BBW MEETING TERMS AND CONDITIONS OF SERVICE
This “Website” (“Website”) is owned and operated by BBW Meeting and trading as “BBW Meeting” (“BBW Meeting”) and “BBWMeeting.com” (“BBWMeeting.com”) a global Big Beautiful Women and Big Men dating community “Website” (“Website”) for people, whose intention is to find a suitor anywhere in the world. Located at “www.bbwmeeting.com” (“www.bbwmeeting.com”). These “Terms and Conditions” (“Terms and Conditions”), which is a legal document, sets out your rights and obligations and those of BBW Meeting with respect to this Website and the “Services” (“Services”) offered by us through it. References to “we” or “us” or “our” are references to BBW Meeting and references to “you” or “your” are references to the person(s) using this Website. Any references to “Content” or “Contents” are references to all text, graphics, logos, photographs, images, moving images, sound, illustrations, trademarks, messages and other materials featured, displayed or used or to be featured, displayed or used in or in relation to a “Personal Profile” (“Personal Profile”), “Advertisement” (“Advertisement”) or other Services which is posted onto or otherwise transmitted through this Website.
2. Commencement and Duration
Unless it is terminated earlier in accordance with these Terms and Conditions, the Contract will continue with respect to each of the Services, the duration stated in the registration form for such Services, such duration commencing on the
Effective Date (means the date on which the Services are first provided by us to you or made available to Customers).
There are two (2) types of members. The “Free Member” and “Paid Member”.
3.1 As a registered Free Member you:
3.1.1 must be at least 18 years of age or older, depending on your jurisdiction;
3.1.2 may post a Personal Profile to appear on BBWMeeting.com;
3.1.3 may send and receive electronic mail messages, which will be sent to the electronic mail address contained in your “Account Information” (which you provided during registration and which may be updated subsequently), notifying you of messages sent by Members which can be viewed in the Message Centre on the Website;
3.1.4 may post messages to profiles, groups, forums and blogs that we make available through the Services; and
3.2 As a registered Paid Member in addition to Free Member Services above you:
3.2.1 may participate in real-time interactions through chat rooms and instant messaging that we make available through the Services;
4. Our Obligations
4.1 Subject to these Conditions, we shall grant you a limited revocable and non-exclusive licence to use BBWMeeting.com; and provide or procure the provision of the Services using the reasonable skill and care of a competent provider of Services of the types of Services ordered.
4.2 BBWMeeting.com is a member of our network of websites. In order to expand the availability of profiles on our network of websites and increase the potential for matches by our customers, profiles may be shared with other websites within the our network. By posting or maintaining a profile on this or any our network of websites, you agree and consent that your profile shall be subject to placement on our other network of websites, at our sole and exclusive discretion and without further notice.
4.3 You, acknowledge and agree that as a Member or a non-Member, that we are not and cannot be held responsible for the behaviour of Members on our Website. We only provide a platform where our Services may be accessed. Furthermore, you should note that we do not screen or monitor the Content contributed by Members.
5. Your Obligations
5.1 We take stringent measures to ensure that no unauthorised or prohibited use is made of our Website and that our intellectual property rights are not infringed. Subject to these Conditions, you shall pay our fees for each Paid Member Services you have subscribed to in accordance with Clause 6.
5.2 When you register for our Services and are asked to provide information about yourself in the course of doing so, you must provide information about yourself that is not misleading. Similarly, if you are asked for, and provide, details of a credit, debit or charge card, you must ensure that:
5.2.1 you are fully entitled to use that card, and;
5.2.2 that it has sufficient funds available to cover the charges which are deducted from it.
5.3 During the registration process for the BBW Meeting Services, you will receive a verification electronic mail, the purpose of which is to take reasonable steps to ensure that the electronic mail address you have provided during registration is controlled by you. That electronic mail contains simple instructions which you must follow.
5.4 You must ensure that your electronic mail address in your Account Information is kept up-to-date and that you have full control of it to enable us to send you important messages. If you change electronic mail address, then you must inform us of the new address through your Account Information;
5.5 In order to use our Services, you must have internet access and all the software and knowledge required for electronic mail and internet usage.
