These Terms of Service (Hereinafter, referred to as “Terms” or “Agreement”) are entered into BY and BETWEEN:
Service Development Limited, a private limited liability company, organised and existent under the laws of Cyprus, with its registered office at 6 Elpidas, Lakatamia, 2304, Nicosia, Cyprus (Hereinafter, referred to as “We”, "Our", “Us” or the “Company”).
You, an individual duly identified when registering (Hereinafter, referred to as “You” or "Your").
In order to use the Company's services, You must be and You hereby represent and warrant to be of legal age and competence in your jurisdiction and in Cyprus. When using the Company's services on behalf of any third party, You are herein representing to be an authorised representative of that third party and that Your use of the Company's services constitute that third-party’s acceptance of these Terms.
The purpose of these Terms is to indicate the terms and conditions that shall govern the Company’s rendering of its services, as well as Your access to and Your use of such Company's services.
Service Development Limited is the unique proprietor of https://www.arousingdates.com (Hereinafter, referred to as "Website") and all the systems, trademarks, domains and platforms that are being used in regard to the provision of these online dating services. All AROUSINGDATES.COM™’s websites, platforms, mobile applications, and other digital and interactive services that are related to these Terms, shall be collectively referred to as the “Services”.
If You have been previously prohibited from accessing the Services by Us, You shall not be permitted to access the Services.
Other terms may apply to You while using the Services, in that regard, We will provide those additional terms to You or post them on the Services together with the features to which they may apply, and such additional terms are incorporated herein by reference.
1.2. In case that You may have any type of objections or reservations regarding these Terms, regardless of whether or not You may have pressed the button specifically used to express refusal - for example, when You click on the buttons of "Refuse”, “Cancel”, “Back” or any other wording which is similar-, You shall stop from signing up or further signing in or otherwise accessing to use the Services, and also from continue uploading, posting or either submitting any content to or through the Services. Any use of the Services under the above-mentioned circumstances shall be considered an unauthorized use of the Services and, therefore, deemed absolutely prohibited accordingly with these Terms.
1.3. In case that You may have already entered into an agreement with Us in the past, that either: (a) incorporates these Terms by reference therein; or (b) governs about the same subject, unless explicitly stated under the corresponding agreement, these Terms are also enforceable and bound upon You, whether explicit consent is given or not.
1.4. At any moment, We will have the right to update, amend or modify in any manner these Terms, the Policies and the Services, and We won't need to give You prior notice of it (to the extent legally permitted). For instance, We will be able to change, implement or remove any features, specifications, capabilities, functions, licensing terms, which may or may not affect the Services’ general availability.
1.5. We will inform You whenever those changes happen, either through posts on Our Website or e-mails to the most current address that You have provided Us. If You keep accessing or using the Services, or any related content, upon an amendment, update or otherwise alteration pursuant to these Terms, regardless of any objections or reservations You may have eventually raised, You explicitly consent to become subject to and bound by those alterations, therefore, waiving any right to enjoy or claim any compensation or indemnification stemming therefrom or in connection thereto. Any alterations according to this Section shall enter into force immediately upon posted at the Website and will apply on a going-forward basis, unless otherwise instructed by Us through written notice to You, or to the greatest extent permitted by law.
1.6. If You wish to raise any reservations or objections regarding any modifications according to the foregoing, You shall immediately stop signing up, signing in, or otherwise accessing or using the Services in any manner, for example, You would have to stop uploading, posting or otherwise submitting any content to or through the Services, on any time after such alteration’s effective date. Hence, any of the posterior uses under such circumstances shall be construed as an unauthorized use of the Services, in other words, deemed strictly prohibited in accordance to these Terms.
1.7. Any objections or reservations pursuant to an alteration in accordance with this Section need to be raised within the following fifteen (15) days immediately after the alteration’s effective date at issue, and in such circumstances You shall have ceased and refrained from all further use of the Services as of the date when such objection or reservation was raised until instructed otherwise by Us.
1.8. In case that You continue or start to use again the Services on any time between the raise of the objection or reservation and receiving Our written reply thereof, You shall then be deemed to have expressly accepted and granted Your full and unreserved permission of becoming fully subject to and bound by such changes, therefore, waiving any right to enjoy or claim, judicially or otherwise, any compensation or indemnification thereof, in accordance with the above-mentioned.
1.9. In case that You continue to use in any manner the Services after raising an objection or reservation, and before receiving Our written reply, You shall then be deemed to have expressly accepted and granted Your full and unconstrained consent of becoming subject to and bound by those alterations, having waived any right to enjoy or claim, judicially or otherwise, any compensation or indemnification thereof, in accordance with that provided hereinabove.
