Terms and Conditions

Last updated: March 2022

Introduction

Welcome to VivaMassage. VivaMassage is committed to providing a safe environment for individuals to browse, buy, sell and engage in services offered by advertisers ("Services") and content ("Content"). Our policies are designed to create a safe and fair environment for everyone using VivaMassage. Learning what's allowed can help you avoid unintentionally breaking the rules and helps everyone have a great experience.
By accessing, and/or using, and/or registering with VivaMassage.co.uk and/or the mobile version, m.VivaMassage.co.uk (the "Site") you are agreeing to the Terms of Use and the Privacy Policy, and you are entering into a legally binding contract with VivaMassage. Please read the Terms of Use carefully before accessing the Site as a registered member or non-registered member. If you do not agree to the Terms of Use you should leave the Site immediately.
VivaMassage reserves the right to amend or update the Terms of Use from time to time. Your continued access to and/or use of the Site means that you agree to be bound by the most current version of the Terms of Use.

Contracting parties

The Site, together with all Content, data and other materials contained therein (save for User-uploaded content) is owned or controlled by VivaMassage.co.uk. VivaMassage.co.uk is referred to in the Terms of Use as "we", "us", "our" or "VivaMassage". The brands, products and service names used in the Site and the Content (including without limitation, "VivaMassage") are trademarks or trade names of VivaMassage or its affiliates or trading partners unless otherwise stated.
Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.

Age of Consent

You must be 18 years of age or older to register or use the Services available via the Site. By continuing to use such Services, you are warranting that you are at least 18 years old and you have the authority to agree to the Terms of Use.

Passwords and Security

Upon registration you will select a password which, together with your email address, you will use to log on to your account (the "Account"), as a registered user (a "Registered User").
By using our Services, you agree to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site. You also agree not to do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site. You further agree not to create additional registration accounts for any purpose, including the abuse of the functionality of the Site, or other users, or to seek to pass yourself off as another User.
If you think someone has used your Account login details without authorisation, or you become aware of any other breach of security, you must let us know immediately via hello@vivamassage.co.uk. You agree that you are responsible to VivaMassage and to others for all activity that occurs on your Account. You agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. By agreeing to this Agreement you expressly agree to the terms of the Privacy Policy.

Using VivaMassage

VivaMassage accepts no responsibility for the Content of and/or the Services offered from, the ads on the Site. You are solely responsible for all information that you submit to VivaMassage and any consequences that may result from your post.
When using the Site and when sending emails in relation to the Site, you agree not to:

Violate any term of the Terms of Use and/or term of the Privacy Policy;
Upload defamatory, abusive, obscene or indecent material;
Upload false or misleading material;
Upload material which you do not have the right to upload;
Copy, modify, or distribute any other User's material (and/or harvest or otherwise collect information about others, including email addresses) without their consent;
Distribute, spam or intentionally send repeated or identical (or similar) messages to any other User;
Publish the contact details of anyone else to any third party, or contact any User or other relevant person who has asked not to be contacted;
Register more than one Account for yourself or anyone else, or bypass measures used to prevent or restrict access to VivaMassage;
Post multiple ads offering the same item or service in more than one classified category or forum, or in more than one geographical area (i.e. spamming, phishing or spreading malware);
Upload material which is or contains spam, chain letters, or pyramid schemes or which may impose an unreasonable load on the infrastructure of VivaMassage;
Upload material that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
Attempt to gain unauthorized access to VivaMassage's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the VivaMassage website;
Attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner;
Upload material that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party, and not to use any robot spider, scraper or other automated means to access VivaMassage and/or collect data or other content for any purpose without VivaMassage’s express written consent (save for internet search engines and non-commercial public archives that comply with VivaMassage’s robots.txt file).

Using ADULT ads

Some of the material contained in the Adult ads on the Site is of an adult nature and relates to adult entertainment services. By accessing the Adult ads, you confirm that:
You are over the age of consent, as defined by the country or state from where you are accessing the Site;
You will only use the Site for legal purposes;
You are accessing the Site from a country or state where it is not illegal to enter adult websites and/or view sexually explicit material;
You are not offended by nudity, sexual imagery or adult sexual activity;
You will not permit or allow any minor, or other person for whom it is illegal, to access this part of the Site;
You have read the Terms of Use, the Privacy Policy, the Disclaimer and the Posting Rules; and
You recognise that the Site uses Cookies and you permit them to be stored on your computer.

