Terms of Service

IMPORTANT: by accepting these terms and conditions and entering into a legally binding contract. It is therefore important that you read these terms and conditions carefully.

If you do not agree to any part of these terms, or if any content of the sites is illegal in the territory where you currently reside, then please do not proceed.


Interpretation
Headings do not form part of these terms and conditions and will not affect their interpretation.

In these terms and conditions, "you" refers to the member and "we", "us" refers to Atlantis Media Corporation Ltd., a company incorporated under the laws of the Republic of Seychelles, doing business as SpandexGuys ("the site" or "the sites") which is a website owned and operated wholly by us and consists of the following URLs: www.SpandexGuys.com and www.spxg.com

User age warranty & adult content warning
The sites are for adults aged 18 years of age or older. Persons under 18 years, pretending to be less than 18 years or soliciting persons less than 18 years will be removed from the sites and further use will be blocked. Those individuals soliciting persons under the age of 18 years of age will be reported to relevant law enforcement agencies responsible for their jurisdiction.

The content of the sites may be of an explicit gay nature and contain sexual imagery and text. You agree that this type of content does not cause you offence. We are not liable to remove content that causes you offence though we will do so if it is in breach of our own content policy.

 

Further you agree that we are not acting in any way to send you this information; remember that you are choosing to receive it by coming to the site and browsing it! Continuing to browse the site and/or creating a login account to view member only material means that you understand and accept responsibility for your own actions, thus releasing the creators, members and contributors of this website's pages and our service provider from all liability.

 

Membership fees
All upgrade membership level fees are on either a non-reoccurring 30 day or three month, six month or one year billing cycle which will not be charged again after the term expires or a automatically renewing membership of either 1, 3 or 6 month cycles which rebill automatically. The Standard membership fees are at the rates shown on this site and you may select which level you wish to participate in. Upgrades are processed securely online via our payment processor, Verotel, and appear as Vtsup.com Verotel on credit card statements. SpandexGuys.com reserves the right to cancel any members account if they feel the member has violated one of the following rules of the site. NO REFUNDS will be given under any circumstances if any of these terms & conditions is violated here within.

 

Recurring memberships (automatically rebilling)

If you choose a recurring membership we will extend the validity of your upgrade by a similar term that you originally subscribed to. A one month membership extends by a month, a three month term extends by three months and a six month term extends by six months. You can stop the re-billing and subsequent extension of your account by going to Verotel’s billing website https://www.vtsup.com/en/cancel where you will be asked to provide a usercode and passcode to identify yourself. These codes were supplied by email from Verotel at time of your upgrade and are NOT the same credentials you use to log in to SpandexGuys site.  Please note that in order to offer a seamless transition from one upgrade cycle to the next Verotel will attempt to bill your card about 24 hours before it is set to expire but due to time zone differences can add a few hours to that so make sure to cancel at least 48 hours prior to the expiry date. If in doubt or if you missed something please contact us via the help desk and we will see what we can do for you.

Member conduct on the site
Members must not:

  • post, send, email, store, upload, or link to any material or content that is or may be offensive, illegal, unlawful or discriminate against any persons race, ethnicity, gender, disability, religion, beliefs, sexual orientation or any other preferences;
  • the sharing of your user name and password on a public domain or with NON members of the site.
  • interfere with another's enjoyment of any of the site;
  • impersonate any person or falsely state or otherwise misrepresent your affiliation with a person;
  • create more than one profile on the site: multiple profiles are not permitted and if you are found to have created multiple profiles we will terminate your membership immediately without refund of any membership fees;
  • use the sites for advertising goods or services without our written consent;
  • upload any copy written material to the site or do anything that breaches these terms and conditions;
  • copy, modify, create a derivative work of, reverse engineer or assemble or otherwise abuse our rights in relation to any of our software;
  • attempt to access any area of any of the sites for which you are not authorized or access our system without our written consent;
  • do anything which materially affects (or may materially affect) the functionality of our systems of any of the sites.