2.1. To become one of Our members, You shall be of legal age and competence, and only in that case You will be permitted to sign up as Our member and to access and use Our Services. Moreover, if You use the Services on behalf of any third party, You are herein representing to be an authorized representative of that third party and that Your use of the Services constitutes that third-party’s acceptance of these Terms.
2.2. Upon registration, We will grant You a limited, non-exclusive, non-sublicensable, non-transferable, and revocable, right to access and use Our Services, which shall only be used for Your own and private personal benefit, thus, You shall use it exclusively in a non-commercial manner.
2.3. In order to create Your account and to enable You to use Our Services, We will need some information from You (Hereinafter, referred to as “Registration Data”). Please, note that if You don't provide all Your Registration Data accurately and truthfully, We won't be able to create Your account or We may prevent Your access to the Services. You may edit or update some of Your Registration Data at any time, either by the setting section of Your profile or by means of written request to firstname.lastname@example.org. It shall be considered as a breach of these Terms whenever You fail to keep the Registration Data updated, accurate and complete, which may lead in suspension or termination of Your access to the Services (which will be determined at Our sole discretion).
2.4. We have the right to deny Your registration at any moment and at Our sole discretion. If Your registration is denied, any and all use or access of the Services by You shall be considered unauthorized.
2.6. To create Your account, We will also request You to provide a username and password during Your registration process. When You set the password, You must make sure that is secure and unique, because it will be further required to be able to access to Your account and the Services. You are the exclusive responsible for protecting and safeguarding Your username and password from unwarranted disclosure or unauthorized use and You will be held fully liable for all activities that occur under Your username and password.
2.7. You must immediately inform Us whenever You become aware of any event of unauthorized use of Your username or password, whether suspected or material, or otherwise breach of security related to Your password or the Services. We shall not be held liable for any loss or damage resulting from Your failure to, e.g., protect and safeguard Your account from unauthorized or unwarranted access or use, or to maintain the password confidential and secure. You further agree that You shall prevent others from using Your account, therefore, any and all actions performed under Your username and password or communications that We receive from Your account, shall be deemed as have been done for You, therefore, You shall be held fully responsible for it. In no event We shall be held liable for any loss, damages, liability, expenses or attorneys’ fees that You may incur as a result of someone else using Your username or password, either with or without Your knowledge, and regardless of whether We should expect such unauthorized use. You will be held liable for losses, damages, liabilities, expenses and attorneys’ fees incurred by Us or an eventual third party due to someone else using Your account.
3.1. Intellectual Property Rights. We and Our subsidiaries own all rights, title and interest in and to the Services, as well as any to any content derived in whole or in part from material supplied by Us and Our partners, as well as other sources, including, without limitation, associated intellectual property rights, and are protected under international treaty provisions, trademarks, service marks copyright, trade secret, patent, trademark and other applicable domestic and international laws. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and that any and all intellectual property and trademark rights stemming therefrom are owned by, and any goodwill associated with the use of such shall inure to the benefit of the Company. You agree to protect the Company’s and other relevant third-parties’ proprietary rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by Us, Our suppliers and licensors of content (collectively referred to herein as “Suppliers”), or otherwise to protect theirs and Ours contractual, statutory, and common law rights in the Services. In no event shall the Services be deemed sold or assigned to You. Any and all rights not expressly granted by Us are reserved to the Company and its subsidiaries or Suppliers, as the case may be. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You agree to keep Us informed, at all times, immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including, without limitation, rights in and to all applications and registrations relating to the Services shall, as between You and Us at all times be and remain the sole and exclusive property of the Company.
3.2. We are not required to accept unsolicited feedback. Should You provide any feedback about the Services to Us, We shall own all rights in and to such feedback and any derivative technologies and compilations based on or developed through or by using such feedback. You hereby undertake to take all reasonably necessary actions to affect the Company’s rights in and to such effect hereof.
3.3. Use of Marks. You shall not use any of Our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with You or, except as otherwise provided herein, are used with Our consent, and You acknowledge that You have no ownership rights in or to any such items.
4.1. The Services will allow You to submit, post, upload, publish, link to, transmit, record, display or otherwise make available, whether publicly or privately some information and content, including, but not limited to, texts, videos (whether streamed or otherwise), photographs, recordings, reviews, messages, ideas, comments and other content (Hereinafter, referred to as “Members' Content”). We are only a passive conduit for the Members' Content. You acknowledge and agree that only You are liable and responsible for the Members' Content that is posted under Your account.
4.2. We expressly disclaim and undertake no responsibility nor liability for, any obligation to prevent or identify intellectual property right infringements or to review, assess, monitor or otherwise oversee the Members' Content submitted, uploaded, distributed or retrieved in connection with Your use of the Services for possible violations or enforcements of Your rights or third-party rights; unlawful, inappropriate or unpermitted uses; or failure to comply with any governmental laws or regulations applicable to the particular matter.
