Terms Of Use

Created: February 2014

Revision: February 2014

1. Introduction
1.1 These Terms of Use govern your use of our website and the forums (herein also referred to as the Services). By using our Services, you agree to these Terms of Use in full. If you disagree with these Terms of Use or any part of it, or the Privacy Policy or the Forum Rules, you must not use our services. Please refer to Annexure A attached for Forum rules.
1.2 The website content is intended for adult use only as it may contain content not suitable for underage individuals. Users must be of a legal age (dependant on the legal age of the relevant country of that user). By using our website and by agreeing to these Terms of Use, the user acknowledges that they are of a legal age as stipulated by the user’s relevant law in their relevant country.
1.3 Our website uses cookies. By using our website and agreeing to these Terms of Use, the user consent to our use of cookies in accordance with the terms of our Privacy Policy.
1.4 All posts, discussions, opinions and advice made available as part of the discussion forums by authors (participants), are the authors (participants) sole responsibility and opinion/statement and not the opinion, statement or responsibility of Fifty Shades of Pink.
1.5 The fact that messages are posted under any role classified or associated to Fifty Shades of Pinks’ name (administrator, webmaster, key master), does not guarantee that Fifty Shades of Pink has endorsed or submitted that message/post in any way or verified the contents thereof.
1.6 The suggestions and advice offered on the website and forums are opinions only and are not to be used or considered as professional advice of any sort, including psychological counselling or medical advice.

1.7 We reserve the right but not the obligation to remove or edit any communications and materials that we believe in its sole discretion violates the Forum Rules, Terms of Use or Privacy Policy.

Please read this Agreement carefully before accessing or using the Services. By accessing or using the Services in any way, you agree to be bound by the Terms of Use set forth below. If you do not wish to be bound by these Terms of Use, you may not access or use the Services.

2. Forum rules. (Annexure A)
You agree to comply with the Forums Rules set forth in the Forum Rules document which are the rules that govern your activity in connection with the Services, along with this Terms of Use and the Privacy Policy.
3. Intellectual Property Rights & Licence to use the Services
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any personal or commercial way without our prior written permission.
Any comment, post, feedback, idea or suggestion (called “Comments”) which you provide to us through this website or forums becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality; originality and copyright (Please see section 5 for further detail on user comments).

You may:
• View and share content from the forums only, for your own personal use, subject to the restrictions set out as above and elsewhere in these Terms of Use. You remain liable for any content that you share or copy from our forums and will be liable for any legal or copy infringement actions that may derive from it.
Any other copying, redistribution, re-transmission or publication of any website material, is strictly prohibited without the express written consent of Fifty Shades of Pink, including but not limited to:
3.1 republish or redistribute material from this website and forums (including republication on another website) that is not available for republishing or redistribution;
3.2 sell, rent or sub-license material from the website;
3.3 reproduce duplicate, copy or otherwise exploit material on our website for a commercial purpose;
3.4 edit or otherwise modify any material on the website or forums;
3.5 Include or copy any material or content of any nature from any sources (internal or external) onto our forums that were obtained without the necessary consent of the legal owner of such content. You will be kept liable for any copyright infringements and/or legal action of any sort.
3.6 use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.7 use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
3.8 conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
3.9 use our website for any purposes related to marketing without our express written consent.
4. Restricted access
Access to certain areas of our website is restricted for non-registered users. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
4.1 If you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the username and password is kept confidential and only used by yourself.

4.2 You must notify us in writing (via the contact form on our website) immediately if you become aware of any unauthorized use of your account or password.

4.3 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses or legal actions arising out of such a failure.

4.4 You may not use any other person’s user ID and password to access our website (unless you have that person’s express permission to do so).

We may disable your user ID and password at any time at our sole discretion with or without notice or explanation.
5. User content
In these Terms of Use, “your content” means material (including, without limitation, text, comments, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
5.1 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media or social platform. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
5.2 You warrant and represent that your content will comply with these Terms of Use.
5.3 Your content must not be illegal or unlawful, must not infringe any third party’s legal rights or copyrights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
5.4 You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
5.5 We reserve the right to edit or remove any material and/or content submitted to our website, or stored on our servers, or hosted or published upon our website and forums.
5.6 Notwithstanding our rights under these Terms of Use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on our website.
5.7 Agree, understand and consent that your content may be shared and re-published internally or externally by Fifty Shades of Pink.
5.8 All your submitted content is considered non-confidential.
5.9 Your content could be used against you in a legal process, whether by another user or Fifty Shades of Pink, should you breach or attempt to breach any law.
5.10 Should you re-post or share any content from our website, onto any social sharing platform, you are subject to that site’s Terms of Use.
6. Indemnification
6.1 You agree to indemnify, defend and hold harmless Fifty Shades Of Pink, its officers, directors, employees, agents, licencors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement by you or any other third party related to you in any way.
6.2 You understand that Fifty Shades Of Pink cannot and does not guarantee or warrant that files or external links available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are ultimately responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
6.3 You assume total responsibility and risk for your use of the Service. Fifty Shades Of Pink does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchant-ability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service, and Fifty Shades Of Pink shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally.
6.4 Fifty Shades of Pink does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected or corrected in a timely manner. The Service is provided on an “as is, as available” basis. Without limiting the foregoing, everything on the site is provided to you ‘AS IS’.

