Member Terms of Service Agreement
Welcome to SkyStem Ltd, the British service for people to meet each other online. Please take time to read these Terms of Service, as it is important for both of us that you understand our contractual relationship relating to your use of our service.
These are the terms and conditions governing the use of this website and the agreement that operates between us and you (the "Terms"). These Terms set out the rights and obligations of all users ("you"-"your") and those of SkyStem Limited ("us"-"our"-"we") in relation to the services offered by us through this website or any of the other partner websites to which we may link (hereinafter collectively known as "Services"). These Terms apply to the entire contents of this Website ("website") or to any other partner websites to which we may link and to any correspondence by email between us and you or between you and other users.
1. Member Obligations
You agree to the following:
1.1.1 That access to the Services and SkyStem Ltd networks is allowed at the sole discretion of SkyStem Ltd. SkyStem Ltd reserves the right, at its sole discretion to refuse certain Members access to all or part of the Services if SkyStem Ltd considers it likely that allowing the Members in question to access the Services of SkyStem Ltd networks would be likely to lead to a breach of these Terms and Conditions.
1.2 To provide true, accurate, current and complete information when you register as a member of SkyStem Ltd ("User Information"); and notify us immediately of any changes to the User Information.
1.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
1.4 We reserve the right to terminate your account (including user name and password) if any User Information is untrue, inaccurate, out-of-date or incomplete.
This site is for Adult use only. You must be 18 years or over to register as a member of SkyStem Ltd or to use this Service. By using this website, you warrant that you have the right and capacity to enter into this Agreement and to abide by all its terms and conditions.
3. Membership Types
Everyone who registers on a SkyStem Ltd website becomes a "Member", but there are two types of membership, members who decide to pay a fee for our full service become "Subscribing Members" and those who don’t become "Standard Members" who avail of our Free Service. On registration, we may send you an activation code to verify that the email address provided by you is valid before we accept your membership.
4. Standard Membership
(a) Standard Members can access the Website and send and receive messages to other members for free. Not all features of the website are available to standard members but you will be able to contact and be contacted by other people.
(b) All standard members messages are scanned by us (usually by way of an automated script) to check that the service is not being abused and that contact information or arrangements are not being exchanged.
(c) Anyone found to be abusing this service may have their membership suspended or cancelled. We reserve the right to cancel your standard membership, with or without reason, with immediate effect.
(d) Please note that accounts cannot have more than one user for safety and privacy reasons.
5. Subscription Membership ('Gold Member' or such other subscription Services as we may from time to time introduce)
(a) Subscription members can access other Services/areas of the website not available to standard members for example events, instant messages, chat room etc. We offer our subscription members a higher level of customer service and continuously strive to introduce new added value services to you.
(b) As a subscription member you will be able to send/receive any omitted messages to other subscription members and review profiles without the system filtering the profile or message.
(c) Please note that accounts cannot have more than one user for safety and privacy reasons.
6. Payment and Cancellation of Service
(a) Payment for subscription member services requested must be paid in full, by credit card or debit card, online at the time of registration, or by cheque/postal order/bank draft to us.
(b) Subscription membership will be billed monthly, quarterly or yearly as you indicate in your registration. As such we will need at least two working days notice before billing is to occur. Membership is billed on a reoccurring basis until you decide to cancel your membership.
(c) Subscription member services are provided to you as and from when your registration and fee is processed. This means that you will not be entitled to cancel your membership within the "cooling off" period that may be provided for certain purchases under the Consumer Protection legislation.
(d) If you wish at any stage to cancel your subscription membership you must give us at least two working days notice in writing to SkyStem Ltd, Unit 1150, PO Box 6945, London, W1A 6US, United Kingdom or to [email protected]
In this event we will not be able to provide you a refund for any unused amounts of membership fees paid.
(e) We reserve the right to cancel your subscription membership, with or without reason, with immediate effect for breach of agreement. In this event, we will credit you for the appropriate service amount not used but already paid for. An administration charge will be required to process any refund. We are not obliged to enter into correspondence as to why your membership has been cancelled.
(f) You agree that SkyStem Ltd may, from time to time, offer promotional rates to new or existing users of the websites or partner's sites. You also agree that SkyStem Ltd may charge additional payment for other services provided on the site, including but not limited to SMS. You will be made aware of these charges when you click on the relevant Service.
