TERMS OF USE

These Terms of Use are current as at the date shown above. We update these Terms of Use from time to time; therefore, we advise all Users, (as defined below), to check for any changes since the last time you used the services offered through the Skokka.com (the "Service" and the "Site").

Please note that the Site acts as a platform provider only offered by SOFYAN LIMITED, with registered office in Amathus Avenue, 4532 Agios Tychonas, Limassol, Cyprus, Registration Number: HE 445193 (the "Company", "we", "our" or "us").

Users of the Site (collectively "Users", "you", "your" or "they" and "their") comprise Offeror Users and Recipient Users, as defined below.

Offeror Users create content displayed on the Site and are entitled to upload advertisements and create profiles in accordance with the paid service terms below (Paid Services).

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.

All Users are advised that continuing to browse the Site signifies their consent to the Terms of Use current at the time when visiting the Site and that if they do not wish to be bound by the Terms of Use they should close their access to the Site and cease to use the Service.

Our use of your personal data is governed by our Privacy Policy which also sets out our use of cookies and similar technology. We only gather the minimum personal data which is necessary for us to provide the Service in accordance with these Terms of Use. Namely, to comply with our legal obligations, and to fulfil our legitimate interests in respect to improving the Service, as well as extending the geographic coverage of the Service and promoting the safety and well-being of our Users.

If you wish to become an Offeror User, you will not be allowed to create a profile or to place an advertisement with us unless you confirm you accept, at the time of placing that advertisement or creating that profile, these Terms of Use including the Acceptable Use Policy and the Guidelines set out below.

Please note that this Site is aimed strictly at adults only (over 18 in the UK) and by using the Site you warrant that you are over 18 and that, in the case of Offeror Users, that they are not offering any services through the Site which contravene local law in the User's jurisdiction. More details about this appear below.

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, profiles or other User added content which:

• contravene these Terms of Use; or
• 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 criminal laws or regulations binding on us; or
• constitute or may constitute harassment or bullying of any other User or other third party; or
• are threatening, abusive or discriminatory; or
• in our sole discretion, have caused or are reasonably likely to cause damages to the Company, or otherwise damage its reputation.

We have set up two dedicated email addresses (privacy.uk@skokka.com and abuse.uk@skokka.com) which permit Users to report to us advertisements or other content which they consider contravene these Terms of Use, specifically which in their opinion contain: a) underage content; or b) have not been published by or with the consent of the person included within them; or c) are otherwise illegal under local law in their jurisdiction. We will review all advertisements which are reported to us and may, at our absolute discretion, either: a) uphold the complaint and remove the advertisement, or b) require the Offeror User who placed the advertisement to provide additional material verifying their age; or c) uphold the User's right to place the advertisement as the case may be and reject the complaint.

The sections marked "Acceptable Use Policy" and "Guidelines" set out in more detail material which is considered to contravene these Terms of Use, although it is for Users, in each case, to determine for themselves the laws applicable to any material contributed by them to the Site and such material's compliance with the Terms of Use or the local laws in their jurisdiction.

We reserve the right to ban Users for serious or repeated breaches of these Terms of Use, to be determined at our sole discretion. We also reserve the right to remove any content submitted by the User that violate these Terms of Use and to take legal action against the User as appropriate for such breaches. In the event of any take down of any advertisement, or banning of any User, we will not, in any circumstances, be responsible for any losses, claims, damages or expenses whatsoever arising out of such take down or ban and no refunds for any monies paid to us will be granted.

By uploading an advertisement on the Site, the Offeror User authorises us to process his/her personal data (including special categories of personal data) for the purpose of publishing said advertisement on the Site in line with our Privacy Policy.

Obligations and behaviour of the User

The Service is an adult only service and, by using the Service, Users represent and warrant that they are 18 or over. Any use of the Site by, or any misrepresentation by, any person under 18 seeking to use the Site or become a User, when it is clear that they MUST be 18 or over, or any circumvention of any age verification measures put in place by us will be a breach of these Terms of Use. If we have any reason to suspect a User is under 18 we have the right to immediately terminate or suspend the User's access to the Site with no prior notice.

Certain parts of the Site (including the ability to use the Service) may require an account in order to access them. When creating an account, the information the User provides must be accurate and complete. If any of the User's information changes at a later date, it is the responsibility of the User to ensure that their account is kept-up-date. Users must not use anyone else's account.

As stated above, Recipient Users should be aware that we do not exercise advance control over the content of the online ads placed by Offeror Users. The Site is not an intermediary or agent of any Users and is not in any respect responsible for any risks, claims or liabilities arising out of any subsequent supply of services or other connection between any Offeror User(s) and any Recipient User(s).