4.3. We also disclaim any guarantee as to the assurance that any Members' Content will be to Your satisfaction. You acknowledge that by using the Services You may be exposed to Members' Content of others that is offensive, indecent or objectionable, or that such Members' Content of others may contain errors or omissions. In that sense, You also acknowledge and agree that We might screen or review any Members' Content posted or published through the Services, so it's compliant with these Terms, however, from time to time, You might still find some material which may be offensive, indecent, objectionable, or content that contains possible libels, falsehoods, defamatory material, errors or omissions. We can't be deemed liable, in any way, for any Members' Content, including, but not limited to, for any libel, defamation, falsehoods, errors or omissions in any such Members' Content, or for any losses or damages of any kind incurred as a result of the use or publication of any such Members' Content posted, published, delivered or transmitted in any way through the Services.
4.4. You promise to hold Us harmless and indemnified against any damage, loss or otherwise liability arising out or in connection with the Members' Content pursuant to the foregoing (including, but not limited to, reasonable attorney's fees or the alike), and You also promise to keep Us informed, at all times, about any infringement or suspected infringement of intellectual property rights as soon as You may become aware of.
4.5. When You use any Members' Content on or by using the Services, You will be granting Us a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sublicensable, license to use and process such Members' Content, wholly or partially, provided that is strictly compliant with the applicable data protection law and pursuant to the Company’s corporate activities, including, but not limited to: (a) use, exhibit, broadcast, publish, publicly display, publicly perform, distribute, copy, store, reproduce, promote and store the Members' Content on, through, or otherwise in connection with the Services; (b) secure, encode, host, cache, route, reformat, modify, edit, adapt, translate, analyze and create algorithms and reports based on access to and use of the Members' Content; (c) create derivative works from, sell, lease, transmit, disassemble, utilize and process the Members' Content to test and advance the Company’s proprietary technologies and processes.
4.7. You represent to be solely liable for: (a) obtaining all necessary consents, permissions, licenses and waivers from copyright owners, artists, actors, directors, performers, writers, producers, or any other individuals, in connection with the Members' Content; (b) obtaining any required synchronization and master use licenses from the owners of the musical compositions and sound recordings embodied in the Members' Content, if any; (c) any payments pertaining to labor unions and guilds, to the extent required under applicable law or collective bargaining agreements or otherwise, as the case may be, in connection with posting and publicizing the Members' Content; (d) obtaining public performance licenses from public performance rights collection organizations, if applicable; (e) complying with all laws, rules and applicable regulations; (f) any Prohibited Content; and (g) abiding by all the Terms hereof.
4.8. In no event nothing under these Terms shall be construed as to grant You a license or right to use any Members' Content accessed via the Services, without the prior written consent of the owner of that Members' Content. Any and all rights not explicitly granted herein are reserved to its owner or holder of legal title. We may not be deemed liable for the: (a) selection, acquisition, distribution and licensing of Members' Content; or (b) acquisition and payment of any third-party licenses, rights clearances or other permissions needed from unions, guilds or other entities to use Members' Content in the manner authorized by You. You are solely liable for keeping copies of Your Members' Content and shall take precautionary measures to backup and protect it. We have no obligation to provide You, or otherwise any third party, with backup or archival copies of any Members' Content posted on or through the Services.
4.9. You acknowledge that the rights of access to the Members' Content of others, granted You on or through the Services, are strictly limited to the terms of those rights that You shall have obtained in connection with the receipt of the Members' Content itself. Except if explicitly permitted, You shall not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Members' Content to which You have gained access through the Services, including, but not limited to, by incorporating data and or Members' Content from the Services into any e-mail, search, catalogue, directory, or other “white pages” products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. Furthermore, You agree and acknowledge that engaging in any of the above-mentioned conducts may be construed a crime, and other form of unlawful behavior for which You may be held criminally and civilly liable.
4.10. You also represent to own or control all rights of any Members' Content that You post on or through the Services. You agree that You will indemnify, defend, and hold Us harmless for all claims resulting from the Members' Content that You post (including, but not limited to, reasonable attorney's fees or the alike). We reserve the right, at Our own expense, to assume the exclusive defense and control of such disputes and, in any event, You will cooperate with Us in asserting any available defenses.
