Introduction

Welcome to talkonthetube.com a new and exciting site that is connecting the Capital! Talkonthetube gives you a second chance to make a first impression, join and form your own communities to say the things that matter to you and access to a range of goods and services that make living in the capital such fun! Talkonthetube is operated by tott Ltd (tott) and may be accessed through the Internet and through WAP services provided by certain mobile network providers. By using the talkonthetube Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Before proceeding you must read, understand and agree to the following statements regarding tott Ltd and the material within.

By agreeing to the following statements and entering this website, you are confirming and consenting that:

1. You will not use the material on this website outside the permissions mentioned within.
2. You have read both our full terms of use and our disclaimer and agree to be bound by them.

THESE TERMS OF USE ARE NOT STANDARD. PLEASE READ THOROUGHLY TO THE END

These Terms of Use apply to all those who access this website (the "Site").

Please read these Terms of Use carefully before accessing the Site as a non-registered or registered person. If you do not agree to these Terms of Use, then You MUST NOT continue and should navigate away from the Site immediately.

Acceptance of Membership Terms and Conditions

1. If you access, or register with the Site, you will be deemed to be legally bound by these Membership Terms and Conditions.
2. We reserve the right to change or update these Terms of Use from time to time (subject to your termination right). Updates to these Terms of Use are notified to you via the last updated date that appears next to the link to them, which is displayed at the bottom of every page. You should review these regularly.
3. You will not use the material on this website outside of the permissions mentioned within.
4. tott Ltd, the proprietors, ("Us", "We", "Our"), of this website accept no responsibility or liability for any circumstance that may arise as a result of anything stated or inferred, in, or from, the content of the pages within this website or it's use.

Age of Consent

You must be at least 16 years or over to access the Site. If We discover or have any reason to suspect that you are not over 16 years of age, then We reserve Our right to suspend or terminate your Membership to this Site immediately and without notice or we may ask for further verification measures to ensure you are over the legal age to access this site.

Password Member Name and Security

1. Upon registration you will select a password and username that you can use to access your Member Account and Profile and to log on to the Members' areas of the Site.
2. You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Members' areas of the Site and will not be liable where your password or username are used by someone else. Any loss or any such use will be deemed to have been caused by you and you will be responsible, (and liable) for such use.
3. You agree to notify Us immediately of any unauthorized use of your password or nickname or any other breach of security of which you become aware.

Your Warranties

You warrant that:

1. You will only use this site for legal purposes.
2. You are of legal age as defined above.

User Submissions

1. Tott Ltd Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Tott Ltd does not guarantee any confidentiality with respect to any submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that
3. You have the legal permission to send any images for public viewing, and that you are the registered owner of the image(s), or that you have the legal permission of the registered owner of the image(s), and proof of ownership can be provided at any time on demand by us.
4. All information and details provided by you to Us, (including on registration as a Member), are true, accurate and up to date in all respects and at all times.
5. You will comply with these Terms of Use including, without limitation, the restrictions relating to acceptable use as set out below.
6. All persons contained within the image or video you submit explicitly agree and consent their visual image and activities may be used for public viewing on this web-site
7. You agree to indemnify and hold Us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to, or arising from, your use arising from any breach of these Terms of Use by you or your violation of any law or the rights of any third party.

Acceptable Use

We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site, including the Members' areas under normal circumstances, although we reserve the right to do so. We seek to balance this aim with our obligations to other Members and the law. We therefore reserve the right to review all profiles entered onto the Site. We will also comply with and help, in relation to the site, any enforcement agency or police request or complaints. We also therefore require that you do not:

1. say, write, transmit or do anything that would cause annoyance, inconvenience, distress, harassment or needless anxiety to others;
2. harass others;
3. advertise or promote third party or your own products or services including by way of the distribution of 'spam' mail;
4. use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
5. make insulting remarks to or about other users of the Site;
6. distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors or animals;
7. impersonate another person or user of the Site;
8. use the Site to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter";
9. access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Site security measures;

We may take any or all of the following action at Our discretion:

1. remove any Member profile (including photographs) or other material that, in Our sole discretion may be inappropriate or We suspect to be illegal, subject Us to liability or such that may violate these Terms of Use or where required to do so by law;
2. issue members with written warnings and may take such further action as We deem appropriate under this paragraph if such warnings are not heeded;
3. suspend or terminate a Member's access to the members' areas of the Site or a Member's Account without notice at any time;
4. inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
5. bring legal action against a Member or other user of the Site in relation to any breach of these Terms of Use or any illegal or suspected illegal activity.
6. Request any additional information from you in order to verify for example but not without limitation, minimum age requirements are complied and or ownership of images submitted for use or access.

We also reserve the right to inform any law enforcement agencies and supply them with any such information they require in order to pursue any investigations into unlawful or inappropriate behaviour or activities

We will determine what action is appropriate to be taken against a Member on a case by case basis.

You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by, or to, members without further notice to you.

Tott Ltd

is operated in an open and honest fashion for the benefit of its members. Anyone found to be acting in a manner deemed to be outside the spirit of the site or in any way against the interest of the site and its members will be removed. The Webmasters decision on this will be final.

