This document contains the following sections:
This Agreement constitutes your agreement with David John Thomas of 10 Wicklow Close, Pontprennau, Cardiff CF23 8QA, United Kingdom with respect to your use of the service available through this Website (the "Service"). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorised user of the Service. As used in this Agreement, "we" and "us" mean David John Thomas or any successor or assign of David John Thomas.
These terms and conditions include our Privacy Policy and together they constitute the whole of the Agreement between you and us concerning this Service.
A "user" of this Service is somebody who is using the Service, but has not submitted a membership application, or has not been accepted as a member. A "member" of this Service is somebody who has submitted a membership application and been accepted as a member. A "publisher" of this Service is somebody who makes use of any of our RSS Feeds to publish some or all of their contents.
Each provision within this Agreement operates separately in itself and survives independently of the others.
This Agreement shall be governed and construed in accordance with the laws of England and Wales.
Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.
To the maximum extent permitted by law, we exclude all liability to you for any loss or damage howsoever arising out of or in connection with this Agreement, including but not limited to any liability arising in relation to your use of or inability to use the Service, the RSS Feed, our content or any content on our Service, any virus or other contamination or any unavailability of our content.We do not guarantee that this Service will be fault free and do not accept liability for any errors or omissions. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of the use of this Service save where such liability cannot be excluded by law. You acknowledge that your use of this Service is entirely at your own risk.
You must be at least 18 years old to communicate with this Service or its members or users in any way. Interaction means anything that constitutes submitting content to us in any form that is intended for the consumption of an individual member of the Service or the public.
You guarantee that any and all information you provide through this Service, including profile text, photographs of yourself, and any other information you provide in any form, does not misrepresent you in any way. You agree that you may be liable to us or to any member or user of this Service for any issues related to misrepresentation by yourself.
We do not check the profiles of users of this Service for accuracy, and we consequently offer no guarantees regarding the accuracy of any information provided by users or members of the Service. In particular, when using the Service you should consider the possibility that members may have misrepresented their age in order to post a profile on this Service. In the event that misrepresentation of any kind has occurred, you release us from any and all liability in connection with the misrepresentation that has occurred. If in doubt about the information supplied by any user of the Service, the onus is on you to verify that information, and the decision regarding how you act upon information you believe to be false rests entirely with you.
We are not responsible for the use by users, members or publishers of any information which you provide to them. You should use caution and discretion in selecting the personal information you provide to others through the Service. We suggest that you do not use your primary email address in connection with this Service.
This Service is not suitable for the purpose of sending or receiving communications of a confidential nature. You recognise that the privacy of any communications sent using this Service is not guaranteed, and you understand that such communications may be monitored by us or systems on the Internet through which our traffic passes. You agree not to use this Service to send any communications of a confidential nature.
You agree that you will follow this Code of Conduct in regard to your interaction with other members and users of the Service:
If you become a member of this Service, you grant us permission to send you emails according to the preferences that you specify when you apply for membership. You can change the categories of emails that you would prefer to receive at any time.
By becoming a member of this Service, you grant permission for your profile to be published, not only on this Service, but also in other publications, electronic or otherwise. We ask publishers to follow our terms and conditions for publishers stated below, but you acknowledge that the enforcement of our terms and conditions for publishers where it relates to your own profile is entirely at your risk.
We may impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service from time to time.
We will endeavour to provide uninterrupted access to this Service, but access may be suspended, restricted or terminated at any time, and we may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We reserve the right to change, modify, substitute or remove any information on this Service and/or restrict access to this Service or any part of it without notice.
Either of us can terminate your membership of the Service at any time. Typically, this may occur because the Service is no longer relevant to you. In the event that your membership terminates, the profile name you selected in connection with your use of the Service will be retained by the Service to ensure that nobody else uses it in connection with their own information.
We cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties.
We cannot assume any responsibility for the content of messages sent by other users of the Service. You release us from any and all liability in connection with the contents of any communications you may receive from other users of the Service.
All views and information expressed in communications and profiles from users represent the opinions of the users concerned and do not represent our views.
