TERMS AND CONDITIONS
1. Please read the following terms and conditions (“Terms and Conditions”) carefully before using this site. By using this site, you indicate your unconditional agreement and acceptance to be bound by the Terms and Conditions as stated. The use hereof is expressly conditioned on your acceptance of the Terms and Conditions herein. In the event that you do not agree with any or all of the Terms and Conditions, you must refrain from using this site.
Definitions and Interpretations
2. Those advertising through Touch Elite, whether paid or unpaid, as an independent, agency or through our Classifieds service; and those uploading stories, browsing or otherwise are hereinafter individually referred to as a “User” and collectively as the “Users”.
3. Words importing the singular include the plural and vice versa; words importing a gender include every gender.
4. The headings of particular paragraphs and subparagraphs are inserted only for convenience, and do not form part of the Terms and Conditions and do not limit the scope of the paragraph or subparagraph to which the heading refers.
5. Touch Elite is an adult site with adult content of an adult nature, and only adults of the relevant legal age are permitted, as a User, to use the same in a permitted locality. Touch Elite expressly disclaims any and all warranties, expressed or implied, and expressly disclaims any and all liability, to the maximum extent permitted by law, for any loss or damage that any person or entity may suffer as a consequence of visiting this site or any links listed herein.
6. Should Touch Elite know or suspect a User to be below the required legal age, Touch Elite shall, in its absolute discretion, terminate or suspend the relevant User with immediate effect, without notice or refund.
7. Users of Touch Elite can advertise as independents, agencies, upload stories, or advertise through our Classifieds service. All advertising is subject to a minimum one month period. Such advertising, including any and all access details, cannot, under any circumstances, be transferred or assigned to any person or entity. Any such transference or assignment shall not confer any rights to any proposed transferee or assignee. Should Touch Elite know or suspect a User to have transferred or assigned the same, Touch Elite shall, in its absolute discretion, terminate or suspend the relevant User with immediate effect, without notice or refund.
8. Users wishing to advertise with us, acceptance of the Terms and Conditions is deemed when Signup is complete. A condition of advertising, whether paid or unpaid, is Touch Elite’s approved banner appearing on the advertiser’s Home page. Touch Elite reserves the right, in its absolute discretion, to refuse or remove any and all listings, without refund, where appropriate, where Touch Elite’s banner does not appear on the aforementioned Home page.
Responsibility of the User
9. The responsibility of promptly notifying Touch Elite of all updates shall be borne by the User. Updates shall include, but not limited to, changes to contact, payment and billing details, as well as loss, theft, or unauthorised access and/or use of any and all security details. Further, the User shall ensure all texts and/or images supplied by the same is in all respects accurate, complete and true to the best of the User’s knowledge and belief, and the User shall promptly amend or correct any texts and/or images, where relevant.
10. To cancel an advertisement with Touch Elite a minimum notice period of one month in writing is required from the User. The minimum notice period is activated upon receipt of the same. All payments are subject to the aforementioned minimum notice period, and the User’s advertisement and service will remain unaffected until the end of this period. For the avoidance of doubt, should the User wish for their advertisement to be removed as soon as practicable, this can be achieved within a reasonable timeframe on the understanding that there will be no refund for the difference in time from the early removal and the end of the minimum notice period.
11. Touch Elite expects all its Users to conduct themselves in a manner which facilities the mutual enjoyment of its Users when using the site. With this in mind, the User warrants, represents and undertakes that, whether as an independent, an agency, or uploading stories, browsing or otherwise, they will not fall below the minimum standard expected.
12. With respect to other Users, the User will refrain from, but not limited to, impersonating, harassing or causing anxiety to other Users; accessing or attempting to access any accounts pertaining to other Users; or using sexually explicit, insulting, ageist, homophobic, sexist, racist, offensive or threatening language.
13. With respect to Touch Elite, the User will refrain from, but not limited to, duplicitous advertising; engaging in any fraudulent activities; soliciting, encouraging or inciting others to engage in any illegal activities; accessing or attempting to access those areas of Touch Elite reserved only for its staff; or transfer, or cause or allow to be transferred, files that contain viruses or otherwise.
14. Should Touch Elite know or suspect a User to have fallen below the minimum standard expected, Touch Elite shall, in its absolute discretion, terminate or suspend the relevant User with immediate effect, without notice or refund.
Companionship and/or Social Engagements
15. The User accepts that Touch Elite operates independently from its User/s and does not operate as an escort agency. Even though other sites are linked through Touch Elite, such sites are beyond the control of the same. Anything implied or inferred within Touch Elite is for companionship and/or social engagements only. It is not Touch Elite’s intention to provide links to sites which do not observe all relevant laws, and any breaches should be highlighted where relevant. Touch Elite may review all Users’ texts and/or images. Any texts and/or images, in Touch Elite’s sole discretion, deemed immoral or obscene shall result in the termination or suspension of the relevant User with immediate effect, without notice or refund.