4.11. Moreover, You acknowledge and agree that We and Our designees have no obligation to, however We reserve the right to, at Our discretion, pre-screen any Members' Content, in whole or partially, before or through it is finally posted to the Services. We further reserve the right, undertaking however no obligation to, at Our sole discretion, reject, move, edit or remove any Members' Content that is posted to the Services. Without limiting the foregoing, We and Our designees shall have the right to remove any Members' Content that violates these Terms or is, at Our sole discretion, otherwise objectionable. You acknowledge and agree that We do not verify, adopt, ratify, or sanction Members' Content, and that it is solely Your duty to evaluate and bear all risks associated with Your use of, including, but not limited to, your reliance on the accuracy, completeness, or usefulness of, the Members' Content. You also acknowledge that We are, and that You engage Us herein as, providers of an interactive computing service. We expressly reserve the rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Services. Furthermore, You acknowledge and agree that, should the Services provide You an opportunity to interact with a third-party’s service, e.g., Facebook, Twitter etc. You shall abide by that third-party’s terms of service and policies, and We encourage You to review such terms of service.
5.1. By using the Services You may be exposed to, interact or otherwise be provided with (i) information and content provided by third parties; (ii) links to third-party websites or resources, such as sellers of goods and services; and (iii) third-party products and services for sale directly to You (Hereinafter, collectively referred to as “Partners Content”). Under any such circumstances, such Partners Content may contain affiliate marketing links, encoded by third-party partners, through which We may earn a monetary commission for actions executed by You, i.e. clicking on or making final purchases via that Partners Content. You further acknowledge and consign to have such Partners Contents utilizing cookies for the purpose of assessing your use of the Services.
5.2. Notwithstanding, We are not responsible for the availability of such Partners Content and We do not endorse nor may We be deemed liable or undertake any responsibility for (i) any content, advertising, products, or other materials on or available from Partners Content, (ii) any errors or omissions in Partners Contents, or (iii) any information handling practices or other business practices of the operators of Partners Contents. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Partners Content. Your interactions with Partners Content will be governed by the relevant third-parties’ own terms of service and privacy policies.
6.1. Your License. Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-sublicensable, non-transferable, and revocable, right to access and use the Services for Your own personal benefit, provided that in a strictly non-commercial manner.
6.1.1. You acknowledge and understand that You may not use the Services in connection with any business, media purposes, or otherwise commercial endeavors (Hereinafter, referred to as “Commercial Use” or use by “Commercial Users”, as applicable), under penalty of immediate termination and further legal actions.
6.1.2. For the avoidance of doubt, any use of the Services other than personal and consistent with these Terms, including the use by Our competitors and the media, shall be construed as Commercial Use by Commercial Users, deemed unauthorized.
6.2. Prohibited Content. You hereby undertake to refrain from using the Services to upload, download, post, e-mail, transmit, transfer, distribute, display or link to, any Members' Content that:
(a) May reasonably be construed as violent, vulgar, obscene, pornographic, hateful or racially, sexually, ethnically or otherwise objectionable by, or as intended to harass, abuse, or threaten any, person;
(b) May degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexuality, disability or on other likewise morally and ethically reprehensible discrimination criteria;
(c) Is unlawful, harmful, tortious, defamatory, libelous, or invasive to or of other’s privacy or publicity rights;
(d) Exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way;
(e) Contains advertising, offers for sale, or sells any item, whether prohibited or not from advertising or selling by any applicable local, state, national, or international law, specially firearms, explosives, or weapons, alcoholic beverages, tobacco products for human consumption including, without limitation, cigarettes and cigars, items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, any controlled substances or pharmaceuticals, any dangerous items, any items that violate or infringe the rights of other user or otherwise third parties, any items that you do not have the legal right to sell, and any items that, on doing so through the Services, would cause Us to violate any law;
(f) Advocates or promotes illegal activity, discusses any illegal activity, irrespective of intent, or that provides instructions for an illegal activity (in whichever case, as determined by Us, at Our sole discretion);
(g) Contains any malicious or invasive software, device, instructions, computer code, files, programs or other content or feature, including, without limitation, any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any form of malicious code designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment, or that could otherwise diminish the quality of, interfere with the performance of, or impair the functionality of, the Services;
(h) Could disable, overburden, or impair the proper working of the Services;
(i) Impedes or otherwise prohibits communication or disrupts user discussion;
(j) Infringes, or otherwise may contribute to inducing or facilitating the infringement of, third-parties’ intellectual property rights;
(k) Contains any trade secrets or other confidential or proprietary information, or any material that You do not have a right to make available under any law or under contractual or fiduciary relationships, including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
(l) Falsely states or otherwise misrepresents Your affiliation with a person or entity, or facilitates or enables You to impersonate any person or entity in a manner that does not constitute parody;
(m) May, directly or indirectly, be used as or for “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”);
(n) Is in any way related to any raffle, sweepstakes, contest or game requiring a fee by participants;
(o) Violates the law or encourages conduct that would constitute a criminal offense or give rise to civil liability;
(p) Violates, or otherwise facilitates violation of, these Terms or any guidelines or Policies posted by Us;
(q) Interferes with the use and enjoyment of the Services by any other person;
(r) Pornography, incest, bestiality, rape (or any non-consensual sexual behaviour), non-consensual mutilation or body part which is related to children, etc...