(g) Once you become a member of SkyStem Ltd, we reserve the right to send you future site reminders or promotional offers (which may be from third parties) by email. This will apply even if you have deactivated your account but will not apply if you click the unsubscribe link at the bottom/footer of our e-mails. You may also send an e-mail to: [email protected]
to cease further e-mail contact
(h) To cancel your subscription, you must send an email to [email protected]
requesting the cancellation at least 2 working days before your subscription is due. Deactivation of the account is not a sufficient reason for cancellation your Gold Member subscription.
(i) All transactions related to Makefriendsonline.com are a Card Not Present transaction thus it is not possible to provide a customer with a copy of a terminal receipt.
(j) All special offers, such as £1 offers, 50% and 70% off and other special offers (such as: 7 days membership, 10 days membership and all other membership plans offered at discounted prices), are re-billed at the regular prices. To cancel such subscription renewal, you must send an email to [email protected]
requesting the cancellation at least 2 working days before your subscription is due. Deactivation of the account is not a sufficient reason for cancellation your Gold Member subscription.
7. Credits Terms of Service
(a) By clicking the "Get Credits" button, you authorize to charge your Credit card £1, £1.50 or £7.50 for 100, 500 or 1000 credits for use on makefriendsonline.com sites and accept the Terms for SkyStem Limited outlined below. You can check your current balance in settings
(b) When you purchase or receive credits, you do not own the credits.
(c) You receive a limited right to use such credits for features such as Highlight, Bypass message delay, etc.
(d) Purchases of credits are non-refundable.
(e) Top-up works by adding credits to your account.
(f) We may change the purchase price for credits at any time as well as the ways that you can use credits. We also reserve the right to stop issuing credits.
(g) Credits are not redeemable for any sum of money or monetary value from us.
(h) Unused credits expire after 12 months.
(i) If you permanently delete your account or if your account is terminated by SkyStem Limited due to breach of the Terms and Conditions, you will lose any accumulated credits.
(j) If you receive free or promotional Credits, we may expire them at any time.
8. Member Content and Code of Conduct
(a) You are solely responsible for the content that you publish or post on the website or send to other members.
(b) You may not include in your profile any telephone numbers, address, last names, URLS, email addresses or other personal contact information.
(c) You agree not to upload, post, email, transmit or otherwise make available any contact that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or ethnically or otherwise objectionable.
(d) You agree not to misuse the website (including, without limitation, by hacking or cracking).
(e) You agree not to post any or all of the following, which is a sample only of some of the activities that will be deemed unacceptable and which could give rise to the suspension or cancellation of membership or other rights of action as may be necessary. It will be unacceptable to post any content:
* That contains false or misleading information;
* Of people who are under 18 years of age;
* Involving purely sexual relationships;
* Containing sexual or suggestive language;
* Containing references to illegal practices;
* Containing offence or threatening remarks;
* Containing libels or unlawful remarks;
* create, host or transmit offensive or obscene material, or engage in activities, which would cause offence to others on the grounds of, amongst other things, race, creed or sex.
* Which encourages others to break these terms of service which involves the transmission of "junk mail" "chain letters" or "Spam".
* That engages in commercial activities such as advertising contents lotteries, barter or any other such schemes.
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraphs 8(c) or 8(e)
(f) Use of the website is governed by our Privacy Statement.
(g) Any photo provided must be of you only. All images and photographs will be checked and reviewed before being posted to the website and only those pictures which we believe to be genuine will be used. You are not permitted to post obscene images, images of actors or models, pictures of cartoon characters or other pictures which are not a picture of you. We reserve the right to post your image or any other image, the right to crop images and the right to display the image on different pages throughout the website and on partner websites and not just on your profile page. You also agree that any hardcopy photos sent to you by SkyStem Ltd will not be returned to you without an SAE.
(h) The Services may not be used for any activity, which contravenes the laws of United Kingdom, or any other applicable jurisdiction.
(i) Members may not use the Services to seek to gain unauthorised access to SkyStem Ltd facilities, services or resources or to the facilities, services or resources of connected networks.
(j) Members may not use the Services to create, host or transmit material, which infringes the intellectual property rights of another person or organisation including, but not limited to, copyright and related rights, database rights, trade marks, industrial designs and patents
(k) Members may not use the Services to engage in activities, which compromise the privacy of others.
