Terms and Conditions

However you have accessed Shibari News, you are bound by these terms & conditions.

THE AGREEMENT

This Terms of Service, as amended from time to time, (“Agreement”) is between Shibari Academy, LLC. a Massachusetts limited liability company with its principal place of business at Cambridge and you.

You acknowledge that you are entering an ADULT ONLY Internet site. Anything you learn here is for your own personal and non-commercial use only. You will not show any such thing to a minor. You will not allow any minor access to this site or any material found herein.

You hereby agree that you have read and downloaded, saved, and/or printed a copy of this Agreement for your records.

You understand and accept responsibility for your own actions, thus releasing the creators of this web site, the materials herein and the service providers from all liability, including but not limited to injuries, accidents or trauma of any kind, be it emotional or physical, that may occur from any interpretation and / or actualization of the procedures or materials contained herein.

PART I

I. USE OF MATERIAL. Shibari News is the sole owner of all text content on the Shibari news Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto. You may download and print extracts of Shibari News for you personal, non-commercial use only.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at contact@shibarinews.com

II. DISCLAIMER OF LIABILITY. We do not accept any responsibility for any statement in the Shibari News Content. Nothing in the Shibari News Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Shibari News Content or any part of it. You can access other sites via links from the Shibari News Site. These sites are not under our control and we are not responsible in any way for any of their contents.

III. ADVERTISING: We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. If you wish to advertise on Shibari News, please contact us at contact@shibarinews.com

IV. USER CONTENT: When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Shibari News Site.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

We reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time. We accept no liability in respect of any content submitted by users and published by u

PART II – GENERAL TERMS AND CONDITIONS

1. ASSIGNMENT. Shibari News may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party.

2. WAIVER. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.

3. AMENDMENTS. We reserve the right to modify this Agreement from time to time, and we will notify you of any material changes by posting the new Agreement on shibarinews.com and changing the effective date above.

4. LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with the laws of the State of Massachusetts, applicable to contracts made and to be performed within the State of Massachusetts and without regard to the choice of law provisions therein.

5. ARBITRATION. Each party will promptly notify the other in writing of any dispute.  Each party’s designated representatives will meet within ten (10) days following the receipt of such written notice and will attempt to resolve the dispute within fifteen (15) days.  Any and all claims or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the Commercial Rules, but not the administration of the American Arbitration Association.  The arbitration will be conducted in Cambridge, Massachusetts.  The laws of the State of Massachusetts (except its conflict of laws provisions) will govern the interpretation and enforcement of this Agreement and all disputes relating to this Agreement.  Within ten (10) calendar days of service of a demand for arbitration, the parties will agree upon a sole arbitrator.  If a sole arbitrator cannot be agreed upon, a panel of three (3) arbitrators will be named; each party will select one (1) arbitrator and the two (2) arbitrators selected by the parties will select a knowledgeable and impartial third arbitrator.  There will be no discovery during the arbitration other than the exchange of the information and documents, which shall be provided directly to the arbitrator(s) upon request and approval of specific discovery requests.  A final hearing shall be conducted within three (3) months of the appointment of the arbitrators.  If damages are awarded, the arbitrator(s) will only award compensatory damages and will not award punitive or other non-compensatory damages.  The prevailing party shall be entitled to recover reasonable attorney’s fees and costs associated with the action, including the prevailing party’s share of the arbitration fees (i.e., the prevailing party’s share of the sole arbitrator’s fees, or the cost/fee of the prevailing party’s arbitrator and it’s share of the third arbitrator appointed, if any).  The decision of the arbitrator(s) will be final and binding and may not be appealed.  A party may apply to any court having jurisdiction to obtain a judgment enforcing the decision of the arbitrator(s).  The parties may cancel or terminate this Agreement in accordance with its terms and conditions without following the procedures in this Section.