1 TERMS OF WEBSITE USE
2 OTHER APPLICABLE TERMS
3 INFORMATION ABOUT US
3.1 Matchchat.co.uk and the Plug-in are operated by Sn&ck Media Limited ("We"). We are registered in England and Wales under company number 06120966 and have our registered office at SN&CK Media Ltd, Rosebery House Business Centre, 70 Rosebery Avenue, London, EC1R 4RR.
3.2 We are a limited company.
4 CHANGES TO THESE TERMS
4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
5 CHANGES TO OUR SITE
5.1 We may update our Site or Plug-ins from time to time, and may change the content at any time. However, please note that any of the content on our Site or Plug-ins may be out of date at any given time, and we are under no obligation to update it.
5.2 We do not guarantee that our Site or Plug-ins, or any content on them, will be free from errors or omissions.
6 ACCESSING OUR SITE
6.1 Our Site or Plug-ins are made available free of charge. Please note that if you are using a mobile device you should be aware that your mobile provider’s normal rates and fees will still apply while you are using our Site or Plug-ins.
6.2 We do not guarantee that our Site or Plug-ins, or any content on them, will always be available or be uninterrupted. Access to our Site or Plug-ins is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site or Plug-ins without notice. We will not be liable to you if for any reason our Site or Plug-ins are unavailable at any time or for any period.
6.3 You are responsible for making all arrangements necessary for you to have access to our Site or Plug-ins.
7 YOUR ACCOUNT AND PASSWORD
7.1 If you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.3 If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [email protected].
8 INTELLECTUAL PROPERTY RIGHTS
8.1 We are the owner or the licensee of all intellectual property rights in our Site and Plug-ins, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 Our status (and that of any identified contributors) as the authors of content on our Site or Plug-ins must always be acknowledged.
8.3 You must not use any part of the content on our Site or Plug-ins for commercial purposes without obtaining a licence to do so from us or our licensors.
8.5 By providing, uploading, contributing, disseminating or otherwise making content or information available on our Site or Plug-in you:
8.5.1 assign ownership of the intellectual property rights in that content or information to us;
8.5.2 warrant that at the time of contributing the content or information you are the sole owner of the intellectual property rights in that content or information, and agree to indemnify us from and against any claim by a third party that the content or information infringes their intellectual property rights;
8.5.3 warrant that you have the consents relevant and applicable to any third party featured or appearing (or whose trademarks and other intellectual property may appear) in that content or information to share it with us, and to assign ownership of the intellectual property rights in that content or information to us, and agree to indemnify us from and against any claim by a third party that results from your failure to do so; and
8.5.4 agree to waive any and all moral rights that you may have to be recognised or attributed as the author or creator of that content or information.
8.6 We do not accept any liability for content or information that you choose to share through our Site or Plug-ins, including its loss, theft or misappropriation by other users. Content or information is shared at your own risk, and you should also note that disclosure of such content may affect your ability to claim, register or assert any intellectual property rights in relation to that content or information at a later date.
8.7 We will not be responsible, or liable to any third party, for the content or accuracy of any content or information posted by you or any other user of our Site or Plug-ins. We do not accept any liability, howsoever arising, for any content or information on our Site or Plug-in that has not been generated and contributed by us or for any loss, direct or indirect and of whatever nature, that you may suffer as a result of that content or information.
9 NO RELIANCE ON INFORMATION
9.1 The content on our Site or Plug-ins is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site or Plug-ins.
9.2 Although we make reasonable efforts to update the information on our Site or Plug-ins, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site or Plug-ins is accurate, complete or up-to-date.
10 LIMITATION OF OUR LIABILITY
10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or Plug-ins or any content on it, whether express or implied.
10.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
10.3.1 use of, or inability to use, our Site or Plug-ins; or
10.3.2 use of or reliance on any content displayed on our Site or Plug-ins.
10.3.3 If you are a business user, please note that in particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
10.4 If you are a consumer user, please note that we only provide our Site or Plug-ins for domestic and private use. You agree not to use our Site or Plug-ins for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, smart phone or other mobile device, computer programs, data or other proprietary material due to your use of our Site or Plug-ins or to your downloading of any content on it, or on any website linked to it.
10.6 We assume no responsibility for the content of websites linked on our Site or Plug-ins or displaying our Plug-ins. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10.7 If you are dissatisfied or harmed by the Site or a Plug-in, you may terminate this agreement by closing your profile pursuant to clause 14, and such termination shall be your sole and exclusive remedy.
10.8 We are not responsible for, and make no representations or warranties in relation to, the delivery of any content or information sent through our Site or Plug-ins to anyone. In addition, we neither warrant nor represent that your use of our Site or Plug-ins will not infringe the rights of third parties. Any material, service, or technology described or used on the Site or Plug-ins may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
10.9 Our Site and Plug-ins do not have any obligation to verify the identity of the persons subscribing to their services, nor do they have any obligation to monitor the use of their services by other users of the community; therefore, we disclaim all liability for identity theft or any other misuse of your identity or information.