You may not use the Service for any unlawful purpose and you agree to use this Service and the data contained within it appropriately and only for the purposes stated on the Service and in accordance with this Agreement. If your access is suspended or terminated in accordance with this Agreement, you agree that you shall not use this Service again in any way without our prior written consent.
We reserve the right to monitor all advertisements, postings and messages, whether public or private, to ensure that they conform to the content guidelines which may be applicable from time to time.
We reserve the right, but are not obliged, to delete, move or edit any information that you provide that we deem to violate this Agreement or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for any information you upload to the Service.
We may terminate or suspend your access to all or part of the Service at any time, with or without notice, at our discretion. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service, and you may be referred to appropriate law enforcement agencies. All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of this Agreement for whatever reason.
Copyright and other intellectual property rights vested in the material contained within this Service (other than material and comments provided by users), together with the website design and all software that constitutes a part of the Service belong to David John Thomas or the providers of such information. All rights are reserved. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such intellectual property rights.
By submitting comments, feedback, photographs, information and any other form of content to this Service, you are representing that you are entitled to provide us with such materials and you grant us a non-exclusive, royalty-free, irrevocable licence to copy, modify, distribute and/or use that material to provide it as part of our Service and/or third-party Publishers in accordance with this Agreement. You also hereby irrevocably and unconditionally waive any and all moral rights vested in any such materials under the Copyright, Designs and Patents Act 1988 or otherwise in any other country throughout the world.
When you apply to use this Service, we may issue you with a user name and password that must be used in order to access aspects of the Service and certain restricted parts of this Service. We may refuse to grant you a user name that impersonates someone else, is protected by trademark rights, is vulgar or otherwise offensive, or for any other reason as determined by us. Any user name and password issued to you are personal to you and are not transferable.
You must treat the password you use to access the Service as confidential for the duration of your membership. You are responsible for monitoring the confidentiality of your password and are fully responsible for all usage or activity on the Service by users using your password, including use of your password by any third party. Any breach of security of a password must be notified to us immediately.
Where systems are in place to ensure that any information on this Service is not presented in a readily machine-readable way, you may not use any machine, software, hardware or otherwise, that converts the information into a form that is machine-readable.
You may not harvest email addresses for the purposes of mailing our members in bulk, regardless of the nature of the contents of the mailing.
You may not use automated systems to post messages to users, regardless of the nature of the contents of the messages.
You may not use this Service to send unsolicited commercial email ("spam") to our users.
You may not adapt or circumvent the systems in place in connection with this Service, nor access this Service other than through normal operations.
The Service may from time to time contain links to other Internet sites and resources. We are not responsible for any other Internet sites linked from this Service. Unless otherwise stated, websites linked from here are not endorsed by us.
You agree to indemnify us, our officers, employees, agents and affiliates from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
The Service may from time to time include messages from advice columnists who respond to "relationship" questions. Any such statements are provided for entertainment purposes only, and should not be taken as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation should consult a qualified counselor with respect to such issues.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. David John Thomas has the right to assign and subcontract any or all of its rights and duties under this Agreement or to the Service to any third party.
By downloading a Cheeky Monkey Dating RSS Feed ("Feed") from us, you agree to be bound by these terms and conditions. Please review them periodically to confirm that you are in compliance of these terms.
Subject to the terms of this Agreement, we grant you a non-transferrable, non-sublicensable, royalty free non-exclusive licence to use in your own publication the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from us via our Feed.
All title, ownership rights and intellectual property rights in and to the Feed shall remain the property of Cheeky Monkey Dating and its members.
You may not use the Feed or display any of our content on any Site that is a web site that is excluded by us (scroll down for the list of Excluded Websites as may be amended by us from time to time).
You must ensure that all content you publish from our Feed is accredited to us in accordance with our guidelines.
You may not directly or indirectly charge users specifically for accessing content from our RSS Feed or otherwise commercialise our content, nor attempt to re-sell our content in any way.
