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TERMS OF USE (REVISED MAI 25TH, 2006) 

1. INTRODUCTION


You must read and agree to these terms and conditions before you may access or view our Site. Please read them carefully, as by visiting this Site, you are agreeing to its terms. 

This Agreement is subject to change at any time, and changes are effective upon posting. We recommend you check this page regularly.


2. DEFINITIONS


"Terms of Use" 

Shall refer to this contract. 

"SpiceUpYourLife.com" 

Shall refer to the online service, which purpose is to allow people to meet for casual dating and non-business purposes as well as entertainment (hereinafter referred to as "SpiceUpYourLife.com" or the "Site"). 

"Service" 

Shall refer to to the practice and delivery of the Site including such as the use of the site, email communication and creaqting a membership. 

"Member(s)" 

Shall refer to all the validly registered users of the Site whether or not they have purchased a Gold Pass. 

"Gold Pass" 

Shall refer to a paid fixed rate giving additional Site functionality to a member, for a limited period that can be 1 month (recurring where the Gold Pass has been purchased using a bank or credit card), 3 months and 6 months, renewable upon repurchasing of a new Gold Pass. 

"The Site Administrator" 

Shall refer to any such person or entity (officers, directors, agents, subsidiaries and employees) which is permitted by Spice Ltd. to act on its behalf and make changes, additions and/or modifications to the site whenever necessary. This includes servicing the Site, maintenance of the Site, deletion of accounts and other administrative and/or legal


3. ELIGIBILITY


You must be 18-years of age (21-years old where 18 is not the age of majority) to register as a member of or use this site. Membership in the service is void where prohibited. 

By using and/or viewing this site you represent and warrant under penalty of perjury the following:

  1. That you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement.


  2. That you are an adult, at least 18-years of age (21-years old where 18 is not the age of majority) and that you will not permit any person(s) under 18-years of age (21-years old where 18 is not the age of majority) to have access to any of the materials contained within this Site.


  3. That you understand that when you enter this site, you will be exposed to visual images and/or videos, audio sounds, verbal descriptions and activities of a sexually oriented and explicit nature and you are voluntarily choosing to do so.


  4. That you have not and will not use and/or view the Site in a restricted location (a place, country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom).


  5. That your interest in this Site is a manifestation of your interest in sexual matters which, you believe, is normal and generally shared by average adults in your community.


  6. That you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards.


  7. That you shall not use this Site, in any way, to provide ground for you to solicit, agitate or violate any person, any community, any organization, any state or body or any autonomy which under its ruling laws, rules and regulations is not permitted to engage in any of the activities or any of the contents provided on this Site.



4. MEMBERSHIP


The Member guarantees that all of the data supplied by him or her is accurate and true. 

Each Member has one login name and one password, which are strictly private and confidential and must not be passed on or shared with any third parties. As Spice does not have the technical means to check the identity of every person registered, Spice is not liable in the event a Member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform Spice immediately. 

When a Member wishes to refer a friend to Spice by providing the appropriate contact details, he or she must have obtained the prior consent of this friend so that an electronic message can be addressed in the name and in the account of the Member to this friend. In such a case, the Member supplies such information freely and voluntarily and under his/her sole responsibility. 

For security and quality purposes, Spice will deactivate the accounts of Members who have not used the Site for a period of 3 months or more and for whom no Gold Pass remains valid. The site administrator will delete the accounts (including but not limited to albums and messages) of Members who have not used the Site for a period of 6 months or more and for whom no Gold Pass remains valid. The periods referred to above shall commence on the date of the last registered access to the Site in the account concerned. 

The site administrator will, upon the expiry of a Gold Pass, delete content such as old mail correspondence, additional photo albums and other such content, so that the account will enjoy the same functionalities and quota as before a Gold Pass was acquired (a Gold Pass bringing additional benefits to a regular account). Unless the user renews his/her Gold Pass when reminded that such action needs to be taken.


