You must read and consent to these Terms and Conditions before joining or using our services:
We reserve the right at any time to:
change the terms and conditions of this agreement;
change the site, including eliminating or discontinuing any content or feature of the site; or
change any fees or charges for using the site.
Any changes we make will be effective immediately upon notice, which we may provide by means including, but not limited to, posting on the site or email. Your use of the site after such notice will be deemed acceptance of the changes. Be sure to review this agreement periodically to ensure familiarity with the most current version.
1. Eligibility. You must be eighteen or over to register as a member of special-mates.co.uk or use the Website. Membership of the Service is invalid where it has been prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Registration and Subscription / Scope of Service.
To become a member you must register with us. When and if you register to become a member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("registration data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your registration data as accurate, current and complete. You acknowledge that if your registration data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this agreement and your use of the site.
When you register, we will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a member, you represent and warrant that you are at least 18 years old, which is the minimum required age to become a member. However, we cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the site by persons under the age of 18 in violation of these terms.
Either you or special-mates.co.uk may terminate your membership at any time, for any reason, effective upon sending written notice to the other party. All membership fees paid are non-refundable. We reserve the right to immediately suspend or terminate your access to the service, without notice, upon any breach of this agreement by you which is brought to our attention.
Your membership in the service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
As part of the registration process, you will be asked to select a username, password
and member id. We may refuse to grant any username or member id that impersonates
someone else, is or may be illegal, is or may be protected by trademark or other
proprietary rights law, is vulgar or otherwise offensive, or may cause confusion,
as we determine at our sole discretion. You are responsible for the confidentiality
and use of your username and password and agree not to transfer or resell your
use of or access to the site to any third party. If you have reason to believe
that your account is no longer secure, you must promptly change your password
by updating your account information, available at the 'My Manager' panel on your homepage after
logging on to special-mates.co.uk, and immediately notify us by emailing us via the 'Contact Us' link on your homepage.
You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted on your account.
As a full member you will have the ability to participate in all of the features and services available within the Service. Please see our billing details (which can be found in 'My Manager' on your personal homepage) for a description of the current continuous service rates for membership. This rate list is part of this Agreement. We can change the subscription fees for the Service at any time but we will give you reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your membership by using the 'CONTACT US' link on your personal homepage.
Scope of Service. The Service enables you to contact other members. Special-mates.co.uk is not a marriage brokering service and is not obligated to successfully broker any other members for you.
Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation and authorise special-mates.co.uk to levy such charges. SPECIAL-MATES.CO.UK MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY SPECIAL-MATES.CO.UK) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SPECIAL-MATES.CO.UK REASONABLY COULD ACT. TO TERMINATE YOUR MEMBERSHIP AND AUTHORISATION, GO TO THE 'MY MANAGER' LINK ON YOUR PERSONAL HOMEPAGE. TO CHANGE YOUR PAYMENT METHOD, CONTACT SPECIAL-MATES-CO-UK USING THE 'CONTACT US' LINK ON YOUR PERSONAL HOMEPAGE.
When payments have been made for therapy services, but the payer (or the person who was to receive the therapy) fails to contact special-mates.co.uk at the agreed time and in the agreed manner, the payer will unconditionally forfeit his/her payment
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY SPECIAL-MATES.CO.UK IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON THE WEBSITE. IF YOU FAIL TO PROVIDE SPECIAL-MATES.CO.UK ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT SPECIAL-MATES.CO.UK MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED IN WRITING UPON REQUEST BY SPECIAL-MATES.CO.UK .
3. Term and Termination. This Agreement will remain in full force and effect while you are a member of the Service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended), you can postpone commencement of the Service until the seven working day cooling-off period has expired. However, if you choose to become a member and enter the Website, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under the above Regulations.
You may terminate your membership at any time, for any reason, effective upon receipt by us of your email notice of termination. You may contact us by email using the 'Contact Us' link on your homepage.
We may immediately terminate your membership and your access to the Service at any time because you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership of the Service because you have breached the Agreement, we will refund any pre-payments made by you less reasonable costs and losses we have incurred. We can terminate this Agreement at any time by giving you reasonable advance written notice
If you terminate your subscription, your subscription will remain active until the end of the period through which you had paid prior to your termination. In the case of violation of one or more of the terms of this Agreement by you (in particular Clauses 6 and 7), we may block your account(s), delete prohibited content, prevent publication of all or part of your Portrait. We may also block your access to all or part of the Service, either permanently or temporarily.
