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By entering and/or subscribing to this web site [the Website] you [You] are entering into an agreement [the Agreement] for provision of a service [the Service] with Home Studio Ltd. [the Company] a company that is registered in England and Wales at Companies House Cardiff, and based in Hampshire UK, and You are accepting that You have read, understood, and are bound by these Terms and Conditions [the Terms]. You and the Company are the parties [the Parties] to this Agreement.
The Service and Website include content generated by other web sites and this agreement includes such web sites where these are owned and operated by the Company.
A Member is defined as an individual person who has either paid a subscription to use the Service and/or has signed-in to the site with a username and password however the username and password were obtained. A club or Company or agency or other such entity is not permitted to be a Member.
You certify the following information and understand that we are relying on such certification and agreement to the Terms for allowing entry into the Website and for use of the Service. You hereby certify under unsworn declaration of perjury the following:
EU Consumer Rights Directive sets out a '14 day cancellation period' otherwise known as a 'cooling-off period'. During this period we have no obligation to provide digital download media unless You have given Your express consent to this happening, and accepted that once the download starts You will lose Your right to cancel.
As a Member You forfeit your right to cancel within the 'cooling-off period' at the point where You authorise a video for download and start the download. The Service records these events.
The Company will only consider claim for subscription refund within the EU Consumer Rights Directive 'cooling-off period' where:
Our media is encoded as WMV-9 format and once downloaded is suitable for playing on any laptop PC or media player capable of playing this format at speeds between 750 bit/s up to 3000 bit/s, depending on choice of media. The Service is designed and tested for use by desktop / laptop PC with a full function browser such as Microsoft Internet Explorer or Firefox. The Service may work in part and the media may play on other devices, but this is at Your risk.
All content within the Website is protected by various local laws and International Copyright Law. Duplication, display, and publication of the material and images in any way other than set out in this Agreement is strictly prohibited without the express written consent of the Company or other copyright holders.
You should notify us immediately if You become aware of any unauthorised use or copying of any Content or any part of the Website or any unauthorised access to or other unauthorised activity in connection with the Services.
The name of the Website is a trading name of the Company and may be in-use by the Company under licence from third parties.
The Company provides the materials on this site for the personal, non-commercial use by viewers, fans, visitors, and Members of the Website who are granted a non-exclusive single copy license to view the information offered on this site. The viewing of information on this Website by You is for personal, non-commercial use only, and nothing in this Agreement gives any right to duplicate, render, print or copy any of the information on this Website for anything other than the personal use.
Commercial use is strictly prohibited of any material located on the site, with the exception of RSS feeds which may be aggregated into other websites provided that such RSS feeds, their branding and any html links contained within them remain unchanged.
The Company and its agents reserves the right to limit the amount of materials viewed or downloaded from this site by any user to a reasonable level. Download limits apply to video and other large media artefacts.
In addition, You may not:
The Company reserves all other rights coincident or related to this site.
It is a benefit of being a current Member [Membership] that a Member can identify themselves to the Website (i.e. log-in) and then download video and other media within the constraints of the Service. This benefit does not endure after the time when Membership has expired. The Service does not provide for a Member of expired Member to downloaded authorised or previously authorised media outside of the period permitted for that download.
The Company may at their discretion operate from time to time a Member Loyalty Scheme between this Website and other web sites, whereby continuing as a Member and paying subscription to this Website may include benificial Member access to one or more other web sites at no additional cost to You after various periods of subscription, and while you remain a Member of your 'home' Website. In such case this agreement shall be expanded to cover use of those Websites made available by such sceheme.
The Member Loyalty Scheme is operated at the sole discretion of the Company, who reserve the right to operate this scheme as they see fit: including and not limited to the granting or withdrawal of the scheme or its benefits to any user or group of users, or to adjust the scheme from time to time in any way that they so choose to do.
In all matters relating to the Member Loyalty Scheme the decision of the Company is final.
The Company reserves the right to terminate or suspend the Agreement and/or any related membership agreement at any time if You breach or violate any provision of the Agreement. In such cases:
As an alternative or precursor to termination we reserve the right to block access to the Website for any Member and request an explanation of irregularities in use or set up of the Member account. In such event the Member is strongly advised to provide a full and accurate explanation in response to questions asked, and evasive, incomplete and innacurate answers will result in termination.