6.3. Prohibited Activities. The Services may not be used to, whether intentionally or unintentionally, violate any applicable local, state, national or international law, including, without limitation, any rules of any governmental authority or agency and their regulations with force of law. Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Such prohibited uses include, without limitation, the non-exhaustive list of activities hereunder, according to which You may not:
(a) Sell, rent, lease, sublicense or otherwise transfer or distribute the Services to third parties;
(b) Modify, translate, reverse engineer, decompile, or disassemble the Services or alter any accompanying documentation;
(c) Create derivative works based upon the Services;
(d) Attempt to or otherwise gain unauthorized access to others’ accounts;
(e) Commercially use the Services, including, without limitation, for benchmarking or to compile information for a product or service;
(f) Collect or store personally identifiable information about other user or otherwise third parties for unwarranted or unlawful purposes;
(g) Partake in any activities that constitute or aid in software piracy, including, but not limited to, making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Members' Content;
(h) Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with our prior written consent;
(i) Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the user-available portions of the Services through a browser or accessing the Services through any approved API;
(j) Violate the restrictions in any robot exclusion protocol of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
(k) Interfere with or disrupt, or attempt to interfere with or disrupt, the Services or Our servers and networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(l) Use third-party’s intellectual property, to which You do not hold legal title or right;
(m) Alter, destroy or otherwise remove any copyright, trademark or other proprietary notices, images or logos displayed, provided on or embedded within the Services;
(n) Through misrepresentation or otherwise, solicit personal or sensitive information from other users, including, without limitation, address, credit card or financial account information, or passwords;
(o) Impersonate any person or entity, including, but not limited to, the Company, its officials or employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or make false or misleading indications of origin or fact, employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the Services;
(p) Frame, inline link, or similarly display the Services or any portion of the Services;
(q) Restrict, inhibit, or otherwise interfere with, the use and enjoyment of the Services by any other person;
(r) Pornography, incest, bestiality, rape (or any non-consensual sexual behaviour), non-consensual mutilation or body part which is related to children, etc....
6.4. We reserve the right, at Our sole and absolute discretion, to remove any Members' Content, block access to the Services, and cancel the account of any user deemed in violation of the foregoing.
7.1. You must be compliant with the guidelines listed in this Section, which may be occasionally updated by Us, and in the event that You are found in breach of any of such guidelines, We may immediately terminate or suspend Your use and access of the Services without need to give You prior notice. However, if We consider that it is a minor breach, We shall notify You about it and grant You a period of twelve (12) hours to rectify such breach.
7.3. Except if otherwise provided in these Terms, it shall be considered strictly prohibited any of the Members' Content that is posted by You and that relates to, including, but not limited to, the following products or businesses: The sale of any unlicensed good or service that “purports to test, cure, treat or prevent” COVID-19; Dating ads which are not found in More Girls, Pops, Full page, Redirect zones and e-mail; Counterfeit goods; Sexy games which use non-consensual ads; Gambling (This does not apply provided that You have an official license in the country You are advertising for. Links and countries You want to advertise for should be pre-approved by Us and provided also that no smart links are used.); Violent sexy games; E-Cigarettes, vape pens and cartridge refills; Extreme hardcore video content ads and offers; Child pornography, incest, bestiality, rape and non-consensual mutilation, etc.; Nutra products (this does not apply provided that all the campaign banners and links are pre-approved by Us and provided also that no smart links are used); Government-issued licenses and/or e-books on how to obtain such licenses; Cannabidiol; Black boxes; Digital game accounts, gaming keys, in-game currency and/or progression; Celebrity video content ads and offers; Teen video content ads and offers where the videos/ads show teens who might appear younger than eighteen (18) years of age; Explicit nudity adverts (this includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative).
8.1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on or through the Services.
8.2. To the extent that You make a purchase of products offered by Us through the Services, such purchase will be subject to separate terms of sale presented on the website or online service where the purchase is made.
8.3. Generally. We may offer products and services for purchase through Our Website (Hereinafter, referred to as “Purchase”). You may choose to pay for those services and products with Your credit card or debit card (Hereinafter, referred to as “Payment Method”), which will be processed by a third-party processor. Once You have made a Purchase, You authorise Us to charge You through Your chosen Payment Method. If We are not able to charge You through Your chosen Payment Method, You agree to promptly pay all due amounts upon demand by Us. If the recurring payment is declined, we reserve the right to charge You a convenience fee up to 5$.
8.4. Cancelling Subscriptions. You may cancel Your subscriptions via the settings option under Your profile or by contacting Our Customer Support Service via email@example.com.
