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Terms and Conditions

Terms and Conditions

Last Updated April 2020

Welcome to the Terms and Conditions webpage of our Company. These Terms of Use are the latest that have been updated on the date shown above. We update our Terms of Use from time to time, and we advise every user to check any changes since the last time they used the services offered through the Oklute.com site (the "Site").

Users of the Site comprise Service Providing Users and Recipient Users, as defined below (together "Users").

Service Providing Users create content displayed on the Site and are entitled to upload advertisements and create profiles in accordance with the Paid Services terms below. Recipient Users have access to content placed by Service Providing Users and are given the opportunity to contact Service Providing  Users via the contact information uploaded by such advertisers.

Users are advised that continuing to browse the Site signifies consent to the Terms of Use enforceable at the time when you visit the Site. If you do not wish to be bound by the Terms of Use you should close the Site and cease to use the Service.

Visitors are identified as those people who visit the website and don’t get ready to use the services as they don’t give their consent to the terms of use. They are ceased to use the services.

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

If you wish to become an advertiser, you must first read and understand our Terms of Use including the Acceptable Use Policy and Summary and Guidelines and consent to accept them before you are allowed to create a profile or place an advertisement on the Site.

Please note that this website is aimed exclusively at adults (over 18 years of age or any higher age of maturity in your country of residence). By using the Website, you warrant that you are over the age of 18 and, if you are a Supplier, that you are not offering any services through the Website in violation of local laws in your country. See below for more details. All Users should note that the Website functions as a platform provider offered only by Softell Ltd ("we" or "us"). We do not exercise any kind of editorial control or monitoring the ads placed with us or user profiles created on the Site. We reserve the right, in our sole discretion, to remove ads or profiles that specifically:

  1. violate these Terms of Use
  2. contain malware or other material which may affect the proper working of the website;
  3. we believe to be harmful to the proper performance of the Service; or
  4. which we believe violates or may violate any applicable criminal laws or regulations to which we are bound; or
  5. constitutes or may constitute harassment or bullying of any other user or any other third party; or
  6. are threatening, abusive or discriminatory.

[With a "Report Abuse" feature on the Site, Users are allowed to report to us ads that they believe breach these Terms of Service, particularly where they a) contain underage content, b) are inconsistent with the content contained therein person or with their consent, or c) is otherwise illegal. We will review all such ads brought to our notice and may either uphold the complaint or remove the ad, request additional documentation from the advertiser who placed the ad to prove their age or the right to place the ad, or reject the complaint.]

The "Acceptable Use Policies" and "Summary and Policies" sections highlights in more detail material that is deemed to violate these Terms of Use. Although in each case it is up to the user to determine whether they have valid rights to post such materials on the website and whether such material complies with the Terms of Use.

We reserve the right to suspend users for serious or repeated violations of these Terms of Use. If an ad is disabled or a user is blocked, under no circumstances we will be responsible for any loss, claim, damage or expense resulting from such disablement or suspension and no refunds will be given for any expenses of the advertiser.

Users when creating a post on the site, clicks the “Accept Button” with which they agree that we may process their photos for the purpose of publishing an advertisement on the site, and that the user consents to us processing special categories of his personal data (information that may relate to his lifestyle and sexual behaviour) for the purpose of publishing an advertisement on the website.

User Obligations and Conduct

The Service is an Adult Service and by using the Service, Users represent and warrant that they are 18 years of age or older. If any user is found to misrepresent his/her age to be 18 years or older when they are under age or they dodge the age verification measures applied by us, it constitutes a violation of these Terms of Use. End users should be aware that we do not screen the advertisers or the content of online advertisements posted by them. The Website or the Company doesn’t act as an intermediary or agent of any User and is in no way responsible for any risk, claim or liability experienced as a result of any subsequent provision of Services or any other association between Advertiser(s) and End User(s) result.

By using the Service, users assume full and exclusive responsibility for their conduct towards the website and towards third parties, including but not limited to other users.

We are not responsible for and do not guarantee the accuracy of the content of any advertisements served by advertisers or the successful completion of any negotiations between advertiser(s) and recipient(s). Hence, end users must take time to verify the authenticity of advertisers and in no way should hold us responsible or accountable for any loss or damage.