We reserve the right to (without notice or justification in our absolute discretion but not so that we are obliged to exercise any right):

  • take down or alter any material you upload to the sites; including pictures and video if we deem it in appropriate content for the site or advertising for other sites other than personal home page links.
  • cancel your membership at any time - fees will not be reimbursed unless we are unable to justify the cancellation;
  • charge for Standard Membership (but you will not have to pay any fees without choosing to do so but we may withdraw your right to membership in that event);
  • withdraw membership if you abuse the privileges that you are herby agreeing to.

Password use
On becoming a member you choose your username and password. You must not disclose your password to anyone and should be aware that we will never ask you for it other than in logging on to the sites so anyone asking you to produce it is to be regarded as doing so for malevolent purposes. You are responsible for all acts done in your account name and therefore for the acts of anyone you give your password to in breach of these terms and conditions. We have the ability to monitor the amount of logins as well as how many times you have signed into the site on any given day. If this policy is abused we reserve the right to cancel your membership immediately and charge you accordingly for the misappropriated use of the site.

Reporting site abuses
We ask for your help in maintaining the high standards of the sites and the communities within them by immediately notifying us of any material or communications that are in breach of these terms or that are, or appear to be, illegal. Remember that while the site belongs to us they are also yours to enjoy.

Privacy policy
Our privacy policy applies to all personal data you submit to us and a complete review will be added shortly.

 

Your email address and full birthday will not be shared with anyone outside the site. Periodic update e-mails will be sent out to members e-mail address twice a year. Your password is encrypted and cannot be seen or retrieved by us. In case of loss you need to reset your password. In the past, your profile could be searched by outside search engines such as Google, Yahoo, etc. and viewed by people who are not currently a member of the site or logged in. In order to prevent this from happening you had (and you still have) the option to make your profile viewable to friends only. This is done by clicking the settings menu item and then clicking on the privacy tab. We have disabled public viewing of profiles and only fellow members who have registered a profile and logged in are able to view a profile that is not set to be viewed by friends only. This said, some search engines provide a cached version of the profile page and it might be possible for people to view your profile page if it had been cached by the search engines and not been updated by them yet.

Personal use only
Any material on the sites is strictly for personal use and must not under any circumstance be used by any user for commercial purposes or used in a defamatory or derogatory manner. Material must not be duplicated in any way for use outside of the site as this is in breach of international copyright and intellectual property laws.

Your warranties regarding uploaded materials
You warrant that all material you upload to any of the sites:

  • is true, accurate and up-to-date (and you agree to maintain it as such at all times);
  • pictures uploaded depict only you and no one else, or if another person is shown you have explicit consent from that person or persons to be shown;
  • is your own creation/property or that you have consent to upload it to the sites and in all cases that uploading the material does not breach any third party's intellectual property rights;
  • is not defamatory, illegal, unlawful, offensive or discriminatory in any way;
  • has been processed by up-to-date virus-checking software and found to be free of any virus, worm, Trojan or other similar device or effect that alters or may alter the functioning of any of the sites or any computer system at any time.

In addition, common sense prevails and you acknowledge that due to the public nature of the site there is no way for us to block or otherwise effectively prevent your photos from being stored or copied onto a visitor’s computer or website. Perceived preventive actions such as disabling right-click and save functions can be circumvented and don’t provide protection. Common sense rule applies: if you don’t want the picture to be saved by a user or used by a visitor then don’t post it.


Your Indemnity
You agree to indemnify (reimbursing all liabilities, costs and expenses actually incurred) us against any costs, claims, liabilities or expenses arising out of breach of these terms and condition and to keep us so indemnified at all times.

Use of material you submit
We reserve the right to use any material submitted to the site during or after the registration process for online and offline promotional purposes without limit on time or usage. We try to contact originators of such material prior to its use but we do not have to do so and no compensations of any kind may be given.


Monitoring of content
All submissions to the site may be subject to real-time monitoring. We reserve the right to amend or remove content without justification. In particular, we will do so if we feel the content is unsuitable, in violation of the law, contains political content or in any way breach of these terms and conditions.

Ownership of trademarks etc. on this website
The trademarks, logos, names and images displayed on this website are the registered or unregistered trademarks of the company and others. Except where expressly stated to the contrary, nothing in this website confers any license or right to use any trademark displayed on this website without our prior written approval or the owner of the relevant trademark. We reserve the right to notify members via email of promotional offers, news and other information - we will only do so if members have opted-in to receive such communications.

