terms of service, or on an Android product that you own or control or permitted by the usage rules set forth in the Google Play Store terms of service. Such rules and terms fully apply to you and it is your responsibility to ensure full compliance with them.  

You acknowledge and accept that the Company may from time to time issue upgraded versions of its software, and may automatically upgrade the version of such software that you are using on your device, without this being however an obligation of the Company. These Terms shall apply to all such upgrades.

c) Proprietary rights

All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names, and other intellectual property rights related thereto, including, but not limited to, the mobile device applications, and all other elements contained in the Services (under reserve of the user content according to Article 6 a) of these Terms) are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors, should they be registered or not.

Unless expressly authorized in writing by the Company, you may not use, modify or alter in any way (including by selling, licensing or creating derivative works from) such content in any other way that would be permitted under the Terms. These Terms only give you a limited, revocable right of use in accordance with the Terms (in particular with regard to the license granted according to a) and b) above) and you do not acquire any right, title or interest to any part of such content. If you send us or otherwise share with us any ideas, comments, or suggestions regarding such content or the Services in general, you acknowledge and agree that we shall be entirely free to use such ideas, comments or suggestions in any manner, for any purpose, and without any further compensation, approval or consent.

With respect to any open source or third-party code that would be incorporated in the Services, such open source code is covered by the applicable open source or third-party license, if any, authorizing use of such code. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable user license for such open source software.

6. User Content and Prohibited Content and Behaviours

a) User content

You, as well as any other user, may submit content and materials on the Services (such as pictures, images, notes, audio files, videos, feedback, ideas, concepts, or creative suggestions), which shall be hosted, shared and/or published on the Services. By using or in any other way accessing the Services, you consent to the collection and use of such content and information, in accordance with our Privacy Policy.  

You are solely responsible for all content and material that you provide (or otherwise make available) on or through the Services, as well as for your involvement with other users. In this context, you understand and acknowledge that you may be exposed to content and materials from other users that may be inaccurate, offensive, indecent or objectionable. More generally, you understand and acknowledge that the Services are intended solely for an informed public. Nor the Company, nor any of its agents, employees or other contractual partners shall be responsible for any of the content that is posted.

You hereby grant, and you represent and warrant that you have the right to grant, to the Company and its affiliates an irrevocable, perpetual, nonexclusive, transferable, sub-licensable, royalty-free and fully-paid, worldwide license to reproduce, distribute, copy, record, publicly display and perform, play, adapt, modify and prepare derivative works of, incorporate into other works, and otherwise use any material and content, and to grant sublicenses of the foregoing, solely for the purpose of including any such material and content within the Services. You hereby consent to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your content and materials.

You also grant each other user of the Services a non-exclusive, royalty-free, irrevocable license to access, advertise, research, use, edit and display, view and/or make legitimate inquiries to your user content through the Services for personal use only, in accordance with these Terms and all applicable laws.

With regards to any material or content you submit or use in relation to the Services, you affirm, represent, and warrant that:

  • You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize the Company to use, all intellectual property and any other proprietary rights, and that such use does not infringe the rights of any third party;
  • Any content that you post, use or in any way put in relation with the Services is fully compliant with all applicable laws, in particular in your country of residence as well as in the country from which you access the Services;
  • You have the written consent, release, and/or permission of any identifiable individual person in the content to use such content in the Services and in compliance with these Terms.

Any content and materials remain owned by the user who submitted them, subject to the Company\\'s full license under these Terms. Such content and materials may not be shared, displayed, disseminated or duplicated by any other party other than the submitting user, except as permitted under these Terms. 

The Company does not, and may not be required to, control the content of the Accounts (in the meaning of Article 7) and profiles linked to the Services. The Company assumes no responsibility and makes no warranties, express or implied, as to the content posted by users of the Services. Nonetheless, the Company may at its sole discretion prevent users from submitting content and edit, restrict or remove user content for any reason and without any notice.

The Company does not:

  • Guarantee the accuracy, completeness, or usefulness of any third party and/or user content provided through the Services;
  • Guarantee the legality of any third party and/or member user content provided through the Services; or
  • Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the Service.

Under no circumstances will the Company, or any or its affiliates, agents or employees, be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Services, or transmitted to or by any users. Any advice, information or other content that may be posted in the Service is entirely for entertainment purposes only. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service, according to Articles 11 and 12 of the Terms.

