TERMS AND CONDITIONS OF SERVICE
1. YOUR ACCEPTANCE OF THIS AGREEMENT
1.1. By accessing or using the Website or the Service, you accept this Agreement and agree to all of the terms, conditions, and notices contained or referenced herein. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR ANY PART OF IT, DO NOT USE THE WEBSITE OR ANY OF ITS SERVICES.
1.2. By using any of the Services, as defined below, accessible through the Website, you become a Member and agree to, and are bound by this Agreement for as long as you continue to use the Website or the Services.
1.3. When you communicate with us through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the Company electronically. All information communicated on the Website is considered electronic communication. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
1.4. We may offer additional services or revise any of the Services, at our discretion, and this Agreement will apply to all additional or revised Services. We also reserve the right to cease offering any of the Services at all times.
1.5. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
1.6. You acknowledge and agree that users of the Website may be part of an online community that includes other websites owned by the Company or its affiliates (“Affiliate Websites”). Therefore, with your consent, we may use your profile on the Website to populate registration and profile information on the Affiliate Websites.
2. CHANGES TO THE TERMS
We reserve the right to change, alter, replace, or otherwise modify these Terms at any time. The date of the last modification is stated at the end of the Terms and is deemed to be the Effective Date of the revised version. It is your responsibility to check this page from time to time for any updates. You will have no obligation to continue using the Website following any such change, but if you do not terminate your account as described in these Terms, your use of the Website after such changes will constitute your acceptance of the revised Terms and the whole Agreement.
3.1. By using the Website and the Services, you represent and warrant that you are at least eighteen (18) years old or more.
3.2. You will only use the Services in a manner consistent with this Agreement and all applicable local, state, national and international laws, and regulations. By using the Services, 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. Registration for, and use of, the Website and the Services are void where prohibited. You are responsible for determining whether the use of the Services is legal for you in your jurisdiction.
3.3. WE DO NOT CONDUCT CRIMINAL CHECKS ON ANY OF OUR MEMBERS AND DO NOT INQUIRE INTO THEIR BACKGROUNDS OR VERIFY STATEMENTS. HOWEVER, WE DO RESERVE THE RIGHT TO CONDUCT ANY SUCH CHECK, INCLUDING SEX OFFENDER REGISTER CHECK AND YOU HEREBY AUTHORIZE US TO DO SO. YOU HEREBY REPRESENT THAT YOU HAVE NEVER BEEN CONVICTED OF ANY FELONY AND THAT YOU ARE NOT REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENT ENTITY.
4. MEMBERSHIP AND ACCOUNT
4.1. Completing the registration process, you provide us with current, complete, and accurate information as prompted by the registration form and thereby create a Member Account making you a Member (“Member”) of the Website at no cost. One Member may have only one account. When registering, you are prohibited from selecting or using as your name: (i) a name of another person with the intent to impersonate that person; (ii) a name that is subject to any rights of a person other than you without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar, or obscene. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete.
4.2. Your use of the Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Website community. Not all users or Members are available for communication. From time to time, we may create test profiles in order to monitor the operation of the Website and its Services.
4.3. You are responsible for maintaining the confidentiality of your login credentials and password that you designate during the registration process, and you are fully responsible for all activities that occur under your name and password. You agree to (a) immediately notify us of any unauthorized use of your name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
We shall not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for complying with any and all rules and restrictions governing the use of any public or shared computer, and we shall not be liable for any violations by you of such rules and restrictions.
Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted or otherwise protected or secured. We shall not be liable for any loss or damage arising from unauthorized use of your credentials. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.
4.4. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, establish limitations, conditions, restrictions, or terminate your Membership and account if activities that occur on your account, in our sole discretion, would or might constitute a violation of these Terms or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
5. DESCRIPTION OF THE SERVICES
5.1. The Website is a venue where Members and Validated Members (please see Section 13 (“Suppliers. Validated Members”) can communicate. Members and Validated Members are further jointly referred to as Members. Members may use the Services to submit and receive audio, text, photos, videos, video-chats, pictures, graphics, comments, messages, personal information, and other content, data, or information of any kind (“Content”) which may be communicated among such Members through tools and provided as part of the Services and accessible via the Website.
