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PLEASE BE ADVISED THAT WE MAY SHARE REVENUE WITH OUR SUPPLIERS AS FURTHER DESCRIBED IN THE TERMS. BY USING OUR WEBSITE, YOU AGREE TO THE RESULTING INCREASED RISKS.
Please see our Risks Notice for more details.
1. ACCEPTANCE OF THIS AGREEMENT BY YOU
1.1. This Agreement is a binding agreement between you and the Company. 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 accept this Agreement, then do not access or use the Service. This Agreement applies to all users of the Service (“Users”), including, without limitation, users who are browsers, customers, and/ or contributors of content.
1.2. All information communicated on the Website is considered an electronic communication. 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. 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.
1.3. 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.
1.4 We reserve the right, at our sole discretion, to change the Agreement from time to time and at any time and without prior notice by (i) posting the changed Agreement (or parts of it) to the Service; or (ii) otherwise giving you notice of the changes. The changes shall be effective upon such posting by us or upon us giving you such notice, whichever is the earlier (unless we expressly indicate otherwise). It is your responsibility to check our Service and your email account periodically for changes to these Terms and other parts of the Agreement. Your continued use of or access to our Service following the effective date of any changes to the Agreement constitutes acceptance of those changes.
1.5. We may assign or transfer all of our rights and obligations hereunder to any other person, whether by way of novation or otherwise, and you hereby give us consent to any such assignment and transfer. You agree that posting a version of this Agreement on this Website indicating another person as a party to this Agreement will constitute sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party (unless otherwise is expressly indicated).
1.7. 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.
2.1. No part of the Service is directed to persons under the age of 18 or the age of majority in your state or jurisdiction, whichever is greater. IF YOU ARE UNDER 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR STATE OR JURISDICTION, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant that you are at least 18 years of age or the age of majority in your state or jurisdiction, whichever is greater. If you are under 18 years of age or the age of majority in your state or jurisdiction, then you are not permitted to use the Service.
2.2. Membership in the Service is void where prohibited by law. By using the Service, 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. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If any such representations or warranties turn out to be false or misleading in any way, your membership will be terminated immediately (without prejudice to the generality of other provisions of this Agreement), and the Company reserves the right to take any all legal action against you to enforce its rights and to refuse to make any refund of any unused or used funds in your account.
3. REGISTRATION. MEMBERSHIP AND PRICING
3.1. Accounts. You may become a Member of the Service at no cost. If you are registered with the Service and have a profile, then you are a “Member”.
3.2. To become a Member, you must create an account by providing a valid email address, name, password and/or other information as prompted by the registration form or as required by applicable law. Those Members who are referred to us by our local service providers may be registered with the Service by such local service providers, who may provide such Members’ registration information to us on the Members’ behalf (please see Section 12 (“Suppliers. Admitted Members”) below for more details). We may also allow you to register by using your social network credentials. 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. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. We may create test profiles in order to test or monitor the operation of the Website.
3.3. Certain features of the Service are only available to paying Members (“Premium Services”). To use the Premium Services you have to pay for Premium Services using our virtual currency known as “Credits”. You are required to pay a fee using real currency to obtain a license to use 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 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-sublicenseable 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.
3.4. Credits are available in “Buy/Add Credit” section in your account. Respective fee for Credits is indicated on the check-out page. Upon purchase Credits are assigned to your account.
3.5. Premium Services are essentially enhanced features that may be used by you to communicate on the Website using modern technologies. Premium Services are provided and charged either on a “per event” basis or on a “per minute” basis.
i. Per-event Premium Services are provided and charged once you have used them, despite the session time:
Send a letter (you send messages to other Members which are delivered to their internal inbox on the Website) – 7 Credits per letter;
Video presentation (a short video in which a Member presents him/herself) – 10 Credits per presentation;
Request for contact information – 20 Credits per approved request.
You become eligible to submit a request to an Admitted Member for his/her personal contact information once the foregoing conditions are met: you have sent at least 15 letters to this Member or you have spent at least 180 minutes in Text chat with this Member. In response to such a request, the following contact information of the Admitted Member is provided: name and surname, address of residence, contact telephone number. The request is subject to the Admitted Member approval. 20 Credits shall be reimbursed to your account balance in case of request rejection.
