TERMS OF USE

Last Updated September 2021

These Terms of Use are current as at the date shown above. We update our Terms of Use from time to time, and we advise you to check any changes since the last time you used the services offered through the Skokka.com site (the "Site").

Users of the Site comprise Offeror Users and Recipient Users, as defined below (together "Users").

Offeror Users create content displayed on the Site and are entitled to upload advertisements and create profiles in accordance with the Paid Services terms below. Recipient Users have access to content placed by Offeror Users and are given the opportunity to contact Offeror Users via the contact information uploaded by such Offeror Users.

Users are advised that continuing to browse the Site signifies consent to the Terms of Use current at the time when you visit the Site and that if you do not wish to be bound by the Terms of Use you should close the Site and cease to use the Service.

Our collection, use, disclosure and other processing of your personal data/information is governed by our Privacy Policy which also sets out our use of cookies and similar technology. We only gather the minimum personal data/information which is necessary for us to provide the Service in accordance with these Terms of Use, to comply with legal obligations on us, and to fulfil our legitimate interests with respect to improving the Service, extending the geographic coverage of the Service and promoting the safety and well-being of our Users and as otherwise set out in our Privacy Policy.

If you wish to become an Offeror User, you will not be allowed to create a profile or to place an advertisement unless you confirm you accept the Terms of Use including the Acceptable Use Policy and Summary and Guidelines set out below at the time of placing that advertisement or creating that profile.

Please note that this Site is aimed strictly at adults (over 18 or any higher age of majority in your country of residence) and by using the Site you are warranting that you are over 18 or any applicable higher age of majority in your country of residence, and that in addition in the case of Offeror Users that you are not offering any services through the Site which contravene applicable law in your jurisdiction. More details about this appear below. Please note that the Site acts as a platform provider only offered by APOGON LTD (“we” or “us”). We do not exercise editorial control or pre-vet advertisements placed with us or User profiles created on the Site, although we will take down advertisements or profiles which:

  • contravene these Terms of Use; or
  • contain any malware or any other material which risks interfering with or degrading the proper performance of the Site; or
  • we consider in our absolute discretion to be prejudicial to the proper performance of the Service; or
  • we consider are or may be in breach of any applicable laws or regulations binding on us and/or Users; or
  • constitute or may constitute harassment or bullying of any other User or other third party; or
  • are threatening, abusive, discriminatory or similar.

[We have instituted a ‘Report Abuse” function on the Site which permits Users to report to us advertisements which they consider contravene these Terms of Use and/or applicable law, including which in their opinion a) contain underage content; b) have been published without the knowledge and consent of a person or multiple persons included within them; or c) are otherwise illegal under applicable law. We will review all advertisements which are reported to us and may either uphold the complaint and remove the advertisement, require the Offeror User who placed the advertisement to provide additional material verifying their age or the right to place the advertisement as the case may be, or reject the complaint.]

The sections marked "Acceptable Use Policy" and "Summary and Guidelines" set out in more detail material which is considered to contravene these Terms of Use, although it is for Users in each case to determine for themselves the laws applicable to any material contributed by them to the Site and such material's compliance with the Terms of Use.

We reserve the right to ban Users for breaches of these Terms of Use. To the maximum extent permitted by law, in the event of any take down of any advertisement or banning of any User we will not, in any circumstances, be responsible for any losses, claims, damages or expenses whatsoever arising out of such take down or ban and no refunds for any monies paid to us will be granted.

By ticking the “Accept” button when making a post on the Site, the User has agreed that they authorise us to process their image for the purpose of publishing an advertisement on the Site and that the User authorises us to process special categories of their personal data/information (including information that may relate to their lifestyle and sexual behaviour) for the purpose of publishing an advertisement on the Site.

Obligations and behavior of the user

The Service is an adult service, and we may at any time and at our sole discretion require Users to provide any material we deem appropriate to verify their age. By using the Service, Users represent and warrant that they are 18 (or any higher age of majority in their country of residence) or over. Any misrepresentation by any User under 18 (or any higher age of majority in their country of residence) that they are 18 (or any higher age of majority in their country of residence), or over, or any circumvention of any age verification measures put in place by us will be a breach of these Terms of Use. As stated above, Recipient Users should be aware that we do not exercise advance control over the content of the online ads placed by Offeror Users. The Site is not an intermediary or agent of any Users and to the maximum extent permitted by law, is not in any respect responsible for any risks, claims or liabilities arising out of any subsequent supply of services or other connection between any Offeror User(s) and any Recipient User(s).

By using the Service, Users assume the full and exclusive responsibility for their behaviour towards the Site and towards third parties including but not limited to other Users.

To the maximum extent permitted by law, we are not responsible for and do not guarantee the veracity of the contents of any advertisements placed by Offeror Users, or the successful outcome of any negotiations between any Offeror User(s) and any Recipient User(s).