5.2. We may, from time to time, release new Services and tools on the Website, release new versions of our Website, or introduce other services and/or features for the Website. Any of our Services and features are subject to these Terms as well as any additional terms that we may release for those specific services or features.
5.3. Certain features of the Service are only available to paying Members (“Paid Services”). To use the Paid Services you have to pay for Paid Services using our virtual currency known as “Credits”. You are required to pay a fee using real currency to obtain Credits. Credits are not real currency, do not have monetary value, and may never be redeemed for real currency, or other items of monetary value from outside of the Service without our written permission. While we may use terms like “buy”, “purchase”, or “sell” in reference to Credits, we do so only for convenience and such terms in no way indicate that Credits have monetary value or are real currency. You acknowledge that Credits are not a real currency and are not redeemable for any sum of money from us at any time.
Credits obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-exclusive, non-sublicensable license to use within the Service. Credits may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right, or title in or to any such Credits appearing or originating in the Service, or any other attributes associated with the use of the Service. Unused Credits expire 365 days after their purchase date.
5.4. Credits are available in the “Buy/Add Credit” section in your account. The respective fee for Credits is indicated on the check-out page. Upon purchase, Credits are assigned to your account.
5.5. Paid Services have essentially enhanced features that may be used by you to communicate on the Website using modern technologies. Paid Services are provided and charged either on a “per event” basis or on a “per minute” basis.
5.6. Paid Services are communication services. We are providing instruments of communication and, therefore, can accept only claims regarding the quality of communication instruments. Since we do not provide services of searching for a partner for you, or support in the creation of family, or organization a personal meeting or any other similar services, we shall not accept any liability or claims in the following cases (this list is for reference only and is not exhaustive):
a. You have not been satisfied by any communication on the Website due to someone’s behavior or actions, whether online or offline, by the content of received letters, messages, comments, chats, photos or videos, etc.;
b. You have failed to implement your own intentions or expectations to create a family, find a wife, meet somebody in person, have sex, etc.;
c. You have experienced difficulties or failed to communicate with someone outside the Website;
d. You have experienced difficulties or failed to meet someone in person;
e. You have found someone’s profile removed or suspended from the Website;
f. You have found incorrect information on somebody’s profile (regarding age, city/country of residence, marital status, language abilities, etc.);
g. You have encountered negative reviews or publications on the Internet regarding the Website and/or its Services.
None of the reasons listed above can serve as an eligible ground for a refund.
5.7. Account Inactivity and Termination of Account. In the event that your account has not been active or you have not otherwise accessed the Service for 6 months, your account may be terminated and all Credits may be forfeited at our sole discretion. Additionally, if your account or access to the Service is terminated due to reasons other than inactivity (e.g., a breach of this Agreement), or if we discontinue the availability of some or all of the Service, then all of your credits may be forfeited, unless otherwise is expressly provided in our Refund Policy.
5.8. You may redeem Credits as set forth herein or on the Website. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Credits, which may be modified at any time. All redemptions are subject to this Agreement and all limitations and requirements posted on the Website. All acquisitions and redemptions of Credits are final. Once Credits have been spent, they will be subtracted from your account.
5.9. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
6. TERM AND TERMINATION
This Agreement will take full force and effect when you access the Service and will remain in effect while you use the Service. You may terminate your membership (subject to Section 5 above) at any time, for any reason, by contacting our Support Team online at firstname.lastname@example.org. We may suspend or terminate your use of our Services and/or membership at any time, at our sole discretion without cause and without notice, including but not limited to the following causes: (a) you are in breach of any provision of these Terms, (b) the Company elects to cease providing access to the Website in the jurisdiction where you reside or from where you are attempting to access the Website, or (c) in other reasonable circumstances as determined by us at our sole discretion.
We are not required and may be prohibited by law or otherwise from, disclosing the reason(s) for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. We reserve the right to take further action for our loss or the potential loss of other Members or third parties when necessary due to your breach of this Agreement, in our sole discretion.
