Terms and Conditions of Use

Welcome to Viva-City.com Ltd (hereafter Viva-City). the service for adults to meet each other online (the "Service"). Please read these terms and conditions carefully to be sure that you understand them. By using Viva-City.com Ltd., you agree to be bound by these Terms and Conditions (the "Agreement"). Once you have completed any aspect of the online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of this Service.

Eligibility

You must be eighteen (18) or over to register as a member of Viva-City or use this Web site. Membership of the Service is invalid where prohibited. By using this Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. 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 for any purpose.

Registration and Subscription

Although you may register as of 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 on the site. This price list is part of this contract. Viva-City reserves the right to change the subscription fees for the Service at any time but we will give you reasonable notice of this before we do so.

Term and Termination

This Agreement will remain in full force and effect while you are a member of the Service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000, you can postpone commencement of the Service until the seven working days' cooling-off period has expired. However, if you choose to become a member and enter the Web site, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under these regulations.

Your account is set to auto-renew after the period of subscription chosen. This is our standard policy. If you wish to suspend you account, and thereby cease subscription payments, use must use the Suspend Account option in the Account Option sections of the site. Suspension must be made on or before the last day of subscribed membership to prevent further payments. You may reactivate your account, and resume payments, at any time and without loss of data.

Should you wish to completely terminate your membership, and delete all profile details, you may do so at any time, for any reason, effective upon receipt by us of your written or email notice of termination. You may contact us at our address listed on web site.

We may immediately terminate your membership and your access to the Service because you have breached this Agreement 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 in the Service because you have breached the Agreement, we will refund any pre-payments made by you less reasonable costs and losses we have incurred. We can terminate this contract at any time by giving you reasonable advance written notice.

Total Freedom Guarantee

Users will be granted a full refund of their subscription fees paid after being subscribed to Viva-City.com for the subscribed period ('the period') subject to the following terms.

• No contact has been made with any other user on the Viva-City.com web site during 'the period'
• Customer services were notified of nil contact with other members within the first calendar month of 'the period' after subscribing to the Viva-City.com web site
• All suggested member activities were followed and implemented by the user as detailed on the "How to Use Viva-City" section on the site
• There remained no contact from any other user through out the rest of 'the period'.

Purchase of Items from the Gift Service - dateGIFT©

Viva-city.com gift service dateGIFT© offers all of the guarantees that you would expect from any reputable retail business. The terms under which viva-city operates are listed under "Retail Terms of Business" on the Gift section of the Viva-City web site and form part of this agreement.

Links to Other Sites

Viva-City.com Ltd assumes no responsibility for the contents of any other websites to which the Viva-City.com Ltd., website(s) has links to and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of, or reliance on, any content, goods or services available on such hyperlinked sites. Viva-City.com Ltd., may not have control of such websites. The inclusion of any hyperlinks to such other websites does not mean that Viva-City.com Ltd., endorses the material on such websites or has any association with the owner(s) thereof.

Your Use of the Service and Content Posted on the Site

Illegal and/or unauthorized 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 Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

We are entitled to review and delete any content, messages, photos or profiles (collectively, "Content") that in our sole judgment violate this Agreement 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 publish or display (hereinafter, "post") on the Service, or transmit to other members.

By posting Content to any public area of the Service, 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, 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.

We are entitled to investigate and revoke a person's membership if a member has misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of Content that is illegal or prohibited on the Web site, Content that:

• expresses or implies that any statements you make are made or endorsed by Viva-City;
• 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";
• contains any viruses, Trojans or other potentially harmful or disruptive elements
• promotes information that you know to be false, misleading or which promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• promotes an illegal or unauthorized 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);
• displays pornographic or sexually explicit material of any kind;
• 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 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 emails that a member may send to other members in any 24-hour period to a number which we deem appropriate in our reasonable discretion.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Member Disputes

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.

Privacy

Use of the Web site and/or the Service is also governed by our Privacy Policy which can be accessed from the Home page.

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 except for those written in to these terms and conditions. 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 Web site for the Service with reasonable skill and care of an online service provider.

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.

Limitation on Liability

In the absence of any negligence or other breach of duty by us, your use of the Site and this Service is entirely at your own risk.

If we are in breach of the arrangements under this Agreement, we will not be responsible for any losses that you suffer as a result, except those losses that are a reasonably foreseeable consequence of the breach.

We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

Amendments to this Agreement

Viva-city may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, 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.

Release

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. In the event that a claim or action is brought against us from your activities or use of the Web site or the Service, including any breach by you of this Agreement 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.

Dispute Resolution

We will try to resolve 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 take such action within the United Kingdom.

Contact Information

The Site and the Service is operated by Viva-City.com Limited, a company registered under the laws of England, whose registered office is 603 Erico House, 93 / 99 Upper Richmond Road, Putney, London, SW15 2TG. Email customerservices@viva-city.com.

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