Where possible, you must create functional links back to the profile pages summarised by the content provided. If you are publishing the Feed where a functional link back to the profile page is not possible, you must publish the URL from which the profile can be obtained.
You may not directly or indirectly change, edit, add to or produce summaries of our Feed or any content on our website, nor place any page of this website in an HTML frame-set.
You may not directly or indirectly suggest any endorsement or approval by us of your Site.
You acknowledge that whilst we take steps to ensure the content that appears on the Feed is family-friendly, we do not guarantee to meet any standards in respect of our content.
Should you receive any enquiries which relate to us or our content, you should promptly refer such enquiries to us.
You warrant to us that:
The Feed is made available by us on an "as is" and "as available" basis and we give no warranty of any kind in relation to the Feed, its content, or any content on our website. We disclaim all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding our content, the Feed and the Website.
To the maximum extent permitted by law, we exclude all liability to you for any loss or damage howsoever arising out of or in connection with this Agreement, including but not limited to any liability arising in relation to your use of the Feed, our content or any content on our website, any virus or other contamination or any unavailability of our content.
You hereby agree to indemnify, hold harmless and defend us in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of these terms and conditions or otherwise in connection with your use of the Feed (including the content).
You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the Feed (including its content) from your Site, all hard drives, networks and other storage media.
We may restrict, suspend or terminate the Feed, this Agreement, the licence granted herein or your access to the Feed at any time without liability. You agree to destroy all copies of the Feed (including the content) upon receiving notice of termination from us.
Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.
This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.
Our Feed and any content contained in our Feed may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category:
Any RSS Feed or content on your site sourced from us must incorporate an attribution (credit) to us in one of the following forms.
If you are publishing our content on a system that allows URLs to be hyperlinked, the title of the Feed you have selected must be published as an active link to the URL listed within the Feed.
The heading of each and every profile whose summary you publish must be hyperlinked to the profile.
If you are publishing our content on a system that does not allow URLs to be hyperlinked, the URL of the Feed must be published in text format, adjacent to the title, and in its entirety.
The URL of each and every profile whose summary you publish must be displayed alongside each summary.
Where hyperlinks are used, the hyperlinks must be active, and not constructed in such a way as to diminish the value of the hyperlink to any user of your site, whether automated or otherwise, such as by the use of a rel="nofollow" attribute.
Various pages on this website include material used under the GNU Free Documentation Licence. Material that is covered by the GNU Free Documentation Licence is clearly labelled as such. Where the GNU Free Documentation Licence applies to material contained within this Website, it supercedes all other terms expressed herein with respect to the copyright of the identified material. The text of the Licence appears here:
Version 1.2, November 2002
Copyright (C) 2000,2001,2002 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
The purpose of this License is to make a manual, textbook, or other functional and useful document "free" in the sense of freedom: to assure everyone the effective freedom to copy and redistribute it, with or without modifying it, either commercially or noncommercially. Secondarily, this License preserves for the author and publisher a way to get credit for their work, while not being considered responsible for modifications made by others.
This License is a kind of "copyleft", which means that derivative works of the document must themselves be free in the same sense. It complements the GNU General Public License, which is a copyleft license designed for free software.
We have designed this License in order to use it for manuals for free software, because free software needs free documentation: a free program should come with manuals providing the same freedoms that the software does. But this License is not limited to software manuals; it can be used for any textual work, regardless of subject matter or whether it is published as a printed book. We recommend this License principally for works whose purpose is instruction or reference.
This License applies to any manual or other work, in any medium, that contains a notice placed by the copyright holder saying it can be distributed under the terms of this License. Such a notice grants a world-wide, royalty-free license, unlimited in duration, to use that work under the conditions stated herein. The "Document", below, refers to any such manual or work. Any member of the public is a licensee, and is addressed as "you". You accept the license if you copy, modify or distribute the work in a way requiring permission under copyright law.