7. YOUR USE OF THE WEBSITE AND THE SERVICES
7.1. You are solely responsible for and assume all liability regarding (i) the information and content you contribute, post, publish, submit or send or otherwise make available to the Website or other Members; and (ii) your interactions and communications with other Members through the Services and all possible consequences or outcomes of such interactions and communications. We may allow the sharing of your contact information to Validated Members and, therefore, you understand and acknowledge that we cannot control and will accept no liability for further transfer of such information processed by such Validated Members.
7.2. You assume all risks when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including real-world meetings outside the Website. You agree to take all necessary precautions when meeting individuals through and on the Website.
7.3. We make no guarantees as to the number or frequency of Members’ inquiries to communicate with you on the Website through the Services, or to such Members ability, desire, or criteria to communicate with any Members whosoever. You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Website and the Services or as to the conduct of such individuals or as to the information they provide about themselves.
7.4. You will promptly report to us any violation of the Agreement by other Members.
7.5. You will not provide inaccurate, misleading, or false information to us or to any other Member. If the information provided to us or another Member subsequently becomes inaccurate, misleading, or false, you will promptly notify us of any such change.
7.6. You must not stalk, exploit, threaten, abuse, or otherwise harass other Members, Support Team, or employees.
7.7. You must not collect or attempt to collect personal data, or any other kind of information about other Members if a respective authorization has not been previously granted, including without limitation, through spidering or any form of scraping.
7.8. You must not sell or transfer, or offer to sell or transfer, any Website account to any third party without our prior written approval to do so.
7.9. We reserve the right, but are not obliged, to monitor the information or material you submit to the Website or post via the Services. We will have the right to remove any such information or material that in our sole discretion violates, or may violate, any applicable law or either the intent of this Agreement or upon the request of any third party.
7.10. You will not post via the Services or in any other way communicate to other Members, administration, Support Team or any other personnel, any content (or links thereto), make available in any other way, or otherwise engage in any activity on the Website or through the Services, that:
a. is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in our reasonable discretion;
b. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Website or the Services;
c. contains sexually explicit, pedophilic, incest, zoophilic, violence, or other unacceptable materials;
d. contains copyrighted content (e.g., audio, texts, music, movies, videos, photographs, images, software, etc.) without legally effective permission to do so or other materials that violate, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, trademark rights (whether registered or not), rights of privacy or publicity, confidential information or any other right;
e. contains video, audio, photographs, or images of another person without legally effective authorization of the respective person to do so (or in the case of a minor, the minor's legal guardian’s authorization);
f. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violating someone's privacy, harm or harass another person, obtain others' identity information without authorization, create or disseminate computer viruses, or circumvent copy-protect devices;
g. intended to defraud, swindle or deceive other Members of the Website;
h. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components, or devices;
i. promotes or solicits involvement in or support of a political website, religion, cult, or sect;
j. disseminates another person's personal information without his or her explicit authorization, or collects or solicits another person's personal information for commercial or unlawful purposes;
k. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Website;
l. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
m. solicits gambling or engages in any gambling or similar activity;
n. uses scripts, bots, or other automated technology to access the Website or the Services;
o. uses the Website or the Services for chain letter, junk mail or spam e-mails;
7.11. The Website administration abides by a zero-tolerance policy towards any and all inappropriate content and materials.
8. NON-COMMERCIAL USE
The Services are for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose. You will not use any contact data or other information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to us.
9. PROPRIETARY RIGHTS TO OUR WEBSITE CONTENT
9.1. Subject to your continued strict compliance with all Terms, the Company provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Service. Notwithstanding the foregoing, you acknowledge and agree that the Company owns, licenses, or otherwise retains all proprietary rights in the Service and all intellectual property thereon and therein.
Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other similar rights, wherever existing in the world, together with the sole and exclusive right to apply for the protection of the same on behalf of the Company and its licensors. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company 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.
