Terms & Conditions

Welcome to MatchMkr.co.uk an online service created and run by Graeme Attkins (hereinafter referred to as "MatchMkr" or "site"). You must read and agree to these terms and conditions before you may access or view our Site. Please read them carefully. By visiting the MatchMkr site, you are agreeing to its terms. This Agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.

1. Eligibility

You must be eighteen or over to register as a member of or use this site. Membership of the site is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18-years old (21-years old where 18 is not the age of majority) - who are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented and erotic nature. The materials, which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old (21-years old where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials. Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, please read our Protect Children page.

By using and/or viewing this site you represent and warrant under penalty of perjury the following:

1. That you are an adult, at least 18-years of age (21-years old where 18 is not the age of majority).
2. That you will not permit any person(s) under 18-years of age (21-years old where 18 is not the age of majority) to have access to any of the materials contained within this Site.
3. That you understand that when you gain access to this site, you may be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
4. That you further represent and warrant that you have not notified any governmental agency that you do not wish to receive sexually oriented material.
5. That you represent and warrant that you have not and will not use and/or view the site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

2. Fees/Termination

The MatchMkr usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. MatchMkr reserves the right to terminate your access to the site for any reason or no reason. MatchMkr may terminate your membership upon sending notice to you at the e-mail address you provide in your application for membership or such other e-mail address as you may later provide to us. If MatchMkr terminates your membership in the MatchMkr service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 1, 3, 13, inclusive, of this Agreement.

You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Graeme Attkins, MatchMkr, 12 Armadale Street, Glasgow, G31 2UX.

3. Non-Commercial Use by Members/Viewers

The MatchMkr site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavours. Organisations, companies, and/or businesses may not become members of this site and shall not use the MatchMkr service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other websites and services in this site's chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorised uses of the site, including unauthorised framing of or linking to the site or the sending of unsolicited commercial e-mail will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at MatchMkr's sole discretion. In order to prevent the sending of unsolicited commercial e-mail or chat messages to its members, MatchMkr may take reasonable steps, including the limiting of the numbers of e-mails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at MatchMkr's sole discretion.

4. Proprietary Rights of Content on MatchMkr

Members own and retain proprietary rights on information and pictures uploaded by them to the MatchMkr site. The site contains the copyrighted material, trademarks, and other proprietary information of MatchMkr, and its partners. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site

1. MatchMkr claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that MatchMkr may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of MatchMkr violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of MatchMkr and/or its members and partners.
2. You are solely responsible for the content that you publish or display (hereinafter, "post") on the MatchMkr site, or transmit to other members.
3. By posting content to any public area of MatchMkr, you automatically grant, and you represent and warrant that you have the right to grant, to MatchMkr and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorise sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
4. MatchMkr will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on this site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commerical in nature; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
5. You must use the MatchMkr service in a manner consistent with any and all applicable laws and regulations.
6. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the MatchMkr site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to MatchMkr by our users or third parties.
7. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other MatchMkr members. Although MatchMkr cannot monitor the conduct of its members off the MatchMkr site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
8. Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, members registered to other MatchMkr operated and "powered by" websites, eg co-branded, privately labelled, etc. This feature may allow you to interact with additional members of MatchMkr websites.

6. Copyright Policy/DMCA Notice

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the MatchMkr site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is being infringed is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. MatchMkr's Copyright Agent for Notice of claims of copyright infringement can be reached at the following address: Graeme Attkins, MatchMkr, 12 Armadale Street, Glasgow G31 2UX.

It is the intention of MatchMkr to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbours immunising it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.

7. Member Disputes

MatchMkr does not solicit or control the information provided by other users that is made available through our systems. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member's profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other MatchMkr members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the MatchMkr site, you release MatchMkr, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. MatchMkr reserves the right, but has no obligation, to monitor disputes between you and other members.

8. Privacy

Use of the MatchMkr site and/or its service is governed by our Privacy Policy, which may change from time to time upon electronic notice to you.

9. Disclaimers

MatchMkr, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the MatchMkr service, whether caused by users, members or by any of the equipment or programming associated with or utilised in the service, nor for the conduct of any user and/or member of the MatchMkr service whether online or offline. Various, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user and/or member communications. MatchMkr is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the MatchMkr site and/or in connection with the MatchMkr service. Under no circumstances will MatchMkr be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the MatchMkr site or transmitted to MatchMkr members. The site and the service are provided "AS IS" and MatchMkr expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MatchMkr cannot guarantee and does not promise any specific results from use of the site and/or the MatchMkr service.

10. Limitation on Liability

Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will MatchMkr be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the MatchMkr service, even if MatchMkr has been advised of the possibility of such damages. You further agree to hold MatchMkr, including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that another user's profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, MatchMkr's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MatchMkr for the service during the term of membership.

11. Arbitration of Disputes

Any and all disputes arising out of or related to these Terms of Use and/or your relationship with MatchMkr and/or your use of this site shall be submitted to binding arbitration according to the rules of the Scottish legal system. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Glasgow, Scotland.

12. Indemnity

You agree to indemnify and hold MatchMkr, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

13. Notices/Other

Except as explicitly stated otherwise, any notices shall be sent by postal mail to:

Graeme Attkins
MatchMkr
12 Armadale Street
Glasgow
G31 2UX

Or to the e-mail address you provide to MatchMkr during the registration process. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. You agree that this Agreement and all incorporated Agreements may be automatically assigned by MatchMkr, in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to MatchMkr shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. MatchMkr's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Policy Effective from: 25/05/2008

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