Special-mates.co.uk may deactivate the accounts of members who have not used the Service for a period of six months or more (as calculated by the date of last connection to the Service) unless you are a paying subscriber.
4. Non Commercial Use by Members. The Website is for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become members and should not use the Service or the Website for any purpose. Illegal and/or unauthorised uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
5.Proprietary Rights in Content on special-mates.co.uk Special-mates.co.uk owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other intellectual property and proprietary information of special-mates.co.uk, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information.
6. Content Posted on the Site and Prohibited Content.
a. The information that you supply to special-mates.co.uk and post on the Website must be accurate and conform to reality.
b. Other than personally identifiable information which relates to a living individual who can be identified from that information, which will be used in accordance with our Privacy Policy, any material that you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
c.Special-mates.co.uk may review and delete any content, messages, special-mates.co.uk Messenger messages, photos or Portraits (collectively, "Content") that in the reasonable judgment of special-mates.co.uk violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members.
d. You are solely responsible for the Content that you publish, submit, post or display (hereinafter, "post") on the Service, or transmit to other members via the Service. You represent and warrant that at any time of posting the Content is (a) accurate, (b) not in breach of this Agreement, and (c) not harmful to any person in any way.
e. By posting Content to any public area of special-mates.co.uk, you automatically grant, and you represent and warrant that you have the right to grant, to special-mates.co.uk an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licences of the foregoing.
f. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Special-mates.co.uk reserves the right to amend this list at any times and to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
constitutes a Portrait or photographs of any third person used without their permission.
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
g. You must use the Service in a manner consistent with any and all applicable laws, regulations and codes of conduct.
h. You shall not include in your member Portrait any telephone numbers, street addresses, last names, URLs or email addresses.
i. You shall not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other members.
Although special-mates.co.uk cannot monitor the conduct of its members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, special-mates.co.uk reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which special-mates.co.uk deems appropriate in its reasonable discretion.
7. Prohibited Activities. Special-mates.co.uk reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by special-mates.co.uk without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Service or the Website, without special-mates.co.uk's prior written authorisation. You also shall not use meta tags or code or other devices containing any reference to special-mates.co.uk or the Service or the site in order to direct any person to any other web site for any purpose.
You will not transmit or post any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world.
Except and only to the extent permitted under applicable law, you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so
8. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process with the Service, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify special-mates.co.uk of any unauthorised use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. special-mates.co.uk will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport to your special-mates.co.uk account.
NOTE: At the present time total security with online communication is not absolute in any medium and therefore needs to be at the clients own risk. However, the chances of someone having the expertise or the interest to hack into conversations is rather rare. Please look into getting your own private firewall.
Special-mates.co.uk does not guarantee or warrant that special-mates.co.uk is free of viruses or other code containing destructive properties. You are responsible for implementing reasonable measures to prevent the loss of code or data belonging to you. Special-mates.co.uk does not assume any responsibility for your use of any information or data taken from said website.
9. Customer Service. Special-mates.co.uk provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees. For general customer services enquiries, please contact special-mates.co.uk using the 'CONTACT US' link on your personal homepage.
10. Online Doctors, Counselling and Therapy. Our online Medical Doctor service provides members with links to medical services at other websites. Although we have tried to ensure that these services are of high quality, special-mates.co.uk accepts no responsibility or liability for the services provided by these websites or by the medical services they provide.
Considering now special-mates.co.uk online counselling service. It is important to realize that special-mates.co.uk Online Counselling is intended to provide counselling and therapy solely for mild emtional-adjustment problems arising from having a disability, or from caring for someone with a disability. The special-mates.co.uk counselling service is not intended to provide in-depth psychotherapy, because we believe problems with this level of need require face-to-face treatment (which we do not provide).
When should I seek traditional mental health treatment rather than internet counselling?
o You should seek traditional mental health treatment and advice if you have any doubts or concerns about your mental well-being.
o If you are in an abusive or violent relationship.
o If you have been seriously and deeply depressed.
o If you are having thoughts of harming yourself ( i.e. suicidal thoughts ) or someone else ( i.e. violent thoughts toward others ), or psychotic symptoms.
o If you are a minor (under 18 years old ).
Always inform your general practioner, before you use our online counselling service, so he/she can advise whether this type of counelling is suitable to your current needs.
