You must be at least 18 years old and have reached the age of majority
where you live or from where you access the Website.
1. THESE TERMS AND CONDITIONS
1.1. These terms and conditions (together with our privacy policy,
cookie policy and notice) apply to the contract between Skyloop and you
for accessing our website (mycrushfinder.com) (Website) and using the
dating chat and digital fantasy chat services made available on the
Website (Services).
2. WHO WE ARE
2.1. We are Skyloop Digital Ltd trading as mycrushfinder.com, a limited
company registered in England and Wales with company number 11501030,
whose registered office is at 125 Wood Street, London, United Kingdom,
EC2V 7AW (Skyloop, we, us or our).
3. ACCESS TO THE WEBSITE AND THE SERVICES
3.1. Age restrictions.
(a) The Website and the Services may contain uncensored sexually
explicit material unsuitable for minors. Only adults who are at least
18 years old and have reached the age of majority where they live or
from where they access the Website may access the Website and use the
Services.
(b) If you do not meet these age requirements, you must not access the
Website and must cease to use the Website and/or the Services
immediately.
(c) By confirming that you meet these and any other requirements set
out in the notice, you undertake that you meet the age requirements set
out in paragraph 3.1(a).
3.2. In order to use the Website and/or the Services, you must confirm
all the statements in the notice.
3.3. To register for an account, you must:
(a) complete the registration form on the Website. The information you
provide must be accurate; and
(b) choose a password and a username.
You are not allowed to create an account in the name of another person.
3.4. Account information.
(a) Once you have chosen your username, password or any other
information required as part of our security procedures, you must treat
such information as confidential. You must not disclose it to any third
party. We recommend that your username does not disclose your actual
name to help protect your privacy.
(b) You must notify us immediately using our contact details if you
know or suspect that anyone other than you knows your username or
password. We recommend that you immediately change your username and/or
password in such circumstances.
4. USE OF THE WEBSITE AND THE SERVICES
4.1. In order to use the Website and/or the Services:
(a) you must confirm all the statements in the notice; and
(b) you must comply with the laws of the jurisdiction from which you
access the Website and Services, as well as the United Kingdom.
4.2. The Website and the Services are provided on an “as-is” and “as
available” basis. We do not guarantee that the Website, the Services or
any content on the Website will always be available, uninterrupted or
error free.
4.3. You are responsible for ensuring that all persons who access the
Website or the Services through your internet connection are aware of
these terms and conditions and the notice, and that they comply with
them.
4.4. The Website may contain advertisements, promotions, or links to
other websites, resources, and purchase opportunities provided by third
parties. We provide these advertisements, promotions, and links to you
for your information only. If you access these advertisements,
promotions, or links, you may be directed to third-party websites.
These third-party websites will have their own terms of service, as
well as privacy and security policies, which may differ from ours. Our
display of advertisements, promotions or links to third-party websites
does not constitute an endorsement by us of any third-party content,
information, websites, or resources.
5. PROHIBITED USES OF THE WEBSITE OR SERVICES
5.1. You must not use the Website / Services:
(a) for the purpose of harming or attempting to harm minors in any way;
(b) to bully, insult, intimidate or humiliate any person;
(c) to send, knowingly receive, upload, download, use or re-use any
material which does not comply with our content standards (set out in
clause 6);
(d) to transmit, or procure the sending of, any unsolicited or
unauthorised advertising or promotional material or any other form of
similar solicitation (spam) (or “spimming”, “phishing”, “trolling” or
similar activities);
(e) to knowingly transmit any data or send or upload any material that
contains viruses, Trojan horses, worms, time-bombs, keystroke loggers,
spyware, adware or any other harmful programs or similar computer code
designed to adversely affect the operation of any computer software or
hardware; or
(f) to upload terrorist content.
5.2. You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of the
Website in breach of clause 10; or
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of the Website;
(ii) any equipment or network on which the Website is stored;
(iii) any software used in the provision of the Website; or
(iv) any equipment, network or software owned or used by any third
party in connection with the Website.