5. OBLIGATIONS OF THE MEMBERS


The Member has the following obligations:

  1. To respect the intellectual property rights relating to content supplied by Spice and by other Members and not to supply inaccurate or false information or content


  2. Not to use the Site for professional or commercial purposes such as sending unsolicited commercial e-mails, sending advertisements for other web sites, or using member personal identifying information for commercial purposes or for any non-private purposes


  3. Not to make comments or supply content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, any content that is contrary to acceptable norms and standards


  4. Without limitation, not to communicate, disseminate, share or make accessible, in any way, his/her login name and password to any third party


  5. To use the Site in accordance with the purpose set out in these Terms of Use.

Failure to comply with these obligations as set out above shall constitute a serious breach by the Member of his/her obligations. Without prejudice to the provisions of the article "Termination", Spice shall, where the Member fails to comply with one or more of these obligations, be entitled to terminate the contract and will definitively delete the account of the Member concerned. 

For their own safety, Members are prohibited from disclosing information that allows them to be identified, such as last name, postal/e-mail address, phone number, to other Members through the Service. 

It is also imperative that Members take certain precautions when arranging to meet up with another Member. Spice assumes no responsibility for meetings between Members of the Site (and/or non-Members) as a consequence of the use of the Site. It is highly recommended on a first date that you tell someone close to you and that you choose a public place (café, restaurant etc.).


6. FEES


The Site usage and/or subscription fees were provided to you upon registration and may change from time to time. Prices and terms of payment for a Gold Pass are constantly accessible on the Site, at the latest, from the time of presentation for purchase. 

The acquisition of a Gold Pass on the Member's account begins almost simultaneously with the validation of the transaction by credit card. Credit card payments are processed through Epoch. 

Upon expiry of a Gold Pass with automatic renewal, such Gold Pass shall, except where the Member notifies termination thereof prior to the Gold Pass's expiry date, be renewed by periods of 1 month. In such cases, the monthly renewal shall be affected at the monthly price rate of the Gold Pass to which the Member originally subscribed. 

The Member may at any moment notify that he or she wishes to terminate his or her Gold Pass. Termination shall take effect on the Gold Pass's expiry date, in accordance with the Article "Termination".


7. TERMINATION


A Member may at any time and without the need to provide any reason end his or her registration by requesting the closure of his/her account in the area of the Site designated for such purposes. Such request shall be deemed effective from the first working day after receipt of the request for closure of the account concerned. Such request does not trigger reimbursement of any time remaining on the Member's Gold Pass. 

Termination of a Gold Pass by a Member shall be effective on the Gold Pass's expiry date. 

Without prejudice to the other provisions hereof, where the Member commits a serious breach, Spice will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member. 

Without prejudice to the other provisions hereof, where the Member commits a breach, Spice will terminate the Member's account seven (7) days after having sent to the Member an e-mail requesting unsuccessfully that he or she comply with these Terms of Use. 

Such termination shall take effect without prejudice to any damages that Spice might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches. 

The Member will be informed by e-mail of the termination of his/her account and data relating to the Member will be destroyed.


8. PROPRIETARY RIGHTS


The SpiceUpYourLife.com trademark, logos, graphics, photographs, animations, videos and texts featuring on the Site and the service (including email newsletters) are the intellectual property of Spice or its partners and may not be reproduced, used or represented without the express permission of Spice or its partners, under threat of legal action. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. 

Also refer to the Article "Copyright and Intellectual Property rights" of these Terms of Use.


9. CONTENT PROVIDED BY MEMBERS


Spice claims immunity from liability to the fullest extent under the law for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. 

You understand and agree that Spice may remove and/or hide any content, messages, photos or profiles (hereafter "Content") that in the sole judgment of Spice violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Spice and/or its members. You are solely responsible for the content that you publish or display on the Site, or transmit to other Site members. 

You automatically grant Spice a license to use the intellectual property rights attached to the content published or displayed by the Member to any public area of the Site, and you represent and warrant that you have the right to grant to Spice an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-license or distribute such content. 

The Member expressly authorises Spice to modify this content in order to conform to the look and feel of the Site and/or email service. These rights are awarded on a global basis. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the service for the Member's own strictly personal and private purpose. 

The information supplied by a Member must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned. It is the Member who takes the initiative to divulge and disseminate via the service personal information, data, text, content and images. Consequently, the Member waives all recourse against Spice, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement, since the Member has given his/her prior, voluntary and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use. 

Spice cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, site visitors and/or the Member himself or herself. Correspondingly, Spice cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties. 

