If you wish to use this website, you must agree to the terms below as the exclusive basis which governs such use. If you do not agree to any of the terms, do not use this website. User Terms1. Definitions “Prices” means the VAT inclusive prices that we charge you for providing you with services and access to this website. “Member” means a person who has registered to Use the Website. “Messages” means any communication You have with other members via the Website “Profile” means the images You upload and the text You enter to describe Yourself.
“Service” means the service provided by Us to You which includes, but is not limited to, enabling You to browse the Website, rate photos and display Your profile.
“Use” means accessing the Website or using the facilities provided by the Website. “User Terms” means the terms set out herein which govern Your Use of the Website and the acceptance of which by You creates an agreement with Us. “We/Us/Our” means Pig Or Poke Limited, a company registered in England under the registration No. 5962588 and any associated persons or companies involved in the design, build, hosting or maintenance of http://www.pigorpoke.com and www.pigorpoke.co.uk. We can be contacted by post at:
Pig or Poke Limited,
33 West Highland Road
Swindon
Wiltshire
SN25 4FP
Or alternatively via E-mail by clicking here.
“Website” means the Website
www.pigorpoke.com,
www.pigorpoke.co.uk or any other website providing the same service under the auspices of Pig or Poke limited.
“You/Your” means the person entering into the agreement with Us. ACCESS AND USE OF THE WEBSITE IS PROVIDED BY PIG OR POKE LIMITED SUBJECT TO THE FOLLOWING USER TERMS:2. Use of the Website 2.1 By Using the Website You agree to be legally bound by these User Terms, which shall take immediate effect from the moment You first Use the Website and on every subsequent occasion that You Use it. If You do not agree to be legally bound by all of the following User Terms You should cease Using the Website immediately. 2.2 Pig or Poke Limited reserves the right to change these User Terms at any time by posting changes on the Website. It is Your responsibility to review these User Terms regularly to ensure You are aware of any changes made. Your Use of the Website after changes have been posted means that You agree to be legally bound by the new or amended User Terms. 2.3 By agreeing to these User Terms You acknowledge that You fully understand the terms and conditions that apply to Your Use of the Website. You also warrant that You have the right to enter into and be bound by these User Terms. 2.4 You take full responsibility for any Use You may make of the Website. 2.5 You must only register using Your own personal data. Under no circumstances should You impersonate someone else or attempt to register with more than (1) account this constitutes as more than (1) identity. Multiple accounts are strictly not allowed account holders found to have more than (1) account will have "all" accounts terminated without notice. 2.6 Pig or Poke Limited reserves the right to introduce a membership fee and make this a site for paying members without prior notice. 2.7 Pig or Poke Limited reserves the right to change these terms and conditions (and to charge for services currently supplied free of charge) by posting changes on our website. Please ensure that you visit our site to update yourself of any changes (which you deem to accept should your use of our website continue). 3. Restrictions on Use: 3.1 You warrant that You are at least eighteen years old. If You are younger You must not Use this Website. 3.2 You undertake not to Use this Website to solicit any communication with a person whom You know or believe to be under the age of eighteen years old. 3.3 You undertake to Use this Website only for Your own personal, non-commercial use, for the purpose for which it is designed namely to facilitate genuine online introductions between single people. 3.4 Unless authorised by Us in writing, You undertake that You will not Use this Website to promote/advertise any other website, service or business in any way nor solicit the provision of any funds, service or business including the purchasing and selling of products. 3.5 Any photo that You upload to the Website must contain You as the subject. In other words You must be the person in the photo.Your main photo or "home page photo" must show your face. If any other people appear in the photograph You must either obtain their permission to exhibit the photo on the Website or You must take all necessary steps to ensure that their identities have been adequately obscured. Failure to do so will constitute a breach of Our terms and conditions. 3.6 Your messages and profiles and must be factually accurate and not include impersonation of any kind. They must not contain anything that is defamatory or that infringes any law. Neither should they contain any statement that expresses or implies that the views therein are endorsed by Us. 3.7 Your photos, messages and profiles must not contain anything that may be deemed to be objectionable or submitted in a manner intended to be disruptive. 'Objectionable' includes material that under the laws of any jurisdiction is (but is not limited to) any unlawful, vulgar, defamatory, malicious, profane, harassing, abusive, threatening, obscene, misleading, invasive of privacy, racially offensive, sexually explicit, mischievous or offensive content. ‘Disruptive' includes (but is not limited to) the submission of multiple messages or communications of the same or very similar content (spamming) or those submitted with the intention of causing any person embarrassment, harassment, alarm or distress. 3.8 You must not Use the Website to disclose private or personal matters concerning any person or their sexual orientatation, infringe any copyright, trademark or other intellectual property rights, constitute or encourage a criminal offence, purport to be someone other than Yourself, purport to be validated or authorised by someone to do something when it has not been. 3.9 You must not contaminate the Website or other members by uploading a virus, worm, trojan horse or other harmful code. 3.10 Messages and profiles must not contain languages other than English and must not contain text or images that are restricted or password protected. Failure to adhere to this stipulation will constitute a breach of Our terms and conditions. 