By using the Service, all Users assume the full and exclusive responsibility for their behaviour towards the Site and towards third parties connected to the Site including but not limited to other Users.

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).

Viruses, Malware and Security

We exercise reasonable skill and care to ensure that the Site is secure and free from viruses and other malware. All Users are responsible for protecting their own hardware, software, data and other material from viruses, malware, and other internet security risks.

All Users must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful to or via the Site.

All Users must not attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored, or any other server, computer, or database connected to the Site.

By breaching the above provisions, you may be committing a criminal offence under the Computer Misuse Act 1990 in the UK. Any such breaches shall be reported to the relevant law enforcement authority and we will cooperate fully with the authority (which may include disclosing the User's identity to them). The User's right to use the Site will cease immediately in the event of such breach.

Limitation of Liability

Nothing in these Terms of Use applies to limit or exclude any liability of any party for death or personal injury caused by that person's negligence or any person for whom they are responsible, or for fraud, or for any other liability which may not be excluded or limited by law.

Insofar as it permitted by law, the Site administrator and its affiliates, and the Company 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, punitive, statutory or otherwise non-refundable damage on the basis of the applicable laws, representations or warranties, implied or otherwise;

even if we have been advised of the possibility of such damages.

The Site administrator and its affiliates, and the Company or their affiliates, managers, employees, officers or directors' liability to all Users for any other losses and damages, whether arising in contract, tort, breach of legal obligations or otherwise, arising from or relating to the Site and/or the Service 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 GBP 500, and in the case of any other Services, GBP 150.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, communication network failure or other force majeure events.

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 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 authorising us to promote it for its greater visibility, at 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.

It is the responsibility of each Offeror User to keep the content they have uploaded onto the Site accurate and complete. If any information changes at a later date, it is the responsibility of each Offeror User to ensure that their content is kept up-to-date.

Offeror Users are made aware that we take payment for the Paid Services through our payment service provider, whose terms and conditions govern transactions between Offeror Users. We are not responsible for the acts, omissions or defaults of the payment service provider. In the event of a breach of these Offeror User terms, we reserve the right to take down the advertisement without any obligation to provide any refund, to delete any applicable profile and to ban the Users in breach of these Terms from creating any future profiles or placing any future advertisements on the Site.

Please note that the Company does not interfere in any negotiations or correspondence held between Users. The Site is not intended for B2B or commercial use and we refer to our Limitation of Liability terms above.

Age Verification Procedure

Offeror Users agree that the Company may subject the publication of advertisements to verification of the minimum age requirements, either in an automated form, through an external service provider, or through manual verification, in the event that automatic verification is not possible. In particular, for this purpose, the Company may ask the Offeror User to provide his/her identity document and we shall follow our Privacy Policy guidelines for this purpose. For this purpose, the Company uses the third-party service provider Yoti of the company Yoti Limited, based in London, 6th Floor, 107 Leadenhall St, EC3A 4AF (United Kingdom), as a data processor, to acquire information about the identity of the Offeror User from the provided ID and to verify that the selfie matches the photo on the ID. As set out in the Privacy Policy in more detail, the Company shall only use the data contained in the ID for the sole purpose of verifying the User's account information relating to their age and identity.

Acceptable Use Policy

Users undertake not to use the Service provided by the Site either improperly or contrary to the provisions of law, rules of ethics and good conduct of the network services (netiquette). Users, in particular, undertake not to transmit through the Site material of illegal nature, offensive and libellous nature, discriminatory, harassing, defamatory, pornographic, paedophile, vulgar, blasphemous or which is some way contrary to the principles of public order and good morals.

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 and they must not include any material which infringes applicable criminal law, or use the Site, or permit any third party to use the Site through their account, for any purpose which is unlawful or fraudulent.

Offeror Users warrant that they are the data subjects in any advertisement, or that they have the explicit and informed consent of all persons whose personal data may also be 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.

Placing advertisements purporting to be from someone or including the data of someone who has not consented to those advertisements being placed is a serious breach of local privacy law and a breach of these Terms of Use and may lead to accounts being closed and Offeror Users responsible for this being banned from the Site. It is within our absolute discretion to determine when such serious breaches occur and whether to take the appropriate legal action against the User for such breaches.

Offeror Users are aware that by including an email address in advertisements hosted by the Site, we have no control over any materials or personal data which may be sent directly to that email address, whether by other Users or third parties, and whether in answer to that advertisement or otherwise unsolicited.

Guidelines

Offeror Users have their specific attention drawn to the following Guidelines. For the avoidance of doubt, we offer this summary as a convenience and it should not be taken to constitute legal advice as to when material is lawful to include in advertisements and profiles.