You can remove your user content from the Services at any time. By unsubscribing or deleting your Account (in the meaning of Article 7 of the Terms), the Company will consider that you wish to delete and remove your user content. Please note however that all data that has been collected through the Services may be kept and remain recorded even after the termination of the Account and/or the removal of user content, at least temporarily, in accordance with the Privacy Policy. The Company also has no control and shall not be responsible for any user content displayed on any other website, search engine or social network as a result of sharing or referencing.

b) Prohibited content and behaviors

You are entitled to use the Services only in conformity with the laws of Switzerland and any other law that applies to you, should it be (without limitation) in your country of residence, of nationality or in the country from which you access the Services. You may solely make a legal use of the Services and any illegal or inappropriate use of the Services is banned.

In particular, you may not post, display, store, upload, send, disseminate, transmit or otherwise make available any information or material to the Services, or use the Services in any way or in connection with any material, which:

  • Is illegal in any way, or would be considered offensive or abusive, this in the sole judgment of the Company;
  • Promotes commercial activities (including, but not limited to, contests, sweepstakes, barter, unsolicited advertising, pyramid schemes, "junk mail" or "spamming");
  • Promotes information that is false or misleading, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  • Exploits people in a sexual, violent or other illegal manner;
  • Can be qualified in any way as a form of prostitution or similar activities that are provided against (financial or other types of) advantages;
  • Solicits personal information from anyone under the age of 18 or, if linked to people in a certain country, to the age of majority in such a country;
  • Promotes illegal activities, or any material that promotes the violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights), data protection and privacy (including, but not limited to, material which disseminates another person’s personal information without his or her permission, including videos or photographs);
  • Contains restricted or password only access pages, or hidden pages or images, or solicits passwords or personal identifying information for commercial or unlawful purposes;
  • Contains software viruses or any other computer code, files, Trojan horses or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other technologies that may harm the Services or the interests or property of any user or of the Company;
  • Impersonates, or otherwise misrepresents affiliation, connection or association with any person or entity;
  • Belongs to any third-party who has not given you his/her prior express consent.

 

You also represent and warrant that you will not adopt any behavior or commit any act in relation to the Services that would be held as a violation of the Terms, in particular that you will not:

  • Use the Services or any location information displayed within the Services to “stalk”, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location or personal information about other users;
  • Impersonate any person or entity or solicit money or other advantages from any user;
  • Use or attempt to use another user’s account, service or system without authorization from the Company, or create a false or misrepresenting identity;
  • Use the Services in an illegal manner or to commit an illegal act, or request from another user or any other person to do so;
  • Remove, circumvent, disrupt, disable, damage, modify or otherwise interfere with any operations or feature of the Services, in particular security-related, aimed to prevent or restrict use or copying of any content or to enforce limitations on use of the Services, including by uploading or otherwise disseminating viruses, Trojan horses, worms, or other harmful or disruptive code, components or devices;
  • Use in any way the Services in an environment or in any way that would not be reasonably adequate;
  • Attempt to gain unauthorized access to the Services or any element linked to them (accounts, computer systems, networks, etc.), in particular through hacking, password mining or any other means, or use any robot, spider, scraper or other automated means to access or use the Services for any purpose without our express written permission or bypass any measure our robot exclusion headers or other measures used to prevent or restrict access to the Services or use modified versions of the Services for any purpose;
  • Copy, modify, or distribute rights or content from the Services in any way, including by commercializing any code or any information or software associated to the Services, or use such content or information to compete with the Company;
  • Facilitate or assist another person to do any of the above acts or post any of the prohibited content.

7. User Account

In order to use the Services, you must register for an account ("Account").

When creating, editing or in any other way using your Account, you represent and warrant that: (a) all required registration information and content you submit or post on the Website or in relation to the Services is truthful and accurate, and in compliance with all applicable laws and regulations; (b) you have the right to post the content on the Services; and (c) you will maintain the accuracy of such information, and promptly update any information that subsequently becomes inaccurate, incomplete, misleading or false.

You may not have more than one personal profile and may not transfer your personal profile to a third party. Should you have been blocked from the Website, or from any other Service, by the Company or if your account has been terminated, for whatever reason, you may not register for a new personal profile and/or make any other use of the Services, unless the Company agrees to this in writing.

