PLEASE TAKE A NOTE THAT ACCORDING TO FURTHER DESCRIBED TERMS, WE STILL POSESS THE RIGHT TO SHARE REVENUE WITH OUR SUPPLIERS. BY USING OUR WEBSITE, YOU AGREE TO THE RESULTING INCREASED RISKS.
Please read our Risks Notice for further details.
1. ACCEPTANCE OF THIS AGREEMENT BY YOU
1.1. This Agreement is a binding treaty between you and the Company. By obtaining access or beginning to use the Website or any Service, you automatically accept this Agreement. In this case, you agree to all the terms, conditions, and all included here notices. Do not access or use the Website or Services if you do not accept this Agreement. This agreement should be applied to all users of the herein-mentioned services ("Users"), including, without any limitation, customers, users who just browsers, and/or contributors of content.
1.2. All the information transmitted through the Website is considered electronic communication. By communicating with us using the website or other forms of computerized interactions, for example, e-mail, you are communicating with the Company using electronic communications. You agree that the Company may use electronic communications to correspond with you and those \other communications, such as agreements, notices, disclosures that we send to you electronically, are equal to communications in writing and have the same power and effects as if they were in written form with signatures from party who sent the communication.
1.3. You also understand and agree that by clicking or tapping on a button named “SUBMIT,” “I AGREE,” “I ACCEPT,” or by following similar links or buttons, you submit a legally binding electronic signature and conclude a legally binding contract. You fully recognize that your electronic submissions constitute your consent and intention to have obligations under this agreement. Moreover, thus, you relinquish any rights or obligations under any laws, statutes, rules, ordinances, directives or other regulations, in any jurisdiction that may require an original signature, delivering or keeping any non-electronic records, or to payments, or the credits granting by other than electronic means.
1.4 We retain the right, at our own discretion to make any changes to the Agreement from time to time, and at any given moment and without advance notice by (i) publishing the changed Agreement (or parts of it) on the Website; or (ii) in some other way notice you of the changes. The changes take effect as soon as they were posted by us or as soon as we sent you a notification, whichever is the earlier (unless we explicitly suggest otherwise). It is up to you to check our Service and your email account regularly for changes to the Terms and other parts of this Agreement. By continuing using or accessing our Service after the effective date of any changes to the Agreement, you constitute that you accept all the changes.
1.5. Hereby you give us your acquiescence with the fact that we may assign, give or transfer all our rights and responsibilities according to this Agreement, to any other person, by novation or in any other form. Besides, you agree that by posting a version of the Agreement that indicates some other person as a party to this Agreement on the Website, we sufficiently notice you about the transfer of our rights and obligations under the Agreement with you to that party (unless we explicitly indicate otherwise).
1.7. You recognize and accept that some users of this Website may belong to an online community that consists of other websites controlled by the Company or its associates (“Affiliate Websites”). Hence, by your consent, you give us the right to use your Website profile data for filling the registration information on the Affiliate Websites.
2.1. There is no part of the Service that is designed for users who are under the age of 18 years old or below the age of majority in your province or state, whichever is greater. IN CASE IF YOU ARE YOUNGER THAN 18 YEARS OLD OR YOUNGER THAN THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE, YOU MUST NOT TRY TO USE OR ACCESS THE WEBSITE OR SERVICE IN ANY MOMENT OR IN ANY WAY. By using the Website and Service, you guarantee that you are older than 18 years old or older than the age of majority in your province or state, whichever is greater. You don't have the right to use this Website or other Services if you are younger than 18 years old or younger than the age of majority in your province or state.
2.2. You don't have the right to be a member of the Service in places where it is forbidden by the law. When you use this service, you guarantee and assure us that you have the authority and right to conclude the Agreement and that you have an ability, capacity, and wish to comply with all terms and conditions of this Agreement. By becoming a Member, you guarantee and assure us that you have never or been convicted of a felony and that you have never been listed in lists of sexual offenders with any government entity. Your membership immediately terminates in case if your guarantees and assurances prove to be deceptive and false (without affecting the generality of other terms of this Agreement). The Company keeps the right to institute legal proceedings against you to defend its rights and to refuse to make any refund of no matter used or unused funds in your account.
3. REGISTRATION. MEMBERSHIP AND PRICING
3.1. User Accounts. Membership in the Service is free of charge. You become a "Member" of the Service as soon as you finish the registration and create a profile.