3.11 You undertake not to misuse the Service provided in any way. 3.12 You acknowledge that views and opinions expressed on the Website are the members' own views and not Ours. 3.13 By submitting Your photo to the Website You understand that You are warranting to Us that You are entitled to have the photograph displayed on the Website and giving permission for that photo to be displayed on the Website for the purpose of being rated either ‘Pig' or ‘Poke'. You also understand that Your photo may appear in the Sunday Roast Gallery of photos that have been rated most often as either Pig or Poke. 3.14 You must not under any circumstances submit a photo that contains children or anyone under the age of 18. Photos that contain children whose identities have been obscured are also not allowed.They will be deleted without notice. 4. Disclaimers Liability and Indemnity: 4.1 We do not guarantee or promise that this service will provide any specific results. The service is provided on an “as is” and on an “is available” basis without representations or warranty being made, whether expressed or implied by law, to the extent permitted by law, including the implied warranties of fitness for a particular purpose, satisfactory quality, non-infringement, compatibility, security and accuracy. 4.2 We do not warrant that the Service will be free from interruption, secure or errors. From time to time it may be necessary to suspend the Service for operational reasons, including but not limited to, planned maintenance, repairs or upgrades. We undertake to operate the Website with reasonable care and correct defects with all due diligence, although do not warrant that defects will be corrected. Similarly, We cannot warrant that the server providing the Service is free of computer viruses/bugs. 4.3 You must ensure that You have suitable scanning software, firewalls and other safeguards in place to protect You from any virus or other contaminant which may affect You directly or indirectly through Your Use of the Website. 4.4 Your Use of the Service is entirely at Your own risk. To the extent that the law allows, You release Us from all liability arising out of or in connection with the Service and content included on the Website. 4.5 When searching for other members by geographical location We cannot guarantee that those members actually live in that location. Similarly all other information displayed on the Website for a particular member has been provided by the member in question. We accept no responsibility for the accuracy of this information and You must make Your own judgement as to its' authenticity before initiating any kind of contact with that member. 4.6 You hereby agree fully to indemnify us, keep Us indemnified and hold us, associated persons and affiliated companies harmless from and against any and all liabilities, costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by Us and/or affiliated entities directly or indirectly and in any jurisdiction as a result of any Use by You of the Website or which occurs as a result of Use of a computer through which You access this Website. 4.7 Where a claim is made against Us as a result of Your conduct or breach of the User Terms or a complaint/charge is made by another party against You, You agree to pay, hold harmless and defend Us in the claim or action. You undertake to assist Us to defend any such claim by cooperating fully with Us and allow us, although not obligated, to assume the exclusive defence and control of the matter where We see fit. 4.8 You agree that under no circumstances shall We or any related person or entity be liable for any direct, indirect, consequential incidental or any other type of loss or injury resulting from Your Use, or downloading of any content from the Website or for any Use made by any third party of information posted by You on the Website. 4.9 You agree that We are not liable for any loss or injury sustained by You through Use of any of the Website(s) whether caused in whole or in part by Our negligence. 4.10 To the maximum extent permitted by law We will not be liable under any circumstances for any loss, injury or damage caused in whole or part by, failures, delays, interruptions or otherwise to the Service whether such losses, injuries or damage were/was foreseen, foreseeable, known or otherwise. 4.11 Where You have a claim or right of action against another user arising out of their Use of the Website, You undertake to proceed independently of and without demands from Us and release Us from all claims, liabilities and damages connected to that action. 4.12 Members' ages are calculated by taking their year of birth (submitted at time of registration) and adding on the number of years that have elapsed since they registered. Because We do not ask for members to give Us their full date of birth it is possible that occasionally someone who is 26 years of age may appear in the 18-25 age range. For this reason, and also because We cannot verify a member's actual year of birth, You should be aware that the age ranges are approximate and not definite. We accept no responsibility for any inaccuracies relating to members ages. 4.13 We do not have responsibility for or endorse other websites that are linked from our Website. We accept no responsibility for their availability, suitability, reliability or content. 4.14 We accept no liability for any physical, emotional or mental injury that may arise as a result of any action including but not limited to receiving an unwanted or unfavourable rating. The whole point of submitting Your photo to the Website is to have it rated as either Pig or Poke. If You are not prepared to be voted a ‘Pig' and are not prepared to accept the consequences of being voted thus, please do not submit Your photo to the Website. 4.15 Pigorpoke.com is intended to be a place for people to have fun, rate each other's photos and potentially meet new people. Our Use of terms and images relating to pigs is not intended to cause offence to anyone on any level. As such We accept no liability for any offence that may be taken by visitors to Our website. We accept no responsibility for any offence taken on personal, religious, spiritual or cultural grounds.