(l) Members may not use Services to transmit unsolicited commercial or advertising material either to other members or to other organisations connected to other networks, if the transmission of such material causes or is likely to cause annoyance to the recipient.
(m) Members may not use Services to transmit unsolicited or bulk email either to other members or to other organisations connected to other networks, if the transmission of such material causes or is likely to cause annoyance to the recipient.
(n) SkyStem Ltd reserves the right, to take any action it deems appropriate when dealing with third party content, which whilst not necessarily illegal, is none-the-less considered by SkyStem Ltd, on reasonable grounds, to be inappropriate and deliberately calculated to cause unreasonable anxiety, inconvenience or stress to others.
(o) SkyStem Ltd informs its Members that it may from time to time receive notices from www.hotline.ie requesting the removal of specified material from web sites or newsgroups hosted on its services and providing that it is reasonable to do so SkyStem Ltd must comply with such notices within a reasonable time.
9. Security & Personal Information
9.1.1 SkyStem Ltd will use its reasonable endeavours to prevent unauthorised access to the Services by third parties, but shall have no liability to the Member for any unauthorised access to the Member's computer system. The Member is responsible for selecting and properly using any security procedures made available by SkyStem Ltd as well as other procedures and measures necessary to safeguard and back-up the Member's files, data and programs or any other form of information.
9.2 Depending on which Service you subscribe to you may be issued with a set of unique passwords. You are responsible for the security and proper use of all passwords relating to the service and must take all necessary steps to ensure that all passwords are kept confidential, secure, used properly and not disclosed to other people.
9.3 Other users of your username and password shall be bound by these terms and conditions as if they were you. You agree to immediately notify us of any unauthorised use of your username or password or any other breach of security of which you become aware.
9.4 SkyStem Ltd reserves the right, at its absolute discretion, to require the Member to change any username or password used by the Member in connection with the Service.
9.5 SkyStem Ltd reserves the right, at its absolute discretion, to suspend the Member's user name and/or password and/or access to the Service if at any time SkyStem Ltd considers that there is or is likely to be a breach of security or of this Agreement or any other agreement entered into by the Member and require the Member to change any user name or password used by the Member in connection with the Service.
10. User Material
Other than personally identifiable information, which is covered under the Privacy Statement, any material that you transmit or post to this website through or on SkyStem Ltd services will be non confidential and non proprietary. The company will have no obligations with respect to such material. The company and its designees, servants and agents, will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
We reserve the right to refuse any profile or photograph that we feel is inappropriate for this site or make changes to the profile or message. We also reserve the right to add or remove certain services on the website.
SkyStem Ltd reserves the right to take such action as it deems appropriate against any Member who violates any of these Terms and Conditions. In such cases, the Services (including your username and password, and other data stored on SkyStem Ltd) may be limited, interrupted or terminated with or without notice to the Member.
12. Member Disputes
You are solely responsible for your interactions with other members of SkyStem Ltd. However, SkyStem Ltd reserves the right but has no obligations to monitor disputes between you and the other members.
13. Offline Meetings
It is your decision if and when you meet another member offline. Any offline meeting between the users of this Website including member-organised events or SkyStem Ltd organised events is purely the responsibility of each user.
14. Service Access
While we try to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason it or any partner in the Services is unavailable at any time for a particular period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control
If you have any complaints regarding the Services please contact us at [email protected]
(a) SkyStem Limited is not responsible for the conduct, whether online or offline of any user of the website. In respect of information provided by information providers to whom access has been gained by the Member via the Service, the Member acknowledges that SkyStem Limited does not warrant or guarantee:
(i) the accuracy, completeness, performance, quality, suitability or usefulness of such information; or
(ii) that such information will be free of infection by viruses, worms, Trojan horses or anything else manifesting, contaminating or destructive properties; or
(iii) that such information will not contain adult-oriented material, or material which some individuals may deem objectionable.
(b) SkyStem Ltd does not warrant that the Services will meet the Member's requirements or that the operation of the Services will be uninterrupted or error-free or that any defect in the Services can or will be remedied. In particular, SkyStem Ltd makes no warranties or representation to the extent that the operation of the Services is dependent on third party service providers and SkyStem Ltd shall have no liability in respect of defects, interruptions or malfunctions in the Services, which are attributable to such third party service providers.