9.2. Opinions, advice, statements, offers, or other information or content made available through the Service by any Member, or a third party are not those of the Company and should not be relied upon as accurate, complete, or reliable. Such Members or third parties are solely responsible for such content, including its accuracy, completeness, or reliability. The Company does not:
(i) guarantee the accuracy, completeness, or reliability of any information on the Website provided by any Member, or a third party, or (ii) adopt, endorse, or accept responsibility for the accuracy, completeness, or reliability of any opinion, advice, or statement made by any Member, or third party that appears on the Website. To the fullest extent permitted by law, under no circumstances will the Company or its officers, directors, employees, or affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Member, or third party. For the avoidance of doubt, the Company does not guarantee and bears no responsibility for the correctness of any information in the Member’s profile.
10. LINKS TO THE THIRD-PARTY WEBSITES
The Website may contain links to third-party websites, including without limitation, advertisers, which are not under our control or scope of responsibility for the content thereof or any links contained on such websites, or any changes or updates to such websites. Your access to and use of any third-party websites and their services are governed by the terms, conditions, disclaimers, and notices found on each such website. We do not control, endorse, or accept responsibility for third-party services or websites.
Any dealings between you and any third party in connection with a third-party service, including such party’s privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to such websites with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Website.
11. SUPPORT SERVICE
When communicating with our customer Support Team representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If we feel that your behavior towards any of our Customer Support Team representatives or other employees is at any time not in compliance with the previous sentence, we reserve the right to immediately terminate your membership (without prejudice to the generality of other provisions of this Agreement).
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
12.1. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
12.2. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEBSITE OR VIA SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY, OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY (iii) ADOPT OR ACCEPT ANY RESPONSIBILITY FOR ACCURACY, COMPLETENESS OR AUTHENTICITY OF INFORMATION PROVIDED IN PROFILES OF ANY AND ALL MEMBERS. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY MEMBER.
12.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE WEBSITE. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR THE SERVICES, OR IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
12.4. The Company and our Suppliers may use various ways of verifying information that Members have provided. However, none of those ways are perfect, and you agree that the Company and its Suppliers will have no liability to you arising from any incorrectly verified information.
12.5. In addition to the preceding paragraphs and other provisions of this Agreement, any statement that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
12.6. Whilst every effort is made to ensure the accuracy and correctness of the information (including but not limited to, the statistical numbers or numbers of search results) presented on the Website, we do not make any representations and/or warranties (whether express or implied) as to the accuracy, correctness, reliability, completeness or timeliness of and for the use of and/or reliance to such information contained herein.
12.7. Due to rounding, numbers presented throughout this and other documents may not add up precisely to the totals provided and percentages may not precisely reflect the absolute figures. In the event you choose to use and/or rely on any such information for any purposes, you are advised to exercise your own judgment and make your own verification, as you deem appropriate. The calculations made are approximations and should not be relied upon in making membership or payment decisions.
12.8. Member profiles, and the information contained therein, are provided solely by third-parties and we are not responsible for the accuracy of such information, the representations made therein, and/or the intentions of those who become Members or use the Website.
12.9. All the information provided on the Website is subject to change at our sole discretion without notice.
13. SUPPLIERS, VALIDATED MEMBERS
13.1. To provide the Service, we purchase services from various service providers (collectively, “Suppliers”). Among other services provided, Suppliers:
i. act as “introducers”, that is, refer female members to us for registration on the Website (“Validated Members”);
ii. provide all of the information and materials pertaining to the Validated Members some of which are displayed on the Website (including name, other personal details, photographs, videos, etc.) as well as a copy of the Validated Members’ identification document; and
iii. purchase and deliver flowers and other goods ordered by other members via the Website as gifts to the Suppliers’ Validated Members;
iv. collect the Validated Members’ paperwork, including the consent to the exchange of contract details with other Members.
13.2. The Suppliers are independent contractors and are not our agents or employees. We are not responsible for the quality of Suppliers’ services, the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants, or representatives including, without limitation, their failure to deliver services or partial or inadequate delivery of services.
13.3. If you would like to learn whether a certain Member is a Validated Member, please contact us via the Website or at email@example.com.