3.2. You must create an account to become a Member. To create an account, you need to give your correct email address, real name, secure password, and/or additional information according to what is required by the form of registration or required by relevant law. Members who refer to us via the help our local service providers can be registered in the Service only by those local service providers, why can give us Members' registration information on behalf of the Members (please examine Section 12 ("Suppliers. Admitted Members") below to learn more). You may also be allowed to get registered via your social network accounts. During your registration, it is forbidden to use or select as your name: (i) a someone else's name with the intention to imitate this person; (ii) names that are subjected to any rights of a person other than you, if you don't have proper permission; or (iii) a name that may be considered hateful, indecent, or offensive. You guarantee that during the registration, you provided us with real, correct, and complete information. You also guarantee that you will make sure that this information always remains accurate and up-to-date. We retain the right to create test profiles to run some tests and ensure our ability to monitor the performance of the Website.
3.3. You may have access to some special elements and components of the Service only through the paying Membership ("Premium Services"). Members, in order to use the Premium Services, should pay for them via our virtual currency called "Credits." To acquire a license that will allow you to use Credits, you need to pay a fee using real money. Without our written approval, you can't redeem our Credits for the real currency or other objects of financial value from outside of the Service. Note, credits have no real currency value. For convenience purposes, we may use terms such as "purchase," "buy," or "sell" towards our Credits," under no circumstances those terms mean that Credits are real money or have any financial value. You recognize that Credits are not real money, and they don't represent any real currency, and redeeming them for any real currency from us is not possible. You can purchase Credits in our services according to limited, revocable, personal, non-sublicensable, non-exclusive, non-transferable licenses, and can be used only within our Service. Our Credits cannot be assigned or sold in any manner, including, without restrictions, through any sale methods or auction services. You do not have any property interests, rights, titles or licenses, to any credits that appear or originate in the Service or any other attributes connected with the use of the service. In 365 days after the date of the purchase, your unused Credits will expire.
3.4. You can have access to your credits trough the "Buy/Add Credit" section of your profile. You can find out what is the respective Credits fee on the check-out page. We can assign Credits to your account only after the purchase.
3.5. Premium Services are significantly improved functions that you can use to communicate on the Website via the help of the latest technologies. We provide and chare our Premium Services both on a "per minute" or "per-event" basis.
i. We provide and charge per-event Premium Services only once you use them, notwithstanding the session time;
- Send a letter (other members receive letters from you on their internal inbox on our Website);
- Video presentation (a small video a presentation of other Member);
- Request for contact information.
You will have the right to send a request to any Admitted member for his or her personal information, only under the following conditions you have sent him or her more than 15 letters, or you have spent more than 180 minutes in our Text chat chatting with one another. To fulfill your request to get information about the Admitted Member, we will send you his or her name, surname, contact phone number, and address of residence. The request must be approved by the Admitted Member. You will receive some Credits refund to your Credit balance in case if your request is rejected. The request must be approved by the Admitted Member.
Gifts delivery (you make a purchase and order a delivery of various goods via the Website if you want to give a gift to Admitted Member) - on the Website, you can see the price in Credits for every particular gift.
At the moment, you are allowed to order the delivery of the gifts only to Admitted Members.
ii. We provide our per-minute Premium Services in sessions and charge per-minute of use. Each service session duration will be rounded up to the full minute, starting from the first second. For example, if your session has lasted for 1 minute and 30 seconds, you will be required to pay for 2 full minutes of use. Our Service allows you to have any desired amount of sessions at the same time, in every combination, and with several Members. E.g., you can start a video chat with any desired amount of Members, and at the same time, you can have text chats with other ones. Every single per-minute Premium Service is charged independently according to the abovementioned rules. List of our Per-minute Premium Services:
- Text chat (you send and receive messages from the chosen Member via built in the System messenger);
- Webcam chat (another Member of the Service will stream video from his or her webcam to you);
- Webcam Broadcast (you will be able to stream video from your webcam to another Member);
3.6. Account Inactivity and Termination of Account. In case if you have not been active in your account or haven accessed the Service for more than 6 months, your account may be automatically deleted, and all Credits will be recalled according to our sole discretion. Also, if your profile or the access to the Service will be canceled, according to any other reasons except for inactivity (for example, violation of the Agreement), or the availability of some parts of the System will be discontinued, all your Credits may be lost, except for cases when otherwise is expressly provided in our Refund Policy.
3.7. You can retrieve Credits according to the rules that are expressly provided by this Agreement and on our Website. In our sole discretion, we will define and inform you about the possibilities and exchange rates for any Credits. We also retain the right to adjust the exchange rate at any time. All Credit redemptions are covered by this agreement and by all limitations and requirements that you can find on our Website. ll purchases and redemptions of Credits are final. Credits will be deducted from your account the moment they are spent. Please, read Section 19 (Refunds) of this Agreement to learn more).
