Welcome to NewYork-Massage.com or 'the site', a service provided by Web Geek Enterprises Ltd. You must read and agree to these terms of service before you register as a user ('member' or 'user'). Please read them carefully. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. However you will also be notified by site based posting or email when changes are made. These terms of service constitute the contract between the site and you the user.
Declaration. It is possible that other NewYork-Massage.com Members or users (including unauthorized users, or 'hackers') may post or transmit offensive or obscene materials on the site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. The site is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the site or release to others.
Eligibility. You must be eighteen or over 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 that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms of service and that you are at least 18-years old or you are at least the age of majority where the territory in which you reside has a age of majority more than 18.
Disruptions. This site may have the service it provides disrupted for many varying reasons. On such occasions remedy will be made as laid out in the Fees/Termination clause of this contract.
Massage. It is possible through the improper use and practice of massage to cause temporary and/or permanent bodily injury. Users of this site are not vetted for competency to practice massage of any type and as a user you accept that you may sustain injury when participating in massage practices with another site user. By engaging in massage practices with any other site user you accept that you have been satisfied that that person is competent to carry on such practices. You further accept that except in case of malicious intent or deception by any other site user you will not hold liable that user for any injuries you sustain by them.
Massage Exchange. Your agreement to exchange massage with any other site user is an agreement between that user and you and as such is a separate contract from this one in terms of contract fulfilment. You are advised to satisfy yourself that the terms under which you individually agree to exchange massage with each other site user are acceptable to you. You agree that should there be any dispute between you and another user, you accept that NewYork-Massage.com is not liable in any way. Where another site user has failed on their agreement with you, you should advise NewYork-Massage.com by emailing us at admin@NewYork-Massage.com with the details, in order that we can properly maintain good and proper use of this site.
Fees/Termination. NewYork-Massage.com's usage and/or subscription fees were provided to you upon registration and may change from time to time. If changes do occur, your subscription current at that time will remain valid until its expiry. The site reserves the right to terminate your access to the site for any reason or no reason. The site may terminate your membership upon sending notice to you at the email address you provide in your membership registration or such other email address as you may later provide to us. If New York Massage | Massage Exchange in New York terminates your membership to the site's service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, parts relevant to the protection of the site's members, the site's commercial integrity and the site's general protection, of this agreement remain effective. The services of a paid membership include access to members' full profile's and access to the site's internal messaging tool. On first access to the site after an upgrade you agree that the services of the site have been rendered and cannot be returned in the same condition as provided and as such are not refundable. After payment for an upgrade you have 14 days to cancel and request a refund where you have not subsequently accessed the site. Where the service provided by the site is withdrawn or unavailable temporarily to members as a result of site based error, downed hosting, infection by virus or the like etc, in which case members will be credited with the proportional amount of time to their subscription periods for the time during which the site was not fully operable. Time periods will be rounded up to the full day. If the majority of the services provided by the site are permanently withdrawn you will be due a credit equal to the amount paid for the current subscription period less the amount that would have been paid for the expired portion of that subscriptions period.
Guaranteed Partnership Memberships. Some membership upgrade options may be advertised specifically as being 'GUARENTEED PARTNERSHIP MEMBERSHIPS'. These upgrade options are each provided with their own number of guaranteed partnerships. A partnership is defined as a massage exchange on at least one occasion with a member or the exchange of external contact details (email addresses, telephone numbers addresses etc) with another member. Multiple exchanges with the same member are defined as one partnership. Massage exchanges do require the exchange of contact details for practical reasons, sometimes arrangement for the exchange fails. The site is not able to monitor such failures and the member accepts this. Any provision of external contact information will therefore also be considered as a successful partnership with that member. If you are not successful in finding the defined number of partnerships within the period of the upgraded membership you may apply via the site's Contact Us page for an upgrade extension. Such applications may be made up to 31 days after the expiry of the current upgraded period. An email will be sent (receipt can not be guaranteed) as advise that your paid period is has ended but members are required to monitor the expiry status of their accounts for themselves. The site's admin will then review your internal messages to see if an extension is warranted and will apply extra time to your paid period so far as is needed for the fulfilment of the partnership guarantee in force. Reapplications for upgrade extensions may be made as is necessary.
Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavours, except where the member has purchased a commercial membership. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, 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 Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Monitoring. We reserve the right to monitor all communications sent from or received within the site for all reasonable administrative purposes. If the site so wishes it may remove any content for reason including but limited to a breach of this agreement.
Content provided by you. By posting Content to any area of the site accessible to users in general, you automatically grant, and you represent and warrant that you have the right to grant, to the site 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. If you are not a subscribed user of the site you will not attempt to provide to other users any of your contact details which would allow contact outside of the site. Such details including but limited to; email address, street addresses, telephone numbers, urls and names.
Proprietary Rights in Content on NewYork-Massage.com. The site owns and retains all proprietary rights in the site and the Service. The site contains the copyrighted material, impending trademarks, and other proprietary information of the site, and its licensors. Including information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, unless you have been given specific written permission.
Content sharing. All content including but not limited to photos, personal information, profile information, preferences and messages provided by the member shall be shared with other massage exchange partner sites. Members found on this site may have originally registered via at other massage exchange partner sites.
Message limits. In order to reduce spam, message limits will be imposed and could change from time to time. The minimum number of messages allowed per day will be 20.
Restrictions and Limitations. You will not use the site to:-
a) forward chain letters
b) infringe the privacy rights, property rights, or any other rights of any person
c) distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services
d) distribute or up load any virus, Trojan horses or do anything else that might cause harm to the site whether intention or not
e) post messages, pictures or recordings or use the Service in any way which:
i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
ii) is fraudulent or otherwise unlawful or violates any law.
f) upload to the site or distribute to any other member(s) any content which may reasonably be considered as offensive, abrasive, belligerent or containing explicit nudity.
g) upload content to your profile providing methods for communication outside of the site.
Indemnity by Member. You will defend, indemnify, and hold harmless NewYork-Massage.com, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the NewYork-Massage.com service including the actual exchange of massage and including any breach by you of the terms of this Agreement.
Account status. Your account will considered as 'active' until:
a) you cancel it
b) (EU, UK and Switzerland only) 6 months after we have established that we can no longer contact you by email and you have not logged in and you have never upgraded your account.
The personal information of inactive accounts will be removed within 30 days. Accounts blocked for reasons of violation of these terms of service or for association with possible payment fraud will not be removed to allow for the possibility of legal investigation.
Complaints. To resolve a complaint regarding the site, you should first contact Customer Support via the site's contact page.
Other. This Agreement, accepted upon use of the site and further affirmed by becoming a Member of the Site, contains the entire agreement between you and NewYork-Massage.com regarding the use of the site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Web Geek Enterprises Ltd, in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Disputes. This contract is written under the laws of the United Kingdom and all disputes arising from it shall be settled in accordance with U.K law by a UK court.
Notices/Other: Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Web Geek Enterprises Ltd. 27 Old Gloucester Street, London WC1N 3AX, UK