4.16 We are not responsible for the conduct of users either online or offline.
4.17 We reserve the right to monitor "all" information you publish or display on the service or send to other members to ensure that you do not violate our terms of use & conditions.
We reserve the right to "terminate" any member's account "without notice & instantly" in such instances we deem that you have.
5.
Misuse of the Service and Termination: 5.1 If in Our opinion We consider that You have breached any of the User Terms in this agreement We reserve the right to take such action as is necessary to protect the interests of other users and the reputation of the Website. 5.2 We reserve the right to edit/delete, or require You to edit/delete content submitted in photos, messages and profiles that is in breach of these User Terms or has the effect of causing any person embarrassment, harassment, alarm or distress. 5.3 We reserve the right to restrict or modify Your access to certain services accessible on the Website or even suspend or terminate Your Use of the Website in serious cases, without notice, where we, in Our sole discretion, believe that You have breached any of these User Terms or that Your Use in any way constitutes a violation of Our policies, whether stated, implied or not. We are also entitled to use such technological means as We see fit to achieve this. 5.4 If one of Your photos, messages or Your profile is the subject of complaint You will be notified in writing and the photo/message/profile withdrawn pending a review of the circumstances. You will be informed in writing by E-mail of any complaint received unless the complainant specifically requests otherwise. 5.5 If Your Use of this Website is suspended or terminated We may inform You in writing by E-mail to the address You have nominated. You must not attempt to Use the Website thereafter without Our prior consent. Under no circumstances should You attempt to re-register under any other name or Use the Service provided to any other person. 5.6 On termination of Your account in the circumstances shown above, We reserve the right, although are not obligated, to delete all messages, photos and profiles submitted by You. 5.7 You are responsible for all messages, profiles and photos sent to Us while Your registration account is logged on to the service. We reserve the right to have You change Your password in cases where there is any suggestion that a password has been compromised.
5.8 You may terminate Your registration at any time yourself or by sending Us written confirmation by post or E-mail. If by email you must provide the actual email address you used to activate your account with and supply your "username". On termination We reserve the right, but are not obligated, to delete all photos, messages and profiles submitted by You. We need your current valid membership email address in order to locate your account details.
We can not pursue/respond to emails sent to us by members who have not supplied us with up to date and relevent membership details/contact information in the body of their email.
5.9 We reserve the right to make changes or discontinue the Service or parts thereof without notice. 6. Intellectual Property: 6.1 You acknowledge that the content of the Website is subject to copyright, trade marks, design rights and intellectual property rights. These rights are owned by Us and extend to messages and profiles. Nothing in these User Terms shall have the effect of conferring by implication or otherwise any licence or right to use any of Our copyrighted material, trade marks, design rights or other intellectual property rights. The creation of derivative works from the Website is similarly restricted. 7. General: 7.1 These User Terms shall be governed by and interpreted in accordance with the laws of England and Wales . You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these User Terms. 7.2 If any of these User Terms are determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these User Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these User Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. 7.3 You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which You are accessing the Website. This Website is operated from England . We make no warranty or representation that the information contained within the Website is appropriate for, or available for use, outside England and Wales. 7.4 Failure on Our part to enforce these User Terms does not constitute a waiver of such a right. 7.5 Detailed safety guidelines are available on the Website. We reserve the right, but have no obligation, to monitor disputes between You and any other person where the reputation of the Website is threatened. 7.6 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any clause of these User Terms. 8. Prices and Payment 8.1 We operate a subscription billing system, either monthly, half yearly or annually, and you will be automatically rebilled at the end of each billing period you selected when first purchasing access to this website, and will continue to be automatically rebilled until YOU cancel your membership subscription via PayPal. Click here to access www.paypal.co.uk 8.2 Unless otherwise stated in this agreement, all monies payed by You to Us are not refundable. If your account is terminated by us in the event of your breech of our terms and conditions you will not be refunded.
9.
Your Obligations to us
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