4. TERM AND TERMINATION
This Agreement will come into power and force beginning from the moment when you access the Service, it will remain such, while you keep using the Service. At any time, and for whatever reasons, you can contact our Support Team online at email to cancel your membership (read Section 3 for additional details). We also retain the right to cancel your Membership and delete your account from our Services at any moment, at our sole discretion, without noticing you or providing a reason for such actions. Please reed section 19 (Refunds) to know more about the following refunds in such a situation. We are not obligated and may have no legal right to reveal the reason or reasons for the ban or removal of your account. Every term that according to its nature, stays in power after the termination of the Agreement must be considered in power without any other limitations except for mentioned in Sections 7-9, 16-18, and 20-28. We retain our right to take any legal actions in our sole discretion in case of need, or potential or real loss of other Members or third parties, due to the violation of this agreement from your side.
5. NON-COMMERCIAL USE
The Service and the Website were made only for personal use, and they must not be used in or by any kind of business enterprise. Private or governmental companies, organizations, and businesses must not use the service for whatever reasons. You are not allowed to use any data that you manage to obtain from using the Services, to search for customers, sell, contact, or advertise anything to any user without his or her explicit permission. You understand and agree that by breaching the terms of this agreement, sending or posting unrequested, undesired email letters, "spam," and communicating in other possible offensive ways, you substantially harm us.
6. ACCOUNT SECURITY
You are obliged to maintain the secrecy of your registration information and passwords that you used during the registration on the Website and in the System. You are responsible for every activity that occurs in your profile under your login credentials and password. You consent to (a) without delay inform us that there was an unauthorized use of your login credentials and password, or that some breach of security occurred (b) to make sure that you always fully exit from your account after your every session. We are not responsible for any losses or possible damage resulting in your inability to follow these requirements. You must be very cautious when you decide to access your account from a public place or shared device and shall make sure that other people won't be able to see your password and login credentials. You take full responsibility for not violating any local restrictions, and rules that govern the usage of any public or shared devices, we are not responsible for any violations of any rules and laws made by you while using our Website or Services. By utilizing our Services, you confirm that you recognize and accept that there are no completely secure, safe, and private Internet connections. You acknowledge that any text, voice, or video message that you may send to your partner may be intercepted by third parties, notwithstanding any notices that indicate complete security and encryption of those transmissions. We don't have any responsibility for possible losses and harm that may be caused by unauthorized use of your account data. You don't have the right to give the authorization to other people to use your account and membership, and you must not transfer or sell your account to other persons.
7. INTERACTIONS WITH OTHER MEMBERS
7.1. YOU ARE COMPLETELY RESPONSIBLE FOR YOUR INTERCOMMUNICATIONS WITH OTHER MEMBERS. YOU ACKNOWLEDGE THAT AT THE MOMENT WE ARE NOT CAPABLE OF CONDUCTING CRIMINAL HISTORY CHECKS OR SCHORINGS ON ALL OUR MEMBERS. WE DO NOT GIVE ANY GUARANTEES THAT ANY CURRENTLY ACTIVE OR FUTURE MEMBERS OF THE SYSTEM WILL BE COMPATIBLE WITH YOU OR ONE ANOTHER. WE DO NOT MAKE ANY STATEMENTS AND DO NOT WARRANTY OR GUARANTY OUR ABILITY TO SECURE ANY DOCUMENTATION, INCLUDING INTERNATION TRAVEL DOCUMENTATION FOR OUR MEMBER. WE RETAIN THE RIGHT TO CARRY OUTH CHEKS FOR A CRIMINAL PAST AND OTHER SCREENINGS (FOR EXAMPLE, SEX OFFENDER LISTS CHECK), AT ANY TIME AND VIA THE HELP OF OPEN PUBLIC RECORDS, AND YOU AGREE TO SUCH SEARCHES AND ADDITIONAL SCREENINGS.
7.2. You must remain cautious and apply common sense during your usage of the Service or the Website, specifically when you provide some private data to other Members. The Service is an internet service that works with information and was created to facilitate, and promote establishing contacts between its members, who, may or may not seek relationship or friendship. The Company doesn't make any and expressly revokes all statements or warranties as to the behavior of its Members. We do not accept liability for any conflicts and argues that may appear between you and other Members during your usage of the Service. This also covers disagreements between Members. You understand all risks concerning your interactions with other Members of the Service, or third parties, including without any restriction the chance that some information given or posted by a Member during your interactions on the Website via the help from Service may be deceptive or inaccurate. You acknowledge and agree that resolving the disputes with the third parties and other members is completely on you. You release the company of all damages, claims, and demands that may appear during arguments between third parties and Members of the Service. You also give us your consent to resolve those disputes by yourself without involving us in them.