A "Modified Version" of the Document means any work containing the Document or a portion of it, either copied verbatim, or with modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of the Document that deals exclusively with the relationship of the publishers or authors of the Document to the Document's overall subject (or to related matters) and contains nothing that could fall directly within that overall subject. (Thus, if the Document is in part a textbook of mathematics, a Secondary Section may not explain any mathematics.) The relationship could be a matter of historical connection with the subject or with related matters, or of legal, commercial, philosophical, ethical or political position regarding them.
The "Invariant Sections" are certain Secondary Sections whose titles are designated, as being those of Invariant Sections, in the notice that says that the Document is released under this License. If a section does not fit the above definition of Secondary then it is not allowed to be designated as Invariant. The Document may contain zero Invariant Sections. If the Document does not identify any Invariant Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed, as Front-Cover Texts or Back-Cover Texts, in the notice that says that the Document is released under this License. A Front-Cover Text may be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy, represented in a format whose specification is available to the general public, that is suitable for revising the document straightforwardly with generic text editors or (for images composed of pixels) generic paint programs or (for drawings) some widely available drawing editor, and that is suitable for input to text formatters or for automatic translation to a variety of formats suitable for input to text formatters. A copy made in an otherwise Transparent file format whose markup, or absence of markup, has been arranged to thwart or discourage subsequent modification by readers is not Transparent. An image format is not Transparent if used for any substantial amount of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain ASCII without markup, Texinfo input format, LaTeX input format, SGML or XML using a publicly available DTD, and standard-conforming simple HTML, PostScript or PDF designed for human modification. Examples of transparent image formats include PNG, XCF and JPG. Opaque formats include proprietary formats that can be read and edited only by proprietary word processors, SGML or XML for which the DTD and/or processing tools are not generally available, and the machine-generated HTML, PostScript or PDF produced by some word processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself, plus such following pages as are needed to hold, legibly, the material this License requires to appear in the title page. For works in formats which do not have any title page as such, "Title Page" means the text near the most prominent appearance of the work's title, preceding the beginning of the body of the text.
A section "Entitled XYZ" means a named subunit of the Document whose title either is precisely XYZ or contains XYZ in parentheses following text that translates XYZ in another language. (Here XYZ stands for a specific section name mentioned below, such as "Acknowledgements", "Dedications", "Endorsements", or "History".) To "Preserve the Title" of such a section when you modify the Document means that it remains a section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which states that this License applies to the Document. These Warranty Disclaimers are considered to be included by reference in this License, but only as regards disclaiming warranties: any other implication that these Warranty Disclaimers may have is void and has no effect on the meaning of this License.
You may copy and distribute the Document in any medium, either commercially or noncommercially, provided that this License, the copyright notices, and the license notice saying this License applies to the Document are reproduced in all copies, and that you add no other conditions whatsoever to those of this License. You may not use technical measures to obstruct or control the reading or further copying of the copies you make or distribute. However, you may accept compensation in exchange for copies. If you distribute a large enough number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and you may publicly display copies.
If you publish printed copies (or copies in media that commonly have printed covers) of the Document, numbering more than 100, and the Document's license notice requires Cover Texts, you must enclose the copies in covers that carry, clearly and legibly, all these Cover Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on the back cover. Both covers must also clearly and legibly identify you as the publisher of these copies. The front cover must present the full title with all words of the title equally prominent and visible. You may add other material on the covers in addition. Copying with changes limited to the covers, as long as they preserve the title of the Document and satisfy these conditions, can be treated as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit legibly, you should put the first ones listed (as many as fit reasonably) on the actual cover, and continue the rest onto adjacent pages.
If you publish or distribute Opaque copies of the Document numbering more than 100, you must either include a machine-readable Transparent copy along with each Opaque copy, or state in or with each Opaque copy a computer-network location from which the general network-using public has access to download using public-standard network protocols a complete Transparent copy of the Document, free of added material. If you use the latter option, you must take reasonably prudent steps, when you begin distribution of Opaque copies in quantity, to ensure that this Transparent copy will remain thus accessible at the stated location until at least one year after the last time you distribute an Opaque copy (directly or through your agents or retailers) of that edition to the public.