Special-mates.co.uk may decline without explanation to provide counselling or therapy services to any person. On such occasions, any payments made for those therapy sessions special-mates.co.uk has not provided will be refunded only to the specific value paid to special-mates.co.uk for the declined therapy sessions. Special-mates.co.uk will not be liable for any further charges or compensation.
The information contained in special-mates.co.uk's forums, discussion groups, and services are specifically for educational purposes. They are not intended to, and do not provide, professional advice for mental health counselling; nor are they to be a substitute for professional mental health counselling or therapy. You should not rely upon the information contained in special-mates.co.uk's forum, discussion groups, and services for medical, legal or financial decisions. You should consult a mental health professional for advice or treatment regarding any mental health concerns.
11. Legal Services. Although special-mates.co.uk strives to provide members with access to high quality legal personnel, we accept no liability for any aspect of the legal services provided by the legal personnel, nor for their failure to provide services. nor for their reliability, or the fees they charge.
The legal personnel's online and email legal response and service is intended to provide information and education and suggestions to obtaining legal services in the inquirer's geographic area or able to practice or advise in the inquirer's geographic area. It is not intended to establish a lawyer-client relationship in a particular case and does not do so. No lawyer-client relationship is established solely by making an inquiry through special-mates.co.uk or receiving a response from the legal personnel. The legal personnel is not necessarily admitted to practice law in your geographic area. However, the inquiry and response are confidential and privileged because the inquiry relates to a desire for legal information or possible representation. The associated attorney may decline without explanation to provide responses or services to any person. This inquiry/educational service is not intended for, and should not be used for, any emergency or urgent situation. In such emergencies or urgent situations, a local attorney or bar association should be consulted.
12. Online Testing. Although the information and test answers contained herein have been compiled from sources believed to be reliable, special-mates.co.uk makes no guarantee, representation, assurance or warranty, express or implied, as to, and assumes no responsibility for the correctness, sufficiency or completeness of such information or answers or of the scoring of tests contained herein. ALL TESTS ARE PRESENTED IN AN "AS IS" CONDITION AND ANY WARRANTIES FOR FITNESS OF PURPOSE OF MERCHANTABILITY ARE HEREBY EXPRESSLY DISCLAIMED. The online tests are to be used only on respondents who are over the age of 18 years old.
13. Online Shop. Special-mates.co.uk provides through its online shop links (and also in the special-mates.co.uk ebay auction shop, and the alternative medicine shop), access for members to shop services from other providers. Special-mates.co.uk accepts no responsibility for the quality of service from these providers, nor for the quality of their merchandise, or any financial problems arising from or associated with the services they provide, nor for any problems associated with the use by members of their services or products.
14. WebLens. This product is provided free to anyone. Special-mates.co.uk accpets no liability for the product, or for any complaints arising either directly or indirectly from its use. We provide no support for this product, nor for any failure of the product to operate. We have strived to ensure the product is virus free and compatible with all computer systems, but we accept no liability for anny affects this product may have on other systems either directly or indirectly.
15. Members Adverts & Swaps. Although we provide members with the opportunity to advertise and sawp on this website, we accept no liability at all (either directly or indirectly) for the products sawpped or sold, or for money or for anything exchanged between memebers, nor for their prices. Additionally, we accept no liability for payments made betwenn members (or their failure to make payments). The full responsibility lies between the relevant members using the site, and special-mates.co.uk will not be involved an any complaint or legal matters arising from members use of this service.
16. Members Articles. Special-mates.co.uk provides the facility for members to submit articles regarding disability related matters. However, we accept no responsibility for the content of these articles, or for the consequences of following the advice, recommendations, and information contained therein. They are written by members who have no professional expertise regarding any aspect of disability, so should not be considered to be authoritative regarding the content. Anyone requiring specialist advice or information regarding a disability should always consult a qualified professional. Furthermore, although we try to ensure that the articles are free from offensive content, we accept no responsibility should articles be found to contain offensive or illegal material.
17. Links to other sites. Special-mates.co.uk provides for the interest of its members a range of links to other sites. For instance, in order to provide our members with convenient links to sources of informaation regarding various disabilities. However, we accept no responsibility for the reliability of any of the links we provide, or for the information, services or products provided at any of the sites to which we provide links. Furthermore, we accept no responsibility for anything of any kind on, or available at these linked sites.
18. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a signed statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Special-mates.co.uk's Copyright Agent for notice of claims of copyright infringement can be reached by using the 'Contact Us' link on your homepage.