Downtime
We may occasionally have to perform necessary network maintenance and/or network upgrades. These specified time periods are referred to as "Scheduled Maintenance Windows".

In the event of plans to bring down the service during a Scheduled Maintenance Window, we try to provide 24 hours notice to our members in advance of the Scheduled Maintenance Window. In addition, we reserve the right to perform any required maintenance work outside of the Scheduled Maintenance Window with a minimum of 12 hours notification to members.

Members must be aware that, at any time, we may perform emergency maintenance as needed to preserve the overall integrity of the services with no notice and with without compensation for such activities.

 

Members with an upgraded (paid) membership should also be aware that said paid membership entitles to unlocking features available to such membership and does not serve to guarantee availability to the site.

Right to alter or suspend the site, service or feature
We reserve the right to alter or suspend any site, service or feature at any time without prior notification or explanation.

Rights in website content
All rights, including copyright and database rights, in the sites and the content thereof are owned or controlled by us. We retain all copyright, database rights and other intellectual property rights in material contained on or in relation to the sites and you may not copy, reproduce, download, republish, extract, broadcast, transmit, display, modify or re-use any of the materials on the sites for any other purpose. Pictures uploaded by members remain their copyright but by uploading them license is given to us to display such pictures on our site without any royalties due to the copyright holder.

Linking to the sites
Subject to acceptance of our linking terms users and others shall be entitled to set up hypertext links from their own websites to the home page or personal profile only of any of the sites. By no means will we allow you to link to another pay site or service that requires members to pay for that site’s services or other commercial sites. We reserve the right to remove the link immediately without notification.

Exclusion of liability for linked websites
Whilst we exercise reasonable care in the selection of websites to which we link, we do not control their content, format or availability.
Therefore:

  • we give no warranties, endorsements or recommendations in relation to any products or services mentioned or any statements contained in third party sites;
  • we disclaim all responsibility for any content you encounter, or events which may occur once you have transferred out of this website and are not be liable to you or anyone for any damages or other losses of any type whatsoever incurred by visiting a linked site.

 

Exclusion of liability for site content
You agree that whilst we take all reasonable measures to ensure the truth and accuracy of information on the sites, we are not responsible for any wrong, inaccurate information whether it is posted by us or a member and you are advised to independently verify such information before relying on it. We also accept no responsibility for any misleading information posted by other members and accordingly are you are advised to proceed with caution in dealing with other members. We expressly caution against giving out personal information such as email addresses, telephone numbers or physical addresses to people you do not know or trust. You are allowed to enter contact information in specially provided fields in your profile but are advised to use this with caution and the knowledge that this information is available to anyone visiting your profile, whether logged in or not.

Exclusion of liability for viruses, etc
Whilst we take all reasonable precautions to protect the sites and its users against worms, viruses and other harmful material, before downloading or using any potentially harmful material on the sites, you are advised to ensure that your systems have up-to-date virus detecting software and have that software check the safety of any materials. Therefore, we do not accept responsibility for any defects, viruses or other harmful components that may be contained within any of the sites.

Exclusion of liability for loss
To the extent permitted by applicable laws, no liability is accepted for any direct, indirect or consequential loss or damage or loss of use, data, business opportunity or profits, whether in an action in contract, negligence or other tortuous action, however resulting from the access to and use of this website and the information and materials contained on it (but for the avoidance of doubt this clause does not exclude liability for death or personal injury).

Termination of website use rights
A user's authorization to use this website automatically terminates without notice if the user fails to comply with any of these terms. On termination, the user must cease all use of the sites.

Right to amend these terms
We may at any time revise these terms by posting changes on the sites. The continued use of this website after changes are posted constitutes your acceptance of the modified terms. If you choose not to accept the modified terms and you are a fee paying member, we will upon request return a fair proportion (related to the time left unexpired on your membership) of the membership fee.

Applicable laws
These terms are governed and construed in accordance with the laws of the Republic of Seychelles. If any of the terms is held to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining terms. You agree to submit to the exclusive jurisdiction of Seychellois Courts.