5.3. You must not use another user’s personal information (including,
their information from their profile page or images) for any purpose
other than making use of the Services.
6. USER CONTENT
6.1. When using the Services / the Website, you may post your own
content when you chat with other users or fictitious profiles or at
other times. Any content posted by you or other users to the Website /
Services (User Content) is not approved by us. The following content
standards apply to all User Content contributed by you.
6.2. The content standards set out in this clause 6 must be complied
with in spirit as well as to the letter. The standards apply to each
part of your User Content as well as to the whole.
6.3. We will determine, in our discretion, whether User Content
breaches these content standards.
6.4. User Content must comply with the law applicable in England and
Wales and in any country from which it is posted.
6.5. You warrant that all User Content posted by you complies with the
content standards set out in this clause, and you will be liable to us
and reimburse us for any breach of that warranty. This means you will
be responsible for any loss or damage we suffer as a result of your
breach of this warranty.
6.6. User Content must not:
(a) contain expletives or language that could be considered offensive
or is likely to harass, upset, intimidate, alarm, or annoy any other
person;
(b) be obscene or otherwise offend human dignity (including bestiality,
child pornography, child abuse material, and incest);
(c) be abusive, insulting, threatening, or promote or encourage
discrimination based on race, sex, sexual orientation, sexual
preferences, age, religion, nationality, or disability;
(d) exploit people in a sexual, violent or (other) illegal way, or
solicit personal information from our operators;
(e) offer money or any other benefits in exchange for sex or sexual
activity;
(f) depict any person who has not consented to the creation or
distribution of their image;
(g) infringe any right to privacy, publicity or confidentiality;
(h) promote or encourage any illegal activity, including prostitution,
terrorism, inciting racial hatred, or post material which amounts to
committing a criminal offence;
(i) be defamatory, libellous, or promote information that is false or
misleading, or otherwise objectionable;
(j) infringe any copyright, database right or trade mark of any other
person;
(k) promote an illegal or unauthorised copy of another person’s
copyrighted work, including providing pirated computer programs or
links to them, providing information to circumvent manufacturer
installed copy-protect devices, or providing or linking to pirated
images, audio, or video content;
(l) request money from, or be intended to defraud, other users of the
Services;
(m) provide instructional information about illegal activities,
including making or buying illegal weapons or drugs; violating
someone’s privacy; or providing, distributing, or creating computer
viruses;
(n) relate to commercial activities, including sales, competitions,
sweepstakes, advertising, pyramid schemes, links to other websites or
premium line telephone numbers;
(o) contain restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
(p) disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users can type, or otherwise negatively affect other
users’ ability to engage in real time exchanges; or
(q) solicit passwords or personally identifying information for
commercial or unlawful purposes from other users, or distribute another
person’s personal information without their permission.
6.7. We have no knowledge of the User Content that is posted by you,
unless we receive a complaint about it. We do not monitor User Content.
You are solely responsible and liable for any User Content you provide.
6.8. You acknowledge that any user using the Services may see and view
your profile. In light of this, we recommend that you consider
carefully what information you include in your profile. This is
important to protect your privacy, but also for safety reasons.
6.9. We may remove, edit, limit, or block access to any User Content
that you upload or submit to the Website and/or Service at any time
without notice. We are not required to display your User Content, check
the accuracy of User Content, or monitor your or other users’ use of
the Website and/or Service. If we become aware of a breach of this
clause 6, we may take appropriate legal action against you, including
removing the User Content from the Website and/or Service, terminating
or suspending your account and, where appropriate, notifying law
enforcement authorities.
6.10. You must not to share any personal contact or banking information
on your individual profile page through your account whether about you
or any other person, including names, home address, post codes,
telephone numbers, email addresses, URLs, credit/debit card or other
banking information. If you chose to reveal such information, you do so
at your own risk.
7. INTERACTIONS WITH OTHER USERS
7.1. We take our users’ safety seriously. If we receive a complaint
from another user about your activities, we may, at any time, restrict
the number of messages that you can send to such user or any other user
in any time period to a number that we consider appropriate, or block
contact between you and such user entirely.