10.10 We do not guarantee that the services our Site and Plug-ins provide will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. We disclaim all liability for damages caused by any such interruption or errors in functioning. Furthermore, we disclaim all liability for any malfunctioning, impossibility of access, or poor use conditions of our Site or Plug-ins due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet or mobile network, and for any other reason.
11 UPLOADING CONTENT TO OUR SITE
11.1 Whenever you make use of a feature that allows you to upload content to our Site or Plug-ins, or to make contact with other users of our Site or Plug-ins, you must comply with the content standards set out in clause 12 below.
11.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3 Any content you upload to our Site or Plug-ins will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose (including commercial use).
11.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site or Plug-in constitutes a violation of their intellectual property rights, or of their right to privacy.
11.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site or Plug-in.
11.6 We have the right to remove any posting you make on our Site or via a Plug-in if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
11.7 Where you use a Plug-in displayed on a third-party’s website, that website’s owner may, in it’s absolute discretion, remove any posting you make via such Plug-in.
11.8 The views expressed by other users on our Site or Plug-in do not represent our views or values.
12 Acceptable use
12.1 PROHIBITED USES
12.1.1 You may use our Site and Plug-ins only for lawful purposes. You may not use our site:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
12.1.2 You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our Site or Plug-ins in contravention of these terms.
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of our site;
(ii) any equipment or network on which our site is stored;
(iii) any software used in the provision of our site; or
(iv) any equipment or network or software owned or used by any third party.
12.2 INTERACTIVE SERVICES
12.2.1 We may from time to time provide interactive services on our Site or Plug-ins, including, without limitation:
(a) Chat rooms.
(b) Bulletin boards.
12.2.2 We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
12.2.3 Users are able to flag any Content which they consider discriminatory, abusive, offensive or inappropriate, or which they consider does not meet our Content Standards (see below). We may opt to remove any Content at our sole discretion regardless of whether it has been flagged by a user and for any reason.
12.2.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.
12.2.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
12.3 CONTENT STANDARDS
12.3.1 These content standards apply to any and all material which you contribute to our Site and Plug-ins (“contributions”), and to any interactive services associated with it.
12.3.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
12.3.3 Contributions must:
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in the UK and in any country from which they are posted.
(d) Contributions must not:
(i) Contain any material which is defamatory of any person.
(ii) Contain any material which is obscene, offensive, hateful or inflammatory.
(iii) Promote sexually explicit material.
(iv) Promote violence.
(v) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(vi) Infringe any copyright, database right or trade mark of any other person.
(vii) Be likely to deceive any person.
(viii) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(ix) Promote any illegal activity.
(x) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(xi) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(xii) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(xiii) Give the impression that they emanate from us, if this is not the case.
(xiv) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
12.4 SUSPENSION AND TERMINATION
12.4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site or Plug-in. When a breach of this policy has occurred, we may take such action as we deem appropriate.
(a) Immediate, temporary or permanent withdrawal of your right to use our Site or Plug-in.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site or Plug-in.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
You may terminate your user profile by emailing [email protected]. Following termination, any content added by you shall remain on the Site or Plug-in at our discretion.
15.1 We do not guarantee that our Site or Plug-ins will be secure or free from bugs or viruses.
15.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site or Plug-ins. You should use your own virus protection software.
15.3 You must not misuse our Site or Plug-ins by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or Plug-ins, the server on which our Site or Plug-in is stored or any server, computer or database connected to our Site or Plug-ins. You must not attack our Site or Plug-in via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site or Plug-in will cease immediately.
16 LINKING TO OUR SITE
16.1 You may not link to our Site or Plug-in without our express prior written consent.
16.2 Our Site or Plug-ins must not be framed on any other site.
16.3 You are entitled to share content from the Site or Plug-in (where uploaded by us or another user) on external networks including other social networks. We will not be responsible, or liable to ay third party, for any content shared by you or another user of the Site or Plug-in on an external website. Content on the Site or Plug-in may be moderated (as set out above) but we shall not be liable for any loss or damage occasioned by, or as a result of, any content shared by you or another user, and you agree to indemnify us without limitation for and against any loss or damage that we suffer occasioned by content contributed by you.
16.4 If you wish to make any use of content on our Site or Plug-in other than that set out above, please contact [email protected].
17 THIRD PARTY LINKS AND RESOURCES IN OUR SITE
17.1 Where our Site or Plug-in contains links to other and resources provided by third parties, these links are provided for your information only.
17.2 We have no control over the contents of those sites or resources.
18 APPLICABLE LAW
19 CHANGES TO THE ACCEPTABLE USE POLICY
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the terms and conditions contained in terms and conditions may also be superseded by provisions or notices published elsewhere on our Site or Plug-ins.
20 CONTACT US
To contact us, please email [email protected].