19. Member Disputes. You are solely responsible for your interactions with other special-mates.co.uk Members. Special-mates.co.uk reserves the right, but has no obligation, to monitor disputes between you and other members.
20. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. The personal information (including sensitive personal information) you provide to us will be stored on our computers. You consent to us using this information to build up a Portrait of interests, preferences and browsing patterns and to allow you to participate in the Services. If you are located outside the United States, please note that the information you provide is being sent to the United States. PLEASE BE AWARE THAT THE LAWS OF UNITED STATES ARE GENERALLY NOT REGARDED AS PROVIDING 'ADEQUATE' DATA PROTECTION AS CONTEMPLATED UNDER ARTICLE 25 OF THE EUROPEAN UNION'S DATA PROTECTION DIRECTIVE (95/46/EC). BY BECOMING A MEMBER OF THE SERVICE, YOU ARE CONSENTING TO (i) THE TRANSFER OF YOUR PERSONAL INFORMATION TO THE UNITED STATES; (ii) USE IN THAT COUNTRY; AND (iii) TRANSFER OF YOUR PERSONAL INFORMATION TO THIRD PARTIES AS MAY BE INVOLVED IN THE PROVISION AND OPERATION OF THE SERVICES, IN ACCORDANCE WITH OUR PRIVACY POLICY.
21. Service Access. While special-mates.co.uk endeavours to ensure that this Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
22. Disclaimers. The material at this Website is provided as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, special-mates.co.uk provides you with this Website on the basis that special-mates.co.uk excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
It is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the service, and that the recipient may use such information to harass or injure you. Special-mates.co.uk is not responsible for the use of any personal information that you may choose to disclose on the service. Please carefully select the type of information that you post on the site or release to others.
Special-mates.co.uk reserves the right, but has no obligation, to monitor the materials posted in any area of the service. Special-mates.co.uk shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this agreement. Notwithstanding this right of special-mates.co.uk, you remain solely responsible for the content of the materials you post in any area of the site and your private email messages. Emails sent between you and other members that are not readily accessible to the general public will be treated as private by special-mates.co.uk to the extent required by applicable law and pursuant to the commercially reasonable efforts of special-mates.co.uk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member portrait, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Website and the Service. THIS LEGAL NOTICE AND THE FOREGOING DISCLAIMERS ARE WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APLICABLE LAW INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER.
23. Limitation on Liability. Nothing in this legal notice shall exclude or limit special-mates.co.uk's liability for (i) death or personal injury caused by negligence [(as such term is defined by the Unfair Contract Terms Act 1977)]; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
Subject to the foregoing, special-mates.co.uk, and any of special-mates.co.uk's group companies, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Service or this Website in any way or in connection with the use, inability to use or the results of use of this Website.
You agree to indemnify, defend and hold special-mates.co.uk, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from:
your breach of this agreement;
any allegation that any materials that you submit to us or transmit to the site
infringe or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or
your activities in connection with the site. this indemnity shall be applicable
without regard to the negligence of any party, including any indemnified person.
Subject to the foregoing, special-mates.co.uk's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to special-mates.co.uk for the Service during the term of membership.
24. Modifications to this Agreement. We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the Service, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.
25. Ownership of rights. All materials on the Website are copyrighted and are protected under treaty provisions and world-wide copyright laws. All rights reserved. special-mates.co.uk materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without special-mates.co.uk's written permission. Except as expressly stated in the limited licence provisions in this Agreement, special-mates.co.uk does not grant any express or implied right to you under any of its trademarks, copyrights or other intellectual property or proprietary information.
26. Release. In the event that you have any claim or action against any other member arising from that member's use of our Website or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
In the event that a claim or action is brought against us from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
27. U.K. and U.S. Export Controls. Software from this Website (the Software") is further subject to United Kingdom and United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.K. or U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
28. Severance. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
29. Assignment. Special-mates.co.uk may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
30. Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and special-mates.co.uk as a result of this agreement or use of this Website.
31. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of England and Wales without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the courts of London, United Kingdom.
32. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a member of the Service, contains the entire agreement between you and special-mates.co.uk regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
This Agreement incorporates by reference all other Agreements contained in the special-mates.co.uk website in their entirety.
33. I have read and accepted the above terms and conditions and confirm that I am over 18 years old. I understand and agree to be bound by the terms and conditions of this Agreement. If I do not wish to be bound by the terms and conditions of this Agreement, I may not view or use any of special-mates.co.uk's forums, discussion groups, and services.