5.6 You acknowledge and agree that our Services are intended to be used by Members for the purposes specified in Clause 3. As a result, Members must not:
5.6.1 post any personal information (to safeguard against for example, without limitation, personal security and identity theft) which include without limit: electronic mail address, telephone number, postal address, and website address; and
5.6.2 use any of our Services, through information collated from it, for the sending of unsolicited bulk electronic mail (sometimes known as spam); or
5.6.3 post Content on, or otherwise use, our Services for any business or commercial purpose (including, without limit, canvassing, soliciting or prostitution) or for non-private purposes;
5.6.4 intended to defraud, swindle or deceive other members of the Services;
5.6.5 promote or solicit involvement in or support of a political platform, religion, cult, or sect;
5.6.6 disseminate another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes; or
5.6.7 others’ copyrighted Content (including, without limit, music, movies, videos, photographs, images, software, etc.) without obtaining permission first; or
5.6.8 contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
5.6.9 collect or solicit personal information about anyone under 18;
5.6.10 conduct off-topic, meaningless, or otherwise activities intended to annoy or interfere with others’ enjoyment of our Website;
5.6.11 impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
5.6.12 solicit gambling or engage in any gambling or similar activity;
5.6.13 promotes or enables illegal or unlawful activities, such as
instructions on how to make or buy illegal weapons or drugs.
5.7 You acknowledge and agree that you are responsible for ensuring that Content
you post, or which is posted through a machine on which you access our Services,
or any activity or communication you make in relation to our Services, will
5.7.1 infringe the intellectual property rights or other rights of any person or
5.7.2 be, without limitation, harmful, abusive, threatening, harassing,
defamatory, racist, discriminatory, obscene, vulgar, pornographic, false,
libellous, unreliable, misleading, invasive of other’s privacy, or in our
reasonable opinion otherwise objectionable; or
5.7.3 breaching any applicable law, whether criminal, tortuous or otherwise.
5.8 The following uses of our Website are prohibited:
5.8.1 using our Website for any purpose that is unlawful in the jurisdiction
from which such access is made;
5.8.2 using our Website in a way which damages its operation;
5.8.3 interfering with or modifying any part of our Website;
5.8.4 using our Website for creating, amending, verifying, or updating your own
databases, records, customer lists or mailing lists or those of a third
5.8.5 using our Website in such a manner that imposes an unreasonable or
disproportionably large load on our infrastructure, as determined by us in our sole discretion; and/or
5.8.6 using any form of automated device or computer program (including, without
limit, agents, scripts, robots, spiders, viruses, time bombs, trojan horses,
cancel bots, worms or other harmful, or disruptive codes, components or devices):
126.96.36.199 to monitor or copy our Website or its Content or bypass our services or to interfere or attempt to interfere with the operation of our
188.8.131.52 that enables the submission of Content without each posting being
manually entered by you, including without limit any device to post Content in
bulk or for automatic submission at regular intervals; or
184.108.40.206 is in any way used for or in connection with spamming, spimming,
phishing, trolling or similar activities.
5.9 We do not screen or monitor Content prior to posting by Members on to
our Website, as a result we rely upon you the Member to alert us of any such
Content that breaches these Conditions by the use of the contact form on our Website.
6.1 You will be advised of the membership fee payable when you register as a
Paid Member, as will the duration and the terms of payment.
6.2 We reserve the right to alter the amount or the basis of the calculation of
our fees charged under these Conditions periodically, provided that such amount
or basis is clearly stated at the time when you agree to take the relevant
6.3 Fee payment shall mean the receipt by us at our principal place of business
(or elsewhere as specified by us) the crediting to our bank account money
transferred electronically through a third party payment processor or through
the clearing bank’s BACS system. We may withdraw any method of payment at any
time without notice to you.
6.4 We occasionally offer promotional trial memberships to Paid Members at
special discounted prices. Members that sign up for such trial memberships will
be automatically renewed at the normal membership rate at the end of the trial
period, unless the Member cancels before the end of the trial.