Spice allows Members to notify Spice, on the site, the data (including photograph, text, video), behaviour or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the Site, the rights of any third party, or general good standards. Consequently, Members acknowledge and accept that the data they provide, as well as their behaviour and words on the Service, may be notified by other Members, moderated and/or monitored by Spice, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a Member of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the Article "Termination", may be applied. 

In the case where the responsibility of Spice is pursued due to a breach by a Member of his or her obligations as defined in the scope of the law or by these present Terms of Use, the Member undertakes to protect Spice against all claims or damages against Spice, including full indemnification for any costs that might be incurred including lawyers' fees and court costs.


10. COPYRIGHT AND INTELECTUAL PROPERTY POLICY


Spice respects the intellectual property of others, and we ask our users to do the same. Spice has no responsibility for content on other web sites that you may find or access when using Spice's products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the Republic and Canton of Geneva and/or other countries. The terms of use of those web sites, and not the SpiceTerms of Use, govern your use of that material. 

It is Spice's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Spice and/or others. 

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 or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please contact Spice legal department, and provide a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site including the URL; your address, telephone number, and email address; a statement by you, made under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. 

Permissions. If you are seeking permission to use Spice trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact Spice legal department.


11. MEMBER DISPUTES


Spice only provides limited solicitation or control of the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member's profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Site members. Because Spice is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Site, you release Spice, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages of every kind and nature.


12. PRIVACY


Please refer to our separate Privacy Policy document, available on our site.


13. EXTERNAL LINKS


The Site may include links to 3rd party websites. As Spice is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources.


14. DISCLAIMERS


Spice is not responsible for any incorrect or inaccurate content posted on the Site, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Site whether online or offline. 

Spice assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. 

Spice is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site. 

Under no circumstances Spice be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the site or transmitted to members. The site and the service are provided as best practice by Spice and it expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Spice cannot guarantee and does not promise any specific results from use of the site and/or the service.


15. LIMITATION ON LIABILITY


Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Spice be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the service, even Spice has been advised of the possibility of such damages. You further agree to hold Spice including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user's profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, Spice's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Spice for the service during the term of membership. 

Spice shall in no circumstances be liable for direct or indirect damage to the Member where the Member's behaviour contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, Spice shall not be liable for direct or indirect damage suffered by the Member in the event of non-performance or incorrect performance of these Terms of Use by the Member. 

Spice shall in no circumstances be liable for loss or damage to any documents, photos, videos or other content you have provided, nor to any mail or other communication you have saved on the site. Please refer to the above mentioned Disclaimers for these purposes.


16. ARBITRATION OF DISPUTES


These Terms of Use shall be governed, construed and applied in accordance with the law of the Republic and Canton of Geneva, and in the event of dispute as to the meaning of a term or provision of these Terms of Use the language of interpretation shall be English. Subject to mandatory public order rules applicable to court jurisdiction, only the courts of the Republic and Canton of Geneva shall be considered competent for all litigation relating to these present Terms of Use, inclusive, without this list being limiting, and to their validity, their interpretation, their execution and/or their termination and the consequences thereof. 

If at any point, you feel as though you have a dispute with Spice, you agree to abide by our dispute resolution principles.

  1. You agree to read our FAQ file to see if your question has been previously answered.


  2. If that doesn't work, you agree to contact us online, outlining your problem.


  3. If that doesn't work, you agree to send us a letter, by registered mail, to 2029 route des Grandes Alpes, 74110 Morzine, France.


  4. If, after six weeks, you haven't found a satisfactory resolution, you agree to submit to binding arbitration, to be conducted by a member of the Republic and Canton of Geneva Law, at your expense. If you win, we will pay the arbitration expenses and your reasonable attorney's fees. If we win, you agree to do the same for us. We will under no circumstance pay your or anyone elses incurred travel expenses to and from the court of arbitration or any other destination related to the dispute resolution.


  5. By accepting these terms, you waive your right to go to court and you explicitly waive your right to participate in a class action lawsuit



17. TRADEMARKS


SpiceUpYourLife.com™, SpiceUpYourLife.com (logo), Gold Pass™ are trademarks of Spice.


18. INDEMNITY


You agree to indemnify and hold Spice, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.