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Your terms of use here |
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Terms and Conditions of Use
These are the terms and conditions covering your Membership of Smartmates.com and your use of this site. Any infringement may result in loss of access to any part of the site or your Membership being cancelled and you being barred from the site.
By ticking the box next to the text 'I have read the terms and conditions of membership and agree with the content' and 'I confirm that I am over 18 years of age' on the Member Join Page, and clicking the Register button, you accept and agree to the terms and conditions detailed on the web site. Every time you access this service you confirm your agreement with the Terms and Conditions. If you do not agree to these terms and conditions, you may not use this website and should not register to use the services available through this website.
Use of this site is limited to individuals who must be at least 18 years old and is intended for adult Members to communicate with each other online.
The Terms and Conditions are personal to you. You may not assign your rights or obligations to anyone. If any provision in these Terms and Conditions is invalid or unenforceable under applicable law, such provision will be inapplicable, but the remaining provisions of this agreement will continue in full force and effect.
You agree to indemnify and hold harmless The Company, its officers, directors, employees, agents, affiliates, partner sites and third parties, from any loss, claim or damage, including reasonable legal fees, arising out of or resulting from your use of this site. This includes any violation of the Terms and Conditions of this agreement or any action arising from the content that you publish on this site that infringes the intellectual property rights (which include without limitation copyright, trade secrets, trademark or patent) of any third party or content or communication that denigrates, libels or invades the privacy of any third party.
1. Parties
These terms and conditions cover the supply of services (The Service) by Allmates Data of Enterprise House, Hatton Lane, Warrington WA4 4NG, England (The Company), or any successor or assignee, to You (The Member).
2. Content
You alone are responsible for any content or information you enter on your profile and any communication with other Members. The Company is not the publisher and only provides the channel for Members to publish and/or distribute their personal information. All views and information expressed in users' communications and profiles represent the opinions of the users concerned and do not represent the views of The Company.
No responsibility is assumed by The Company for the publication of any member's information, including pictures published by Members. While it is incumbent on the Member to decide on what information the Member wishes to make available to other Members or other Internet users, The Company reserves the right to exercise ultimate editorial control over profile and picture content.
The Company does not verify the accuracy or truth of any information published by Members. Be careful in dealing with other Members.
Whilst The Company reserves the right to delete or remove content deemed offensive by The Company, The Company does not guarantee that offensive material will be removed or deleted. Failure by The Company to remove or delete offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases. The Company also reserves the right to monitor all public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.
You may not publish offensive content, this includes content that contains offensive language, overtly sexually explicit content (including photographs), is unlawful, threatening, libellous, abusive, harmful, bigoted, racially offensive, obscene or harassing. Further you may not publish content that encourages behaviour that may constitute a criminal offence, result in civil liability or otherwise violate any applicable local, state, national or international law or regulation.
You may not publish content including photographs that directly or indirectly alludes to child pornography or attempts to solicit communication with or on behalf of any person under the age of 18.
You may not publish content that contains advertising or commercial messages, forward chain letters or imply that Members may profit financially from providing you with goods or services.
You may not impersonate any other person or entity.
You may not publish in your profile any personal contact information. This includes but is not restricted to, email addresses, telephone numbers, instant messaging contact details (e.g. ICQ numbers, etc) web site URLs, etc. Personal contact information will be removed.
You may not solicit other members’ contact details or disclose your subscription status in your profile.
The Company reserves the right to extract content from profiles, along with the Member Nickname and photo(s), and feature them in promotional material. By creating a profile you grant The Company permission to publish your profile in any of our partner sites. You also grant The Company and its successors and assignees, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant The Company the right to authorise the downloading and printing in whole or in part of any material that you have posted on The Service, by end-users for their personal use.
3. Account and Password Details
The Member is solely responsible for maintaining the confidentiality of their member name and password
4. Copyrighted Material
You may not post material belonging to a third party on the site without permission from them. This includes but is not limited to photographs, images and text. Should you believe that material belonging to a third party has been posted on the site you are requested to contact The Company with full details of the alleged copyright infringement including the Member username and your contact details.
5. Harassment and Disputes
You may not harass any Member and agree to cease contacting any other Member who has requested you to cease. Should you wish you have the option to ‘block’ any Member by selecting the appropriate option on their profile. ‘Blocked’ Members will not be able to contact you via the site.
You alone are responsible for ensuring that your interaction with other Members is lawful. The Company advises you that there may be risks of dealing with Members acting under false pretences or with criminal intent. We recommend that you read our Safety tips on the site.
The Company cannot control what happens between members once they decide to meet in person, however should you encounter behaviour that may be deemed harmful to other Members you are requested to contact The Company with full details. We may, if deemed appropriate and at the sole discretion of The Company, warn the offending Member and/or suspend or delete their profile.
Please note, The Company will not become involved in any disputes between Members and does not provide any arbitration or settlement services should a dispute arise between Members.
6. Member Communications
While you may exchange any information you wish in replies and subsequent messages, messages to members who have not previously contacted you may not contain email addresses or other contact information. (Responses via our IceBreaker service do not qualify as prior contact for these purposes.) The company does not review or censor all message content, but it reserves the right to remove contact details from messages. You alone are responsible for ensuring that message content is appropriate. Further, you must ensure that you save any messages that you wish to keep since we cannot retrieve any messages deleted by you.
7. Content Visibility
Member profiles from this site may also be visible where applicable on other network sites operated by the Company. This substantially increases the reach of your profile and the chances of finding a successful match. If your profile becomes one of the most popular profiles on the site, then it may be selected to appear on the Home page of the site as one of our Featured Profiles. These featured profiles may additionally appear on sites operated by selected media partners as part of their promotion of the dating site.