6.5 If any reduction is made available to you in respect of a promotional offer
on a membership and you continue to meet all the terms of eligibility relating to
that promotional offer then the fees shall be reduced by the amount shown but
not otherwise. Terms of eligibility of promotional offers will be made available
6.6 Fees paid by a Paid Member will not be refunded by us unless under Clause
8, we withdraw part of, or all of a particular Service for which you have
registered for, or all of the BBWMeeting.com Services itself, then you may be
entitled to a refund of your membership fee for the remainder of the one (1)
month only, one (1) monthly, or
three (3) monthly, or six (6) monthly, or twelve (12) monthly, or lifetime period to which
that fee relates. We shall not refund any part of the membership fee to Paid
Members, unless as provided in this Clause 6.
6.7 We may offer new or ancillary services occasionally which require the
payment of fees either to us or a nominated third party based on terms which
will be provided to you at the time.
When you register as a
Paid Member and pay our membership fee, you are
agreeing to take the membership we make available to you immediately after that fee
is paid. This means that you do not have the right to cancel your membership
during the normal seven (7) days cooling-off period which is provided for certain purchases
under the British and European Union Consumer Protection (Distance Selling) Regulations 2000.
8. Changes to the Services
8.1 We are committed to continuing service improvements. Notwithstanding our
right to suspend or terminate the Services in accordance with Clauses 9 and 11,
we reserve the right to modify our Services and BBWMeeting.com at any time without
giving you prior notice but in doing so we will endeavour not to materially
diminish the overall functionality and value of the Services or BBWMeeting.com.
8.2 We may occasionally modify these Conditions. Unless we are acting because of
a legal requirement or a court order, we will post a notice on BBWMeeting.com no
less than seven (7) days before the proposed amendment becomes effective.
8.3 We may offer new or added services through
BBWMeeting.com occasionally. Your
use of those services may be subject to additional Conditions, or rules of use,
which you must comply with. Any failure by you to comply with a material
provision of the Conditions or rules governing such additional services, will
amount to a material breach of this Contract which may lead to termination of
9. Limitation of Liability
9.1 We will endeavour to ensure the availability of Services at all agreed times
but you acknowledge and agree that computer and telecommunications systems are
not uninterrupted or error-free and we do not make any representation or
warranty in relation to such systems. You further acknowledge and agree that
occasional periods of downtime for repair, maintenance and upgrading may be
required and we cannot therefore guarantee uninterrupted provision of Services.
9.2 We may in our discretion decline to publish, or we may edit, omit or suspend
all or part of your Content, without your prior permission and whether or not we
have previously accepted it for publication on BBWMeeting.com. We have no
obligation to publish or display your Content on BBWMeeting.com or at all and we
will have no liability for our refusal or omission to do so for any reason.
9.3 You acknowledge and agree that we make no warranty and give no
representation of any kind in relation to third party data and we accept no
responsibility or liability for inaccuracy in or arising out of third party data
and which may be used to assist in the provision of Services by us and which may
be displayed on the BBWMeeting.com website or otherwise by us.
9.4 You acknowledge and agree that we make no warranty and give no
representation of any kind that BBWMeeting.com or any of our Services will be
error-free, free of viruses or other impairing or harmful components. We will
endeavour to ensure that errors do not impair Services and we will run
commercially available virus detection and correction software.
9.5 You acknowledge and agree that
BBWMeeting.com may contain links to other
websites provided by independent third parties. We make no warranty and give no
representation whatsoever concerning the Content of those sites and the fact
that we provide a link to a particular site is not an endorsement, sponsorship,
authorisation, or affiliation by us in relation to such sites, its owners or its
9.6 Nothing in the Contract shall limit or exclude liability in respect of death
or personal injury caused by negligence, or fraudulent misrepresentation.