Gifts delivery (you order purchase and delivery of goods via the Website as gifts to Admitted Members) - the value in Credits for a specific gift is available on the Website.
Currently we do not allow you to request the delivery of gifts to, personal contact details of any Members other than Admitted Members. Admitted Members may have access to additional features of the Service. We may require Admitted 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.
ii. Per-minute Premium Services are provided on a session basis and are billed for every minute of usage. The duration of each Service session is rounded up to a full minute starting from the first second. E.g., if the session duration is 1 minute and 10 seconds, you will be charged as for two minutes of usage.You can use as many Per-minute Premium Services at the same time and open as many simultaneous sessions as you want to in different combinations with different Members. For example, you may start bilateral video stream with several Members while having text chats with other Members. All those per-minute Premium Services will be charged separately and as described above. Per-minute Premium Services include the following:
Text chat (you exchange instant text messages with another Member) – 1 Credit per minute;
Webcam viewing (you watch another Member on a webcam) – 1 Credit per minute;
Webcam Broadcast (your stream video and another Member watches you on your webcam) – 1 Credit per minute;
3.6. 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 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.
3.7. 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. Please also refer to Section 19 (Refunds) below.
4. 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 3 above) at any time, for any reason, by contacting our Support Team online at [email protected] . 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. Please see Section 19 (Refunds) below for information about refunds in such case. 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 including, but not limited to, Sections 7-9, 16-18, and 20-28. 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.
5. 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.
6. ACCOUNT SECURITY
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.
7. INTERACTIONS WITH OTHER MEMBERS
7.1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ALL MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE ABILITY TO SECURE ANY VISAS OR OTHER INTERNATIONAL TRAVEL DOCUMENTATION FOR ANY MEMBERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS, AND YOU CONSENT TO SUCH SEARCHES AND OTHER SCREENINGS.
7.2. Use caution and common sense when using the Service, especially when providing personal information to other Members. The Service is an internet information service that facilitates contact between persons who may or may not be seeking friendship or a relationship. The Company makes no, and expressly disclaims all, representations or warranties as to the conduct of Members. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Members. You assume all risks associated with dealing with any and all Members, or other third parties, including without limitation the risk that information about a certain Member posted on the Website or information provided by a Member in the course of interactions with other Members via the Service may be false or misleading. You agree to resolve disputes directly with the other party. You release the Company of all claims, demands, and damages in disputes among Members of the Service or other third parties. You also agree not to involve us in such disputes.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) 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 SERVICE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN INTERACTING WITH ANY OTHER MEMBER IN CONNECTION WITH USING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER MEMBER OR SENDING MONEY TO ANY MEMBER. ALL USERS AND MEMBERS OF THE SERVICE HEREBY EXPRESSLY AGREE NOT TO SUE OR HOLD LIABLE THE RELEASED PARTIES FOR ANY INSTRUCTION, ADVICE, OR SERVICES THAT ORIGINATED THROUGH THE SERVICE, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR ARE RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE, AND/OR THE INTERACTION(S) BETWEEN ANY MEMBERS OF THE SERVICE, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE. IN ADDITION, YOU AGREE TO REVIEW THE COMPANY SAFETY TIPS PRIOR TO USING THE SERVICE WHICH ARE AVAILABLE AT THE WEBSITE. YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS AND WE DISCLAIM ALL LIABILITY ASSOCIATED WITH THE FOREGOING.
7.3. We make no representations or warranties that you will experience specific results from the use of the Service. The Website is only a technical platform and a venue for individuals to communicate with each other by means of the Services. While the Company is making its best to check if Members are real people, we are not required to screen or censor information posted on the Website, including but not limited to the identity of any Member. We are not involved in any actual communication between individuals on the Website.
7.4. We may allow our Admitted Members (as defined in Section 12 (Suppliers. Admitted Members) below) to choose to send the same message (a “Presentation letter”) to a number of other Members, who are selected in order to allocate the attention and activity among Members of our Service. You may receive Presentation letters from the same Admitted Member more than once. Presentation letters may be sent through the same channels as ordinary messages.
This may work as follows:
(i) an Admitted Member drafts the text of a Presentation letter and chooses to send it via our messaging service;
(ii) an Admitted Member does not select the recipients of the Presentation letter; and
(iii) within a certain period thereafter, the Presentation letter is delivered to Members.