Limitation of Liability

Nothing in these Terms of Use applies to limit or exclude any liability of any party for death or personal injury caused by that person's negligence or any person for whom they are responsible, or for fraud, or for any other liability which may not be excluded or limited by law.

To the maximum extent permitted by law, the Site and its affiliates, and its or their affiliates, managers, employees, officers or directors do not accept any liability for:

  • any loss or damage to the extent it arises from circumstances outside their reasonable control
  • any loss or damage caused by any interruption in or non-availability of the Site or the Service
  • any direct or indirect loss of profits, business, reputation, anticipated savings or turnover
  • any loss or corruption of data
  • any indirect, special, punitive, statutory or consequential losses whatsoever
even if it has been advised of the possibility of such losses.

To the maximum extent permitted by law, the Site's and its affiliates', and its or their affiliates, managers, employees, officers or directors' liability to Users for any other losses and damages, whether arising in contract, tort, breach of statutory duty or under any legal theory whatsoever arising out of or in connection with the Site and the Services shall, (without prejudice to the Refunds Policy set out below) in the case of Paid Services, be capped at an amount equivalent to the higher of the sums paid by any User in the twelve months immediately prior to the event giving rise to the claim or [£500] and in the case of any other Services, [£150].

Each of the above provisions and sub-provisions are separate and independent provisions and a finding of nullity or unenforceability in respect of one provision or sub-provision shall not affect the enforceability of the other provisions and sub-provisions which will remain in full force and effect.

Paid Services: Offeror Users

By publishing an advertisement on the Site (which includes creating an online profile), each Offeror User is authorizing us to promote it for its greater visibility in our discretion and to operate the Service so as to facilitate maximum effectiveness in relevant geographical markets. By creating an online profile or placing an advertisement on the Site, Offeror Users confirm they are of legal age in the relevant jurisdiction, that they are the person identified in that profile and that they have not been coerced in any way to offer services.

Offeror Users are made aware that we take payment for services via our appointed payment provider whose terms and conditions govern transactions between Offeror Users and who acts as an independent service provider in this regard. To the maximum extent permitted by law, we are not responsible for the acts, omissions or defaults of the payment provider. In the event of breach of these Terms of Use, we reserve the right to take down the advertisement without refund, to delete any applicable profile and to ban Users from creating any future profiles or placing any future advertisements.

Acceptable Use Policy

Users undertake not to use the Service provided by the Site either improperly or contrary to the provisions of applicable law, rules of ethics and good conduct of the network services. Users, in particular, undertake not to transmit through the Site material of offensive and libellous nature discriminatory, harassing, defamatory, pornographic, paedophile, vulgar, blasphemous or which is some way contrary to the principles of public order and good morals, or otherwise in breach of these Terms of Use.

Offeror Users are responsible for complying with all applicable laws with respect to the content of their advertisement. In particular, Users must not advertise any services which it would be unlawful to perform within their jurisdiction, they must not include within their advertisements and content any material which would attract an R18 rating from the BBFC (or similar restriction in another jurisdiction from an applicable governmental organisation responsible for classification and censorship) were it to be included in a film or video, and they must not include any material which would contravene the rules relating to "extreme pornography".

Offeror Users warrant that they are the data subjects of or that they have the explicit and informed consent of all persons whose personal data/information is included in any advertisement placed by them and that they will not use any material in their advertisements which contravenes the copyright or other intellectual property rights of any third person without having the permission of that third person.

Placing advertisements purporting to be from someone or including the data of someone who has not consented to those advertisements being placed is a serious breach of these Terms of Use and may lead to accounts being closed and Offeror Users banned from the Site.

Offeror Users are aware that by including an email address in advertisements hosted by the Site, we have no control over any materials which may be sent directly to that email address, whether by other Users or otherwise, and whether in answer to that advertisement or otherwise.

Summary and Guidelines

Offeror Users have their specific attention drawn to the following summary of the above Terms of Use. For the avoidance of doubt, we offer this summary as a convenience to our Users and should not be taken to constitute legal advice as to when material is lawful to include in advertisements and profiles.