You are responsible for maintaining the confidentiality of your Account login information. You are fully responsible for all activities that occur under your Account, which shall be considered as originating from you, and you shall be held sole responsible (to the exclusion in particular of the Company) for any loss or damage that would arise. Only you are authorized to access your Account and it is prohibited to allow any other person to use your Account login information and credentials. It is your responsibility to un-log from your Account at the end of its use.

You must immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.

The email address chosen for your registration shall be used to communicate with you in any case that would be considered useful by the Company in its sole discretion. Any email sent on this email address shall be deemed well received and notified.

8. Payments and Purchases

a) Payments for Fee-Based Features of the Services

Some of the features, upgrades or portions of the Services are fee-based (collectively "Fee-Based Features"). All payments made to the Company for use and access to the Fee-Based Features are final and all charges are nonrefundable. Cancellations are effective only for the following billing period in which payment is due.

Payment for Fee-Based Features is processed via the Apple Store or Google Play Store.

In case of an account set up for recurring billing, you may cancel your account at any time by contacting either the Apple Store or Google Play Store directly and in accordance with their terms of use. You shall in any case continue to have access to the Fee-Based Features for any billing period or periods for which you have already paid.

Should any of the information or content you communicate to us violate these Terms or the Privacy Policy, or should you adopt a prohibited behavior, your access and Account (including the Fee-Based Features) may be terminated with immediate effect, without any compensation nor reimbursement of any amount you paid, including for periods to come. All payments that have already been done shall in such a case be forfeited.

Please note that the Google Play Store or the Apple App Store have their own payment and refund terms and conditions that you must accept before purchasing any of the Fee-Based Features. These terms and conditions shall fully apply and it is your responsibility to read and understand them fully. Should your account with the Google Play Store and/or the Apple App Store be deleted, suspended or in any other way limited, the Company shall not be held responsible and no refund of any amount paid in relation to the Services (both for the application itself and the Fee-Based Features) shall apply. 

b) Purchases of virtual credits

You may purchase virtual credits through our Services, which will allow you to donate virtual gifts to other users. Please be aware that the virtual credits are non-refundable, and that the recipient of the virtual gift may respond to you at his/her own discretion. We do not guarantee that the recipient will respond to you in any way.

Virtual gifts are intended for entertainment purposes only and cannot be redeemed for cash, should it be by the contributor or by the recipient. Virtual gifts are not intended to be used, and may not be used, as any form of counter-performance, consideration or remuneration of any type in relation to the Services, should it be in favor of other users or of third-parties. Virtual gifts may also not be used in any way that would be considered as a form of coercion or compulsion towards other users or third parties. 

Your account shall be directly charged for the purchase of virtual credits in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your application platform (App Store, Google Play, etc.).
FOR USERS WHO DOWNLOADED THE APPLICATION FROM THE GOOGLE PLAY STORE: PLEASE NOTE THAT THE VIRTUAL CREDITS MAY EXPIRE WITHIN 60 DAYS OF THE DATE OF PURCHASE AND THAT YOU MAY NOT BE ABLE TO USE THE VIRTUAL CREDITS, WHICH SHALL BE LOST, AFTER THAT PERIOD. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU USE YOUR VIRTUAL CREDITS WITHIN THE FIXED TIME LIMIT AND THE COMPANY MAY NOT BE HELD LIABLE, INCLUDING FOR ANY REIMBURSEMENT OF LOST AND/OR UNUSED CREDITS.

c) Possibility to receive presents

The Company may offer the possibility to each User to participate to free competitions in relation to the Services, which may allow them to win gifts from partner shops, in addition to the Fee-Based Features. Any User who takes part in such competitions does not have any right to receive any gift and/or any other benefit, nor to make any other claim towards the Company and/or any partner shop. Any gift that would be linked to such a competition may in no case be redeemed in any other form, including in money. The Company underlines that the participation in such competitions is free of charge. It is offered to any User, should he/she benefit or not from Fee-Based Features. Such competitions shall however mainly be published in the context of the Fee-Based Features. Users do not have any claim nor right of action in relation to these competitions and/or the gifts received. Nor the Company, nor any partner shop, gives any warranty whatsoever in relation to the gifts that would be received by the Users. You acknowledge that the Company may communicate on you in relation to your participation to such free competitions, in accordance with the Privacy Policy. The Company shall bear the normal shipping cost for the small gifts received through such competitions, to be sent by economy shipping to the address mentioned by the User in his Account. Any other costs linked to the small gifts (themselves or in relation to their shipping), including any taxes, charges, surcharges, custom duties or other costs or fees shall be the sole responsibility of the User and shall be exclusively born by him, to the exclusion of the Company.