9.7 Unless as provided in this Clause 9, we shall have no liability, to the
maximum extent permitted by applicable law, for any of the following losses or
damage (whether such losses or damage were foreseen, foreseeable, known or
9.7.1 loss of revenue;
9.7.2 loss of actual or anticipated profits (including for loss of profits on
9.7.3 loss of anticipated savings;
9.7.4 loss of business;
9.7.5 loss of opportunity;
9.7.6 loss of goodwill;
9.7.7 loss of reputation;
9.7.8 loss of, damage to or corruption of data or software;
9.7.9 wasted expenditure; or
9.7.10 any indirect or consequential loss or damage howsoever caused (including,
for the avoidance of doubt, where such loss or damage is of the type specified
in Clauses 9.7.1 to 9.7.9).
9.8 Except as specified expressly in this Clause 9, the limitations on and
exclusions of liability for damages in the Contract apply regardless of whether
the liability is based on breach of Contract, tort (including negligence),
strict liability, breach of warranties, restitution or any other legal theory.
9.9 Except as provided in Clause 9.7, our entire liability under the Contract
shall not exceed the total fees paid by you for the Service(s) that is the
subject of the claim.
9.10 All conditions and warranties stated in the Contract are in lieu of all
other conditions, warranties or other terms concerning the supply or purported
supply of, failure to supply or delay in supplying the Services which but for
this Clause 9.10 have effect between us and you or would otherwise be implied
into or incorporated into the Contract, whether by statute, common law or
otherwise, all of which are hereby excluded to the maximum extent permitted by
law (including, without limitation, the implied conditions, or warranties).
9.11 Except as set out in the Contract, if we fail to comply with our
obligations under the Contract as a result of an event outside of our reasonable
control, we will have no liability to you as a result of such failure. We will
promptly notify you as soon as reasonably practicable (and in any case, within
fourteen (14) days) and we will take all reasonable steps to eliminate or
mitigate the consequences of such an event, and where relevant, resume
performance of our obligations affected by that event as soon as practicable.
You will at all times and on demand fully indemnify us and keep us fully
indemnified from and against any claims, threatened or made against us arising
as a result of your non-compliance with any of your representations, warranties
or obligations set out in the Contract.
11. Suspension of the Services
11.1 Without prejudice to any other rights we may have, we reserve the right to
suspend the Services in whole or part, and without notice, in situations where
we, in our reasonable opinion, consider your posted Content or other material
(including a website link) is unlawful, offensive, prejudicial, misleading, or
inflammatory; and/or is likely to expose us to claims or liability, lead us into
prosecution, criticism, or disrepute or cause us embarrassment; and/or
11.1.1 infringes on our rights or the rights of third parties or if the posting
of a Content or other material does or would, in our reasonable opinion, be
likely to mislead, offend, or disbenefit a Member or otherwise misrepresents
the nature of the Content; or
11.1.2 you repeatedly post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our infrastructure; or post the
same Content in more than one account; or
11.1.3 using any form of automated device or computer program (including,
without limit, agents, scripts, robots, or spiders):
220.127.116.11 to monitor or copy our Website or its content or bypass our services or
to interfere or attempt to interfere with the operation of our Website;
18.104.22.168 that enables the submission of Content without each posting being
manually entered by you, including without limit any device to post Content in
bulk or for automatic submission at regular intervals; or
11.1.4 you fail to pay our fees in accordance with Clause 6; or we have
reasonable grounds to believe that the rights’ owner of any Intellectual
Property Rights within your Content or material has withheld, withdrawn or
failed to give permission for your use of the same.
11.2 The period during which we may suspend the Services will continue until the
circumstances giving rise to our right to suspend the Services ceases to subsist
or until the Contract is terminated in accordance with Clause 13.
11.3 In the event we take action under Clauses 11.1 to 11.3, you will continue
to be obliged to pay any fees owing or that arise during the period when the
Service(s) are suspended.
12. Intellectual Property Rights
12.1 You warrant that you are the owner of all Intellectual Property Rights in
any Content posted or transmitted though our Services; or
you have been duly authorised to use such Intellectual Property Rights and to
allow us to use them on your behalf;
and you hereby grant us a worldwide royalty free right to use such Intellectual
Property Rights for the purpose of providing the Services including without
limitation the right to publish, hold, reproduce, adapt, modify transmit and
disclose any Content; and
authorise us to adapt the relevant material in the course of doing so, waive
your moral rights to object to any derogatory treatment, or to be identified as
the author, of the material in question.
