Terms & Conditions

1GENERAL

1.1The Terms will continue in force until such time as either you or we terminate the agreement between us.

1.2You must be eighteen (18) years old or over to use the Site.

1.3By Using the Site you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.

1.4The Site is provided for the personal Use of individual members only and you may not use the Site in connection with any commercial venture. If you are an organisation, a company and/or a business you may not register with the Site or Use it for any purpose.

1.5By registering with the Site you warrant that you (a) do not have a previous and/or pending criminal conviction; or (b) have or have had a restraining order made against you by the courts of any jurisdiction.

1.6Profile Information will only become accessible to other Users when you have supplied a photograph. You will have restricted access to the Site until a photograph is uploaded.

1.7On payment of the relevant Fee, Members hereby agree and consent to the immediate commencement of the performance of the services by AFOAF. It shall be at AFOAF's sole discretion as to whether to accept any Content from the Member. In the event that any Content is not accepted by AFOAF, AFOAF may write to you to explain the reasons for this, but shall be under no obligation to do so. Under such circumstances, provided that the User is not in breach of these Terms, the relevant Fee shall not be payable and shall, where relevant, be reimbursed.

2CHANGES TO THE TERMS AND CONDITIONS

2.1We reserve the right to change these Terms or policies (including the Privacy Policy) regarding the use of the Site at any time and to notify you by posting an updated version of these Terms on the Site, at which point they will become immediately effective. Your continued use of the Site after any such changes will constitute your consent to such changes.

3TERMINATION

3.1If you wish to terminate the agreement between us during any Period this can be done by sending an e-mail to our email address on the Site or at our registered office as given above at goodbye@afoaf.com. Your email notice will be effective on receipt by AFOAF. Notice may also be given by post and will be deemed to have been served 3 working days after dispatch by post. You are responsible for notifying us of any change to your e-mail address and where provided to us, your postal address.

3.2AFOAF may at any time, terminate the agreement with you, deny you access to the Site and delete your Profile Information and any other Content you have submitted by your Use of the Website on provision of reasonable notice. Termination may be by email which shall be deemed to have been received by you 3 hours after sending.

3.3Any breach of these Terms shall entitle us immediately to terminate your use of the Site and any services, which we provide to you without notice.

3.4Subject to the provisions of clause 1.7, termination for any reason during the currency of any Period will not entitle you to a refund.

4LINKS TO OTHER SITES

4.1The Site may provide access to or links to other third party web sites or resources. We are not responsible for the content, accuracy or completeness of any such web sites or resources, your reliance on such sites or for the quality or timeliness of any products or services offered from them. The inclusion of any such access or links does not imply endorsement by us of such web sites or resources. You proceed to these web sites at your own risk.

4.2We do not endorse, oppose or edit any opinions expressed by Users of the Site. We are not responsible for the accuracy or truthfulness of advice or information or data provided via the Site other than such information we have provided on the Site and are not responsible for the consequences of acting on such information.

4.3You may not establish a hypertext link to this Site or provide any other links that state or imply any sponsorship or endorsement of your website by us.

5INTELLECTUAL PROPERTY RIGHTS

5.1Unless otherwise stated, any intellectual property rights arising in respect of this Site's design, text, graphics, its selection and arrangement, software and all other material ("the Material') on or in this Site belong to us and/or our licensors. Any use of such intellectual property rights or software is strictly prohibited except where expressly allowed under these Terms.

5.2Permission is hereby granted to electronically copy and store (but not on any server or other storage device connected to a network) and print individual pages of the Material on paper (but not photocopy them) from this Site only for purpose of your private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of the Material for the purpose of viewing it while connected to the Internet only. However you may only make one copy of the Material. Any other use of the Material, including reproduction for purposes other than that hereby authorised (including the removal of copyright or trade mark notices), creation of an electronic or manual database by systematically downloading and storing the material, distribution (whether electronically or not) or republication is prohibited.

5.3Any requests for permission to use the Material in a manner otherwise than permitted by these Terms should be addressed to our registered office address as given at the top of the page.

5.4For the avoidance of doubt, this permission does not transfer ownership or confer any other right to you in the whole or any part of the Material.

