1. Eligibility. By registering on This Dating App, You represent and warrant that You are at least 18 years old. Membership in the Service and registration on This Dating App is void where prohibited. By using This Dating App, 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. 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.
2. Term. This Agreement will remain in full force and effect while You use This Dating App and/or are a Member of This Dating App. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of terminaя за еtion by This Dating App customer support staff.
This Dating App may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to This Dating App. Upon termination by This Dating App without cause, You shall receive a refund, pro rata, of any paid fees that This Dating App has received from You. If Your membership with This Dating App is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall This Dating App be liable to You, for any refund of unused fees for using This Dating App or its additional Services. Unused credits expire 365 days after their purchase date. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
4. Proprietary Rights in Content. This Dating App owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, absolutely. 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 right to apply for protection of the same of This Dating App 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.
5. Content Posted at This Dating App:
a. You understand and agree that This Dating App may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, «Content») that in the sole judgment of This Dating App violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
b. You are solely responsible for the Content that You publish or display (hereinafter, «post») via the Website/ Application, or transmit to other Members.
c. By posting
Content to any public area of the Website/ Application You
automatically grant, represent and warrant that You have the right
to grant to This
Dating App an irrevocable, perpetual,
d. The following is a partial list of Content that is illegal or prohibited on the Website/ Application. This Dating App reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
g. You may not
engage in advertising to, or solicitation of, other Members and/or
h. You may not collect data from This Dating App either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on This Dating App. You may not collect data from This Dating App authorized zones by any other means including manual collection of data.
i. To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.
j. This Dating App reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section 5 including without limitation removing the offending communication from the Service and terminating the membership of such violators.
7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply This Dating App's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website/ Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.
Disputes. You are solely responsible for Your interactions with other This Dating AppMembers/Registered
9. Calls and text messages. By providing Your phone number(s), you confirm that the number(s) belongs to you and you expressly consent to receive non-marketing and marketing text messages from This Dating App, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number will only be visible to you.
11. Disclaimers. This Dating App PROVIDES
THE SERVICE ON AN «AS IS» BASIS AND GRANTS NO WARRANTIES
OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY
COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE
Dating App SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, This Dating App DOES
NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE,
UNINTERRUPTED, ALWAYS AVAILABLE OR
12. Suppliers. To provide the Service, This Dating App may purchase services from various third parties (collectively, «Suppliers»). The Suppliers are independent contractors and are not agents, or employees of This Dating App. This Dating App is not responsible for 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. According to terms of agreement with its Suppliers, This Dating App is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:
. Suppliers provide full, accurate and legitimate information required for the registration of the Members at This Dating App prior to their registration according to the terms of Agreement.
a. Suppliers provide full, correct and quality translation of all correspondence of their Members.
b. Suppliers provide additional services in accordance to the terms of their agreement with This Dating App.
c. Any additional services requested by This Dating App Members, which fall into the Suppliers scope of activity, but not defined by This Dating App terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.
This Dating App is not in any way responsible
for the quality of any additional services provided by the Suppliers.
The Website/ Application and the Service are provided «as is» and This Dating Appexpressly
disclaims any warranty of fitness for a particular purpose or
13. Members. This Dating App does not influence the relationships between Members of the Website/ Application. Members may terminate their membership with This Dating App at any time. Deactivation of profiles of Members of This Dating App is governed by the following:
. In the event a Member is no longer interested in the Services, This Dating App customer support administrators shall review the correspondence between such Member and other Member's with whom the Member has been corresponding (the «Correspondent») and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the Member. Notwithstanding the above, This Dating App customarily issues no more than 10 credits back to the Correspondent for such a Correspondents last letter to the deactivated Member.
b. In the event, a Member had found his/her match, and same is not the Correspondent, the Correspondent shall not be entitled to any refund with respect to this correspondence with such Member.
c. In the event, a Member had been reported for inappropriate activities, This Dating App may, at its sole and unfettered discretion, issue a partial refund to the Correspondent, who had informed This Dating App of such Member's inappropriate activity by providing incontrovertible evidence of same.
d. In the
event, a Member is found on an
This Dating App operates in full compliance with the International Marriage Broker Law (IMBRA).
