Last Updated 3rd February 2024

NakedMates.com is an easygoing social network, but we do need you to understand and agree to the following Terms & Conditions when creating a profile on, and accessing, our website: -

Terms and Conditions

Contents

1. Introduction
2. Information we give you
3. Your privacy and personal information
4. Registering membership for access to online content from us
5. Deleting your profile and cancelling your membership
6. Your obligations
7. Our obligations
8. Membership Payments
9. Nature of the digital content
10. End of membership contract
11. Limit on our responsibility to you
12. Disputes
13. Third party rights
14. Commercial membership

Please read the following important terms and conditions before you create a profile on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

This membership contract sets out:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

In this membership contract:

• "We", "us" or "our" means NakedMates.com and

• "You" or "your" means the person accessing digital content from us.

If you don't understand any of this membership contract and want to talk to us about it, please contact us by:

• email [email protected] - emails will be responded to as soon as possible; or

• via our website support ticket service at https://support.nakedmates.com/

Who are we?

NakedMates.com is operated by Phenomenon Communications Limited a company registered in England and Wales under company number: 03309325. Our registered office is at: 167-169 Great Portland Street, London, England, W1W 5PF and our VAT number is: 690838203. The details of this membership contract will not be filed with any relevant authority by us.

1 Introduction

1.1 If you create a member profile to access online content from us you agree to be legally bound by this membership contract.

1.2 This membership contract is only available in English. No other languages will apply to this membership contract.

1.3 When creating a member profile to access online content from us you also agree to be legally bound by:

  1.3.1 our website terms and conditions and any documents referred to in them;

  1.3.2 our https://nakedmates.com/page/courtesy-counts policy and any documents referred to in them;

  1.3.3 extra terms which may add to, or replace some of, this membership contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one monthís notice. You can end this membership contract at any time by deleting your profile if we tell you extra terms apply that you do not agree with. Your continuous use of our website after being advised of the extra terms shall constitute your express agreement to our revised terms and conditions;

All of the above documents form part of this membership contract as though set out in full here.

2 Information we give you

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

  2.1.1 click on the terms and conditions link within NakedMates.com;

  2.1.2 read the acknowledgement email (see clause 1.14); or

  2.1.3 contact us using the contact details on our website.

2.2 The key information we give you by law forms part of this membership contract (as though it is set out in full here).

2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3 Your privacy and personal information

3.1 Our Privacy Policy is available at https://nakedmates.com/privacy

3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4 Registering membership for access to online content from us

4.1 Below, we set out how a legally binding contract between you and us is made.

4.2 You register a profile for membership by registering on our website. Please read and check your or profile carefully before submitting it to ensure that all information provided is truthful and honest. If you need to correct any errors you can do so before submitting it to us. In creating a member profile you agree that you will not attempt to mislead other users within our online community (such as creating duplicate or fake profiles or masquerading as another).

4.3 Our free (non-contributory) membership will allow you access to our website but there may be restrictions on what non-contributory members can view and the functionality of the website. For full unrestricted access, members will need to upgrade to a paying (contributory) membership once their profile has been activated (see clause 4.6).

4.4 When you register your profile at the end of the process, we will acknowledge it to the email address you provided at registration. This acknowledgement will provide a link for you to activate your membership. If you do not click on the link to activate your membership within 14 days, your registration may be cancelled.

4.5 If you upgrade your membership to a contributor membership via card payment you will also receive an email from the card payment processor PaySafe confirming that payment has been received.

4.6 Once your profile is activated (see clause 4.4) we email you to confirm this. At this point:

  4.6.1 a legally binding contract will be in place between you and us; and

  4.6.2 you will have immediate access to our membership area.

4.7 Once your profile is activated we may contact you to say that we do not accept your registration or upgrade. This is typically for the following reasons:

  4.7.1 we have detected that your profile is a duplicate or fake account;

  4.7.2 we cannot authorise your payment;

  4.7.3 you are not allowed to register your profile for membership from us;

  4.7.4 we are not allowed to grant membership to you; or

  4.7.5 there has been a mistake on the pricing or description of the membership;

  4.7.6. you have been permanently banned from our website previously.

4.8 If you are under the age of 18 you will not be able to create a member profile on NakedMates.com because you are too young.

5 Deleting your profile and cancelling your membership

5.1 All members are entitled to cancel their membership by deleting their profile at any time.

5.2 When you upgrade a profile to a contributor membership and continue to access your account you acknowledge that you are no longer entitled to a refund of the membership fee should you subsequently decide to cancel your membership.