TO THE GREATEST EXTENT AUTHORIZED BY LEGAL ACTS AND THE LAW, IN NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, ASSOCIATES, PARTNERS, AND LICENSORS (COLLECTIVELY CALLED THE “RELEASED PARTIES”) BE RESPONSIBLE FOR ANY HARMS WHATSOEVER, WHETHER INDIRECT, DIRECT, GENERAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, AND/OR ACCIDENTAL, RELATING TO, OR ARISING OUT OF, THE BEHAVIOR OF YOU OR OTHER PEOPLE CONNECTING WITH THE USAGE OF THE SERVICE AND THE WEBSITE, INCLUDING, WITH NO RESTRICTIONS, EMOTIONAL STRESS, INJURIES, TRAUMAS LOSS OF BUSINESS, LOSS OF EARNINGS, IMPORTANT TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY RIGHTS VIOLATION, AND/OR ANY OTHER TYPES OF DAMAGE AND HARM THAT WE CAUSE BY THE COMMUNICATION OR MEETINGS WITH SOME OTHER MEMBERS OF THE SERVICE, OR THOSE PEOPLE WHOM YOU MED VIA THE HELP OF THE SERVICE. BY USING THE SERVICE, YOU ACCEPT ALL POSSIBLE RISKS FROM YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, INTER ALIA, BUT NOT CONFINED TO, ANY KINDS OF RISKS AFFILIATED WITH SHARING PRIVATE AND CONFIDENTIAL INFORMATION WITH ANY OTHER PERSON WHO IS A MEMBER OF THE SERVICE OR SENDING A CERTAIN AMOUNTS OF MONEY TO ANY USER. HEREWITH ALL MEMBERS OF THE SERVICE AND USERS OF THE WEBSITE EXPRESSLY CONSENT NOT TO PURSUE ANY LEGAL ACTIONS AGAINST RELEASED PARTIES FOR ANY ADVICE, INSTRUCTION, GUIDANCE OR SERVICE THAT WAS MADE VIA THE HELP OF SERVICE AND RELEASED PARTIES EXPLICITLY AND EXPRESSLY REVOKE ANY OBLIGATION WHATEVER IT BE TO THE GREATEST EXTENT ALLOWED BY LAW, FOR ANY SUITS, DAMAGE, HARM, CLAIMS, AND OR DISAGREEMENTS THAT MAY APPEAR OR BE ORGANIZED VIA THE HELP OF THE SYSTEM, AND/OR ANY OTHER INTERCOMUNICATION(S) BETWEEN ANY MEMBERS AND USERS OF THE SERVICE, WHETHER THEY APPEARED UNDER THE CONTRACT, TORTS OR IN SOME OTHER WAY. BESIDES YOU GIVE YOUR CONSENT TO LOOK AT THE SAFETY TIPS ON THE WEBSITE BEFORE YOU BEGIN TO USE OUR SERVICE. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT GUARANTEE YOUR COMPATIBILITY WITH OTHER USERS AND MEMBERS THAT YOU MAY MEET DURING YOUR USAGE OF THE SERVICE. YOU MUST NEVER GIVE YOUR VITAL COMMERCIAL INFORMATION (E.G. YOUR CREDIT CARD NUMBER, CVV CODE OR ANY INFORMATION RELATED TO YOUR BANK ACCOUNTS) TO ANY MEMBERS. WE DISCLAIM ALL RESPONSIBILIETS CONNECTED WITH AFOREMENTIONED EVENTS.
7.3. We do not make any statements or give you a warranty that you will have some specific results from using our Service. The Website is just a specialized platform that serves as a place where people can interact with one another via the help of the Service. Even though the Company is working hard on checking if our users and Members are real people, we are not obligated to monitor and review the information that users and Members post on the Website, including but not limited by the identification of any user or Member. We do not get involved in any actual interactions between people who use our Website.
7.4. We retain the right to let our Admitted members (according to Section 12 (Suppliers. Admitted Members) here) according to their wish to send the exact letter (a "Presentation Letter") to some other Members, who will be selected to designate the attention and interest among all users and Members of the Service. Note, you may receive two or more letters with Presentations from the same Member. You can send or receive Presentation letters via the help of the same channels as you send and receive regular messages.