12.2 Where Content posted by you comprises in whole or in part material
that has previously been published in other media such as, by way of example and
not limitation, social networking websites, you warrant that you have all
rights, authority, licences and consents necessary to the reproduction of that
material on BBWMeeting.com.
12.3 We reserve the right to:
disclose to persons we reasonably consider to be
the owner of Intellectual Property Rights in Content posted or transmitted
though our Services; or
your intention to use such Intellectual Property Rights and you hereby give your
irrevocable consent to such disclosure; or
ask you to provide us with suitable documentary evidence that will reasonably
satisfy us of your entitlement to make use of Intellectual Property Rights, and
to permit us to make use of Intellectual Property Rights on your behalf, and you
hereby agree to provide such evidence upon request.
12.4 Nothing in these Conditions provides for any transfer or assignment of
ownership of any Intellectual Property Rights. We own all Intellectual Property
Rights in BBWMeeting.com.
13. Termination of the Contract
13.1 The Contract for lifetime Services will not terminate and will continue
indefinitely from the Effective Date on which you make payment to us. If you
cancel any of the Services at anytime, we will not refund any payments made in
respect of the remainder of the lifetime period.
13.2 The Contract for annual Services will terminate upon an initial period of
twelve (12) months from the Effective Date on which you make payment to us.
Thereafter, the Contract will renew for additional periods of twelve (12) months
on payment by you of a renewal fee. If you cancel any of the Services other than
at the end of a twelve (12) month period, we will not refund any payments made
in respect of the remainder of the period.
13.3 The Contract for non-annual Services will terminate upon the completion by
us of the Services you have subscribed to and receipt of payment in cleared
funds from you of all fees that are due in relation to them.
13.4 The Contract for six (6) monthly Services will terminate upon an initial
period of one hundred and eighty (180) days from the Effective Date on which you
make payment to us. Thereafter, the Contract will renew for additional periods
of one hundred and eighty (180) days on payment by you of a renewal fee. If you
cancel any of the Services other than at the end of a one hundred and eighty
(180) days period, we will not refund any payments made in respect of the
remainder of the period.
13.5 The Contract for three (3) monthly Services will terminate upon an initial
period of ninety (90) days from the Effective Date on which you make payment to
us. Thereafter, the Contract will renew for additional periods of ninety (90)
days on payment by you of a renewal fee. If you cancel any of the Services other
than at the end of a ninety (90) days period, we will not refund any payments
made in respect of the remainder of the period.
13.6 The Contract for one
(1) monthly Services will terminate upon an initial period of
thirty (30) days from the Effective Date on which you make payment to us.
Thereafter, the Contract will renew for additional periods of thirty (30) days
on payment by you of a renewal fee. If you cancel any of the Services other than
at the end of a thirty (30) days period, we will not refund any payments made in
respect of the remainder of the period.
13.7 The Contract for the one (1) month only trial period Services will
terminate upon an initial period of thirty (30) days from the Effective Date on
which you make payment to us. If you cancel any of the Services other than at
the end of a thirty (30) days period, we will not refund any payments made in
respect of the remainder of the period.
13.8 Without prejudice to Clauses 8 and 9, we reserve the right to terminate the
provision of Services or part thereof by providing you with not less than
fourteen (14) days notice of such termination. In the event of such termination,
you will be entitled to a refund of that part of any fee you have already paid
to us and which relates to a period after the date that the services or part
thereof have terminated.
13.9 We may terminate all or part of the Services with immediate effect by
giving written notice to you if:
13.7.1 you commit a material breach of any Contract provision, or a series of
breaches of the Contract which in combination amount to a material breach of the
Contract, provided that in the case of a breach which is capable of remedy you
fail to remedy the breach within 14 days of receiving a written request to do
13.7.2 we suffer from any event or circumstance beyond our reasonable control or
which we could not reasonably be expected to have taken into account at the date
of the Contract, and which results in or causes our failure to perform any or
all of our obligations under the Contract (including, without limitation, any
act of God, fire, storm, lightning, flood, earthquake, war declared or undeclared,
threat of war, act of the public enemy, terrorist act, blockade, revolution,
civil commotion, riot, insurrection, industrial action, public demonstration,
strike, sabotage, explosion or act of vandalism).