Copyright and Other Intellectual Property Rights

Your use of the Site grants no rights to you in relation to copyright, trade marks or other of Our intellectual property rights or the intellectual property rights of third parties.

You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site except for your own personal, non-commercial use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

Limitation of Liability

Whilst We will use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the Site will be available, uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions.

Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.

Save that nothing in this paragraph shall restrict Your statutory rights (including Your right to receive a reasonable standard of service), all content and services on this Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other users. We can not vet all Member profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by you on the basis of information provided on or via the Site is at your sole discretion and risk.

Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.

We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by you or other users of the Site that is in contravention of these Terms of Use or is not directly attributable to Our negligence.

Nothing in these Terms of Use shall exclude or limit Our liability for death or personal injury caused by Our negligence, (or that of our agents), or for fraud.

Security and Privacy

Your security and that of all Our Members is very important to Us. Please read Our Privacy Policy for important information regarding the use of Your personal data and Your rights in relation to this.
General

We shall not be liable for any failure for any suspension, or termination of access to the Site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.

If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms of Use shall be governed by and interpreted in accordance with the laws of England & Wales. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

In connection with User Submissions, you further agree that you will not

1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Tott Ltd all of the license rights granted herein;
2. publish falsehoods or misrepresentations that could damage tott Ltd or any third party;
3. submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. post advertisements or solicitations of business;
5. Impersonate another person.

You may not use this website to solicit business from any member for your own agency, co-operative or any other business activity whether advertised as being offered or not. This includes inviting members to join you etc.. If off topic emails are reported, they will be investigated and will most likely result in the deletion of the offending member's details. Off topic, unsolicited emails will not be tolerated.

We will not enter in to correspondence in relation to moderated ratings. False ratings may result in both members being deleted.

Links to executables diallers or other sites not related to the members profile will be removed and may result in immediate deactivation.

All accessible pages, HTML, JavaScript and images, whilst not necessarily the property of the proprietors, may not be copied or linked to without prior permission. This excludes links to profiles as long as they are linked to using one of the URLs displayed at the bottom of each profile page.

You must be fully entitled to upload all photos, movies and other content you upload on the Site.

Premium rate phone numbers or adult chat line numbers are not permitted in profiles, auto-responses or email signatures.

Registering on this site will automatically opt you in for receiving periodical, topical emails and SMS messages to your phone, and these may be from our preferred 3rd party marketing partners and may happen sometime in the future from when you sign up to our services. If you do not wish to receive any emails or SMS messages from the Site or it's agents you must opt out during registration.

Webcam providers may not list email addresses or IDs for Windows, MSN or Yahoo Messenger programmes in their profiles, auto-responses or signatures.

All members are expected to operate in an open, fair and proper manner. Persons abusing the payment mechanisms or credits system, (which includes setting up false profiles and accruing credits fraudulently) or those found moving credits around between members for services that have not been delivered, (or services/galleries that have been set-up obviously to try and defraud other members or the system), will be subject to whatever action is deemed fit by us and will most likely result in deactivation and loss of credits accrued.

It is not permitted to copy other people's profiles. Be original with your text. Anyone who has obviously copied text or images from another member's profile will be deactivated.

Telephone numbers and Links/URLs to other websites are not permitted in Profiles or Message

Boards and Forums. If you wish to display URLs, please use the Manage Links button within your Edit

Profile Page. This condition of use applies to your Profile Summary Field, Details Field, Interview Responses; Picture and Movie titles and descriptions, and Email Auto-response.

Email addresses may not be entered in your Profile Details, email auto-response, email signature or on any Message Boards or forums.

Removing/deleting and re-uploading content that has previously been uploaded in an attempt to increase exposure to your profile is not permitted.

Any textual information you enter on to, or exchange with the site or it's members via the site must be written in English. Your profile, email response/signature, Group details may not be written in a language other than English.

Marketing & Promotions - We reserve the right, from time to time, to offer promotions in order to attract new members and to help build traffic. We reserve the right to offer limited free previews of private galleries and movies in any such marketing, promotion or campaign. Any content you have uploaded to this site will not be displayed on any other website by us. Should any of your uploaded content appear on other websites, you should pursue the issue with the website owner.

The forms and input fields on this website may only be used for their intended and designed purpose. Anyone found to be misusing a form or entering information that specifically contradicts the purpose of the field or containing form, will be subject to whatever action is deemed fit by the webmaster and may result in closure of your profile.

Your profile, email auto response and email signature may not be used to entice or encourage visitors to your own website in order to avail themselves of information that is made available on this website. Specifically, this refers to telephone numbers and IM email addresses or Ids.

Disclaimer

The members listed are totally independent of the site owner and each other. Anything implied or inferred within these pages, however vivid anyone's imagination, is not to be taken as an inducement for payment for anything other than already stated.

The proprietors of this website accept no responsibility or liability for any circumstance that may arise as a result of anything stated or inferred, in, or from, the content of the pages within this website or it's use.