It is requested, but not required, that you contact the authors of the Document well before redistributing any large number of copies, to give them a chance to provide you with an updated version of the Document.
You may copy and distribute a Modified Version of the Document under the conditions of sections 2 and 3 above, provided that you release the Modified Version under precisely this License, with the Modified Version filling the role of the Document, thus licensing distribution and modification of the Modified Version to whoever possesses a copy of it. In addition, you must do these things in the Modified Version:
If the Modified Version includes new front-matter sections or appendices that qualify as Secondary Sections and contain no material copied from the Document, you may at your option designate some or all of these sections as invariant. To do this, add their titles to the list of Invariant Sections in the Modified Version's license notice. These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains nothing but endorsements of your Modified Version by various parties--for example, statements of peer review or that the text has been approved by an organization as the authoritative definition of a standard.
You may add a passage of up to five words as a Front-Cover Text, and a passage of up to 25 words as a Back-Cover Text, to the end of the list of Cover Texts in the Modified Version. Only one passage of Front-Cover Text and one of Back-Cover Text may be added by (or through arrangements made by) any one entity. If the Document already includes a cover text for the same cover, previously added by you or by arrangement made by the same entity you are acting on behalf of, you may not add another; but you may replace the old one, on explicit permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License give permission to use their names for publicity for or to assert or imply endorsement of any Modified Version.
You may combine the Document with other documents released under this License, under the terms defined in section 4 above for modified versions, provided that you include in the combination all of the Invariant Sections of all of the original documents, unmodified, and list them all as Invariant Sections of your combined work in its license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and multiple identical Invariant Sections may be replaced with a single copy. If there are multiple Invariant Sections with the same name but different contents, make the title of each such section unique by adding at the end of it, in parentheses, the name of the original author or publisher of that section if known, or else a unique number. Make the same adjustment to the section titles in the list of Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History" in the various original documents, forming one section Entitled "History"; likewise combine any sections Entitled "Acknowledgements", and any sections Entitled "Dedications". You must delete all sections Entitled "Endorsements."
You may make a collection consisting of the Document and other documents released under this License, and replace the individual copies of this License in the various documents with a single copy that is included in the collection, provided that you follow the rules of this License for verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute it individually under this License, provided you insert a copy of this License into the extracted document, and follow this License in all other respects regarding verbatim copying of that document.
A compilation of the Document or its derivatives with other separate and independent documents or works, in or on a volume of a storage or distribution medium, is called an "aggregate" if the copyright resulting from the compilation is not used to limit the legal rights of the compilation's users beyond what the individual works permit. When the Document is included in an aggregate, this License does not apply to the other works in the aggregate which are not themselves derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these copies of the Document, then if the Document is less than one half of the entire aggregate, the Document's Cover Texts may be placed on covers that bracket the Document within the aggregate, or the electronic equivalent of covers if the Document is in electronic form. Otherwise they must appear on printed covers that bracket the whole aggregate.
Translation is considered a kind of modification, so you may distribute translations of the Document under the terms of section 4. Replacing Invariant Sections with translations requires special permission from their copyright holders, but you may include translations of some or all Invariant Sections in addition to the original versions of these Invariant Sections. You may include a translation of this License, and all the license notices in the Document, and any Warranty Disclaimers, provided that you also include the original English version of this License and the original versions of those notices and disclaimers. In case of a disagreement between the translation and the original version of this License or a notice or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements", "Dedications", or "History", the requirement (section 4) to Preserve its Title (section 1) will typically require changing the actual title.
You may not copy, modify, sublicense, or distribute the Document except as expressly provided for under this License. Any other attempt to copy, modify, sublicense or distribute the Document is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
The Free Software Foundation may publish new, revised versions of the GNU Free Documentation License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. See http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number. If the Document specifies that a particular numbered version of this License "or any later version" applies to it, you have the option of following the terms and conditions either of that specified version or of any later version that has been published (not as a draft) by the Free Software Foundation. If the Document does not specify a version number of this License, you may choose any version ever published (not as a draft) by the Free Software Foundation.