TERMS OF USE

Last Updated February 2020

These Terms of Use are current as at the date shown above. We update our Terms of Use from time to time, and we advise you to check any changes since the last time you used the services offered through the moonfeeling.com site (the “Site").

Users of the Site comprise Offeror Users and Recipient Users, as defined below (together “Users").

Offeror Users create content displayed on the Site and are entitled to upload advertisements and create profiles in accordance with the Paid Services terms below. Recipient Users have access to content placed by Offeror Users and are given the opportunity to contact Offeror Users via the contact information uploaded by such Offeror Users.

Users are advised that continuing to browse the Site signifies consent to the Terms of Use current at the time when you visit the Site and that if you do not wish to be bound by the Terms of Use you should close the Site and cease to use the service.

Our use of your personal data is governed by our Privacy Policy which also sets out our use of cookies and similar technology. We only gather the minimum personal data, in compliance with the applicable laws which is necessary for us to provide the service in accordance with these Terms of Use, to comply with legal obligations on us, and to fulfil our legitimate interests with respect to improving the service, extending the geographic coverage of the service and promoting the safety and well-being of our Users.

If you wish to become an Offeror User, you will not be allowed to create a profile or to place an advertisement unless you confirm you accept the Terms of Use including the Acceptable Use Policy and Summary and Guidelines set out below at the time of placing that advertisement or creating that profile.

Please note that the Site is operated by Nettolemo LDA and acts as a platform provider only (“we” or “us”). We do not exercise editorial control or pre-vet advertisements placed with us or User profiles created on the Site, although we will take down advertisements or profiles which:

  • contravene these Terms of Use; or
  • contain any malware or any other material which risks interfering with or degrading the proper performance of the Site; or
  • we consider in our absolute discretion to be prejudicial to the proper performance of the service; or
  • we consider are unlawful in nature (for instance anything which is harassing in nature, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, harm minors in any way) or may be in breach of any applicable criminal laws or regulations binding on us; or
  • constitute or may constitute harassment or bullying of any other User or other third party; or
  • are threatening, abusive or discriminatory; or
  • are required by a judicial order from a competent court or competent government agency.

The sections marked “Acceptable Use Policy" and “Summary and Guidelines" set out in more detail material which is considered to contravene these Terms of Use, although it is for Users in each case to determine for themselves the laws applicable to any material contributed by them to the Site and such material’s compliance with the Terms of Use.

We reserve the right to ban Users for serious or repeated breaches of these Terms of Use. In the event of any take down of any advertisement or banning of any User we will not, in any circumstances, be responsible for any losses, claims, damages or expenses whatsoever arising out of such take down or ban, and no refunds for any monies paid to us will be granted save in the limited circumstances set out in the “Refunds Policy" below.

OBLIGATIONS AND BEHAVIOUR OF THE USER

The service is an adult service and, by using the service, Users represent and warrant that they are 18 or over. Any misrepresentation by any User under 18 that they are 18 or over, or any circumvention of any age verification measures put in place by us will be a breach of these Terms of Use.

As stated above, Recipient Users should be aware that we do not exercise advance control over the content of the online ads placed by Offeror Users. The Site is not an intermediary or agent of any Users, and is not in any respect responsible for any risks, claims or liabilities arising out of any subsequent supply of services or other connection between any Offeror User(s) and any Recipient User(s).

By using the service, Users assume the full and exclusive responsibility for their behaviour towards the Site and towards third parties including but not limited to other Users.

We are not responsible for and do not guarantee the veracity of the contents of any advertisements placed by Offeror Users, or the successful outcome of any negotiations between any Offeror User(s) and any Recipient User(s).

Limitation of Liability

Nothing in these Terms of Use applies to limit or exclude any liability of any party for death or personal injury caused by that person’s negligence or any person for whom they are responsible, or for fraud, or for any other liability which may not be excluded or limited by law.

The Site and its affiliates, and its or their affiliates, managers, employees, officers or directors do not accept any liability for:

  • any loss or damage to the extent it arises from circumstances outside their reasonable control;
  • any loss or damage caused by any interruption in or non-availability of the Site or the service;
  • any direct or indirect loss of profits, business, reputation, anticipated savings or turnover;
  • any loss or corruption of data;
  • any indirect, special, punitive, statutory or consequential losses whatsoever even if it has been advised of the possibility of such losses.