Limitation of Liability

It should be noted that there is no clause in these Terms of Use that limits or exclude any party's liability for death or personal injury caused due to the negligence of that person or any person for whom he is responsible, or for fraud, or for any other liability which is not statute-bound can be excluded or limited.

The Website and its affiliates, and their affiliates, managers, employees, officers or directors shall have no liability for:

  1. any loss or damage caused due to circumstances beyond its reasonable control.
  2. any loss or damage caused by any interruption or unavailability of the Website or the Service.
  3. any direct or indirect loss of profits, business, reputation, anticipated savings or revenue.
  4. any loss, or corruption of data
  5. any indirect, special, punitive, statutory or consequential damages and losses of any kind

even if advised of the possibility of such loss or damage.

The liability of the Website and its affiliates, and managers, employees, officers or directors, to users for any other loss or damage, whether in contract, tort, breach of statutory duty, or under any legal theory arising out of or under any in Binding with the Website and Services, (without prejudice to the Refund Policy set forth below), in the case of Paid For Services, shall be limited to the greater of either (i) the amount paid by a User in the twelve months immediately preceding the Event giving rise to the claim, amounts paid, or (ii) limited to [£500]. In the case of all other services, this liability is limited to [£150].

Each of the above mentioned provisions and sub-provisions is a separate and independent provision and if any provision is determined void or unenforceable, it will not affect the enforceability or imposition of the remaining provisions, which shall remain in full force and effect.

Paid Services: Advertisers

By posting advertisements on the Site or creating online profiles, each advertiser authorizes us to advertise them in our sole discretion for better visibility and enhance the effectiveness of the promotional service in the relevant geographic markets. When you post an ad or create an online profile on the website, you represent that you are of legal age, that your identity is genuinely displayed in that profile and that you have not been compelled in any way to offer these services.

Advertisers are advised that we accept payment for Services through our third party payment provider, whose terms and conditions apply to transactions between advertisers and who acts as an independent service provider in this regard. We are not responsible for the acts, omissions or defaults of the payment provider. In case of a violation of these Terms of Service, we exercise our right to disable the ad without refund, delete any applicable profiles, and ban users from creating profiles or serving ads in the future.

Acceptable Use Policy

Users undertake not to use the service provided by the website improperly or in violation of the provisions of the law, ethical rules and rules of good behaviour of the network services. Users must not transmit through the website any material that is offensive, slanderous, discriminatory, harassing, defamatory, pornographic, pedophile, vulgar, blasphemous or in any way contrary to the principles of public order and good morals.

Advertisers are responsible for complying with all applicable laws regarding the content of their advertisements. In particular, users must not promote services that would be unlawful to provide in their jurisdiction, include in their advertisements any obscene material rated R18 by the British Board of Film Classification (BBFC) or 18+ by the FSK (Voluntary Self-Regulation of the Film industries). Besides, their ads should not contain content or images that violate the "extreme pornography" regulations.

Advertisers represent that they are the data subjects and they have informed consent of any person whose personal information is contained in any advertisement they serve. In addition to this, they will not use any material in their advertisement without that third party's consent that infringes the copyright or other intellectual property rights of third parties.

If any user posts ads that represent some other person who has not consented to the posting of those ads, will be considered a serious violation of these Terms of Service and may result in terminating such account and banning such advertiser to post any ad in the future on this site.

Advertisers should understand that when they mention a phone number, an email address, or any contact link in an advertisement that is turned off on the website, advertisers have no control over materials which were sent directly to that email address by other users or otherwise, whether or not they respond to those ads.

Summary and Guidelines

Check out the following points that summarizes the forthcoming Terms of Use. Advertisers can get the gist of the Terms of Use through this that will guide them to create ads or profiles in accordance with these terms. This summary is not intended as legal advice.