7.2. We do not conduct any criminal or other background checks on our
users. You are solely responsible for your interactions with other
users of the Services. We do not:
(a) monitor the activity of our users;
(b) screen or interview users; or
(c) verify the accuracy of any statements made by them (for example,
about their age or gender).
7.3. We recommend that you take reasonable precautions when interacting
or communicating with other users. If you chose to meet other users,
you do so at your own risk.
8. THE SERVICES AND THE WEBSITE
8.1. The Website and the Services are solely designed for adult
pleasure. As part of the Services, we provide a dating chat service,
which enables you to chat with other users, and a digital fantasy chat
service, which enables you to chat with fictitious profiles created and
set up by us.
8.2. As part of our dating chat service, you can connect with other
users of the Services, and use your purchased credits to send messages
to them. We cannot guarantee that you will receive a response to your
messages from such users and even if you do not, you will still be
charged.
8.3. As part of our digital fantasy chat service, you can chat with our
fictitious profiles. This works as follows:
(a) When chatting to our fictitious profiles or receiving messages from
them, you may initially receive an automated message prior to one of
our operators sending a response.
(b) All fictitious profiles are created by us solely for your
entertainment. Our operators role play those fictitious characters. We
do not reveal the identity of our operators to users, and it is not
possible to meet our operators in person.
(c) Even though interactions with our fictitious profiles may simulate
real life discussions, they are role play. To protect your privacy, we
recommend that you do not share your real name or contact details
during these chats.
8.4. When communicating with other users, you should not share any
personal details with them or provide them with any information other
than your profile information. This helps protect your privacy. For
safety reasons, we do not recommend that you meet other users in
person.
8.5. With regard to any fictitious profiles created by us for your
entertainment, you acknowledge that:
(a) the fictitious profiles (or any content within such profiles) do
not pertain to any actual person and are for digital entertainment
purposes only;
(b) nothing contained in any fictitious profile is intended to describe
or resemble any real person living or dead. Any similarity between
digital fantasy profiles and any person is purely coincidental;
(c) we may create test profiles to test the functionality of the
Services and Website to improve service quality for our users;
(d) no physical meeting will ever take place between you and our
operators; and
(e) the exchange of messages between you and the digital fantasy
profiles is purely for entertainment purposes, and to encourage further
or broader participation in the Services.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1. We will only use your personal information as set out in our
privacy policy.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Our rights. We and/or our licensors retain all intellectual
property rights related to the Services, the Website and User Content.
Nothing in our contract with you transfers any ownership rights from us
to you.
10.2. Your rights. You retain all of your ownership rights in your User
Content, but you agree to grant us a licence as set out in clause 10.4
below.
10.3. Non confidential and non proprietary. Any content you upload to
the Website will be considered non-confidential and non-proprietary. We
also have the right to disclose your identity to any third party who
claims that any content posted or uploaded by you to the Website
constitutes a violation of their intellectual property rights, or of
their right to privacy.
10.4. Rights you give us. When you upload or post User Content to the
Website, you automatically and free of charge grant us an unlimited,
worldwide, non-exclusive, royalty free, irrevocable, sublicensable and
transferable right to reproduce, distribute, redistribute, modify,
translate, adapt, prepare derivative works, display and otherwise use
all or part of your User Content, by any and all means, in the context
of providing the Services, the Website and/or our business activities.
10.5.
10.6. You guarantee that you have all rights to grant the licence as
set out in clause 10.4, without infringing or violating any third-party
rights, including any privacy rights, publicity rights, intellectual
property or any other proprietary rights. You shall reimburse us for
any loss and costs arising from and/or related to third party claims
that the User Content provided by you or other use of the Services by
you in any manner infringes any third-party rights and/or is otherwise
wrongful.
10.7. Usage restrictions. Users must not use any User Content uploaded
or posted by other users. However, we shall not be responsible for any
unauthorised use by any user.