This can function in the following manner:
- Text chat (you send and receive messages from the chosen Member via built in the System messenger);
- Webcam chat (another Member of the Service will stream video from his or her webcam to you);
- Webcam Broadcast (you will be able to stream video from your webcam to another Member);
7.5. To decrease the chance of people using Presentation letters for advertising, spam, and other inappropriate reasons, only Admitted Members are allowed to use Presentation letters.
7.6. We retain the right to observe and control the content of Presentation letters (together with every other type of communication via the help of the Service), and to delete them, or prevent Members from sending them, we may or may not explain the reason. Nevertheless, we do not take any obligations to do so.
7.7. If you have received the letter and doubt its origin, you can contact us to find out for sure whether this is a presentation letter or not.
8. OUR WEBSITE CONTENT
8.1. Provided by your full agreements with all the Terms, our Company can provide you a limited, royalty-free, revocable, non-sublicensable, non-exclusive, non-transferrable license for using our Service. Nonetheless, the above mentioned you recognize and agree that all property rights to the service and all intellectual property connected with it belong to the Company. The number of rights includes, but not limited to, copyright, trademarks (both officially registered or unregistered), design rights (both registered or unregistered), patents, database rights, and and additional related rights that exist in the world, at the same time the Company still holds the preferential right to apply for the protection of those rights for the account of the Company and its licensors. There are some trademarks and copyright materials on the Service that belong to the Company and its licensors. You can copy, publish from your accounts, modify, perform, distribute, display, transmit or sell any kids of the information that you may find on the Website only if you have received special written permission from the owners of the Company.
8.2. The Company does not take responsibility for the advice, opinions, offers, statements or other content or information that may be posted on the Website, by any Member or user, you should not rely upon this information as a complete, correct, or reliable. Only those Members and users alone are responsible for the before-mentioned content, including the fullness, reliability, and correctness of it. We (the Company) do not: (i) warrant the correctness, reliability, and completeness of any information posted on the website by our Members or users; (ii) accept any accountability for the correctness, reliability or correctness of any statements, advice or opinions expressed and posted by our Members on our Website. Under any circumstances and to the fullest extent allowed by the law, by no means shall the company or its employees, directors, affiliates, officers, managers take any responsibility for the harm that may be caused your confidence and reliance on information or some other content that was posted on the website by any user or Member. For the purpose of avoiding any doubt, the Company refuses to guarantee and bear any responsibility for the accuracy and faithfulness of any information in our Members profiles.
9. CONTENT POSTED BY YOU ON THE WEBSITE
9.1. You are fully accountable for the content, communication, and information that you post or share on our Website or send to other Members ("User Content"). You must not use our Website to post or send to our Members any slanderous, offensive, incorrect or obscene, sexually- oriented, rude, somehow offensive or harassing materials of illegal nature or any other materials that may somehow hard and offend third parties and violate their rights (including, but not restricted to, intellectual rights, and privacy and publicity rights). You must not intentionally give incorrect, deceptive, or even fraudulent information via the help of the Service to the Company or other Members of the Service. If the information that you provided to our Members or the Company, with time becomes incorrect, misleading, or wrong, you will immediately notify the Company of such changes, and you will take all necessary steps to update this information.
9.2. You acknowledge and consent that we retain the right but are not obligated to control, watch, and access all content made by our users. We also retain the right but are not obligated to delete any User Content.
9.4. Thus, you discharge, release and give your consent not to harm the Company by any suits or legal procedures that you may start against our Company or some of our partners for lying, defamation, violation of privacy, trademark or copyright infringement, public rights or creating a false public picture that may be caused by the exploitation of your User Content by the Company or our affiliates.
9.5. The Company keeps the right to delete any User Content for whatever reason. In the following, you will see a list of examples of illegal or forbidden on our Website User Content. User Content that: (i) obviously insulting to the community of our users, for example, some User Content that supports or encourages racism, hate, zealotry or possible physical abuse or injuries caused to some groups of people, attacks or supports bullying of someone else; (ii) promotes false, deceptive or wrong information, or advocates, encourages prohibited by law actions or behaving in aggressive, dangerous, harmful, libelous or offensive behavior; (iii) encourages unapproved or legally prohibited copying of some defended by copyright laws works, for example, selling or using pirated computer programs, or sending links to download them, sharing the information that will allow bypassing security systems and pre-installed copy-protect equipment, or sending stolen images, video or audio files, or links to pirated media content; (iv) includes links to pages accessible only by password or hidden pages or media files ( those that are not connected or accessible from other pages); (v) exploit people who are younger than 18 years old in violent or sexual forms, or requesting personal information from those why are younger than 18 years old; (vi) gives instructions and other harmful information that can be used for performing illegal actions, for example, purchasing or selling illegal weapons, breaking third person's privacy, or sharing or designing computer viruses; (vii) involves any commercial activities and, purchases not approved by our written consent, for example, competitions, lotteries, exchange, business, and illegal pyramid business models; and\or (viii) features some pornographic or violent adult content, for example, content that imitates sexual acts, pictures naked men or women's genitalia or other potentially inappropriate and harmful material.