1. While nude images including images containing visible genitalia is permitted material, please note that prohibited material (i.e not permitted) includes:
   1. images of actual rather than simulated sexual intercourse;
   2. other sexually explicit and very strong sexual images.
2. Only one free advertisement may be published every three days, from a single profile and on a single city and category (unless it is promoted with a paid product).
3. It is not permitted to include hypertext links in any advertisement or profile.
4. It is not permitted to publish advertisements offering money or services in exchange for sexual performance.
5. It is not permitted to post content and/or advertisements relating to the sale of medications, drugs, weapons and/or offensive instruments.
6. It is not permitted to publish advertisements that are not relevant to the subject matter of the site.
7. It is not permitted to publish advertisements in a foreign language or in any case in a language other than English.
8. Any material which includes or promotes suicide or self-harm is not permitted;
9. 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 is not allowed;
10. Any material which makes use without each participant's consent of erotic material provided on private occasions ("revenge porn") is not allowed;
11. Any material which depicts, promotes, induces or offers sexual activity with minors or which otherwise promotes or encourages paedophilia ("paedopornographic material") is not allowed;
12. Any material portraying or purporting to portray third parties who have not consented to that use or publication is not allowed;
13. It is not permitted to publish libellous and/or defamatory content;

14. Offeror Users may not upload, post, display, or publish material that constitutes hate speech, is discriminatory, threatening or harassing, or which encourages or promotes violence or which would constitute criminal offences under legislation relating to child sexual exploitation, terrorism or racism or xenophobia. For these purposes “hate speech” includes material directed to a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, or any other protected characteristic and which is intended or has the effect of or is likely to have the effect of inciting discrimination, hatred, fear of, or violence against such group or individual.

    The following are non-exhaustive examples of behaviour or material which is considered to be threatening or harassing:

    1. is or appears to be targeted at a specific individual or group of individuals and is offensive, derogatory, or harassing;
    2. 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;
    3. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way;
    4. disseminate or are intended to disseminate online personal and private information (such as full name, address, telephone number, etc.) or other data concerning a person (doxing) 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.

15. Users may not use the Site to promote illegal trading, Ponzi or pyramid schemes 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 insertion into any advertisement or profile of paedopornographic material will be immediately reported to the competent Authorities. We also reserve the right to report material which contravenes our rules on extreme pornography or revenge pornography.

By placing advertisements or creating profiles, you certify that you have the full legal right to do so, and you also declare and warrant that the material uploaded belongs to you as a person of legal age (over 18) and that you have given your free and informed consent to publish the material on the Site, for adult dating purposes and that you are not being coerced or pressured in any way to participate.

Intellectual Property Rights

All copyright and other intellectual property (IP) rights in the structure of the Site itself, or any Site contents, belongs to the Company or its third-party licensors - with the only exception being any Users' original content or materials uploaded through their account or profile. Please note that all IP laws in the United Kingdom, as well as its international treaties, shall protect both the Site and its contents (including Users' materials).

You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use the content from the Site unless given express written permission to do so by us.

Reports of infringement of intellectual property rights or misuse of images or data (e.g. telephone, e-mail, names and addresses) may be notified to privacy.uk@skokka.com.
To report cases of content deemed to be unlawful or abusive, please send an email to abuse.uk@skokka.com.
On uploaded images, our logo will be added as a watermark with the phrase "posted on".

SOFYAN LIMITED
Amathus Avenue
4532 Agios Tychonas
Limassol, Cyprus
Registration Number: HE 445193

Refunds Policy

Except where refund is expressly provided for by law, we do not refund Offeror Users the sums paid for the Paid Services, but we may exceptionally and at our sole discretion offer credits (usable exclusively on the Site) in an amount equal to the sums paid and not used, to be used for future Paid Services. The Offeror User will not be entitled to any refund or credit in case of breach of the obligations of these Terms and Conditions. In particular, but without limitation:

• We reserve the right to intervene via the Site or to make modifications or changes (e.g. design, focus and/or functional content), or to limit the Offeror User's access to the website, due to maintenance or technical or other similar reasons for the requisite period of time required without prior notification. In such cases, no Offeror User is entitled to claim any compensation or refund pursuant to this policy based on non-availability due to such modification or changes being made.
• 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.

These Terms of Use are governed by and interpreted in accordance with English law and are subject to the exclusive jurisdiction of the courts of England and Wales.

If the User is a consumer, any disputes concerning these Terms of Use, the relationship between the User and the administrator and/or the Company, or any matters arising from or associated with (whether contractual, tortious or otherwise) their use shall be heard at the mediation or local court in England, Wales, Scotland, or Northern Ireland, as determined by the location of the User's residence.