11. PAYMENT & REFLECTION (OR “COOLING OFF”) PERIOD
11.1. You can purchase digital credits, also known as "credits or
tokens", to use the Services available on the Website. Such digital
credits lose their validity 3 months after the date of purchase. When
spending credits, the credits purchased earliest are automatically used
before credits purchased more recently.
11.2. The total price payable for the digital credits will be displayed
on the checkout page and will include VAT or any other applicable sales
tax. We accept payment via a third party payment service provider (who
will vary depending on the country where you make the payment). As part
of the checkout process, you will automatically be re-directed to their
website for payment.
11.3. If you initiate a chargeback or otherwise reverse a payment made
by you using your chosen payment method without a valid reason, we may
terminate your account and block your access to the Website and the
Services. In addition, you will be liable for all extra costs for such
chargebacks and the chargeback-process.
11.4. Cooling off. You have a legal right to change your mind and
receive a refund of what you paid. This is subject to some conditions,
set out below.
(a) You cannot change your mind if you have used up all the credits
purchased.
(b) You have 14 days after the day you purchased the credits to let us
know that you changed your mind.
(c) To do this, contact us at: [email protected].
(d) You must pay for the credits used before you changed your mind. We
will therefore only refund the balance of credits that are unused when
we receive your notice that you have changed your mind.
(e) We will refund you as soon as possible and within 14 days of you
telling us that you have changed your mind. We refund you by the method
you used for the payment, unless you expressly agree otherwise. We do
not charge a fee for the refund.
12. IF THERE IS SOMETHING WRONG WITH WEBSITE AND/OR SERVICES
12.1. If you think there is something wrong with the Website and/or the
Services, please contact us. We honour our legal duty to provide you
with Services that are as described to you on the Website and that meet
all the requirements imposed by law.
13. WE CAN SUSPEND THE SERVICES AND/OR THE WEBSITE
13.1. We can suspend the Website and/or Services. We do this to:
(a) deal with technical problems or make minor technical changes;
(b) update the Website and/or Services to reflect changes in relevant
laws and regulatory requirements; or
(c) make changes to the Website and/or Services.
13.2. We will contact you in advance to tell you we are suspending the
Website and/or the Services, unless the problem is urgent or an
emergency.
13.3. If we suspend the Website and/or the Services, or tell you we are
going to do so, you can contact us at [email protected] within 30
days of the start of the suspension to end the contract and we will
refund any sums you have paid in advance for Services you have not
received or will not receive.
14. WE CAN WITHDRAW THE WEBSITE AND THE SERVICES
14.1. We can stop providing the Website and/or the Services. If we do
so, we will let you know at least 3 days in advance and we will refund
any sums you have paid in advance for Services that we have not
provided.
14.2. We may terminate the contract with immediate effect by notifying
you by email if we can no longer provide the Website and/or the
Services due to technical problems. We will refund any sums you have
paid in advance for Services that we have not provided.
15. ON-GOING CONTRACT AND ENDING THE CONTRACT
15.1. As part of creating your account with us, you will have accepted
these terms and conditions. Once you have accepted these terms and
conditions, you are legally bound by this contract. Any purchases made
via the Website are subject to these terms and conditions.
15.2. The contract continues until it is ended in accordance with this
clause 15.
15.3. You may at any time, and without notice, terminate this contract
by requesting us to delete your account with us. You can do this within
your profile settings. To the extent technically possible, your account
will then be de-activated and you will receive a confirmation of this.
Three months after your account is de-activated, it will be deleted or
put beyond use (including your User Content, except chats. We retain
your chats with our fictitious profiles or other users for a reasonable
period, but these will not be available to other users.) We will not
send you a reminder that we are about to delete your account or put it
beyond use. We will retain some of your personnel data (including chats
with other users) for certain purposes, as set out in our privacy
policy. You can re-activate your account at any time during those 3
months. You may also re-join at a later stage if you wish to do so, but
please note you will not have access to any previous chats or User
Content from your account.