(c) The terms and information contained on this website may change from time to time without notice and therefore each time you use this website you should check these terms and any relevant information for yourself. Due to the open nature of this website and to the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to, by or obtained from this website and do not vouch for the character of those other members that you meet on the website, unless otherwise expressly set out on this website.
(d) All materials posted on this website are provided "as is" and without warranties, express, implied or otherwise howsoever arising.
(e) To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all warranties, including without limitation any warranty of merchantability or fitness for a particular person.
(f) Under no circumstances whatsoever will we be responsible for any personal or psychiatric injury, distress, upset or trauma, loss or damage to you or anyone else resulting from your use of the Services, nor from your access to transmissions posted by others, nor resulting from your reliance upon material posted by others on the Services or to you or other members. We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other person on any web site you establish using the Services.
(g) We reserve the right but have no obligation to monitor the material posted on the Services and to reserve the right to remove any such material at our sole and unfettered discretion. Notwithstanding our right in this regard, you remain solely responsible for the content of the material you post on the website or to other members.
(h) You acknowledge that SkyStem Limited has no control over the information which can be accessed by using the Services and that we do not examine the use to which you or other users put the Services or the nature of the information you or they are sending or uploading. We therefore exclude all liability of any kind for the transmission or reception or such information of whatever nature.
16. Hypertext Links
This website may be linked to or from other websites that are not maintained by us. We are not responsible for the content of those websites. The inclusion of any link to or from such websites does not imply endorsement, sponsorship or recommendation by us of the website and we disclaim any warranty (expressed, implied or otherwise howsoever arising) about the content and operation of these sites. We disclaim any liability for links:
(a) from another website to this website; or
(b) to another website from this website.
17. Use of Customer's contact information
You agree in consent that we may use your contact information (i.e. email, postal address and/or other contact details) in order to contact you with regard to your use of the Services.
18. Limitation of liability
(a) Nothing in these terms shall limit our liability for death or personal injury resulting from our negligence, or for fraud.
(b) We will not be liable under this contract for any loss or damage caused whether or not by us or by our employees or agents or other members, in circumstances where:
i. There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii. Such loss or damage is not a reasonably foreseeable result of any such breach;
iii. There is any increase in loss or damage resulting from breach by you of any term of this contract; and
iv. The losses or business losses, and/or losses to non-consumers.
You agree to indemnify us, or any company in the same corporate group and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Services.
These terms and the agreement are between you and us. You are not entitled to assign or delegate your rights under them.
21. Intellectual property
All copyright, trademarks and all other intellectual property rights in any on the website or in material supplied as part of the Services is ours or is licensed to us and you shall not copy reproduce, transmit, distribute or create derivative works of such material without our express permission. This does not prevent you from using this website to the extent necessary to avail of the Services
The material and content contained within SkyStem Ltd and the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) distribute or commercially exploit such material and content. If you become aware of any such distribution or commercial exploitation, you will let us know immediately.
22. Amendment of the terms
SkyStem Limited reserves the right to amend these terms and conditions and will post any changes on the website. Each time you use this website you will be bound by the then current terms and you should review these each time that you make a visit to the site to satisfy yourself that you are happy with them.
These terms shall be deemed severable. In the event that any provision is deemed to be unenforceable or invalid, such provisions shall none the less be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these terms and conditions are included for convenience only and shall not define, extend, limit or otherwise affect these terms.
25. Force Majeure
Neither you nor us shall be liable for failure or delay in performing any obligation under this agreement. If the failure or delay is caused by circumstances beyond your or our reasonable control, including but limited to acts of god, war, civil commotion or industrial dispute ("force majeure"). If such delay or failure continues for at least 30 days, the party not subject to the force majeure shall be entitled to terminate this agreement by notice and writing to the other. The party subject to the event of force majeure shall, as soon as practicable, give notice of the event to the other party, such notice to include a reasonable forecast of the duration of the event.
26. Governing Law
These terms are subject to British Law and to the exclusive jurisdiction of the courts of United Kingdom.
Your use of this website indicates that you accept these Terms and Conditions of service and the Privacy Statement regardless of whether or not you choose to register with us. If you have any questions, please email us. SkyStem Limited, trading as SkyStem Ltd is an United Kingdom Company. SkyStem Ltd is one of the trading names of SkyStem Limited.