8.5. Refunds. All charges for purchases are non-refundable, and there are no refunds for partially used periods. Any eventual refund will be made at Our discretion only or if We are obliged to do so by the applicable laws.
YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU AS THEY ARE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY LACK OF FUNCTIONALITY, LACK OF ACCESS OR POOR CONDITIONS OF USE OF THE SERVICES ATTRIBUTABLE TO UNSUITABLE EQUIPMENT, TO THE INTERNAL FUNCTIONALITY FAILURES OF YOUR INTERNET SERVICE PROVIDER, THE OVERLOADING OF THE INTERNET NETWORK AND ALL OTHER REASONS CONSTITUTING A FORCE MAJEURE EVENT.
ALSO, YOU ACKNOWLEDGE THAT DUE TO THE NATURE AND LIMITATIONS OF THE INTERNET, WE CANNOT WARRANT THAT ANY CONNECTION TO THE INTERNET WILL BE COMPLETELY SECURE. WE CANNOT EITHER WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES IF YOUR INTERNET SERVICE PROVIDER FAILS TO PROVIDE AN ADEQUATE LEVEL OF SERVICE.
YOU WARRANT THAT THE MEMBERS' CONTENT THAT YOU POST THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION TO, TEXT, VIDEOS, PHOTOGRAPHS, RECORDINGS, REVIEWS, MESSAGES, IDEAS, COMMENTS AND OTHER CONTENT, MUST BE REAL AND ACCURATE. WE CANNOT BE HELD LIABLE FOR THE ACCURACY OR OTHERWISE OF THE MEMBERS' CONTENT PROVIDED BY YOU, NOR THE CONSEQUENCES THAT MAY DERIVE FROM THE USE OF THIS MEMBERS' CONTENT. YOU HEREBY WAIVE YOUR RIGHT TO MAKE ANY CLAIM AGAINST US ON THE BASIS OF A POSSIBLE INFRINGEMENT ARISING FROM THE DISTRIBUTION OR DISSEMINATION OF MEMBERS' CONTENT THAT CONCERNS YOU PERSONALLY.
WE SHALL NOT BE HELD LIABLE FOR ANY MEMBERS' CONTENT DISSEMINATED BY ANOTHER MEMBER THAT MAY POTENTIALLY INFRINGE ON YOUR RIGHTS, AND FOR WHICH WE DEMONSTRATE THAT WE DID NOT HAVE ACTUAL AND PRIOR KNOWLEDGE OF SUCH MEMBERS' CONTENT BEFORE IT BEING DISSEMINATED AND/OR DID NOT BREACH OUR CONTRACTUAL OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
YOU ACKNOWLEDGE THAT THE DATA YOU PROVIDE THROUGH THE SERVICES, AS WELL AS YOUR BEHAVIOUR OR COMMENTS MADE THROUGH THE SERVICES, MAY BE REPORTED BY OTHER MEMBERS AND MAY BE SUBJECT TO ACTS OF MODERATION AND/OR CONTROL BY US ON THE BASIS OF OBJECTIVE ASSESSMENT CRITERIA. IF IT IS SHOWN THAT YOU ARE IN VIOLATION OF ANY APPLICABLE LAWS OR YOUR CONTRACTUAL OBLIGATIONS EMANATING FROM THESE TERMS AND CONDITIONS, WE MAY TERMINATE YOUR ACCOUNT PURSUANT TO WHAT'S PROVIDED IN THESE TERMS.
IF THE APPLICABLE LAW DOESN'T PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW.
10.1. From time to time, while You use Our Services, You may interact with automated online accounts and/or false profiles, which all its content has been generated by either: a) real persons that have been only contracted or employed by Us for the purposes set-forth below; or/and b) by automated programs or scripts, which dialogues none really exist and have been generated exclusively by programming (Hereinafter, collectively referred to as "Automated Profiles").
10.2. The purpose of the implementation of Automated Profiles in Our Website is to enhance Your amusement experience and providing You with entertaining and conversational services, so You can be stimulated to use Our Services more extensively, for example, by helping You to intercommunicate better with other users which are actually real.
10.3. Please, note that any of the interactions made by Automated Profiles are the result of, in any manner, a natural person’s profile. These communications and contents may seem authentic, however, they shall be considered false.
10.4. According to the Bolstering Online Transparency Act or any other equivalent regulation that may be applicable, We have added the tag with the nickname "Cyber Babe" to all the Automated Profiles that are being used in Our Website, so You can clearly identify them. Such tag will always be displayed on the top bottom right of the user’s identification information.