  • While nude images including images containing visible genitalia are permissible, material that contains material which would require a restricted rating or certification (e.g. R18 certificate from the BBFC) or which would be refused a certificate or necessary approval by any relevant governmental organisation responsible for classification and censorship (including, as an example, the British Board of Film Classification) if included in a video is not allowed. Such prohibited material includes, but is not limited to:
    • images of actual rather than simulated sexual intercourse;
    • strong fetish material;
    • Sexually explicit animated images; or
    • other very strong sexual images;
  • Any material which includes or promotes suicide or self-harm is not permitted;
  • Any material which contravenes the rules on "extreme pornography" including erotic material which depicts acts which appear to be non-consensual, which appears to involve animals, which appears to involve sexual acts with dead bodies, or which depicts acts which appear to threaten a person's life or acts which result, or are likely to result, in serious injury to a person's anus, breasts or genitals are not allowed;
  • Any material that promotes or supports sex, horror, crime, cruelty, or violence in such a manner is likely to be injurious to the public good is not allowed, including but not limited to the following:
    • use of violence or coercion to compel any person to participate in sexual conduct;
    • use of urine or excrement in association with degrading or dehumanising or sexual conduct; or
    • acts of torture or the infliction of extreme violence or extreme cruelty;
  • Any material which makes use, without all participants’ knowledge and consent, of erotic material provided on private occasions ("revenge porn") is not allowed;
  • Any material which depicts, promotes, induces or offers sexual activity with or exploitation of minors, children or young persons, or which otherwise promotes or encourages paedophilia ("paedopornographic material") is not allowed;
  • The insertion into any advertisement or profile of paedopornographic material will be immediately reported to the competent authorities, including all access and meta data, We also reserve the right to report material which contravenes these Terms of Use, including but not limited to our rules on extreme pornography or revenge pornography;
  • Any material portraying or purporting to portray third parties who have not consented to that use or publication is not allowed;
  • Any material that would cause harm (serious emotional distress) to any ordinary reasonable person is not allowed;
  • By placing advertisements or creating profiles, Users certify that they have full legal rights to do so, and also declare and warrant that the material uploaded belongs to persons of legal age (over 18 or any higher age of majority in their country of residence) which have given their free and informed consent to publish them on the Site for adult dating purposes and who are not being coerced or pressured in any way to participate;
  • It is permitted to publish the same advertisement in a maximum of three different cities;
  • It is not permitted to repeat the same advertisement in the same city during the same time period; and
  • It is not permitted to include hypertext links in any advertisement or profile.

On uploaded images, our logo will be added as a watermark with the phrase “posted on”.

Offeror Users may not upload, post, use, display, distribute, or publish material (including but not limited to material directed to or against a group or individual based on a protected characteristic) that constitutes hate speech (or a similar concept under applicable law); or is likely to incite, stir up, maintain or normalise hatred or fear; or is discriminatory, threatening, abusive, insulting or harassing; or is likely to excite hostility or ill-will, or bring into contempt or ridicule; or which encourages or promotes violence; or is prohibited by applicable law or which would constitute criminal offences under legislation relating to child sexual exploitation, terrorism or racism or xenophobia. For the purposes of this paragraph, protected characteristics include but are not limited to, race, ethnicity, national origin, colour, immigration status, nationality or citizenship, caste, religion, ethical belief, sex (including sex characteristics and intersex status), gender identity or expression, sexual orientation, pregnancy, child birth, marital status, age, disability, political opinion, employment status, family status or any other characteristic protected by applicable law.

The following are non-exhaustive examples of behaviour or material which is prohibited:

  1. is or appears to be targeted at a specific individual or group of individuals and is offensive, threatening, abusive, insulting, derogatory, or harassing;
  2. is used or appears to be intended to be used to extract money or another benefit from anyone else in exchange for removal of the content;
  3. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way;
  4. doxxs or otherwise identifies a User or other third party or includes material which could be used for such purposes such as employer details, telephone numbers, financial details, location information, names, identity documents, email addresses, log-in credentials or any other personally identifiable information without that person's express written consent;

Users may not use the Site to promote illegal trading, Ponzi or pyramid schemes or to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User or which implies, contrary to the fact, that any person or organisation endorses that User or their content or that they are acting as a brand ambassador or representative of any person or organisation. The Site will take down any material which it knows or has reason to believe contravenes any of the above. If you wish to report any material on the Site which you believe contravenes any of the above contact us via [email protected]

These Terms of Use are governed by and interpreted in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.

APOGON LTD
10 Whites Row Street
Office 203, Coppergate House
E1 7NF London
UK

Refunds Policy

We do not refund monies paid for Paid Services to Offeror Users (unless required to by applicable law) but may exceptionally and at our sole discretion offer credit for monies paid and unused to be used against future Paid Services. In particular (but without limitation):

  1. We reserve the right to intervene via the Site or to make any modifications or changes (e.g. design, focus and/or functional content) therein without prior notification, or to limit the Offeror User’s access to the Site due to maintenance or technical or other reasons for a necessary period of time without prior notification. In such cases, to the maximum extent permitted by law, no Offeror User is entitled to claim any compensation or refund pursuant to this policy based on such modification, changes or non-availability.
  2. If our payment provider receives a request from a financial institution or a platform to refund any financial amount spent on purchases of Paid Services, we reserve the right to block the Offeror User’s Profile upon the receipt of such request until we are informed by the payment provider that the issue has been fully resolved to the satisfaction of the payment provider and/or the financial institution or platform.