The Site’s and its affiliates’, and its or their affiliates, managers, employees, officers or directors’ liability to Users for any other losses and damages, whether arising in contract, tort, breach of statutory duty or under any legal theory whatsoever arising out of or in connection with the Site and the services shall (without prejudice to the Refunds Policy set out below), in the case of paid for services, be capped at an amount equivalent to the higher of the sums paid by any User in the twelve months immediately prior to the event giving rise to the claim or £500 and in the case of any other services, £150.

Each of the above provisions and sub-provisions are separate and independent provisions and a finding of nullity or unenforceability in respect of one provision or sub-provision shall not affect the enforceability of the other provisions which will remain in full force and effect.

Paid Services: Offeror Users

By publishing an advertisement on the Site (which includes creating an online profile), each Offeror User is authorizing us to promote it for its greater visibility in our discretion and to operate the service so as to facilitate maximum effectiveness in relevant geographical markets. By creating an online profile or placing an advertisement on the Site, Offeror Users confirm they are of legal age in the relevant jurisdiction, that they are the person identified in that profile and that they have not been coerced in any way.

An advertisement published by an Offeror User shall not in any manner be a violation of the applicable laws and regulations of the jurisdiction/country of residence of the Offeror User. In the event of a breach of these terms, or a violation of the applicable laws and regulations, we reserve the right to take down the advertisement without refund, to delete any applicable profile and to ban Users from creating any future profiles or placing any future advertisements.

Acceptable Use Policy

Users undertake not to use the service provided by the Site either improperly or contrary to the provisions of applicable law, regulation, rules of ethics and good conduct of the network services. Users, in particular, undertake not to transmit through the Site material of offensive and libellous nature, discriminatory, harassing, defamatory, pornographic, paedophile, vulgar, blasphemous or which is in some way contrary to the principles of public order and good morals.

Offeror Users are responsible for complying with all applicable laws with respect to the content of their advertisement. In particular, Users must not advertise any services or publish any data/content which it is unlawful to perform/publish within their jurisdiction.

Offeror Users warrant that they are the data subjects of or that they have the explicit and informed consent of all persons whose personal data is included in any advertisement placed by them and that they will not use any material in their advertisements which contravenes the copyright or other intellectual property rights of any third person without having the permission of that third person.

Offeror Users are aware that by including an email address in advertisements hosted by the Site, we have no control over any materials which may be sent directly to that email address, whether by other Users or otherwise, and whether in answer to that advertisement.

Summary and Guidelines

Offeror Users have their specific attention drawn to the following summary of the above Terms of Use. For the avoidance of doubt, we offer this summary as a convenience to our Users and it should not be taken to constitute legal advice as to when material is lawful to include in advertisements and profiles.

  • Advertisements that contain references to sexual services in exchange for money are not allowed;
  • Inserting pornographic pictures that contain obscene images or explicit images of genitalia or which otherwise contain material which would be obscene in nature and contrary to the provisions of the applicable laws and regulations is not allowed;
  • Any material which contravenes the rules on “extreme pornography" including erotic material which depicts acts which appear to be non-consensual, which appear to involve animals, which appear to involve sexual acts with dead bodies, or which depict acts which appear to threaten a person’s life or acts which result, or are likely to result, in serious injury to a person’s anus, breasts or genitals are not allowed;
  • Any material which makes use without each participant’s consent of erotic material provided on private occasions (“revenge porn") is not allowed;
  • Any material which depicts, promotes, induces or offers sexual activity with minors or which otherwise promotes or encourages paedophilia (“paedophile material") is not allowed;
  • The insertion into any advertisement or profile of paedophile material will be immediately reported to the competent authorities, including all the access and meta data. We also reserve the right to report material which contravenes our rules on extreme pornography or revenge pornography;
  • By placing advertisements or creating profiles, Users certify that they have full legal rights to do so, and also declare and warrant that the material uploaded belongs to persons of legal age (over 18) who have given their free and informed consent to publish them on the Site;
  • Prior to publishing an advertisement on the Site (which includes creating an online profile), each Offeror User will confirm by means of the [moonfeeling.com/?lightbox=true], that they are of legal age in the relevant jurisdiction, that they are the person identified in that profile and that they have not been coerced in any way. Unless the Offeror User gives such confirmation, they will not be able to publish their advertisement or make use of the service;
  • It is permitted to publish the same advertisement in a maximum of three different cities;
  • It is not permitted to repeat the same advertisement in the same city during the same time period; and
  • It is not permitted to include hypertext links in any advertisement or profile.

Subject to these terms and conditions, we will operate the service in our sole discretion but with the object of facilitating maximum effectiveness in relevant geographical markets.

These Terms of Use are governed by and interpreted in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.