16. Touch Elite is always interested to hear from its Users, good or bad, in an effort to continually improve its service, and to add additional services where required.
18. As with any directory, any information published on Touch Elite could be used by third parties without the relevant consent being sought. Further, the nature of a directory means other sites are linked through Touch Elite which is beyond the control of the same. Touch Elite, therefore, expressly disclaims any and all warranties, expressed or implied, and expressly disclaims any and all liability, to the maximum extent permitted by law, for any loss or damage that any person or entity may suffer as a consequence of visiting this site or any links listed herein.
19. Notwithstanding the foregoing, Touch Elite may access, review, copy and store data sent to or from its Users as obligated by regulation or law without notice to the User, or disclose Confidential Information pursuant to a subpoena or other court process ONLY (i) after having given the relevant User prompt notice of their receipt of such subpoena or other court process and (ii) after they have given the relevant User a reasonable opportunity to oppose such subpoena or other court process or to obtain a protective order.
20. Users advertising through Touch Elite do not afford or allow the same to acquire any rights to Touch Elite’s copyrights, trade marks or other intellectual property, nor does it afford or allow the same to acquire any rights to third party’s copyrights, trade marks or other intellectual property. Moreover, the User warrants, represents and undertakes that it has the necessary intellectual property rights, authorisations and licences, where relevant, to advertise through Touch Elite. Such warranty, representation and undertaking are given unconditionally, with the firm knowledge and commitment to defend, indemnify and hold Touch Elite harmless to the extent detailed in Clause 21.e. below.
User Warrants, Represents and Undertakes
21. The User warrants, represents and undertakes that, whether as an independent, an agency, or uploading stories, browsing or otherwise:
a. they are the relevant legal age for their purpose, in a permitted locality;
b. that any and all information provided by the User to Touch Elite is true, accurate and complete;
c. they will not disclose, or cause or allow to be disclosed, directly or indirectly, any and all security information to any person or entity, except to its professional representatives, where relevant;
d. not to directly or indirectly allow the use of any and all security information by any person or entity, except to its professional representatives, where relevant; and
e. the User shall defend, indemnify and hold Touch Elite harmless from and against all liabilities, claims, fines, losses, damages, costs and expenses (including reasonable legal fees), whether direct or indirect, arising from or relating to a claim brought by a third party in connection with or arising from the User’s actual or apparent breach of the Terms and Conditions herein and unauthorised access and/or use of any and all security details, or stemming from any acts, negligence, misfeasance or omissions, or for any breaches of any and all relevant laws in the relevant locality.
22. Touch Elite shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. Touch Elite reserves the right to make corrections and expressly disclaims all warranties, expressed or implied, as to the accuracy of any content provided. Further, Touch Elite shall not be liable for any interruption in the availability of its site for reasons of, but not limited to, maintenance, repair or server crash beyond the control of the same. As a consequence to the aforementioned, access to all or a part thereof may be impeded or prevented and Touch Elite makes no warranties, representations or undertakings with respect to the availability of the site or a part thereof.
23. In no event shall Touch Elite be liable for any claim, incidental, punitive, or consequential damages or other liability of any kind whatsoever, whether in an action for contract, tort or otherwise, whether direct or indirect, arising out of or in connection with this site.
24. The User agrees and accepts the Terms and Conditions as stated herein, without reliance on any representation, warranty or statement written or orally made by or on behalf of Touch Elite. The User hereby acknowledges that any reliance or otherwise shall be at their sole risk.
25. No variation of the Terms and Conditions shall be valid and/or enforceable unless it is in writing and signed by or on behalf of Touch Elite. The expression “variation” shall include any modification, amendment, supplement, deletion, replacement or otherwise.
Severability of Provisions
26. If any one or more of the provisions contained in the Terms and Conditions shall be deemed invalid, unlawful or unenforceable in any respect under any applicable law, then such provision/s shall be given no effect and shall be deemed not to be included in the Terms and Conditions. Moreover, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and shall continue in full force and effect.
Waivers, Rights and Remedies
27. No failure or delay by Touch Elite in exercising any right or remedy provided by law under or pursuant to the Terms and Conditions shall impair such right or remedy or operate or be interpreted as a waiver or variation of it or preclude its exercise at any subsequent time, and no single or partial exercise or any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
28. The rights and remedies of Touch Elite under or pursuant to the Terms and Conditions are cumulative, may be exercised as often as Touch Elite considers appropriate and are in addition to its rights and remedies under general law.
29. No waiver by Touch Elite of any breach of any clause, provision and/or stipulation contained or implied in the Terms and Conditions shall operate as a waiver of another breach of the same or any other clause, provision or stipulation contained or implied in the Terms and Conditions.
Governing Law and Jurisdiction
30. The Terms and Conditions and the relationship between Touch Elite and the User shall be governed by, and interpreted in accordance with, the laws of England & Wales.
31. In respect of any legal action or proceedings arising out of or in connection with the Terms and Conditions, Touch Elite and the User irrevocably submit to the exclusive jurisdiction of the courts of England & Wales.