13.4. Currently we do not allow you to request the delivery of gifts to, personal contact details of, or personal meeting with, any members other than Validated Members. Validated Members may have access to additional features of the Service. We may require Validated Members to agree to the terms of using the Service that may be different from, or additional to, the terms set forth in this Agreement.
14. INDEMNIFICATION BY YOU
You hereby agree to indemnify, defend and hold harmless the Company, its successors, assignees, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
(i) any violation by you of these Terms;
(ii) any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your posting Content on the Website, and/or your making available thereof to other Members of the Website, and/or the actual use of your Content by other Members of the Website;
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of the Company.
15.1 Payment for our Services are predominantly made with credit/debit cards, which are processed by multiple parties: Issuing Bank, Acquiring Bank, Credit Card company, and other Payment Service Providers. Therefore any chargeback claim entered by a Member will necessarily require a substantial amount of time and effort by all parties concerned as a part of the factual investigation process.
15.2 We recognize that there may be justifications with certain chargeback claims but equally, there are ones that are entered wholly without merit, sometimes to the point of being malicious or fraudulent. The fraudulent claim is a criminal offense for which we reserve the right to complain and invoke prosecution by law enforcement agencies, in the scope of which we will provide the claimant’s personal information, credit card details, a record of communication-related to our Services or other Members.
15.3 As compensation for the efforts in investigating a chargeback claim, you hereby agree that should your claim be found fraudulent or malicious, you will pay us an amount by way of liquidated damages comprising of :
- all relevant disbursements paid by us to third parties;
- 5% of the subject amount of the chargeback claim.
Such compensation is agreed to be effected with priority by way of set-off against the Credits available on your account with our Website.
16. ARBITRATION AGREEMENT
16.1. For the purposes of this Arbitration Agreement, “Dispute” shall mean any dispute, claim, or controversy between you and the Company regarding any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
16.2. Class Action Waiver. The parties hereto expressly agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action, or private attorney general action) unless both you and the Company specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other user or Member of the Website can be a class representative, class member, or otherwise participate in a class, representative, consolidated, or private attorney general proceeding.
16.3 You and the Company each hereby agreed to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, the parties to it might otherwise have had a right or opportunity to bring a Dispute in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You hereby WAIVE those rights. Other rights that you would have had if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general, an arbitrator’s decision may not be appealed for errors of fact or law.
16.4. Any dispute, controversy, or claim arising out of or relating in any way to the agreement including without limitation any dispute concerning the Services, the Website, validity, interpretation, enforceability, or breach of this Agreement, shall be exclusively resolved by binding arbitration upon submission of the dispute to arbitration. In the event of a dispute, controversy, or claim arising out of or relating in any way to the Agreement, you shall notify the Company in writing thereof and that notice shall include
(a) your name, (b) your address, (c) a written description of the Dispute, and (d) a description of the specific relief you seek. Within forty-five (45) days of such notice, the Company shall try to resolve the Dispute. Should the dispute not be resolved within forty-five (45) days after such notice, you may pursue your Dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
16.5. All disputes between you and the Company shall be resolved by binding arbitration. Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court.
19.1. If we cancel or suspend your use of the Services without cause (as determined by us in our sole discretion), we will provide you with a refund for any pre-paid, but unused Credits. Bonus Credits that may be provided by the Company to you for free are never refundable or convertible.
19.2. Except as stated in the previous sentence or elsewhere in the Agreement (including the Refund Policy), fees paid, Credits purchased and Credits spent are NOT REFUNDABLE, but we may make refunds at our sole discretion as stated in our Refund Policy on this Website. Without limiting the generality of the other provisions of this Agreement, we reserve the right to change the Refund Policy at any time, and changes are effective upon posting on this Service or giving you notice of the change.
19.3 If you would like to request a refund, please read carefully the Refund Policy first.
20. FORCE MAJEURE
The Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Company’ performance.
21. NO WAIVER
The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Service.
21. ENTIRE AGREEMENT
This Agreement and all other provisions referenced herein contain the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Last revised on January 1st, 2021
Please contact us with any questions regarding this Agreement at firstname.lastname@example.org