11.1. You promise to indemnify, defend, keep and hold Us, Our officers, directors, employees, members, shareholders, representatives, successors and assignees (Hereinafter, referred to as "Relative Parties"), harmless and indemnified from and against any claim, lawsuit or demand, to the fullest extent permitted or required by law, including, but not limited to, without limitation, judgements, fines, penalties, settlements, reasonable attorneys’ fees, litigation expenses, burden of loss, and any payments made by any third party in connection with or arising out of Your use of the Services, Your relation with the Services, Your violation of these Terms, Your breach of any applicable law, including, without limitation, any claims, lawsuits or proceedings for libel, slander, copyright and trademark violation, Your submission, posting, or transmission of Members' Content, and Your violation of any rights of third parties. We reserve the right, at Our own expense, to assume the exclusive defense and control of such disputes and, in any event, You agree to cooperate with Us in asserting any available defenses.
11.2. In no event We or Our Relative Parties shall be considered liable for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, or any loss of data, use, goodwill, or other intangible losses, arising out of: a) non-authorized access, use, or alteration of Your content, even if the Company has been advised of the possibility of such damages; b) Your access to or use of or inability to access or use the Services; c) the conduct or content of other users or third parties.
11.3. Without limiting the foregoing, Your sole remedy and the Company’s total aggregate liability relating to, arising out of, in connection with, or incidental to the Services or these Terms, no matter the cause or reason, shall be restricted to the actual direct damages incurred by You, up to the greater of the following amounts: (i) the one directly paid by You to the Company for the use of the Services, or; (ii) the one corresponding to the Company’s net revenue accrued directly in connection with Your use of the Services through the month immediately preceding the indemnification event. The referred limitation shall also apply on all actions or claims, in aggregate, irrespective of cause of action. The provided herein shall not be construed or operate as a waiver of, or otherwise limit, the Company’s ability to obtain injunctive or other equitable relief for the infringement of these Terms.
12.1. You agree to indemnify, defend, keep and hold the Company, its officers, directors, employees, members, shareholders, and representatives (and all successors and assigns of any of the foregoing), harmless and indemnified from and against any claim or demand, including without limitation, reasonable attorneys’ fees, litigation expenses, burden of loss, and any disbursements made by any third party in connection with or arising out of your use of the Services, your connection to the Services, your violation of these Terms or the Policies, your violation of any applicable law including, without limitation, any claims, lawsuits or proceeding for libel, slander, copyright, and trademark violation, your submission, posting, or transmission of Members' Content to the Services, and your violation of any rights of other persons. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes and, in any event, You undertake to cooperate with Us in asserting any available defenses.
13.1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. 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 or as the result of the presence of such advertisers on or through the Services.
14.1. Free Membership. When You create Your account You will become a member of the Website free of charge, and this type of membership will only give You the right to participate in some of the features available through this Website (Hereinafter, referred to as “Free Membership”).
14.2. Paid Membership. In order to access to additional features You may upgrade and add additional features to Your Free Membership account, which will require You to make some payments (Hereinafter, referred to as “Paid Membership”). Your use of those upgradings and additional features will be conditioned to the payment of the fees established for it (Hereinafter, referred to as “Fees”). Such Fees may be subject to changes, updates or amendments. We will notice You before You start using any Paid Membership, indicating in that case which Fees will be applicable and the amount that will be charged. We will charge You through the payment method that You have chosen (such as credit card or debit card) for any Paid Membership. You have the right to choose the duration for which You wish to subscribe to the Paid Membership (only among the options available on the Website). You acknowledge that there may exist discrepancies between jurisdictions in relation to the Fees, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction. The subscription period paid by You shall be automatically extended for the same period as the original subscription, unless if cancelled before by You through Your profile settings. You have the right to pause the auto-renewal accordingly with what's provided in these Terms. If You have not paused it, the subscription will be auto-renewed for the periods specified. You hereby give Us permission to charge You through Your chosen payment method those Fees on a recurring basis (within a reasonable time of period). By contrast, if You terminate the auto-renewal, We will stop charging You with the corresponding Fees. Any termination shall not affect the charges made before that We could reasonably act. In any case, You shall provide current, complete and accurate information to enable the Fees to be charged correctly, and such information shall be updated regularly. If We have any kind of suspicion about Your payment activity, We reserve Our right to temporarily or permanently suspend any of Your payments, and/or contact You, Your banking entity or any other relevant third party to report such unusual activity and/or obtain additional information. If We offer any free trial or other promotion of any Services, the Services are meant to be used only during the specified time of the trial. After that, the corresponding Fees will be charged to You, according to the Terms that may be provided in the corresponding promotion.
14.3. You will be able to cancel Your subscriptions via the settings option under Your profile or by contacting Us through Our Contact section found on Our Website, or by sending an email to firstname.lastname@example.org.
