Terms and Conditions
All models depicted on this Website were over 18 when the images were created.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE ADULT CONTENT SUBSCRIPTION SERVICE (“THE SERVICE”) PROVIDED TO YOU, ("YOU", "YOUR"), BY SIMONSCANS DIGITAL MEDIA LIMITED, ("US", "WE", "OUR"), VIA THE WEBSITE AT WWW.SIMONSCANS.COM, ("THE SITE"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. USE OF THE SERVICE INDICATES YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE.
1.1 We may revise these Terms and Conditions at any time by updating the relevant page on the Site. Your continued use of the Service shall be taken to constitute Your acceptance of the then current Terms and Conditions. You must therefore check the Site from time to time to review the then current Terms and Conditions.
2.1 Full details of the subscription process and the fees payable (“the Subscription Fees”) are set in the subscription application page on the Site. The minimum subscription period is one month. You may cancel Your subscription at any time by notice but You acknowledge that Subscription Fees are non-refundable and subscriptions are non-transferable. All payments to Us will appear on your credit card or bank statement against the reference [“SDM”].
2.2 If You opt to take out a periodic subscription the Subscription Fees due for next period will be automatically debited from Your nominated credit or debit card on the business day nearest the end of the current period unless We receive notice of cancellation of the periodic subscription at least seven days before the end of the current period.
2.3 By completing the subscription process You authorize Us to charge You the relevant Subscription Fees using Your chosen payment method. If You opt to take out a periodic subscription the Subscription Fees You authorise us to continue charging until cancellation of the periodic subscription in accordance with Clause 2.2 above.
2.4 Upon expiry or cancellation of Your subscription Your username and password combination will cease to function and You will be unable to access the membership area in Site.
2.5 We shall issue an email receipt for each transaction associated with Your subscription(s). It is a condition of acceptance of Your application for a subscription that You provide us with a working email address.
3 YOUR RIGHTS AND OBLIGATIONS
3.1 You may access the Guest areas of the Site without taking out a subscription or paying any Subscription Fees.
3.2 You may only access the members’ areas within the Site using a valid username and password combination issued to You by Us pursuant to a subscription purchased by You for the duration of that subscription. The members’ areas feature digital images and video material (“the Content”) together with online tools which enable You to navigate, search, display and download the Content.
3.3 Access to the Content is provided on the following basis:
3.3.1 You acknowledge that the Content comprises adult material of an explicit nature;
3.3.2 You may not modify or publish the Content in any way;
3.3.3 You may not access the Service or any of its components using any automated means such as a robot, spider, offline reader or in any other way which leads to more request messages being received by Our servers in a given period of time than a human could reasonably generate in the same period;
3.3.4 You may not interfere with any copyright notice or trade mark notice appearing in the Content.
3.3.5 You may not reproduce or store any Content in any other website or include any Content in any public or private electronic retrieval system or service without Our prior written permission.
3.4 Unless otherwise stated, the copyright and all other intellectual property rights in the Content are owned by Us or Our licensors. We reserve all rights not expressly granted to You in these Terms and Conditions.
3.5 You undertake to keep any username or password issued to You by Us secure and not to divulge the same to any third party. You further undertake not to share Your username or password with any other person nor with multiple users on a network.
3.6 We reserve the right to terminate Your subscription in the event that You are in breach of any of these Terms and Conditions. You undertake to indemnify Us, our employees and associates against any loss or damage suffered by Us, our employees or associates arising out of any breach by You of these Terms and Conditions.
4 DISCLAIMER AND LIABILITY
4.1 We try to ensure that the Service is available 24 hours a day. However, We do not warrant that access to the Service will be uninterrupted or error free and We will not be liable if, for any reason, the Service is unavailable at any time or for any period.
4.2 Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our reasonable control.
4.3 The Service is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We hereby exclude all representations, warranties, conditions whether express or implied, (including implied conditions of satisfactory quality, fitness for purpose or use of reasonable care and skill), in relation to the Service.
4.4 WE HEREBY EXCLUDE TO THE FULLEST EXTENT PERMISSIBLE BY LAW ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU, (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT, CONTRACT OR OTHERWISE), IN CONNECTION WITH THE SERVICE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE. OUR MAXIMUM LIABILITY TO YOU SHALL IN NO CIRCUMSTANCES EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO US IN THE 12 MONTHS IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO LIABILITY.
4.5 Nothing in these Terms and Conditions shall exclude or limit Our liability for:
4.5.1 death or personal injury caused by Our negligence, (as such term is defined by the Unfair Contract Terms Act 1977);
4.5.2 fraud; or
4.5.3 any other liability which cannot be excluded or limited under applicable law.
4.6 Links to third party websites displayed on the Site are provided solely for Your convenience. We have not reviewed any third party websites and We do not control them, their content or their availability. We do not endorse or make any representations about any third party website. If You choose to access any third party website linked to the Site, You do so entirely at Your own risk.
5.1 Any formal legal notices should be sent to Us by email to [email@example.com] and confirmed by post to the postal address given on the Site.
5.2 A failure by Us to enforce any rights We may have under these Terms and Conditions shall not operate as a general waiver nor will it prevent Us from enforcing any such right in future.
5.3 We may assign these Terms and Conditions or any part of them to any third party without notice to You. You may not assign or transfer Your rights under these Terms and Conditions.
5.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England.