5.5Doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Site without first obtaining the written permission of AFOAF could be considered an infringement any of the intellectual property rights owned and/or licensed to AFOAF .

5.6The names, logos and domain name of the site are trademarks of AFOAF. Save as permitted in these Terms you are not permitted to use or reproduce or allow anyone else to use or reproduce these trade marks for any reason.

6DATA PROTECTION AND PRIVACY POLICY

6.1The basis upon which we may use personal data relating to you is set out in our Privacy Policy.

6.2AFOAF is the data controller of your data submitted using the Site. AFOAF is registered under the Data Protection Act 1998 (DPA) and AFOAF complies with the DPA in all our dealings with your personal data.

6.3When using the Site, you hereby consent to AFOAF processing your personal data to the extent necessary to facilitate online introductions and to enable AFOAF to operate the Site for the purposes for which it is reasonably intended to be operated. For the avoidance of doubt, you hereby expressly give your consent to AFOAF processing data provided by you in respect of your sexual orientation.

6.4AFOAF reserves the right to gather information relating to use of the Site. By using the Site you consent to collection and use of this information.

7USE OF THE SITE

7.1You agree that you will only use the Site in a manner that is consistent with these Terms and in such a way as to comply with all applicable laws and regulations.

7.2You shall comply with all U.K., foreign and local laws and regulations which apply to your Use of the Site in whatever country you are physically located, including without limitation, the law of intellectual property, privacy, consumer law and regulations.

7.3In the event that AFOAF, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Site including, without limitation, submitting inappropriate Profile Information, collecting usernames and/or email addresses of Users by electronic or other means for the purposes of sending unsolicited email, or unauthorised framing of, or linking to the Site or sending abusive, harassing or threatening communications to AFOAF, its Users, agents and or its employees, AFOAF reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Site in accordance with clause 3.3; in the case of illegal Use, instigating legal proceedings, and in the case of submitting inappropriate Profile Information, disabling such Profile Information without any notice to you.

7.4You are solely responsible for any Content that you publish or display on the Site or that you transmit to other Users.

7.5You must not provide any false information in respect of your name, age, marital status or location to AFOAF. In the event that AFOAF has reason to suspect that you have provided such false information, AFOAF reserves the right to terminate your Use of the Site and/or disable your Profile Information without notice to you.

7.6You must not include in your Profile Information, nor transmit to another User without first becoming a Member, any personal contact information, including but not limited to telephone numbers, street addresses, last names, URLs or email addresses.

7.7In the event that AFOAF, in its sole discretion, considers that any Content violates these Terms or is offensive or illegal or has the potential to violate the rights of, harm or threaten the safety of other Users, AFOAF reserves the right to take any action that it deems necessary, including, but not limited to, disabling such Profile Information, deleting such Content, restricting the number of emails that you can send to other Users or terminating your Use of the Site in accordance with clause 3.3. Some examples of the types of Content that AFOAF considers to violate these Terms are any Content that:

a)expresses or implies that any statements made by you are endorsed by AFOAF;

b)promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

c)harasses or advocates harassment of another person;

d)displays pornographic or sexually explicit material of any kind;

e)provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18;

f)promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;

g)promotes any illegal activities;

h)promotes illegal or unauthorized copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;

i)provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;

j)contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);

k)solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;

l)involves the transmission of 'junk mail', 'chain letters' or unsolicited mass mailing or 'spamming';

m)promotes information that you know to be false or misleading;

n)contains inappropriate information e.g. names or contact details;

o)engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of AFOAF.

7.8Subject to the provisions of clause 6, by publishing or displaying any Content on any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to AFOAF an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content. In respect of any such dealings by AFOAF and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the Content under Part 1, Chapter IV of the Copyright Designs and Patents Act 1988 and any similar or corresponding foreign rights.

7.9You are solely responsible for your interactions with other Users. AFOAF reserves the right, but has no obligation, to monitor any dispute between you and another User.

7.10In the event that AFOAF denies you access to the Site on a permanent or temporary basis for any reason, you shall be notified by email and must then not attempt to use the Site under any other name or through any other User. If Profile Information is disabled due to inappropriate Content of information AFOAF shall not be obliged to notify such User.