6.5 You understand further that the public areas of the Service may contain unedited materials, or comments or opinions of other forum members, some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Fifty Shades of Pink has no control over and accepts no responsibility whatsoever for such materials.

6.6 In no event will Fifty Shades Of Pink be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyper-linked from the Service, even if Fifty Shades Of Pink or its authorized representatives have been advised of the possibility of such damages.

7. Third party rights
The provisions of paragraph 6 (Indemnification) are for the benefit of Fifty Shades Of Pink and its officers, directors, employees, agents, licencors, suppliers, and any third party information providers to the Service (with exception of Forum participants). Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.
8. Breaches in Terms Of Use
Without prejudice to our other rights under these Terms Of Use, if you breach these Terms Of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
9. Revising of Terms Of use
We may revise these Terms of Use, Privacy Policy and Forum Rules from time to time. It remains your responsibility to ensure that you regularly check our website for updated Terms of Use and familiarise yourself and comply with the updates.

10. Exclusion of third party rights

These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party. However, should any of these terms be breached by any third party related to you in any way, or by a third party using your log in details on our forum, you and the third party will be held liable for such breach of terms.

11. Jurisdiction
These Terms Of Use are to be governed by and construed in accordance with the laws of Gauteng, South Africa and any claim made by either party against the other which in any way arises out of these Terms Of Use will be heard in Gauteng and you agree to submit to the jurisdiction of those Courts.
If any provision in these Terms Of Use is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms of Use and the remaining provisions will remain in full force and effect.

12. Entire agreement

These Terms of Use, together with our Privacy Policy, and Forum Rules, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

Annexure A
Forum Rules
The Forum Rules do not supersede the Terms of Use or Privacy Policy, and should rather be read and understood in conjunction with each other.
1. You are responsible for anything you post on this website and forums.
Fifty Shades of Pink is, and will not be held responsible for anything that you post (whether topic, reply, image or any other contents) on the forums. We do reserve the right to remove any posts that we deem necessary to protect our image and fellow members and promote lawful and civilized usage of these forums.

2. Treat others on the forum with dignity and respect.
Personal attacks, hate speech, racist or sexist statements or attacks, sexual harassment, explicit sexual comments and promoting of violence and threatening statements will not be tolerated. Should anything of the sort come to our attention, we may remove the relevant posts and ban such a member from the forums. We strongly advise that you use the forums with style and pizzazz ladies!

3. Do not post any inappropriate sexual content or images.
No graphic language, nude or sexually explicit image is permitted. Adult conversations about sex are acceptable in the provided sex sections, as long as people are mindful to use proper terms (no “f” words, etc.) and be aware that our forums automatically censor foul language by turning the word into a series of “****” . Keep the dirty words for the bedroom gals!

4. Need advice? Give some to others as well!
We strongly support “take some – give some” and sharing is caring. There are a lot of women out there that could benefit from your expertise. Do not be shy to share and help!

5. No posting just to incite people or start arguments.
Our forums are all about freedom of speech, but if you feel a bit grumpy or aggressive, rather go punch a punching bag than to incite arguments with fellow forum members. Respectful, decent and debate-like arguments are welcome!

6. No posting new threads to continue arguments from closed threads.
Should a thread or topic be closed, please don’t try and continue arguments by opening a new related topic. We will give enough time for everybody to say their say on each topic, but it will be closed after a while in order to create new, juicy topics for discussion. Life moves on, so do we!

7. No posting just to advertise products, services, or other websites.
Should you be interested in advertising on our website and/or forums please make use of the contact form provided on the website and get in contact with us to discuss it.
Note: If it is determined that your posts appear to be solely for the purpose of advertising they will be deleted and the account will be banned. Not the way to go!

8. Be supportive of other members regardless of their posts, statements, opinions, etc. Everybody has their own opinion, respect it!
Need we say more on this?

9. No duplicate posts and posts in irrelevant sections.
Please make sure that you post in the relevant sections. Example, post marriage related content into the marriage forum. This is the only way we can keep relevant information and articles together and organised. All posts are visible to forum visitors. Please don’t submit duplicate posts in an attempt to get quicker replies. This will interfere with the forum structure and may be merged / removed by the web moderator of the forum.

10. No hijacking threads.
If your post is not on-topic for a particular thread, please start another thread for it rather than taking someone else’s thread off-topic. We are sure you would not appreciate it if someone else posts in your thread and completely changes the topic in the process!

11. This is not a dating website! No seeking here please!

12. No posts promoting illegal activity.
Please note that should we become aware of any such activity, we will report it to the relevant legal authority and internet service provider and such members will be banned from our forums.

13. Do not post copyright-infringing material
Should you contravene this rule in any way, you will be kept liable for this contravention. Fifty Shades of Pink is completely indemnified against such posts.