Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH www.jelli.com.au OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for www.jelli.com.au. If you reside outside of the United States, the party you are contracting with is www.jelli.com.au. This Agreement describes the terms and conditions applicable to your use of our services available under the domain www.jelli.com.au and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
1. Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended www.jelli.com.au members. If you do not qualify, please do not use our Site. Further, your www.jelli.com.au account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Fees and Services.
Joining and posting content on www.jelli.com.au requires massage providers to enter into a subscription agreement. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, featured members) and such changes are effective when we post the temporary promotional event on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in British Pounds. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
3 We are a Venue
3.1 Identity Verification.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, www.jelli.com.au cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential producers/viewers through the tools available on the Site. You may also wish to consider using a third party service or services that provide additional user verification.
Because we are a venue, in the event that you have a dispute with one or more users, you release www.jelli.com.au (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
3.3 Information Control.
We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and www.jelli.com.au is not responsible for the acts or omissions of users on the Site.
Without limiting any other remedies, www.jelli.com.au may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
4.1 VeRO Program.
www.jelli.com.au works to ensure that listed content does not infringe upon the copyright, trademark or other rights of third parties. www.jelli.com.au members, site visitors, program participants and other rights owners can report listings offering data, and request that such content be removed.
5. Your Information.
"Your Information" is defined as any information you provide to us or other users in the registration, program, or any upload process, in any public message area or through any email feature.
5.2 Restricted Activities.
Your Information (or any content listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the posting of counterfeit or stolen content; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with the appropriate Rating so as to be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. Furthermore, you may not post any content on the Site (or consummate any transaction that was initiated using our service) that, by paying to us any fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current .
6. Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to www.jelli.com.au by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of www.jelli.com.au and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You may not take any actions that may undermine the integrity of the "review" system.
You acknowledge that your "reviews" consists of comments left by other users. You are free to export your www.jelli.com.au "reviews" to market your content on other sites, providing you credit www.jelli.com.au.
We do not provide you the technical ability to import feedback from other (non-www.jelli.com.au operated) websites to www.jelli.com.au because without the corresponding feedback, It does not reflect your true online reputation within our community.
8.1 Photographs and Images.
We reserve the right to remove photographs and images we deem inappropriate, show full nudity or are of an sexually explicit nature. Members will be notified by email of the removal and repeat transgressions may result in suspension of membership.
At least one profile photo is required for profiles to remain 'LIVE'.
If a profile has been active without a profile photo for 30 consecutive days, that profile can be hidden or removed by our moderator without further notice.
8.2 Written Content
We reserve the right to remove language we deem inappropriate. Members may not advertise illegal services, post spam or content which is not relevant to the website. Members will be notified by email of any removal to their written content due breaches of our terms and conditions.
Without limiting other remedies, we may limit your activity, immediately remove your content or viewing capability, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
11. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
12. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your posting and/or viewing of content on our site.
15. No Agency.
You and www.jelli.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to www.jelli.com.au Attn: Legal Department 5348 Vegas Drive # 881, Las Vegas, NV 89108 (in the case of www.jelli.com.au) or to the email address you provide to www.jelli.com.au during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to www.jelli.com.au during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
17. Resolution of Disputes.
In the event a dispute arises between you and www.jelli.com.au, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and www.jelli.com.au agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
16.1 Binding Arbitration.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or www.jelli.com.au may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California or where the defendant is located (in our case also Los Angeles, California, and in your case your home address or principal place of business). You and www.jelli.com.au agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California.
16.3 Alternative Dispute Resolution.
Alternatively, www.jelli.com.au will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Los Angeles County, California or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by www.jelli.com.au in accordance with Section 16 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.2 (Release), 6.3 (License), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by www.jelli.com.au. You may have this information emailed to you with your email address.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. www.jelli.com.au is not affiliated with SafetySurf.com.
Disputes between you and www.jelli.com.au regarding our services may be reported to Customer Support by going to . We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
1. Members who take up paid subscriptions must agree to our Billing Policy
1. Providers must agree to our Images Policy when uploading pictures and images
All questions to Steel Oats Media Pty Ltd regarding these terms and conditions must be directed to:
STEEL OATS MEDIA PTY LTD
# 881, 5348 Vegas Drive
Las Vegas, NV 89108 - USA
Toll free: +1 (855) 782 4875