9. Third-Party Websites, Products and Services; Advertising

Parties other than the Company may provide services or sell products via the Services. The Company may include such advertisements or promotions in its Services, or links to other services or applications (collectively “Third Party Services”) solely as a convenience to you and its users. The Company does not screen, audit, or endorse Third Party Services, or the information, material, products or services contained on, or accessible through, Third Party Services. These Terms do not apply to your use of any Third Party Services.

The Company makes no express or implied warranties with regard to the information, material, products or services that are contained on, or accessible through, Third Party Services, nor endorse any or all of it. Access and use of Third Party Services is solely at your own risk, to the exclusion of any responsibility of the Company, who shall not be responsible or liable for any loss or damage of any sort incurred in relation to the Third Party Services. This includes any loss or damage as a result of any correspondence or business dealings, or more generally of the presence of such advertisers on the Services. It is your sole responsibility to thoroughly review any and all privacy policies and terms of use applicable to any Third Party Services.

By and in relation to your use of Third Party Services, you acknowledge and agree that the Company may transmit data and information relating to you to the third-party offering such Third Party Services, through application protocol interfaces. The Company is neither responsible for the transmission nor the use of such data and information. You decide to access and use Third Party Services at your own risk and on an “as-is” basis, without any warranty as to the actions linked to the Third Party Services.

The Company and its licensees may publicly display advertisements and other information adjacent to any content you publish or communicate on the Services, to the sole latitude of the Company.

10. Termination

The Company may at all time, at to its sole discretion, (fully or in part) disable or terminate any account you have in relation to the Services or your use of the Services, as well as remove and discard all or any part of your account or any element you publish or communicate. The Company may also block the access to (all or part) of the Services to any user as well as to any third-party, including through their IP address or any other identification mean. This may be done at any time with immediate effect, without any liability of the Company (including towards any third-party) and without it being necessary to give any justification. It is underlined that the Company shall usually do so if it considers that you have violated any of the Terms and/or if your Account is unused for a certain period of time.

Should your account be terminated, it is your exclusive responsibility to contact either the Apple Store or Google Play Store directly in order to cancel the recurring billing option.

You may terminate your Account at any time by providing the Company with notice of termination. Your access to, use of, or participation in the Services, including any content therein, may be prevented by the Company at any time after your termination of your account.

In case of Fee-Based Features, specific termination modalities may apply, including but not limited to notice periods. Unless expressly otherwise provided, the above termination principles will fully apply. 

11. Warranty Disclaimers

ANY AND ALL OF THE SERVICES, AS WELL AS ANY AND ALL THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY, AND ANY OF ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IN RELATION TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

THERE IS NO WARRANTY FROM THE COMPANY OR ITS SUPPLIERS AND PARTNERS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. MORE GENERALLY, THE COMPANY AS WELL AS ANY OF ITS SUPPLIERS AND PARTNERS DO NOT GIVE ANY WARRANTY CONCERNING THE SECURITY, AVAILABILITY, SAFETY, CORRECTNESS, RELIABILITY OR ACCURACY OF THE SERVICES. THIS APPLIES TO ANY TECHNOLOGY OR MEDIUM USED TO OFFER OR ACCESS THE SERVICES.

THERE IS NO WARRANTY FROM THE COMPANY OR ITS SUPPLIERS AND PARTNERS IN RELATION TO THE USE OR THE RESULTS OF THE USE OF ANY PART OF THE SERVICES, IN PARTICULAR THE LOCATION INFORMATION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE SUBMIT OR OBTAIN MATERIAL OR DATA THROUGH THE SERVICES, AT YOUR OWN DISCRETION AND RISK.

THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY ANY BACKGROUND INFORMATION RELATING TO ANY USER OF THE SERVICES (IN PARTICULAR IN RELATION TO FELONIES, CONVICTIONS, MORALITY, ETC.), AND DOES NOT GIVE ANY WARRANTY WHATSOEVER ON SUCH INFORMATION OR ELEMENTS. 

YOU ASSUME THE ENTIRE COST OF ANY SERVICE OR EQUIPMENT THAT IS NECESSARY TO ACCESS THE SERVICES.

