You must read and agree to these terms and conditions (hereafter referred to as the terms of use) before you are entitled to access, view or become a registered user or member of this site. Please read the terms of use carefully.

By visiting Australian SexSpy and continuing to view its content you are agreeing to be bound by the terms of use.

The terms of use are subject to change at any time, and changes are effective upon them being posted on the website (www.sexspy.com.au hereafter referred to as the site). It would be prudent for you to visit this page from time to time to acquaint yourself with any changes in the terms of use that may have occurred since you joined the site or last visited this page.

Law.

This site is subject to the laws of Western Australia. Neither Australian SexSpy nor its parent company, its directors, employees or agents (hereafter collectively referred to as Australian SexSpy) warrant that any content on its website meets the relevant standards of any other jurisdiction.

It is your responsibility to ensure that it is lawful in your jurisdiction to view Australian SexSpy and at its content.

You agree that the courts of Western Australia have sole jurisdiction to determine any legal proceedings involving Australian SexSpy.

If any provision of this agreement is held invalid the remainder of this agreement shall continue in full force and effect.

Eligibility.

You must be 18 years or over to register as a user or become a paid subscription member of this site or to view it’s content. By using or viewing the site, you represent and warrant that:

1. You are at least 18 years of age; and,
   
2. It is lawful for you to view adult content of the type provided by Australian SexSpy where you are viewing the site; and,
   
3. You wish to participate in the online community provided by Australian SexSpy in a manner that is consistent with the goals and values of an online community, which respects an individual's right of self-determination in matters of a sexual nature; and,
4. You will not breach any of the laws of Western Australia whilst accessing Australian SexSpy; and,
   
5. You will not allow any minors (those under the age of 18 or under the age prescribed by the law where you are accessing the site, which may be above the age of 18) access to the site and will take all reasonable steps to ensure that minors who have access to your computer, are not able to access the site; and,
   
6. You have never been convicted of a violent or sexually related criminal offence.

General Content.

Australian SexSpy is an Adults only site, which intends to enable bona fide singles, couples and groups to contact other consenting adults who are looking to meet people for a shared relationship or sexual experience, either online or in person.

Australian SexSpy is an adult site containing frank discussions and themes of an adult nature. It also contains pictures and video images that may be of a graphic nature depicting nudity and flagrant sexual activity involving people who are 18 years or older.

Australian SexSpy does not guarantee, warrant or in any way accept liability for the veracity of any content, including user profiles, posted by any of the members of the site.

The types of sexual activity described and depicted in the site may be heterosexual, homosexual or group orientated.

Australian SexSpy claims the right to censor any content uploaded by members of the site. In doing so Australian SexSpy claims the right to delete or modify any content, message, photo or profile that in the sole judgment of Australian SexSpy is inappropriate as being offensive, illegal or not in the spirit of the site.

Users, registered users and/or members are solely responsible for the content that they upload, publish or display on the Australian SexSpy site, or transmit to other Australian SexSpy users, registered users and/or members. Users, registered users and/or members agree to hold Australian SexSpy blameless in relation to any content they find offensive.

Users, registered users and/or members warrant that they will indemnify Australian SexSpy for any costs, including legal costs related to any content the member uploads, publishes or displays on the Australian SexSpy site, or transmits to other Australian SexSpy users, registered users and/or members.

Australian SexSpy does not control the information provided by other users of the site that are made available through its systems. You may find other users’ information to be offensive, harmful, inaccurate, dishonest, misleading or deceptive. Please use caution, common sense and have a regard to your personal safety when using our site. You are solely responsible for your interactions with other Australian SexSpy users, registered users and/or members.

Offensive and Prohibited Content Or Behaviour

Casual users, registered users or members of Australian SexSpy agree to:

• Refrain from posting any of their direct contact details including e-mail addresses, telephone numbers, message services or other forms of contact details in their profiles or in any posts they make on the site.
• Refrain from posting any form of illegal content, including child pornography and descriptions or representations involving bestiality.
• Refrain from racist, bigoted, threatening, abusive or other antisocial behaviour or posting such content on the site or in chat rooms or any instant messaging feature.
• Refrain from harassing other users, registered users and/or members of the site with spam, junk mail or chain letters.
• Refrain from publishing copyrighted material without permission to do so from the owner of the material.
• Refrain from creating "bogus" profiles that do not accurately describe you, your gender, or sexual orientation or any combination thereof.
• Refrain from promoting other internet sites or business/es on the Australian SexSpy site, or through any e-mails sent via the Australian SexSpy site.
• Refrain from spreading viruses or using any robot/spider or other automatic device or manual process to monitor or copy the Australian SexSpy site pages or the content contained therein without Australian SexSpy's prior written permission.
• Refrain from advertising or soliciting other users, registered users and/or members to buy or sell any product and services through the site.
• Refrain from behaving in a manner, which a reasonable user, registered user and/or member of Australian SexSpy would consider to be offensive, and not in the spirit of the site.
  

