Terms of Service Agreement
Welcome to Skouper.com, the service for adults to meet each other online operated by Skouper.com. ("Skouper.com"). By using the Skouper.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the Skouper.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by submitting the registration form
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by Skouper.com from time to time, such modifications to be effective upon posting by Skouper.com on the Website. This Agreement includes Skouper.com's Acceptable Use Policy for Content Posted on the Website, Skouper.com's Privacy Policy, and any notices regarding the Website. You may also receive a copy of this Agreement by emailing us at: admin@Skouper.com, Subject: Terms of Use Agreement
- Eligibility. You must be eighteen or over to register as a member of Skouper.com or use the Website. Membership in the Service is void where 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.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Skouper.com of your written or email notice of termination. Skouper.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Skouper.com. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
- 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 endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized 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 unauthorized 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.
- Proprietary Rights in Content on Skouper.com. Skouper.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Skouper.com, 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, display, or sell any such proprietary information.
- Content Posted on the Site. Without waiver of any of the immunities provided to us as an interactive services provider under the CDA please take note that we prohibit anyone from promoting illegal activities (such as prostitution) or commercial activities of any kind in their profile or in messages sent on the site and if such conduct comes to our attention we reserve the right to, amongst other things, remove you from the site and ban you permanently. Furthermore you agree that:
- You understand and agree that Skouper.com may review and delete any content, messages, Skouper.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of Skouper.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of Skouper.com, you automatically grant, and you represent and warrant that you have the right to grant, to Skouper.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license 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 authorize sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Skouper.com reserves the right 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;
- 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 conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized 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;
- contains nudity;
- 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.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Skouper.com 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, Skouper.com 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 Skouper.com deems appropriate in its sole discretion.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other 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 authorized 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 authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Subscription. If you sign up for mlitiple subscriptions to Skouper.com, you will be limited to only one instance of Skouper.com Messenger, regardless of the number of subscribing accounts you may have with us. For your convenience, paid subscriptions for Skouper.com recur automatically, until cancelled. Skouper.com reserves the right to offer free membership to any person(s) of their choice at any given time, for any duration, while charging other members, at the same time. Skouper.com also reserves the right to cancel the FREE trial period at any time, for all or any of its members.
Skouper.com is free to join (register) and free to create a profile. It is also free to Search or Browse thru profiles and photos of other members. It is also free to send emails or IMs to a Total Access Member or to receive and read emails or IMs from a Total Access Member and to reply. We also offer a 3 Day Free Trial and to some members we also offer a 1 Month Free Trial. At the end of either Free Trial period, if you have not canceled, your designated payment method will be billed for the recurring monthly membership fee of the membership type you selected and you will be rebilled the same amount each month on the same day. The pricing of the various memberships is shown on the payment page. The pricing may change from time to time, but you will always be billed at the pricing at the time you entered your payment information. In order to cancel a Free Trial or any membership, go to the Contact page and fill out the contact form with the appropriate subject and type your message.
- Member Disputes. You are solely responsible for your interactions with other Skouper.com Members. Skouper.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimer and Limitation of Liability Regarding Interactions Between Members. You are solely responsible for your interactions with other Members. You understand that Skouper.com does not in any way monitor the activity of its Members either offline or online. Nor does Skouper.com screen or interview its Members, nor does Skouper.com inquire into the backgrounds of its Members or attempt to verify the accuracy or statements made by Members. Skouper.com makes no representations or warranties as to the conduct of Members or those acting on their behalf. You agree to take reasonable precautions in all communications, meetings or interactions with other Members of the Service, particliarly if you decide to meet offline or in person. You sholid not divlige personal or financial information to strangers.
In the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Skouper.com site, you release Skouper.com , including its officers, directors, agents, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are an Indiana resident, you waive Indiana Civil Code ? 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
In no event shall Skouper.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of or relating to your conduct or anyone else's conduct in connection with the use of the Service, including without limitation, bodily injury, emotional distress, loss of reputation and/or any other damages resliting from communications or meetings with other Members or persons you meet through this Service.
- Service - Skouper.com does not guarantee, at any time, either their paid or free membership holders, that the website will be flily operational all the time. Members may face significant service disturbances. Only in the event that www.Skouper.com is offline for a period of more than 72 hours, will a pro-rated refund be given. Skouper.com DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for services/features related to the website.
- Disclaimers. Skouper.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Skouper.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Skouper.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Skouper.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resliting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Skouper.com be responsible for any loss or damage, including personal injury or death, resliting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Skouper.com expressly disclaims any warranty of fitness for a particliar purpose or non-infringement. Skouper.com cannot guarantee and does not promise any specific reslits from use of the Website and/or the Service.
- Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Skouper.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Skouper.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Skouper.com?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 Skouper.com for the Service during the term of membership.
- U.S. Export Controls. Software from this Website (the ?Software?) is further subject to 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.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. By downloading or using the Software, 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.
- Governing Law and Venue. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Indiana without reference to its conflict of laws rlies. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement, which are unable to be resolved informally, shall be determined by binding arbitration in MARION COUNTY, INDIANA, before a single retired judge affiliated with ADR Services or a similar organization (other than the American Arbitration Association), with the arbitration governed by the Indiana Rulies of Civil Procedure sections 2016 et seq., relating to discovery. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of INDIANA and the United States.
- Indemnity. You agree to indemnify and hold Skouper.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- 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 Skouper.com 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 flil force and effect.
Skouper.com prohibits it's members from offering money in exchange for sex. Although Skouper.com cannot control communications between members off of the site in private emails, instant messages, texts, phone calls or in person, any communications on the site related to the exchange of sex for money may result in cancellation of membership and banning from the site. Again, no communication regarding the exchange of sex for money are permitted on this site. All members are required to keep their communications on this site in the nature of seeking romantic relationships where one member may wish to help the other one financially within the context of a relationship because they care for and appreciate the other person and want to help them. Like any romantic relationship including marriage, sex may be a part of a relationship as well. However, we do not allow the solicitation of, seeking of, or any communications that are simply about sex in exchange for money and any such violations when detected will result in cancellation of membership and banning from the site.
Please contact us with any questions regarding this agreement.