We retain the right in our sole discretion to conduct an investigation and take required legal steps and launch lawsuits against those who break this agreement, including, without any exceptions, deleting offenders' accounts and offensive information from the Service and annulling the access to the Website and Membership in the Service.
9.6. You guarantee and assure us that during your use of our Service, including but not confined to your User Content, you will behave according to every relevant law and regulation.
9.7. You guarantee and sure that you are not going to add to your Member profile your phone numbers, emails, addresses, and any other personal and contact information, for example, your name or any links to your other accounts.
9.8. You guarantee and assure that you are not going to put any intentionally misleading or wrong information in your profile on the Website when you become a Member. You are not allowed to have more than one profile. We retain the right to ban the profile and end membership of any Member who breaks this agreement (without breaking the principles or other terms of this Agreement).
9.9. You guarantee and assure that you are not going to get involved in the advertising of the Service and invitation of other Members. This presumes, but not limits to application or announcements for buying and selling some services or goods via the help of the Service and attending any gatherings or other social events with any commercial goals. You must not send and forward any spam letters to other Members of the System. Despite the fact that the Company cannot control the behavior of our Members away from the Website, using any data gathered via the help of the Service to abuse, cause harm, harass someone else or in order to involve other people to get involved into any financial relationships with you, without their unambiguous agreement, is considered illegal and will be treated is a violation of this Agreement. We retain the right to limit the number of emails that any Member can send to other Members during the 24 hours to an amount that we consider sufficient, solely for the protection of our Members.
9.10. We may record your videos streamed via the help of the Service to guarantee the high quality of our Services.
9.11. You guarantee and assure that: (i) you are going to include only correct, full and up-to- date information; (ii) you are going, to be honest during your intercommunion and cooperation with another Members of our Service; (iii) you are not going to hide from your interlocutors why are Members of the Service, any important information concerning serious or contagious diseases, psychological issues or physical injuries, inabilities or other disorders that you know or believe to exist, or any other important facts that can be considered by other people to be inappropriate for establishing a relationships.
9.12. When you use special services on the Website, you are going to be the subject of all published procedures or rules applied to such Services that can be posted and occasionally changed. All those procedures and rules are listed in this Agreement.
10. PROHIBITED ACTIVITIES ON THE WEBSITE
10.1. We (the Company) keep the unique and exceptional right to monitor your account and end your membership if you have violated the rules of the Service, or acted somehow improperly, illegal (without breaking the principles of other terms of this Agreement). You signify and guarantee that you will not take any forbidden, unauthorized, or improper actions respectfully to or during your use of the Service, including, but not defined by the subsequent representations and guarantees.
- You must not use the Services illegally or without authorization, including, but not confined, by getting and collecting emails addresses and\or names that belong to other Members and were posted on the Website, by all available means with the object of sending "spam" emails and\or unsanctioned registration or creating links to the Service;
- You must not and are not allowed to send, post email or in some other way transfer potentially dangerous files that may contain a computer virus or any other program code, scripts or algorithms that were designed to intercept, terminate or somehow limit the functionality of any software or computer hardware or communication equipment;
- You must not share, repost or remake in any manner any copyrighted matter, brands, labels or other exclusive information without getting an explicit agreement from the owner of those materials and rights;
- You must not delete any copyright marks, trademarks, and other indicators that you may find in the Service, and that indicate owner rights.
- You must not cause any damage or disruptions to the work of the Website or the Services, or any network and server equipment related to the Website or Services;
- You must not falsify headings or in some other ways manipulate or change credentials to change or hide the origin of some information transferred through the Service;
- You must not follow, "stalk" or in some other ways attack any other Member;
- You must not recreate or copy any part of the Website or the Service unless you have the written permission from the Company. Besides, you are not allowed to use any meta-tags, codes links, and other materials to get any reference to the Website, the Service or the Company itself to purposely misguide some other person to another website.