YOU ACKNOWLEDGE AND UNDERSTAND THAT, WHILE IT IS CENTRAL TO THE COMPANY TO SAFEGUARD YOUR DATA, ANY DATA YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES (INCLUDING DURING CHATS OR CONVERSATIONS) MAY NOT ALWAYS BE SECURE.

12. Limitation of Liability and Damages

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING GROSS NEGLIGENCE, WILL THE COMPANY (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY DAMAGE OR PREJUDICE (INCLUDING IF SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY) RELATED TO OR RESULTING FROM THE SERVICES. THIS LIMITATION APPLIES EVEN IF THE COMPANY, OR ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF A PREJUDICE OR DAMAGE. 

THIS LIMITATION APPLIES IN PARTICULAR TO: (A) THE USE, DISCLOSURE, DISPLAY, TRANSMISSION, STORAGE OR MAINTENANCE OF YOUR INFORMATION, INCLUDING YOUR LOCATION OR PRIVATE INFORMATION ; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING ITS SOFTWARE AND SYSTEMS; OR (D) ANY OTHER INTERACTIONS WITH THE SERVICES AND ANY OTHER USER, ONLINE OR OFFLINE.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY TO ALL SITUATIONS.

SHOULD THE TOTAL EXCLUSION OF LIABILITY NOT APPLY, THE COMPANY’S TOTAL LIABILITY FOR ANY AND ALL COURSES OF ACTION, AS WELL AS THE LIABILITY OF ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS OR SUPPLIERS, SHALL NOT EXCEED (IN TOTAL) THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.

SHOULD THE LAW APPLICABLE TO YOU NOT ALLOW SUCH EXCLUSION OR LIMITATION, THE COMPANY’S TOTAL LIABILITY FOR ANY AND ALL COURSES OF ACTION (AS WELL AS THE LIABILITY OF ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS OR SUPPLIERS) WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW.

13. Indemnification

You agree to indemnify, defend, and hold the Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees and judicial costs, arising out of or related to your use or misuse of the Services, including for any violation of the rights of any other person or entity by you, any breach or violation by you of these Terms.

The Company shall have the right, at your expense, to assume the exclusive defense and control of any matter and you agree to cooperate fully in relation to such claims.

14. Severability and Waiver

If any provision of these Terms is void, unlawful, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

A provision of these Terms may be waived only by an express written instrument executed by the Company. The failure of the Company, at any time, to require performance of any provision of these Terms shall in no manner affect its right at any time to enforce the same. A waiver of any breach of any provision of these Terms by the Company shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

15. Assignment

You may not assign or in any other way transfer these Terms and / or any rights and licenses granted hereunder. The Company may freely assign or transfer any and all of its rights and obligations in relation to the Services (including any and all rights and obligations pertaining to these Terms), as well as any personal data, without restriction.

16. Entire Agreement

These Terms and any supplemental or incorporated documents or policies (in particular the Privacy Policy), subject to any amendments or modifications made by the Company from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

17. Amendments

The Company may, at its sole discretion, alter, modify, add, or remove portions of the Terms at any time, without any prior notice. You shall be notified of such amendments and changes by email if you have an account in relation to the Service. Should you not have an account, it is your responsibility to check and verify the up-to-date version of the Terms when accessing the Service.

Such changes shall be effective immediately. Your continued use of the Service, following the publication of such amendments on the Service and/or their notice to you, constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by such amendments. If you do not agree to such changes, you have no right to obtain information or access to the Website and Services, and must immediately cease use of them.

You may not amend or change in any way the obligations and rights deriving from these Terms.

18. Governing Law and Jurisdiction

In order to answer at best to any of your concerns, you agree to notify us about any dispute or problem you may encounter with the Company, relating to the Terms or to the Services in general.

You agree to make every possible effort to resolve a dispute with the Company, relating to the Terms or the Services in general, prior to any legal action.

Should all of these efforts not be successful, any claim or dispute regarding these Terms and/or the Services in general, whatever the cause or nature (including for non-contractual disputes or claims and their interpretation), shall be subject to the exclusive jurisdiction of the Courts of Porrentruy (Canton of Jura), Switzerland. You hereby expressly waive any and all possibility to proceed through class action or any other type of collective action against the Company.

These Terms, as well as all matters arising out or in relation to them (including non-contractual disputes or claims and their interpretation), shall be governed by the laws of Switzerland, to the exclusion of the rules on conflicts of laws.

19. Contact Us

Please contact us with any questions or queries regarding the Terms, at support@thefetishblog.net

 

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