7.5. In order to reduce the chance that Presentation letters are used for spam, commercial, or other improper purposes, we do not allow Members other than Admitted Members to send Presentation letters.
7.6. We reserve the right to monitor the content of Presentation letters (as well as of any other communication via our Service) and to remove them, or prevent them from being sent, with or without cause. However, we assume no obligation to do so.
7.7. If you are unsure whether a certain message is a Presentation letter and wish to find out, please contact us.
8. OUR WEBSITE CONTENT
8.1. Subject to your continued strict compliance with all Terms, the Company provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable 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.
8.2. Opinions, advice, statements, offers, or other information or content made available through the Service by any Member, or 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 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 avoidance of doubt, the Company does not guarantee and bears no responsibility for the correctness of any information in Member’s profile.
9. CONTENT POSTED BY YOU ON THE WEBSITE
9.1. You are solely responsible for the information, communications and content that you publish or display (hereinafter, “post”) on the Website, or transmit to other Members (“User Content”). You will not post on the Website, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to the Company, or another Member, subsequently becomes inaccurate, misleading, or false, you will promptly notify the Company of such change and you will take all reasonably necessary measures to correct the information.
9.2. You understand and agree that we reserve the right, but have no obligation, to have access to and monitor any and all User Content. We have the right, but have no obligation, to remove any User Content.
9.4. You hereby release, discharge and agree to hold the Company harmless from any causes of action in law or equity you may have or may hereafter acquire against the Company or any of its affiliates for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by the Company or its affiliates of your User Content.
9.5. The Company may remove any User Content for any reason. The following is a list of examples of User Content that is illegal or prohibited on the Website. User Content that: (i) is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person; (ii) promotes information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (iv) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (v) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (vi) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (vii) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or (viii) has features of pornographic or adult content, including, but not limited, content that represents a sexual act, naked genitals or other graphic material.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the Service and terminating the access and membership of such violators.
9.6. You represent and warrant that your use of the Service, including but not limited to your User Content, must be in accordance with any and all applicable laws and regulations.
9.7. You represent and warrant that you will not include in your Member profile any telephone numbers, street addresses, email addresses, other personal contact information, your last name or any URLs.
9.8. You represent and warrant that you will not publish false or inaccurate information in your Member profile. You may not create duplicate profiles. The Company reserves the right to terminate the membership and deactivate the profile of any Member violating this provision (without prejudice to the generality of other provisions of this Agreement).
9.9. You represent and warrant that you will not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although the Company cannot monitor the conduct of its Members while not on the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
9.10. To ensure the quality of the Services, the video you may stream through the Service may be recorded.
9.11. You represent and warrant that: (i) all information you include in your Member profile is accurate, current, and complete; (ii) you will be honest in your communication and interactions with other members; (iii) you will not conceal from those with whom you correspond any information regarding infectious or incurable diseases, physical or psychological handicap, disabilities, or disorders you may have or may believe that you have, or any other adverse elements that may be deemed by a reasonable person to be unsuitable for relationships.
9.12. When using particular services on the Website, you shall be subject to any posted policies or procedural rules applicable to such Services, which may be posted and modified from time to time. All such policies or procedural rules are hereby incorporated into this Agreement.
