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PICKAFACE.com - TERMS - Dating, Relationship and Friend Match Maker
 


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Terms and Conditions
General

This Agreement is a legal document that sets out your rights and obligations, and those of PICKAFACE. ("PICKAFACE", "we" or "us"), in relation to this site and the services offered by through it (the "PICKAFACE Service"). By registering for the PICKAFACE Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the PICKAFACE Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the PICKAFACE WebSite. You should be aware that this Agreement may change from time to time in accordance with Clause 22 below. This Web site also may contain links to other Web sites, Web pages and services, which are not operated by PICKAFACE.com (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event, your link through to such a site will be subject to these Terms of Service. You recognise that PICKAFACE.com has no control over such Linked Sites and information, and you accept that PICKAFACE.com provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.

Membership

People who register for the PICKAFACE Service become "Members". As well as being able to browse the PICKAFACE member database.

Members may:

Submit their name and some other details on the website in order for others to do a search this is part of the PICKAFACE Service.

Send defined email messages to addresses of specifc Members.

Receive emailed messages, which will be sent to the email address contained in Your details (which are provided during registration and may be updated subsequently).

Upload photographs of yourself for reference by others as per principle of the site to search a member by picture.

Registration

You undertake to register for the PICKAFACE Service using accurate and current information about yourself – including your correct name, and any other requested details, this helps to keep records up to date and any emails sent to the right address.

If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the PICKAFACE Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

Privacy Policy

The PICKAFACE Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the PICKAFACE Service (including any which contain personal information) is, of course, accessible to internet users around the world.

The Role of PICKAFACE

You, as a Member who visits the PICKAFACE Website, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the PICKAFACE Service or outside of it. We only provide a service for you may be able to meet others through, any behaviour outside which contradicts our polices will be investigated and as such accounts may be terminated.

In particular, you should be aware that PICKAFACE Service does not pre-screen or monitor the material contributed by Members this includes pictures / email messsges.

You, as a member also agree to adhere but the policies of the website, by completing your profile and uploading a recent picture of yourself, to be viewed by others when doing a search.

Additional services

PICKAFACE may offer new or additional services through the PICKAFACE Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the PICKAFACE Service in an appropriate manner (as determined by PICKAFACE in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

Operation of PICKAFACE Services

PICKAFACE reserves the right to withdraw or modify one or more aspects of the PICKAFACE Service where we have legal or technical reasons to do so (including technical difficulties experienced by PICKAFACE or on the Internet). There may also be times when the PICKAFACE Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the PICKAFACE Service.

Misuse of PICKAFACE Service

We reserve the right (a) to suspend or terminate any Member’s access to the PICKAFACE Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the PICKAFACE Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the PICKAFACE Service without our prior consent. You are responsible for everything which is done on or through the PICKAFACE Service while your Membership account is logged on to the PICKAFACE Service, or through your email address(es).

Relevance

The PICKAFACE Service is intended to be used by its Members for the purposes referred to in membership above.

Accordingly, Members must not :

Use any other information which is intended to facilitate direct communication, in material which is posted on the PICKAFACE Service. Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made.
Place material on, or otherwise use, the PICKAFACE Service for any business or commercial purpose; or Use your access to the PICKAFACE Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant PICKAFACE Service.

(ii) Any Fees paid by a Member will not be rebated or refunded by PICKAFACE, unless the PICKAFACE Service for which the Member has subscribed is completely withdrawn from that Member by us other than in circumstances permitted under this Agreement. We may add services from time to time which require the payment of fees – either to us or a nominated third party – on terms which will be provided to you at the time.

Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the PICKAFACE Service, nor any activity or communication you make in connection with any PICKAFACE Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading. (d) act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; or attempt to affect the performance or functionality of any computer facilities of or accessed through the PICKAFACE Web site.

Alerting PICKAFACE

If you see anything on the PICKAFACE Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us at complaints@PICKAFACE.com. We do not generally monitor pictures posted by Members before it is placed on the PICKAFACE Site, and so we are reliant upon users to point out any which infringes this agreement..

Withdrawal of material and Termination of Membership

Each Member acknowledges that we are entitled to withdraw any material on the PICKAFACE Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the PICKAFACE Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the PICKAFACE Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the PICKAFACE Service.

Disclaimer and Release

PICKAFACE has no control over or responsibility for the truth or accuracy of any material available on the PICKAFACE Website, provided by its members.

If any third party sites are linked to from the PICKAFACE Service, this does not mean that we endorse or have any responsibility for the site in question or anything that appears on it.

You should exercise no lesser degree of caution in appraising what you see on the PICKAFACE Service than you do offline.

Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. Your use of the PICKAFACE Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release PICKAFACE owners from all liability arising out of or in connection with the PICKAFACE Service and the material included here by Members and other third parties.

Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the PICKAFACE Service (including the material which is contributed by Members) are owned by PICKAFACE. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the PICKAFACE Service, or any of the material which is found on the PICKAFACE Service unless properly licensed to do so by us.

By submitting any material to the content to the PICKAFACE Service, you:
Are representing that you are fully entitled to do so;
Grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and Authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

Excluded loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). PICKAFACE will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

Maximum liability

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of PICKAFACE under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £5, or (b) an amount equal to the sums paid by you to us by way of any fees during the relevant period of twelve months, regardless of the cause or form of action.

Non-excluded Liabilities

Nothing in this Agreement limits PICKAFACE's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the PICKAFACE Service.

Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of PICKAFACE assign or dispose of this Agreement.

Entire Agreement

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the PICKAFACE Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement. From time to time mails sent from the PICKAFACE service may have a sponsor added to the footer of the mail this forms as a part of the PICKAFACE service to is members.

Changes to this Agreement

PICKAFACE reserves the right to change this Agreement from time to time, and post the new version on the PICKAFACE Service. When we do so, we will notify you of the fact that there are changed terms on the homepage of PICKAFACE and the new version of these terms and conditions will take effect, and will govern all PICKAFACE Services and your relationship with PICKAFACE Commencing four weeks after the date of posting (or such later date as PICKAFACE indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the PICKAFACE Service; or Immediately upon the date of posting (or such later date as PICKAFACE indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of PICKAFACE’s addresses or email addresses referred to in this Agreement.

Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and any countries using this website.






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