  1. While nude images, including images with visible genitals, are permitted, advertisers should not use materials that would be rated R18 or FSK 18+ or that would be denied certification by the BBFC or FSK if included in a video is not permitted. This Prohibited Material includes
    1. Pictures of actual and not simulated intercourse
    2. heavily obscene material
    3. sexually explicit animated images, or
    4. other very strongly sexual images.
    1. Material that involves or encourages suicide or self-harm is not allowed;
    2. Any material that violates the "Extreme Pornography" rules, including erotic material that depicts acts that appear to be non-consensual, that involves animals, that involves sexual acts involving cadavers, or that depicts acts that appear to endanger a person's life or acts that cause or may cause serious injury to a person's anus, breasts or genitals;
    3. Any material that uses erotic material from the private sphere ("revenge porn") without the consent of the participants is not allowed;
    4. Any material that depicts, promotes, induces or offers sexual activity with a minor or that otherwise promotes or encourages pedophilia ("pedo-pornographic material");
    5. The inclusion of pedo-pornographic material in advertisements or profiles will be reported immediately to the competent authorities, including all access and metadata. We also reserve the right to report such material that violates our Extreme Pornography or Revenge Pornography policies;
    6. Any material that depicts or purports to depict any third party who has not consented to such use or publication is prohibited;
    7. By posting advertisements or creating profiles, users confirm that they have full legal rights, and represent and warrant that the material uploaded belongs to persons over the age of 18 who have given their free and informed consent to post it on given on the website for adult dating purposes and which are in no way coerced or pressured to participate;
    8. It is allowed to publish the same advertisement in a maximum of three different cities;
    9. It is not allowed to repeat the same advertisement in the same city during the same period; and
    10. It is not allowed to include hypertext links in an advertisement or profile.

On uploaded images, our logo will be added as a watermark with the phrase “posted on”.

Advertisers should not upload, post, display or publish any material that contains hate speech. Nor should their ad content be discriminatory, threatening, harassing, encouraging violence, or materials that would constitute criminal offenses related to child sexual exploitation, terrorism, racism or xenophobia. For these purposes, the term "hate speech" includes material directed at a group or individual because of race, ethnicity, national origin, immigration status, caste, religion, gender, gender identity or expression, sexual orientation, age, disability or other protected characteristics and intends thereby, causes or is likely to cause discrimination, hatred,

The following list is not all inclusive and provides examples of what is considered threatening or harassing behaviour or material. Ensure not to engage in any conduct or publish material in particular

a. aimed at, or appears to be aimed at, a specific person or group of people and is offensive, derogatory or harassing;
b. 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;
c. contains unsolicited sexual content or language that sexually objectifies an OTHERS user or person in a non-consensual manner;
d. without that person's express written consent, identifies a user or a third party or contains material that could be used for such purposes, such as Employer information, phone numbers, financial information, location information, names, identification documents, email addresses, login credentials, or other personally identifiable information;

This Website should not be used to promote illegal trading, pyramid schemes, or Ponzi schemes. No person should engage in misleading or deceptive behaviour, or behaviours that mislead other users or falsely imply that any person or organization endorses the user or their content, or that they act as a brand ambassador or representative of any person or organization. The Website will remove any material which it knows or has reason to believe violates any of the above. If you wish to report any material on the Website which you believe infringes any of the above, please contact us at [email protected].

These Terms of Use shall be governed by and construed in accordance with British law and shall be subject to the exclusive jurisdiction of the English courts.

Service offered by:
SOFTELL LIMITED
42a Riverside workshops
Pipe House Wharf
Morfa Road
The Strand
SA1 2EN
Swansea
UK

Refunds Policy

No any refund is entertained for any amount paid for Paid Services. However, in some exceptional cases that lies exclusively to our discretion, we credit unused money to Advertisers to be used in future paid services. In particular (but without limitation),

1. we reserve the right to intervene through the website or to make changes or modifications (e.g. design, orientation and/or functional content) without prior notice or to restrict the advertiser's access to the website for maintenance reasons or for technical or other reasons for a necessary period without prior notice. In such cases, no Advertiser shall be entitled to any compensation or refund under this Policy as a result of such modification, change or unavailability.
2. if our payment provider receives a request from a financial institution or platform to refund funds spent on the purchase of paid services, we reserve the right to suspend the advertiser's user profile upon receipt of such request until we are informed by the payment provider that the issue has been resolved to the full satisfaction of the Payment Provider and/or Financial Institution or Platform.