Last Updated September 2021
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.
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:
- 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.
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
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
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
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.
Acceptable Use Policy
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.
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
- 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;
- 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:
- is or appears to be targeted at a specific individual or group of individuals and is offensive, threatening, abusive, insulting, derogatory, or harassing;
- 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;
- contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way;
- 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]
10 Whites Row Street
Office 203, Coppergate House
E1 7NF London
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):
- 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.
- 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.