15.4. We may end this contract:
(a) with immediate effect if you have not used your account for 3
months. You will not receive prior notification of this;
(b) with immediate effect by notifying you by email if you breach any
of these terms and conditions or have breached any applicable laws or
regulations;
(c) in accordance with clause 14.2; or
(d) by giving you not less than 30 days’ notice by email for any other
reason or for no reason.
15.5. Upon the contract ending for any reason:
(a) your right to use the Website and the Services shall cease and you
must cease all activities authorised under these terms and conditions;
(b) you must not re-register for the Services and we may block your
email address and Internet Protocol (IP) address;
(c) we may continue to use any User Content uploaded by you;
(d) we will delete your account or put it beyond use (including your
User Content except for chats); and
(e) we retain your chats with our fictitious profiles or other users,
but these will not be available to other users.
15.6. We may temporarily suspend your access to the Website and/or the
Service if we suspect that you have misused the Website and/or the
Services or if your conduct may damage our reputation or goodwill.
16. WE DO NOT COMPENSATE FOR ALL LOSSES CAUSED BY US, THE WEBSITE OR
THE SERVICES
16.1. We are not responsible for losses you suffer caused by us
breaking this contract if the loss is:
(a) Unexpected, i.e. it was not obvious that it would happen and
nothing you said to us before we accepted your order meant we should
have expected it (so, in law, the loss was unforeseeable).
(b) Caused by a delaying event outside our control, provided we have
taken the steps set out in clause 17. We are not responsible for events
outside our control.
(c) Avoidable. Something you could have avoided by taking reasonable
action. For example, damage to your own digital content or device,
which was caused by digital content we supplied and which you could
have avoided by following our advice to apply a free update or by
correctly following the installation instructions or having the minimum
system requirements advised by us.
(d) A business loss, i.e. it relates to your use of the Website or the
Services for the purposes of your trade, business, craft or profession.
16.2. Non compliance with content standard. We are not responsible for
losses you suffer arising from your use of the Services in
contravention of our content standards set out in clause 6.
16.3. The limitations of liability apply collectively to our affiliated
companies, directors, employees, representatives and legal successors,
who may at all times rely upon the provisions of this article for their
own benefit.
17. WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL
17.1. If the provision of Services is prevented by an event outside our
control, we will contact you as soon as possible to let you know and do
what we can to reduce the delay. This will be normally via a pop up
message on the Website, although we may contact you in another way. As
long as we do this, we will not compensate you for the time the
Services were not available, but if the delay is likely to be
substantial you can contact us to end the contract and receive a refund
for any Services you have paid for in advance, but not received.
18. CHANGES TO THESE TERMS AND CONDITIONS, THE WEBSITE AND THE SERVICES
18.1. Changes we can always make. We can always change these terms and
conditions, the Website and/or the Services:
(a) to reflect any changes in relevant laws and regulatory
requirements;
(b) to make minor technical adjustments and improvements, for example,
to address a security threat. These are changes that will not affect
your use of the Website or Services; or
(c) to update digital content, provided that the digital content always
matches the description of it that we provided to you before you bought
it.
18.2. Changes we can only make if we give you notice and an option to
terminate. We can also make other types of change to these terms and
conditions, the Website and/or the Services, but if we plan to do so we
will notify you and you can then contact us to end the contract before
the change takes effect and receive a refund for Services you have paid
for in advance, but not received.
19. HOW TO RESOLVE DISPUTES WITH US
19.1. Questions or complaints. In the event of a question or complaint,
you can email [email protected].
(a) We aim to answer any questions within 5 working days.
(b) We will assess any complaint within 5 working days and, if the
complaint is valid, we may grant you a (partial) refund.
19.2. Applicable laws. These terms and conditions are governed by
English law.
19.3. Going to court. You may bring legal proceedings in respect of the
Website and/or the Services in the English courts, or in the courts of
the country where you are habitually resident if you do not live in
England and this is possible under mandatory local laws of the country
where you are resident.
19.4. Mandatory local laws. These terms and conditions do not affect
the protection which you enjoy under the mandatory laws of your country
of residence.