15.1. You will be bound by these Terms from the moment of Your registration, and You will continue to be as long as You continue accessing and using the Services in good terms.
15.2. You are entitled to end any of Your memberships at any time, either by requesting so through the settings section of Your account or by sending an email to email@example.com. This request will be deemed made on the following working day from its receipt and You will be informed by email about the termination of Your membership.
15.3. You are also entitled to terminate the automatic renewal of Your Paid Membership 24 hours after purchase and at least 48 hours before Your Paid Membership is due to renew again, either by sending an email to firstname.lastname@example.org or by clicking on the cancellation button found in the settings section of Your account. In such case, the termination will have effect on the expiry date of the Paid Membership. Termination of the Paid Membership will be confirmed to You by email. You will no longer have access to the paid Services from the date Your Paid Membership expires.
15.4. We will be entitled to immediately terminate or suspend Your access to the Services in the following instances:
a) for any conduct that We may reasonably deem to be directly or indirectly harmful to others;
b) if there is any interference with the proper functionality of the Services, in whole or in part;
c) if You fail to comply with any provision under these Terms or the Policies;
d) if there is any conduct that violates any local, state, federal, or foreign laws or regulations;
e) if any conduct that We may reasonably consider to be in violation of the rights of a third party, such as copyright, trademark and rights of privacy and publicity or a violation under the Legal Guidelines Section hereto.
15.5. Notwithstanding the foregoing, any of the above and unless explicitly stated, all covenants, agreements, representations, warranties and undertakings that are reasonably required, shall survive the termination of Your access to the Services, however so arising, until its complete or otherwise sufficient fulfilment, or upon due and lawful release of such.
16.1. These Terms are governed by and interpreted in accordance with the laws of Cyprus, without regard to its conflict-of-law provisions. The parties hereby agree to subject any action seeking legal or equitable relief arising out of or relating to these Terms to be brought and finally resolved only in the competent courts of Cyprus.
16.2. PLEASE READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is meant to be interpreted generally and governs, other than the litigation of certain intellectual property and small court claims as provided hereinbelow, any and all disputes, controversies and claims between You and Us, including, but not limited to, claims arising out of or relating to any aspect of the relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement, including, but not limited to, claims related to advertising; and claims that may arise after the termination of these Terms. You agree that You may bring claims against Us only in Your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Despite the parties’ decision to subject all disputes to the competent courts of the jurisdiction of Cyprus, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in the courts of the applicable jurisdiction or where is set forth by the applicable laws to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. The provisions regarding this Class Action Waiver shall survive after the termination o expiration of these Terms.
17.1. Any notice, request, demand or other communication to be sent by Us to You may be done so by means of e-mail (at the last e-mail address notified by You to Us), or by posting a notice through the Services or on the Website, and shall be deemed duly served upon dispatch.
17.2. All notices, requests, demands and other communications that You may send to Us under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, telecopied (with confirmation), mailed by registered or certified mail (return receipt requested) or delivered by an express courier (with confirmation) at the following addresses:
6 Elpidas, Lakatamia, 2304, Nicosia, Cyprus
18.1. Force Majeure. We shall not be held liable for failure to perform, or delay in performing, any of the obligations established under these Terms, to the extent that such failure or delay is due to an event of force majeure - namely an event arising from cause or causes beyond Our reasonable control, which by its nature could not have been foreseen or if it could have been foreseen, was unavoidable including, but not limited to, earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, including internet access, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree.
18.2. Forbearance. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereof.
18.3. Severability. If any provision under these Terms is held unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under any circumstances.
18.4. Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. You may not transfer or assign these Terms or any rights or obligations hereto, whether directly or indirectly, by operation of law or otherwise, without the Company’s prior written consent. We reserve the right to unrestrictedly assign, sublicense, delegate or otherwise transfer any of the rights or obligations under these Terms, whether in whole or in part, to any third party, regardless of Your prior written consent.
18.5. Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between You and the Company with respect to the subject matter hereof and supersede any prior agreements between You and the Company with respect to that subject matter. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between You and the Company in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. Unless the express context otherwise requires (i) the words “hereof”, “herein” and “hereunder” and words of similar import, when used in these Terms, shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (ii) The terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; (iii) References herein to a specific Section, Subsection, Annex, Schedule or Exhibit shall refer, respectively, to Sections, Subsections, Annexes, Schedules and Exhibits of this Agreement; (iv) Wherever the word “include”, “includes” or “including” is used in these Terms, it shall be deemed to be followed by the words “without limitation”; (v) Wherever the word “promptly” or “as promptly as practicable” is used in these Terms, it shall mean without undue delay; (vi) References herein to any gender include each other gender; and (vii) Heading references in this Agreement and the table of contents are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
Last Update: 2022-09-27 09:47:57.