14. Disclaimer and Release
14.1 We provide the
BBW Meeting Services on an ‘as is’ or ‘as available’ basis.
While we endeavour to ensure the accuracy of the information provided on
14.1.1 cannot be liable or responsible for the outcome of any meeting with or
relationship formed with another Member;
14.1.2 do not warrant or guarantee the accuracy, reliability or legality of any
information contained in BBWMeeting.com;
14.1.3 disclaim all or any warranties, express or implied, relating to
or any other products or Services, including in particular any warranties of
satisfactory quality or fitness for a particular purpose;
14.1.4 will not be liable under any circumstances whatsoever for any direct,
indirect, consequential, punitive or special damages arising from the use of
14.1.5 we reserve the right, at our discretion, to occasionally make changes to
the information provided on BBWMeeting.com. You are, therefore, advised to check
the information provided to you through BBWMeeting.com. Any reliance that you
place on the accuracy of that information is at your own sole risk.
14.2 Members are generally prohibited from providing information, or otherwise
behave, in a way that is unreliable, misleading or even illegal. Nevertheless,
you should note that Members may not necessarily be who they say they are and
you should accordingly, exercise no lesser degree of caution in appraising what
you see on the BBW Meeting Service than you do elsewhere.
14.3 To the extent that the law permits, you release
BBW Meeting, its directors,
contractors and employees from all liability (including in relation to disputes
with other Members) arising out of your use of a third party website or arising
out of or in connection with our Services and the Content or other material
posted or transmitted by Members and other third parties.
the event that you have any claim or action against any other Member arising
from that member’s use of our Website 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.
14.5 In the event that a claim or action is brought against us from your
activities or use of the Website or the Service, including any breach by you of
these Terms and Conditions 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 at our discretion.
14.6 You should not assume that we recommend any particular product or service,
even though we make details of it available. If any products or services bought
through BBWMeeting.com are unsatisfactory, we shall bear no responsibility; the
supplier of the goods or services should be contacted directly.
15.1 We reserve the right to assign this Contract, and to assign or subcontract
any or all of our rights and obligations under this Contract. You shall not
assign or otherwise dispose of all or any of your rights or obligations under
the Contract without obtaining our prior written consent.
15.2 Failure of either party to assert its rights in relation to any breach of
the Contract shall not constitute a waiver of such rights, nor will any such
waiver be implied.
15.3 Each provision of these Conditions shall be construed separately and shall
be severable from these Conditions. If any provision of these Conditions (or
portion thereof) is invalid, illegal or unenforceable, the validity, legality or
enforceability of the remainder of these Conditions will not be affected or
15.4 The headings of these Conditions are for convenience only.
15.5 Any communication to be given in connection with the matters contemplated
by the Contract shall, except where expressly provided otherwise, be in writing
and shall either be delivered by electronic mail (e-mail), hand or sent by
pre-paid post. Delivery by courier shall be regarded as delivery by hand. Any
notices served under the Contract shall be deemed to have been served as
if personally delivered to the registered office of one of the parties, on
if sent by pre-paid post, after the same was delivered to the postal
15.6 Each party agrees that in entering into the Contract it has not relied 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 the Contract or not) other than as expressly set out in the Contract
for which its sole remedy shall be for breach of Contract under the terms of the
Contract. Nothing in this Clause shall, however, operate to limit or exclude any
liability for fraud.
15.7 A person who is not a party to the Contract shall have no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
15.8 The Contract constitutes the entire agreement between you and us with
respect to the subject matter hereof, and supersedes all prior discussions,
agreement or understanding between you and us.
16. Jurisdiction and Governing Law
The Contract is made and shall be subject to the Laws of England and Wales and
the parties submit to the exclusive jurisdiction of the Courts of England and