8. Content Storage
The Company assumes no responsibility for the deletion of or failure to store your content, including profile details and photographs.
9. Member Privacy
The Company will not disclose any personal details supplied by Members that is not publicly displayed on the Member's Profile, this includes the Member's real name, email address, contact details, etc without the Member's prior written consent. Information will only be disclosed as necessary or appropriate to comply with applicable laws or in legal authorities where such information is relevant as has been requested by the appropriate authority. Please read our Privacy Policy for full details.
10. Membership, Subscriptions and Cancellations
You may register your profile for free and will have access to most of the service. After the initial free access period when The Service is launched, subscription charges will be levied to gain full access to the service, including but not limited to the ability to send personal messages. Subscription is entirely voluntary and you may remain a free Member as long as you wish.
The Company may change the subscription pricing, options, renewal terms or Member services at any time. The Member may cancel their Membership and/or subscription at any time. Subscription fees are not transferable from one Member profile to another.
The Company does not give refunds, regardless of the reason for terminating The Service. The fee paid for Full membership is for the ability to use the extra features of Full membership - it does not give any guarantees of level of service. The cost of full membership is so low that the admin charges involed in taking the money in the first place then processing the refund are often comparable to the entire cost of the full membership. If we gave refunds we'd have to increase the price - hence our 'no refund' policy. You agree that you accept The Company’s Refund Policy as described above.
The Company may suspend or terminate the Subscription and/or Membership of any Member who violates these Terms and Conditions. If your access is suspended or terminated in accordance with this Agreement, you agree that you shall not re-register for, or re-access, this Website without The Company’s prior written consent. The member will be notified by e-mail of such termination. The termination will be effective upon receipt of the e-mail by the member.
Termination by a Member can be undertaken via e-mail, sent to members@smartmates.com stating that the Member who owns the registered e-mail address wishes to terminate his/her membership with immediate effect. Alternatively Members can terminate their membership using the menu option Cancel My Account. Members may alternatively suspend their account at any time for any reason and can easily subsequently reinstate it by logging in and activating their account in “Edit My Profile”.
After termination by The Company or by the Member him/herself, Members are still bound by the Terms & Conditions related to disclosing information of other Members as well as all copyright clauses.
Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service by others may be grounds for termination of the Member’s access to all or part of The Service at our sole discretion, and The Member may be referred to appropriate law enforcement agencies. All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of this Agreement for whatever reason.
11. Service Provision & Liabilities
The Company will use reasonable endeavours to enable uninterrupted access to this Website but access to this Website may be suspended, restricted or terminated at any time and The Company reserves the right to change, modify, substitute or remove any information on this Website and/or restrict access to this Website or any part of it, without notice from time to time.
We cannot guarantee that you can use the service 100% of the time. Whilst we strive for reliability, the Internet is inherently an unstable environment - like many websites we also occasionally suffer glitches and sometimes need to briefly close the site for short periods of maintenance.
The Service is designed for use with the latest PC versions of Internet Explorer and Netscape Navigator and is fundamentally designed as a self-service system. Members are expected to do everything they need to their account themselves. Members are also expected to have a working, up to date browser and knowledge of how to use it. Members with any other/older browsers or different computers (e.g. Mac, Unix) are responsible for satisfying themselves that the site works well enough for them before paying. The Company also cannot offer technical support for people with old/faulty browsers or who dont know to use them (i.e. we expect people to be able to clear their cache and adjust cookie settings on their browser).
The Service is distributed on an as is basis. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained within this Website. We do not guarantee that this Website will be fault free and do not accept liability for any errors or omissions. There may be delays, omissions, and interruptions in the availability of the Service. Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access this Website, any use of this Website or reliance on the data transmitted using this website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with these terms and conditions or use of this Website save where such liability cannot be excluded by law. The entire liability of The Company in respect of all defaults, in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, arising under or in connection with this Agreement shall not exceed, in respect of any twelve month period, to the sums paid by you to us in such period under the Subscription Terms or £50, whichever is the greater, regardless of the number of events giving rise to liability.
You acknowledge that use of the Services and the Website is at your own risk.
12. 3rd Party Services and or Special Offers
Once you become a Member we reserve the right to send you future site reminders or promotional offers [which may be from 3rd parties] by e-mail. This will apply even if you have suspended your account. If you do not wish to receive such information, please send us an e-mail to members@smartmates.com and you will receive no more of these. Deleting your account automatically cancels all such ongoing communication.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by The Company of the contents on such third-party web sites. As The Company has no control over such sites and resources, you acknowledge and agree that The Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, product , services or other materials on or available from such sites or resources. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. If you decide to access linked third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.
The Company does not guarantee the accuracy, completeness or usefulness of any information supplied through The Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, compatibility prediction or statement made. The Services provided on the Website may from time to time include messages from advice columnists who respond to relationship questions. Any statements made by advice colunists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counsellor with respect to such issue.
13. Modifications to Terms and Conditions
The Company may modify these Terms and Conditions from time to time in its sole discretion and/or to take account of new legislation, statutory instruments, Government Regulations, Licences, similar matters and for any other reason. Any such variation shall be published on this site.
14. Legal Venue
This agreement will be governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
15. Rights of Third Parties
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act
16. Severability
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
17. Entire Agreement
This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject. You also may be subject to additional terms and conditions that may apply when you use affiliate or other third-party services.
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