7.11AFOAF will operate the Site with the reasonable skill and care of an online service provider . AFOAF will use reasonable endeavours to maintain the operation of the Site, however it may be necessary to temporarily suspend the Site for operational reasons, including but not limited to repairs, planned maintenance or upgrades. AFOAF will use reasonable endeavours to restore the Site as soon as possible after any suspension. AFOAF shall not be liable to you for any such suspension.

7.12AFOAF reserves the right to make changes to the Site from time to time, provided that such changes have no material adverse effect on the quality of the service provided to Users.

7.13In the interests of all our users, we will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of systems or network.

7.14To the extent to which your use of this Site causes loss or damage to any person, you agree to indemnify us (and our partners, employees and/or directors) or such other persons on demand in relation to any such losses or damages attributable to us or to such other persons that may arise from such use.

7.15You are responsible for ensuring that the operation of this Site is not affected by your hardware, software or any content, which you may transmit. You must notify us immediately of any disruption or disturbance to this Site resulting from such operation.

8CANCELLATION/REFUND

8.1If you become a Member then, on the condition that you have not made any Use of the Member only functions you may cancel such subscription, and receive a refund of the relevant Fee, by sending a request by email to [goodbye@AFOAF.com] within 7 days of the date on which the relevant Fee was paid. Please note that where the Member has made any Use of the Member only functions, no right of cancellation shall apply. For the purpose of this clause Use of the Member only functions shall include activating and/or accessing any Member only functions, communicating with other Users, communicating with AFOAF, its employees and/or its agents including, but not limited to, receiving non-automated administrative emails from AFOAF, its employees and/or its agents and receiving administrative help from AFOAF, its employees and/or its agents.

9DISCLAIMER OF WARRANTIES

9.1We make no express or implied warranty as to:

9.2the information accessible via this Site being accurate, complete, fit for any particular purpose or current;

9.3non-infringement of intellectual property;

9.4the Content being free from infection by viruses or anything else that has contaminating or destructive properties;

9.5the operation, quality, functionality, accessibility of the Site

9.6the information available in this Site complies with the regulatory regime of countries other than England.

9.7AFOAF cannot guarantee and does not promise any specific results from Use of the Site. All warranties, conditions, undertakings, representations, terms or other liabilities whether express or implied, statutory or otherwise (if any) arising out of or in connection with use of (or inability to use) the Site or any material on the Site or any action or decision taken as a result of using the Site or any material on it are hereby excluded to the fullest extent permitted by law and shall be limited in respect of any one incident or a series of two or more connected incidents to an amount equal to the cover provided to us under our policies of insurance.

10LIMITATION OF LIABILITY

10.1We shall, unless specifically stated otherwise, not be liable, including liability for negligence (except for personal injury or death) for any damages or loss arising out of or in connection with the use of this Site including (but not limited to) direct or indirect consequential loss, special loss, loss of data, income or profit, loss of or damage to property, damage to goodwill and claims of third parties whether resulting from use of or inability to use this Site or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if we or our employees or agents are advised of the possibility of such damages or losses.

10.2You hereby agree to fully indemnify us against any claim brought by a third party resulting from use of the Site by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by us in consequence of your breach or non-observance of these Terms.

10.3In the event that a claim or action is brought against AFOAF arising from your activities or Use of the Site, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against us arising from any claims and shall provide us with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims at your own expense.

11INVALIDITY

11.1Each of these Terms shall be construed separately, applying and surviving even if for any reason other provisions are held inapplicable or unenforceable in any circumstances.

12RIGHTS OF THIRD PARTIES ACT

12.1These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is either not a party to them or who is not a provider of the relevant services.

13LAW AND JURISDICTION

13.1Unless any overriding law applies Terms will be subject to English law and any disputes will be litigated in the English Courts. Please note that by agreeing to these terms, you will be entering into a legally binding contract with us.

13.2You may not transfer any of your rights under these Terms to another party. We may transfer our rights to another party.

13.3These Terms cannot be varied except in writing by partner of AFOAF. Nothing said by any employee or agent of AFOAF will be capable of varying these Terms.

13.4Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.

13.5Any rights not expressed in these Terms are reserved.

Schedule 1

Fee structure

£ 10 per month for a minimum 3 month period

Discounts and special offers apply from time to time subject to usual terms and conditions