10. PROHIBITED ACTIVITIES ON THE WEBSITE
10.1. The Company reserves the sole and exclusive right to investigate and terminate your membership if you have misused the Service, or acted in a way which could be regarded as inappropriate, unlawful, or illegal (without prejudice to the generality of other provisions of this Agreement). You represent and warrant that you will not act in any inappropriate, unlawful, or illegal manner with respect to, or while using the Service, including, but not limited to the following representations and warranties:
a. You shall not make illegal and/or unauthorized uses of the Services, including, but not limited to, collecting names and/or email addresses of other Members posted on the Website by any means for the purpose of sending unsolicited emails and/or unauthorized framing of, or linking to, the Service;
b. You shall not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
c. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
d. You shall not remove any copyright, trademark, or other proprietary rights notices contained in the Service;
e. You shall not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website;
f. You shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
g. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
h. You shall not “stalk” or otherwise harass any person;
i. You shall not “frame” or “mirror” any part of the Service or the Website, without the Company prior written authorization. You also shall not use meta-tags or code or other devices containing any reference to the Company or the Service or the Website in order to direct any person to any other website for any purpose;
j. You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so;
k. You shall not post any pornographic materials;
l. You shall not attempt to interfere with, harm, steal from, or gain unauthorized access to the Service, Member accounts, or the technology and equipment supporting the Service;
m. You shall not post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
n. You shall not disclose personal information about another person or harass, abuse, or post objectionable material;
o. You shall not post advertising or marketing links or content, except as specifically allowed by this Agreement;
p. You shall not use the Service in an unlawful or illegal way or commit an illegal act in relation to the Service including, without limitation, all laws associated with international money transfers;
q. You shall not access the Service from a jurisdiction where it is illegal or unauthorized;
r. You shall not create any databases, websites, software, legal entities, and/or services that compete with the Website;
s. You shall not access or use (or attempt to access or use) the Service in any way that violates this Agreement.
10.2. We reserve the right to take appropriate legal action against you in the event that you breach any of the foregoing representations and warranties including, without limitation, seeking civil, criminal, and injunctive redress.
11. SUPPORT SERVICE
When communicating with our customer support 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 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. SUPPLIERS, ADMITTED MEMBERS
12.1. 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 (“Admitted Members”);
ii. provide all of the information and materials pertaining to the Admitted Members some of which are displayed on the Website(including name, other personal details, photographs, videos etc.) as well as a copy of the Admitted Members’ identification document; and
iii. purchase and deliver flowers and other goods ordered by other members via the Website as gifts to the Suppliers’ Admitted Members;
iv. collect the Admitted Members’ paperwork, including the consent to the exchange of contract details with other Members.
12.2. 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.
12.3. If you would like to learn whether a certain Member is a Admitted Member, please contact us via the Website or at [email protected] .
12.4. As mentioned above, Suppliers act as independent contractors who are solely responsible for the purchase and delivery of gifts ordered by you through the Website. Thus, you acknowledge and agree that the delivery date shown at any time on the Website is optional and may be changed by such Suppliers without any notice; and that you will in no way hold us responsible for any such change in delivery date.
12.5. 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 Admitted Members. Admitted Members may have access to additional features of the Service. We may require Admitted 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.
13.1 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 requires substantial amount of time and effort by all parties concerned as a part of factual investigation process.
13.2 We recognize that there may be justifications with certain chargeback claims but equally there are ones which are entered wholly without merit, sometimes to the point of being malicious or fraudulent. Fraudulent claim is a criminal offence for which we reserve the right to complain and invoke prosecution by law enforcement agencies, in scope of which we will provide claimant’s personal information, credit card details, record of communication related to our Services or other Members.
13.3 As a 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.
14. THIRD-PARTY LINKS AND WEBSITES
14.1. The Company may provide you with access to third-party links and websites over which we neither monitor nor have any control nor input.
14.2. You acknowledge and agree that the Company provides access to such third-party links and access to third-party websites “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party links or websites.
14.3. Any use by you of third-party links or websites offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the third-party links and websites are provided by the relevant third-party provider(s).
15. MODIFICATIONS TO SERVICE
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.
16. PRECAUTION MEASURES
In order to protect the integrity of the Service, the Company reserves the right, at any time in its sole discretion, to block Members from certain IP addresses from accessing the Website.
17. COPYRIGHT POLICY
17.1. 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.
17.2. The Company respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask you to do the same. Infringing activity will not be tolerated on or through the Service. Our intellectual property policy is to (i) remove or disable access to material that we believe, in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on or through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers”. The Company considers a “repeat infringer” to be any Member that has uploaded User Content to or through the Service and about whom the Company has received more than two takedown notices with respect to such User Content. The Company has discretion, however, to terminate the account of any Member after receipt of a single notification of claimed infringement or otherwise upon the Company’s sole and exclusive determination (without prejudice to the generality of other provisions of this Agreement).