Exploitation / Evidence of wrongdoing

VivaMassage believes that two consenting adults are free to act as they wish, so long as they abide by the law.
VivaMassage does not abide sexual abuse or exploitation in any form or sense whatsoever. Please be aware that VivaMassage answers requests from third parties, including law enforcement, where required and VivaMassage will share information with relevant third parties if, in our view, there is evidence that may be relevant to an investigation.

Abusing VivaMassage

VivaMassage works hard to keep its communities safe. VivaMassage reserves the right, at its discretion, without notice and at any time, to take the following action:

Refuse or delete Content which it feels is inappropriate and/or breaches the above terms, and/or goes against either the letter or spirit of the Terms of Use;
Issue Registered Users with written warnings and take any further action under this paragraph as deemed necessary should the written warnings not be heeded to;
Temporarily or permanently restrict a User's usage of VivaMassage;
Refuse a User's registration;
Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
Bring legal action against a Registered User or other user of the Site in relation to any breach of the Terms of Use or any illegal or suspected illegal activity.

VivaMassage shall determine the appropriate action to take on a case by case basis.
Your Account will be terminated if, in VivaMassage's reasonable opinion, you are determined to be a repeat infringe, or otherwise have been the subject of more than one valid takedown request which has not been successfully rebutted.
You agree that VivaMassage may be required by law to access, monitor, store or copy material uploaded to the Site or sent by, or to, Registered Users without further notice to you. You acknowledge that VivaMassage cooperates fully with investigations into violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
VivaMassage shall not be liable to you or any third party for the termination of this Agreement or of access to VivaMassage. You agree to not attempt to use the Services after any such termination. We reserve the right in our sole discretion to remove any Content that, in our judgement, does not comply with this Agreement. We are not responsible for any failure or delay in removing such Content. You hereby consent to such removal and waive any claim against us arising from such removal.

Third parties

You acknowledge and accept that when you upload material to VivaMassage, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, inaccurate, misleading or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against VivaMassage with respect to any such comments or submissions.
VivaMassage accepts no responsibility for any circumstance that may arise as a result of anything stated or inferred in, or from, the Content of the pages within the Site, or its use. VivaMassage shall not be responsible or liable for any loss or damage of any kind incurred in connection with any third party communications. If there is a dispute between Users, or between a User and any third party, you agree that VivaMassage is under no obligation to provide assistance or involve itself in any way. You hereby release VivaMassage, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or VivaMassage (save to the extent directly caused by VivaMassage).

Prices and Payment

Using VivaMassage is free for the most part, but there are some Services for which Users will be charged a fee. If you pay for a Service, you will be given the chance to review and accept terms that will be clearly disclosed at the time of purchase. Prices and availability of Services are posted on the Site and are subject to change without notice. We may amend or update prices at any time by posting new prices on the Site.
Payments may be made by credit or debit card. All credit/debit cardholders are subject to standard validation checks and authorisation by the card issuer to comply with international anti-money laundering regulations before releasing payment.
If your card issuer refuses to authorise payment, your order will be cancelled. VivaMassage will not be held liable for the cancellation, and/or for any related fee incurred, and we are not obliged to inform you of the reason for the refusal. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Due to the nature of the Services, any refunds made are at the sole discretion of VivaMassage, on a case by case basis.

Copyright and Other Relevant Intellectual Property Rights

You retain ownership of the rights you hold in your uploaded Content. You warrant that all Content uploaded by you, either from your own computer or another site/server, is created and owned entirely by you or you have the necessary licenses, rights and permissions to use the Content.
When you upload Content to the Site you grant to VivaMassage a worldwide, perpetual, non-exclusive license to it, or any form of it, in any media, the extent necessary to provide the Services and for VivaMassage's own promotional purposes.
If you are not the creator of the whole of the Content then you must first get permission from the creator or the copyright holder before uploading the Content to the Site. If you upload Content depicting someone other than yourself, you must get permission from such individual(s) before uploading to the Site.
Do not upload any Content that is unlawful, confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site. Certain Content may be protected by copyright (even if not marked with the © symbol).
Unless you have requested otherwise, your name may be published alongside the Content. If you do not want to grant these rights, please do not upload Content to the Site.
Before uploading Content to the Site, please take time to review it carefully. You have an ongoing obligation that the uploaded Content is accurate. Whilst VivaMassage endeavours to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice.
All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law.
Save for Content uploaded by you, VivaMassage owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Content are not for re-distribution, transfer, assignment or sublicense.
Users' Accounts operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on other Users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited.
You acknowledge that we have the right, at our sole discretion, to terminate your Account, limit the number of transmissions you may send or receive through the Site, or limit the amount of storage space, bandwidth, or other resources you may use.
You are solely responsible for making backup copies of any and all of your Content. Do not rely upon the Site as a primary storage space for your Content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