Australian SexSpy retains the right to cancel without compensation the registration or membership of any registered user and/or member who, in Australian SexSpy's sole discretion, acts in breach of any of the matters listed above. In addition, in the context of any illegal activity, Australian SexSpy will cooperate with any investigation carried out by a competent State or Federal prosecuting authority.

In particular Australian SexSpy will assist any State or Federal prosecuting authority in cases where identity theft is alleged and will provide, upon receipt of the appropriate warrant or other judicial order, the IP address, date and time as to when a "bogus" profile or pictures were uploaded.

Copyright And Passing off

Australian SexSpy owns and retains proprietary rights in the Australian SexSpy brand. In addition the site contains copyrighted material, trademarks and other intellectual property belonging to Australian SexSpy. Users and/or members may not copy, modify, publish, transmit, distribute, perform, display, link to, frame, pass off or sell any such intellectual property without the prior written consent of Australian SexSpy.

Fees/Auto-renew/Termination/Refunds

Australian SexSpy's subscription rates were provided to you upon registration and may change from time to time. Your current subscription will not be affected by any fee rises until your next renewal. Otherwise any of the changes are effective upon posting.


Please note that Australian SexSpy reserves the right to terminate your access or membership to the site at its absolute discretion. If Australian SexSpy terminates your membership of Australian SexSpy because you have breached these terms of use, you will not be entitled to any refund of any unused subscription fees. If you request an early termination of your membership and/or registration, you will not be entitled to any refund of any unused subscription fees.

Any or all features published as being available for any particular membership subscription level should be regarded as individual features and one individual feature does not constitute the entire subscription membership level. Should any individual feature of any particular membership subscription level become unavailable to you because of either technical difficulties or that your ability to access an individual feature be revoked from you, by Australian SexSpy, at its sole discretion, because you have breached any of these terms of use, you will not be entitled to any unused subscription fees.

In the event this agreement is terminated, certain provisions will remain in effect.

Users and Members Disputes

Because Australian SexSpy is not involved in user or member interactions, in the event that you have a dispute with one or more users or members or those who have posted, viewed, or used information on the Australian SexSpy site, you agree to release Australian SexSpy from all claims, demands and damages of any kind and nature arising out of or in any way connected with your dispute with other users or members.

Australian SexSpy reserves the right, but has no obligation, to monitor any dispute between you and other users or members.

Australian SexSpy's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent of similar breaches.

Disclaimers

Australian SexSpy disclaims all liability to the fullest extent of the law. In particular users and members of Australian SexSpy agree that Australian SexSpy:

• Is not responsible for any incorrect or inaccurate content posted or transmitted on the site or sent via any emails.
• Is not responsible for any failure of the Australian SexSpy service, whether caused by users, members or by any of the equipment or programming associated with or utilised by Australian SexSpy.
• Is not responsibility for any error, omission, interruption, deletion or delay in the operation or transmission of the services provided by Australian SexSpy.
• Is not responsibility for any failure of communications lines or congestion of the Internet
• Is not responsible for the theft or destruction or unauthorised access to, or alteration of user and/or member communications.
• Is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers computer equipment, software, on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof.
• Provides the site on an ‘AS-IS’ basis and expressly disclaims any warranty of fitness for a particular purpose.
• Cannot guarantee and does not promise or warrant any specific results from the use of the site.

Limitation of liability

Except where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Australian SexSpy be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages including lost profits or personal injury arising from your use of the site or of the Australian SexSpy service, even if Australian SexSpy has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained here in, Australian SexSpy’s liability to you for any cause whatsoever and howsoever arising regardless of the form of the action, will be at all times limited to the amount paid, if any, by you to Australian SexSpy during the term of your registration and/or membership.


Indemnity

You agree to indemnify and hold Australian SexSpy, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by you or 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.