17.3. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” containing the following information to the designated agent identified below. The Company may share your Notification of Claimed Infringement with the Member alleged to have infringed a right you own or control, and you consent to the Company making such disclosure. Your communication must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has/have been allegedly infringed;
2. Identification of the material allegedly being infringed, or, if multiple materials are covered by a single notification, then a representative list of such works;
3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material on the Website;
4. Information reasonably sufficient to permit the Company to contact you, such as your name, address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
6. Under penalty of perjury, a statement that the information in the Notification of Claimed Infringement is accurate and truthful, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or review applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of claimed infringement.
17.4. The Company's designated agent for receipt of Notifications of Claimed Infringement can be contacted at e-mail: [email protected]
17.5. the Company reserves the right to seek damages from any party that submits a false notification in violation of the law.
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 which 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 contact us at [email protected] . However, we recommend to read carefully the Refund Policy first.
20. ADDITIONAL DISCLAIMERS OF WARRANTIES
20.1. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE RELEASED PARTIES (AS DEFINED ABOVE IN SECTION 7), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS WELL AS ANY AND ALL WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE WEBSITE. THE RELEASED PARTIES MAKE NO, AND EXPRESSLY DISCLAIM ANY WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY DATA OR SERVICE AVAILABLE ON THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. WE CANNOT GUARANTEE AND DO NO PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE. Without limiting the generality of any other provisions, you agree to take the risks of interruption of the Service for any technical reasons.
20.2. The Website allows Members to get in touch with anyone who has a profile on the Website. You agree that we do not provide any guarantee or assurance that our Website or the Services will operate continuously or without interruptions. Accordingly, we do not accept liability for its unavailability or the timeliness, deletion, mis-deliver or failure to store any user communications or personalization settings. You assume full responsibility and risk for your use of the Website and use of all information contained within it.
20.3. 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.
20.4. 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.
20.5. 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 judgement 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.
20.6. 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.
20.7. All the information provided on the Website is subject to change at our sole discretion without notice.
21. LIMITATION OF LIABILITY
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE, ATTEMPTED USE, OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY MEMBER OR THIRD PARTY ON THE WEBSITE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
IF, NOT WITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, THE COMPANY IS FOUND LIABLE UNDER ANY THEORY, THE COMPANY’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID TO THE COMPANY OR USD $100. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER THE COMPANY WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
22. INDEMNITY BY YOU
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and all of its subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party resulting from or in any way connected with or related to your use of the Service in violation of this Agreement and/or your breach of this Agreement and/or any of your representations and warranties set forth above. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify, the Company in connection therewith.
23 NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
24. ARBITRATION AGREEMENT
24.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS.
24.2. For the purposes of this Arbitration Agreement “Dispute” means any dispute, claim, or controversy between you and the Company regarding any aspect of your relationship with us, 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.
24.3. 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 can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
24.4. 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, 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 give up 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.
24.5. Any dispute, controversy or claim arising out of or relating in any way to the agreement including without limitation any dispute concerning the Services, validity, interpretation, enforceability or breach of the Agreement, shall be exclusively resolved by binding arbitration upon a 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.
24.6. 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.
24.7. The arbitration shall be conducted by one arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the London Court of International Arbitration (“LCIA”) shall select the arbitrator in accordance with the terms of this agreement. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
24.8. The arbitrator shall have three years of experience in online services provision and also shall have served as an arbitrator at least three times prior to their service as an arbitrator in this arbitration. The arbitration shall be conducted in accordance with the then existing rules of the LCIA. The arbitration shall be conducted in LCIA, London, UK.
24.9. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the LCIA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
24.10. Except as may be required by law, you, nor your representative may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the Company.
24.11. The arbitrator shall have no authority to award punitive, special and indirect damages. The arbitrators shall not be entitled to issue injunctive and other equitable relief.
24.12. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. This Section shall survive the termination or cancellation of this Agreement.
24.13. Enforceability. If only the “No Class Actions” paragraph above or the entirety of this Section 24 is found to be unenforceable, then the entirety of this Section 24 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 25 will govern any action arising out of or related to this Agreement.
25. GOVERNING LAW
The laws of the United Kingdom, excluding its conflicts of law principles, govern this Agreement and your use of the Service. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of courts in the United Kingdom, and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.
26. ENTIRE AGREEMENT
This Agreement and all other provisions referenced herein contains 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.
27. 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.
28. 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.
Please Contact Us with any questions regarding this Agreement.
E-mail: [email protected]
Last revised on Apr 24, 2019