5.3 As you are approaching the end of your contributor membership period you will receive an automated message advising that your contributor membership is due to expire. This message will set out your options for renewal. If you choose not to renew your paid membership by the time of expiry, then your membership will automatically revert to standard non-contributor features and restrictions.

6 Your obligations

6.1 When you create a profile and become a member and you log in to our website (see clause 4.6.2), you will not own it. Instead we give you permission to use it (also known as a ëlicenceí) for the purpose of you using and enjoying it according to this membership contract.

6.2 Your use of our website:-

  6.2.1 can be used wherever you want in the world but only if you comply with local laws;

  6.2.2 confirms your agreement that you are using a website which contains sexually explicit images of naked men;

  6.2.3 may not be:

    (a) copied by you;

    (b) changed by you, other than your profile information (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);

    (c) combined or merged with, or used in, any other computer program;

    (d) distributed or sold by you to any third party;

    (e) used by you to promote or link competitor websites;

    (f) used by you for commercial purposes without a commercial profile (see clause 14).

  6.2.4 requires that you agree that you will keep your login details confidential and not pass these on to any third party;

  6.2.5 requires that you agree that you have all rights to all photographs or content posted by you to the website;

  6.2.6 requires that you acknowledge that it contains information which is owned by us or third parties or both and that you must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (Æ) or unregistered trademark (ô) markings.

6.3 Where you have permission to use the website as a member under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the content and that the use of any logo, design or digital content from NakedMates.com without written content is prohibited.

6.4 You agree not to participate in any behaviour or actions that brings NakedMates.com into disrepute or that offends or intimidates any other member(s) when using our website or participating in a members event or NakedMates.com commercial event and that you shall not knowingly put other members at risk when engaging in sexual practices, including but not limited to taking responsibility for your sexual health.

6.5 You agree that if you create a charitable event or fundraiser that any such charity shall be: -

  6.5.1 clearly identified;

  6.5.2 officially registered;

  6.5.3 verifiable via a link to that charityís website which must appear within the event or fundraiser description.

6.6 Failure to adhere to clause 6.5 shall result in the event being withdrawn from our website.

6.7 If you are the host of an event at which anything occurs that could be construed as illegal, unlawful or in breach of these terms and conditions you are required to take the appropriate action, including alerting the appropriate authorities and informing NakedMates.com at the earliest opportunity. Failure to do so could result in a ban from creating or attending future events.

6.8 You acknowledge and understand that your use of the NakedMates.com is entirely at your own risk. If you are dissatisfied with the content or functionality or with any of these terms and conditions your sole and exclusive recourse is to delete your profile and discontinue access to the website.

6.9 You agree that you have read and understood these terms and conditions and our https://nakedmates.com/page/courtesy-counts policy and agree that if you do not comply with the requirements set out therein, we may take steps to restrict or remove your access to the website in accordance with clause 7.

6.10 You acknowledge and agree not to engage in any behaviour that is considered to be unacceptable. For the absence of doubt, this includes but is not limited to behaviour that sows discord, is argumentative, purposefully provocative or contentious, or to use offensive or abusive language, engage in harassing or trolling behaviour or to post links to disreputable websites or websites which you are knowingly aware contain viruses or malware. Any breach of this clause 6.10 can result in action being taken against you in accordance with clause 7.

6.11 You acknowledge that if your profile is persistently muted by other users that NakedMates.com will have the right to suspend your profile indefinitely, delete it or ban you from the service entirely;

6.12 You acknowledge that if, during any interaction through NakedMates.com (either on-line or at an event), you become aware of, or suspect another member to be involved in, criminal or illegal activity then your first duty is to report it to the relevant authority i.e. the police or otherwise, and to then bring it to the attention of NakedMates.com. Likewise you accept that NakedMates.com cannot be held responsible for any criminal activity or illegal activity encountered through contact or introduction via the NakedMates.com website.

7 Our obligations

7.1 Are non-exclusive to you. We will supply the same or similar content to other users.

7.2 If something happens which:

  7.2.1 is outside of our control; and

  7.2.2 affects you being able to have continuous access to the website;

  we will use our best efforts to fix the error(s) but make no guarantees that the service provided shall be continuous or uninterrupted and that any content posted or received via the website shall be delivered.

7.3 NakedMates.com is administrated and managed by volunteers and there may be unavoidable delays in responding to support, administration and picture verification requests.

7.4 We reserve the right to remove any photographs, posts, polls, events or other content posted by you or other users that we deem inappropriate for whatever reason.