Limitation of Liability

To the extent permitted under applicable law in your territory, all Material(s) and Content available on the Site services are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied. VivaMassage cannot vet all Registered Users and uploaded posts to ensure that the Content is appropriate, accurate and up-to-date. VivaMassage relies on automated processes to moderate Content for the most part, but it will apply human moderators to review Content that is suspicious or reported by Users under the Reporting System.
VivaMassage will do all that it can to ensure that any errors and omissions on the Site are corrected as soon as possible. VivaMassage makes no warranty that:

the Site will remain uninterrupted, timely, secure, or error-free;
the Service(s) provided to the User in response to the ads will be effective, accurate or reliable,
the quality of the Material(s) or Service(s) obtained by you from the Site, from us, or from any website belonging to a third party to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects.

Subject to the fact that nothing in the Terms of Use shall restrict your statutory rights (including your right to receive a reasonable standard of service), use of the Material(s) or Service(s) is at your own risk. You agree that you will be solely responsible for any damage to your person, computer system or for the loss of data that results from use of the Site.
You agree to indemnify and hold VivaMassage, its parent or subsidiary companies and their affiliates, their respective directors, officers, employees and agents from any and all liabilities, claims and expenses, including reasonable legal fees, arising from breach of the Terms of Use, any other policy, your use or access of VivaMassage or any Internet site linked to or from VivaMassage, or in connection with the transmission of any Content on VivaMassage. You agree that questions and complaints received are your exclusive responsibility and you shall indemnify VivaMassage.
You agree to indemnify and hold VivaMassage 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.
Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of VivaMassage.

General

The Terms of Use constitute the entire agreement between VivaMassage and you. You agree that the Terms of Use shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with the Terms of Use shall be subject to the exclusive jurisdiction of the Courts of London, England.
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of the Terms of Use shall operate as a waiver of any breach of the same or any other provision of this agreement. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
If any part, term, or provision of the Terms of Use shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
The Terms of Use may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.

Ownership Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties.
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
Copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited.
You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although VivaMassage does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to VivaMassage an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

Disclaimer of Warranties

You agree that use of the VivaMassage site and the service is entirely at your own risk. The VivaMassage site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, VivaMassage disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the VivaMassage site and the service. To the fullest extent permitted by law, VivaMassage disclaims any warranties for other services or goods received through or advertised on the VivaMassage site or the sites or service, or accessed through any links on the VivaMassage site. To the fullest extent permitted by law, VivaMassage disclaims any warranties for viruses or other harmful components in connection with the VivaMassage site or the service.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations of Liability

Under no circumstances shall VivaMassage be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if VivaMassage has been advised of the possibility of such damages), resulting from any aspect of your use of the VivaMassage site or the service, whether the damages arise from use or misuse of the VivaMassage site or the service, from inability to use the VivaMassage site or the service, or the interruption, suspension, modification, alteration, or termination of the VivaMassage site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the VivaMassage site or the service or any links on the VivaMassage site, as well as by reason of any information or advice received through or advertised in connection with the VivaMassage site or the service or any links on the VivaMassage site. These limitations shall apply to the fullest extent permitted by law.
In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold VivaMassage, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Privacy Policy

Click here to view VivaMassage's privacy policy, which forms part of these terms and conditions.

Posting Guidelines

Click here to view VivaMassage's posting guidelines, which forms part of these terms and conditions.

To contact us:

Email: hello@vivamassage.co.uk

Our Customer Service Team is available to help you Monday to Friday, from 8am until 7pm.