- You must not remake, adapt, sell, buy, sublicense, decrypt, decompile, reverse engineer, decipher or in some other way remake and recreate any parts of the Service or any programs used to maintain the Service or make others do this for you;
- You must not share any pornography;
- You must not try to intervene, damage, steal or get unapproved access to the Website or the Service, users profiles or technologies or hardware that maintain the work of the Service;
- You must not share or publicize insufficient or misguiding information, pretend to be someone else or falsify your status of a person or entity;
- You must not share or reveal personal information regarding some other person or member of the Service, or harm, hurt or share offensive matters;
- You must not send or share any advertisements or trading links or content unless you were explicitly allowed by this Agreement;
- You must not use the Service in any illegal or criminal way with the intention to perform an illegal act related to the Service including, without constraint, all other laws connected with international money transfers;
- You must not try to access the Website or the Service from places where it is prohibited or not allowed;
- You must not write any programs, sites, databases, legal entities, and/or services that may compete with our Service or the Website;
- You must not enter or use (or try to obtain access or ability to use) the Service in whatever way that breaks this Agreement;
10.2. We retain the right to start required lawsuits against you if you violate any of the above- mentioned statements, guarantees, including, without limitation, injunctive, public, criminal compensations.
11. SUPPORT SERVICE
By beginning communication with our user service, you automatically agree that you will not be offensive, sexist, harassing, profane, racially offensive, threatening or abusive, and to avoid behaving inadequately in some way or manner. In case if we notice that your conduct towards some of our user service workers, or other operators will at any moment go against your guarantees and assurances, we retain the right to instantly end your Membership (without objection to the principles of other terms of this Agreement).
12. SUPPLIERS, ADMITTED MEMBERS
12.1. We buy services and from different providers (together "Suppliers") to be able to provide the Service for our users. List of our service providers:
- "introducers" are people who invite female members to register on our Website;
- maintain and share all matters and information concerning the Admitted Members of our System, some of those materials we show on our Website (comprising name, person data, photos, video materials, etc.) and also the copy of identification document of the Admitted Members; and
- buying and delivering flowers and other goods that our Members may order through our System in the form of special gifts to the Admitted Members of the Service;
- working and collecting the paperwork and documents considering Admitted Members, comprising their agreement to exchange their contact information with other Members.
12.2. Our Suppliers are autonomous entrepreneurs and are not listed among our representatives or workers. We disclaim all liability concerning the quality of their services, intentional or careless actions and/or failures of any external Suppliers or mistakes of their employees, workers, agents, delegates, including, without limitation, their inability to sufficiently fulfill their work responsibilities.
12.3. In case if you want to know if a particular member is an Admitted Member, feel free to contact us on our Website or via email.
12.4. For the moment, you are not allowed to order a gift delivery, or private details, or real meeting with anyone except for Admitted Members. These Members are the only ones who can use the bonus features of our Service. We also may have to request Admitted Members to consent with the terms of using the Service, and these terms may differ or serve as an addition to the terms listed in this Agreement.
13.1 You can pay for our Services with credit or debit cards. The transactions are carried out by many different parties, among them: Issuing and Acquiring Banks, various Credit Cards companies, and other services that provide Payments. Consequently, any request to refund will obviously take a considerable amount of time and effort from all parties.
13.2 We acknowledge that there are some real reasons that can justify any refund, but on the other hand, there are also attempts to justify refunds that are registered without any merit, sometimes even malevolent or swindling. Fraud is a criminal crime, and in case of any fraudulent claims, we will contact forces of law and order and will start a lawsuit, during this process we may have to provide private information, such as communications with our Members or via our Service, credit card details.
13.3 Hereby you agree that in case if your claim will be considered fraudulent, by way of compensation you will be charged a certain amount of money according to:
- all related expenses that we paid to third parties;
- 5% of the subject amount of the refund claims.
It is decided that this type of compensation will be taken from your account by setting-off the Credits available on the Website.
14. THIRD-PARTY LINKS AND WEBSITES
14.1. We may give you access to the websites that belong to third-parties and that we do not monitor or anyhow control.
14.2. You realize and accept that the Company will give you access to such links and websites that belong to third parties "as is" and "as they are" without providing guarantees, representations, or terms of some type and absolutely without any support. We do not take any responsibility for anything that may result from your usage of links and websites that belong to third-parties.
14.3. You acknowledge that you may use any websites or links that belong to third parties and were offered via our Service, completely at your own risk, and you must make sure that you are acquainted with and agree to all terms according to which you may use links and websites that are provided by third-parties.
15. MODIFICATIONS TO SERVICE
We retain the right to at any moment change, or suspend, permanently or temporary the Service (or any part of it) at our sole discretion, we can, but not required to notify our users. You give your consent that we do not take any responsibility for any changes, inconvenience, or problems with the Service.