7.5 We reserve the right to irrecoverably delete any profile that is considered abandoned after a period of 180 days of inactivity. In such circumstances, no refund shall be due.

7.6 We reserve the right to restrict access to content or features or suspend or remove any profile for any breach of these terms and conditions.

7.7 We reserve the right to permanently ban you from using the website for any serious or continuous breach of these terms and conditions or our https://nakedmates.com/page/courtesy-counts policy. Should your profile be permanently banned for whatever reason then any invitations you have received to forthcoming events, whether confirmed or not, will be immediate withdrawn.

7.8 We are not required to provide any explanation or refund to you should we enforce our rights under clauses 7.6 or 7.7.

8 Membership Payments

8.1 We accept membership payments by Visa debit cards, text and bank transfer.

8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for membership or events is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this membership contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3 Your debit card will be charged immediately when you place your order to upgrade a profile to contributor membership or for paid events.

8.4 All payments by debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

  8.4.1 Verified by Visa: https://www.visa.co.uk/pay-with-visa/featured-technologies/verified-by-visa.html

8.5 The current price of a standard membership:

  8.5.1 is in pounds sterling £52(GBP) annually;

  8.5.2 Full details of our membership tariff is available at https://nakedmates.com/tariff.htm;

  8.5.3 includes VAT at the applicable rate; and

  8.5.4 does not include the cost of any additional events or services which shall be charged separately.

9 Nature of the digital content

9.1 The content provided on our website is of a sexually explicit nature and is for those over 18 years of age only.

9.2 When using our website:

  9.2.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;

  9.2.2 we do not promise that it is compatible with any third-party software or equipment;

  9.2.3 you acknowledge that there may be minor errors or bugs in it; and

  9.2.4 you acknowledge that some features and functions may be restricted for new members, non-contributing members and those with incomplete profiles.

9.3 Our website may contain commercial events organised by NakedMates.com which will be charged separately and subject to separate terms and conditions which can be found on the relevant event page on our website.

9.4 Our website may contain links or adverts for other commercial events or external websites not under the control of NakedMates.com and we cannot take responsibility for the content or privacy practices employed by others.

9.5 Our website may contain commercial links or services offered by other members.

10 End of membership contract

If this membership contract is ended it will not affect our right to receive any money which you owe to us under this membership contract.

11 Limit on our responsibility to you

11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

  11.1.1 losses that:

    (a) were not foreseeable to you and us when the contract was formed;

    (b) that were not caused by any breach on our part;

  11.1.2 business losses; and

  11.1.3 losses to non-consumers.

11.2 We are not legally responsible for any commercial content, product or services purchased by or sold by you from/to other members on our website or any such advertised charitable events. Such purchases will be governed by terms between you and the buyer/seller.

11.3 We are not legally responsible for and take no responsibility for the monitoring of profiles, messages, events, posts or any content posted to our website. Any views or opinions expressed by our members on our website are the views or opinions of the person stating them and not the views and opinions of NakedMates.com.

11.4 We are not legally responsible for your participation in or attendance at any event posted on NakedMates.com and such participation shall be entirely at your own risk.

12 Disputes

12.1 We will try to resolve any disputes with you quickly and efficiently.

12.2 If you are unhappy with:

  12.2.1 our website;

  12.2.2 our service to you; or

  12.2.3 any other matter,

  please contact us as soon as possible.

12.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

  12.3.1 let you know that we cannot settle the dispute with you.

12.4 If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this membership contract.

12.5 The laws of England and Wales will apply to this contract.

12.6 You will pay our costs and expenses including any solicitors or other professionalsí costs and expenses (incurred both during and after the end of the term) reasonably incurred in connection with or in contemplation of your breach of these terms.

13 Third party rights

13.1 No one other than a party to this membership contract has any right to enforce any term of this membership contract.

14 Commercial Membership

14.1 If you are a commercial member these terms and those set out in clause 1.3 is our entire agreement with you. If you are a commercial member these terms constitute the entire agreement between us in relation to your membership. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

14.2 Upon payment of the commercial membership fee and with our consent, you shall be permitted to advertise commercial products, services and events on NakedMates.com.

14.3 Such consent may be withdrawn at anytime following any breach of these terms and conditions as set out in clause 7 above.

14.4 NakedMates.com is not a party to any contract made between yourself and any other member for the sale of goods, services and events and shall have no affiliation or liability to the consumer for the same.

14.5 subject to clause 11.1

  14.5.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

  14.5.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the commercial membership fee.