14. Rights of Registered
. Browsing of Members profiles;
a. Inclusion of Your profile in This Dating App's database and searchability by other Members;
b. Ability to make changes to Your profile
c. Ability to read messages;
d. Ability to respond to messages from Members with a positive balance on the account;
e. Ability to purchase membership.
In the event You fail
to purchase Your membership during the Trial Period, your profile shall be
of membership, a Registered
By purchasing the 1 (one) calendar months membership, You authorize This Dating App to charge Your credit card, debit card or other payment method at such time and again, as Your membership will automatically renew at the beginning of any subsequent membership period, unless canceled by You prior to the expiration of any membership period, including any sales or similar taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or communications This Dating App sends to Your registered email address, the renewal membership will be at the same membership fee as when you first subscribed, plus any applicable taxes, unless This Dating App notifies You at least 10 days prior to the end of your current term that the membership fee will increase. You acknowledge and agree that your payment method will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your membership is subject to automatic renewals and You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from You and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable membership fees. Upon the renewal of Your membership, if This Dating App does not receive payment, You agree that This Dating App may either terminate or suspend your membership and continue to attempt to charge Your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).
Membership starts with a discounted fee for the first month and the standard fee as clarified here for each following month.
By subscribing to our monthly membership, you will receive the following benefits:
f. A showcase of your account to all members during the membership period
h. 10 free Live Chat sessions limited to 3 minutes each
i. First offline introduction messages to any member are free. We also offer several credit packages with the special prices per credit. These credits can be used for any of our services: chats, emails, sharing photos and videos, etc.
Cost of services:
Every Member is entitled to qualify as Free Member. Free Members are entitled to use Services free of charge. To qualify as a Free Member a Member should:
Free Membership will
become available after the review of Your profile by the Company.
If Your profile qualifies for Free Membership You will be provided
During your use of Streaming you may be awarded by other Members with virtual gifts. When you receive gifts from your viewers during your stream, like a popcorn or a car, you immediately earn the same number of Diamonds as the item cost in Credits to purchase in the Gift Store.
Gifts or Diamonds have no monetary value (i.e., are not a cash account or equivalent), and do not constitute currency or property of any type. Gifts and Diamonds cannot be sold or transferred to other Members and cannot be exchanged for cash or for any other goods and services.
no property, proprietary, intellectual property, ownership,
or monetary interest in Gifts, which remain Company’s content
or in Credits and/or Diamonds. Gifts and Diamonds are
Although Company may share revenue generated from the sale of Gifts with the Memberreceiving the Gift subject to the agreement solely between Company and the Member whichcan be found in the details of Your account under «Cash Out» button, Gifts and Diamonds are not intended to be used as a means to provide financial support to the Member, and Company makes no assurances to any Member that any Member receiving Gifts will receive a revenue share.
Company does not guarantee that Gifts or Diamonds will be available at all times or at anygiven time. Company does not guarantee that we will continue to offer Gifts or Diamonds for any particular length of time. Company may modify Gifts or Diamonds at our sole discretion, and such modifications may make Gifts or Diamonds more or less common, desirable, effective, or functional. Company may immediately suspend or terminate Gifts or Diamonds for any or no reason, in our sole discretion, and without advance notice or liability.
Company reserves the right to change and update our Gifts and Diamonds without notice. Company reserves all right, title and interest in Gifts and Diamonds, and all associated copyrights, trademarks, and other intellectual property rights therein. Except as required by applicable law, any unused Diamonds and Credits will be forfeited to Company upon termination of your This Dating App account.
Company reserves the right to deactivate a Member from any This Dating App service for any reason or no reason. Once a Member has been deactivated, any Diamonds, Gifts or Credits accumulated by that Member will be forfeited and may not be reinstated.
15. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will This Dating App be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website/ Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if This Dating App knows or has been advised of the possibility of such damages. This Dating App is not responsible for any expenses that you may have related to communicating with Members and Non-Members on our site but outside of using our services our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, This Dating App's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to This Dating App for the Service during the term of membership.
17. Disputes. You acknowledge that the transactions involving your use of the Website and your purchase of products or services took place in the country of incorporation of the Company. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by This Dating App or through This Dating App will be resolved by binding arbitration under the LCIA Rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the Company. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would.
The LCIA’s Rules are available at www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
18. Indemnity. You agree to indemnify and hold This Dating App, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to This Dating Appor transmit to the Website/ Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.