The Company and the Operator reserves the right to block access to the Website and the Service from any IP address, group of IP addresses, or class of IP address (e.g. by Country).
Any hypertext link to this Website should be made to the home page of this Website.
Unless otherwise authorized in writing by the Company, You may only establish a hypertext "link" direct to content within this Website (such as news feeds) for non-commercial purposes only. The Company reserve the right to block direct hypertext links to content within the Website from other locations.
You may activate links (hyper-links) in the Website leading to other web sites and services which are not under the control of the Company and for which the Company has no control or responsibility. It is reasonable to expect linked sites to have an adult theme and to contain adult content. Activation of any such link is a user decision and responsibility and users should read and abide by terms and conditions on those sites.
The Company is not responsible or in any way liable for any content which is contained on a web-site linked to from the Website by hyperlink or other means. Neither is the Company responsible for the images and content of advertising material displayed automatically on the Website but contained (hosted) on third party websites.
While reasonable efforts are made to ensure that the information contained on the Website is correct, the Company makes no warranty express or implied as to the nature or accuracy of any such material to the extent permitted by acceptable law.
The Company make no representation that the materials available on the Website are appropriate or available for use in other locations. Access to the Website and the Service from jurisdictions where the contents of the Website or the Service are illegal is prohibited.
The Company contracts with others [the Operator] to operate the Service.
RECORDING YOUR ACTIVITY:
PERSONALLY IDENTIFIABLE DATA:
COOKIES: This Service uses its own 'cookies' [Cookies] (which are small data files stored in the browser on on your client device) [Service Cookies]. You agree to the Service using Service Cookies. Where:
COOKIES FROM THIRD PARTIES: Other third parties use thier own Cookies to support the operation of the Service [Third Party Cookies]. You agree to the Service being supported by the use of Third Party Cookies, and for the parties mentioned below to install their own Third Party Cookies onto your web browser and client device. Although not essential to the core function of the Service the Third Party Cookies support marketing and analytic business functions. Where:
3RD PARTY SOFTWARE IN OUR WEB PAGES: Other than as listed here, the Company does not download active script from 3rd parties into the web pages of the Service.
You explictly agree to the use of the third party scripts and services listed here:
DISCLOSURE: Niether the Company or the Operator sell, rent or trade any Logs or identifiable information You provide when using the Website. Except as provided in this Agreement we will not provide Your information to third parties. We may disclose information about You to our subcontractors, employees, or officers insofar as reasonably necessary for the purposes as set out in this Agreement. In addition, we may disclose Your personal information:
We may delay enforcing our rights under these Terms without losing them.
We will not be liable to You for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.
The UK Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement between You and us formed by these Terms.
These Terms and and applicable additional third party supplier terms that You accept as part of Your registration process for the Service form the entire understanding between You and us concerning Your use of the Website and the Service and supersede all previous agreements relating to the Service and the Service.
By using the Service You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or Your breach of the terms of this agreement.
If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
You acknowledge and agree that in entering into these Terms You do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in these Terms shall, however, operate to limit or exclude any liability for fraud.
These Terms shall be governed and interpreted in accordance with English law and You and we both consent to the non-exclusive jurisdiction of the English courts. Each of the Parties waives any right, and agrees not to apply, to have disputes arising under this Agreement determined by jury.
We may update these Terms and Conditions from time-to-time by posting a new version on the Website. You should check this page occasionally to ensure you are aware of any changes.
Notices from the Company to customers shall be given by means of electronic messages or by a general posting on the Website. Formal notices to the Company shall be given by recorded delivery mail to the Company at its registered address. The Company may also be contacted informally through the contact facilities within the Website http://www.mistresswhiplash.com. Note that other addresss such as studio addresses or other email addresses may not be monitored for mail.
All models, actors, actresses and other persons that appear in any visual portrayal of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time the visual image was created.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
With respect to all visual depictions displayed on this web site, whether of actual sexually explicit conduct, simulated sexual conduct or otherwise, all persons were at least 18 years of age when said visual depictions were created.
The owners and operators of this Web site are the primary producers of the video on demand content contained in this Web site.
The Custodian of Records is: Home Studio Ltd., a company that is registered in England and Wales at Companies House Cardiff, and based in Hampshire UK.
The custodian can be contacted by either:
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