Terms of Service (Last Updated: November 2020)
Users of the Site comprise Night Butterflies Users and Recipient Users, as defined below (together "Users").
Night Butterflies Users create content displayed on the Site and are entitled to upload advertisements and create profiles in accordance with the Paid Services terms below. Recipient Users have access to content placed by Offeror Users and are given the opportunity to contact Offeror Users via the contact information uploaded by such Offeror Users.
Please note that the Site acts as a platform provider only offered by Night Butterflies (“we” or “us”). We do not exercise editorial control or pre-vet advertisements placed with us or User profiles created on the site, although we will take down advertisements or profiles which:
- contain any malware or any other material which risks interfering with or degrading the proper performance of the Site; or
- we consider in our absolute discretion to be prejudicial to the proper performance of the Service; or
- we consider are or may be in breach of any applicable criminal laws or regulations binding on us; or
- constitute or may constitute harassment or bullying of any other User or other third party; or
- are threatening, abusive or discriminatory.
1. Obligations and behaviour of the user
As stated above, Recipient Users should be aware that we do not exercise advance control over the content of the online ads placed by Offeror Users. The Site is not an intermediary or agent of any Users, and is not in any respect responsible for any risks, claims or liabilities arising out of any subsequent supply of services or other connection between any Offeror User(s) and any Recipient User(s).
By using the Service, Users assume the full and exclusive responsibility for their behaviour towards the Site and towards third parties including but not limited to other Users.
We are not responsible for and do not guarantee the veracity of the contents of any advertisements placed by Offeror Users, or the successful outcome of any negotiations between any Offeror User(s) and any Recipient User(s).
2. Limitation of Liability
The Site and its affiliates, and its or their affiliates, managers, employees, officers or directors do not accept any liability for: - any loss or damage to the extent it arises from circumstances outside their reasonable control - any loss or damage caused by any interruption in or non-availability of the Site or the Service - any direct or indirect loss of profits, business, reputation, anticipated savings or turnover - any loss or corruption of data - any indirect, special, punitive, statutory or consequential losses whatsoever
even if it has been advised of the possibility of such losses.
The Site's and its affiliates', and its or their affiliates, managers, employees, officers or directors' liability to Users for any other losses and damages, whether arising in contract, tort, breach of statutory duty or under any legal theory whatsoever arising out of or in connection with the Site and the Services shall, (without prejudice to the Refunds Policy set out below) in the case of Paid For Services, be capped at an amount equivalent to the higher of the sums paid by any User in the twelve months immediately prior to the event giving rise to the claim or [£500] and in the case of any other Services, [£150].
Each of the above provisions and sub-provisions are separate and independent provisions and a finding of nullity or unenforceability in respect of one provision or sub-provision shall not affect the enforceability of the other provisions which will remain in full force and effect.
3. Paid Services: Night Butterflies Users
By publishing an advertisement on the Site (which includes creating an online profile), each User is authorizing us to promote it for its greater visibility in our discretion and to operate the Service so as to facilitate maximum effectiveness in relevant geographical markets. By creating an online profile or placing an advertisement on the Site, Users confirm they are of legal age in the relevant jurisdiction, that they are the person identified in that profile and that they have not been coerced in any way.
Users are made aware that we take payment for services via our appointed payment provider whose terms and conditions govern transactions between Users and who acts as an independent service provider in this regard. We are not responsible for the acts, omissions or defaults of the payment provider. In the event of breach of these terms, we reserve the right to take down the advertisement without refund to delete any applicable profile and to ban Users from creating any future profiles or placing any future advertisements.
4. Acceptable Use Policy
Users undertake not to use the Service provided by the Site either improperly or contrary to the provisions of law, rules of ethics and good conduct of the network services. Users, in particular, undertake not to transmit through the Site material of offensive and libelous nature, discriminatory, harassing, defamatory, pornographic, paedophile, vulgar, blasphemous or which is some way contrary to the principles of public order and good morals.
Users are responsible for complying with all applicable laws with respect to the content of their advertisement. In particular, Users must not advertise any services which it would be unlawful to perform within their jurisdiction, they must not include within their advertisements any material which would attract an R18 rating from the BBFC were it to be included in a film or video, and they must not include any material which would contravene the provisions relating to "extreme pornography."
Users warrant that they are the data subjects of or that they have the explicit and informed consent of all persons whose personal data is included in any advertisement placed by them and that they will not use any material in their advertisements which contravenes the copyright or other intellectual property rights of any third person without having the permission of that third person.
Users are aware that by including an email address in advertisements hosted by the Site, we have no control over any materials which may be sent directly to that email address, whether by other Users or otherwise, and whether in answer to that advertisement.
5. Summary and Guidelines
- Advertisements that contain references to sexual services in exchange for money are not allowed; - Inserting pornographic pictures that contains explicit images of genitalia or which otherwise contains material which would require a R18 certificate or which would be refused a certificate by the BBFC if included in a video are not allowed; - Any material which contravenes the rules on "extreme pornography" including erotic material which depicts acts which appear to be non-consensual, which appears to involve animals, which appears to involve sexual acts with dead bodies, or which depicts acts which appear to threaten a person's life or acts which result, or are likely to result, in serious injury to a person's anus, breasts or genitals are not allowed; - Any material which makes use without each participant's consent of erotic material provided on private occasions ("revenge porn") is not allowed; - Any material which depicts, promotes, induces or offers sexual activity with minors or which otherwises promotes or encourages paedophilia ("paedophile material") is not allowed; - The insertion into any advertisment or profile of paedophile material will be immediately reported to the competent Authorities, including all the access and meta data, We also reserve the right to report material which contravenes our rules on extreme pornography or revenge pornography; - By placing advertisements or creating profiles, Users certify that they have full legal rights to do so, and also declare and warrant that the material uploaded belongs to persons of legal age( over 18) which have given their free and informed consent to publish them on the Site; - It is permitted to publish the same advertisement in a maximum of three different cities; - It is not permitted to repeat the same advertisement in the same city during the same time period; and - It is not permitted to include hypertext links in any advertisement or profile.
6. Refund Policy
We do not refund monies paid for Paid Services to Users but may exceptionally and at our sole discretion offer credit for monies paid and unused to be used against future Paid Services. In particular (but without limitation)
- We reserve the right to intervene via the Site or to make any modifications or changes (e.g. design, focus and/or functional content) therein without prior notification, or to limit the User’s access to the website due to maintenance or technical or other reasons for a necessary period of time without prior notification. In such cases, no Offeror User is entitled to claim any compensation or refund pursuant to this policy based on such modification, changes or non-availability; - If our payment provider receives a request from a financial institution or a platform to refund any financial amount spent on purchases of Paid Services, we reserve the right to block the User’s Profile upon the receipt of such request until we are informed by the payment provider that the issue has been fully resolved to the satisfaction of the payment provider and/or the financial institution or platform.