16. PRECAUTION MEASURES
We retain the right to at any moment at our sole discretion to ban certain IP addresses that belong to some of our Members to prevent them from accessing the Website to ensure the safety of our System.
17. COPYRIGHT POLICY
17.1. Without having the owners' permission in written form, you must not post, reproduce, copy, distribute their copyright material, trademarks, and other information that doesn't belong to you
17.2. The Company recognizes the intellectual property claims of others and treats the protection of intellectual property with utmost seriousness, and we request you to have the same attitude to this matter. On our Service, we won't tolerate any violating activities. Our intellectual property strategy serves to (i) exclude or cripple access to material that according to our opinion, bona fide, according to notification from an owner of any intellectual property violates the copyright laws by availability on the Website or within our Service; and (ii) delete any User Content posted on the Service by "multifold violators." The Company recognizes as "multifold violators" those Members, who uploaded some content on the Website or via the Service and regarding whom the Company has got more than two copyright notices. The Company possesses the right to ban any Member's account even after receiving a single note regarding copyright issues at our sole and individual determination (with no prejudices of the principles of other terms of this Agreement).
17.3. In case if you think that some content posted on the Website or via means of our Service and was used or utilized in a way that violates the intellectual property rights that you control or hold, you can immediately send written: “Notification of Claimed Infringement” including all necessary information to our special agent named here. The Company may send your Notification to the Member claimed to violate a property right that you possess or hold, you agree to the fact that the Company will make such a disclosure. Essentially your notification must contain the following:
1. A written or electronic signature of a person empowered to represent the proprietor of the material(s) that has/have been supposedly violated;
2. Descriptions of the material that supposedly was violated, or, in case if many different materials were violated, a list of all those materials;
3. Description of the specific element that is believed to be stolen or to be the subject of any criminal activities and according to that requested to be deleted or limited in access, and sufficient amount of information that will allow the Company to find this material on our Website;
4. Sufficient and reasonable amount of information that will allow our Company to contact you, for example, your full name, phone number, email, and address.
5. A report in which you mention that with good intentions you report that the usage of the material is not allowed by the copyright laws, and violates the rights of its owner, representative, or the law of intellectual property; and
6. A statement showing that you acknowledge the possible punishment for perjury under the law but still want to notify us of the copyright violation and that all accusations are correct and honest, and you have permission and authorization to act in the name of the owner.
You must discuss your claimed infringements to make sure that you have all legal aspects to confirm the violation of the copyright law and are capable of providing a correct notice of declared violation.
17.4. You can contact our designated agent who works with Notifications of Claimed Infringement via email.
17.5. Our Company retains the right to seek material losses from anyone who sends fake notifications in the Infringement of the law.
19.1. In case if we end or discontinue your usage of our Services and Website without explaining the reason (as defined by us in our sole discretion), we will give you a full refund of any pre-paid, but not spent Credits. Bonus Credits that the Company may have granted to you freely are not exchangeable or refundable.
19.2. According to the previously mentioned statements or terms of Agreement (the Refund Policy is included), all paid fees, purchased and spent credits are NOT REDEEMABLE, but we may decide to refund according to the Refund Policy that you can find on the Website and our sole discretion. Without restraining the principles of other terms of this Agreement, retain the right to make any changes to the Refund Policy at any moment, and those modifications come to power when posted on the Service or sending your notice of the change.
19.3 Please contact us via email if you want to ask for a refund. Nevertheless, we strongly recommend to carefully read the Refund Policy before requesting a refund.
20. ADDITIONAL DISCLAIMERS OF WARRANTIES
20.1. UNLESS WHERE OTHERWISE RESTRICTED OR FORBIDDEN BY LAW, INCLUDING REGULATIONS OF THE STATE OF NEW JERSEY, TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPLICITLY ACKNOWLEDGE AND GIVE YOUR CONSENT THAT (A) YOU USE THIS SERVICE AT YOUR OWN RISK AND THE SERVICE IS GIVEN ON "AS AVAILABLE" AND "AS IS" PRINCIPLE. THE RELEASED PARTIES (ACCORDING TO ABOVEMENTIONED IN SECTION 7), EXPLICITLY DISAVOW ANY GUARANTEES, BOTH IMPLIED AND EXPRESS, INCLUDING, BUT NOT LIMITED, ASSUMED GUARANTEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL NON-VIOLATION ALONG WITH ALL AND ANY GUARANTEES THAT SERVICES OR PRODUCTS THAT BUSINESSES OFFER VIA THE HELP OF THE WEBSITE. THE RELEASED PARTIES DO NOT MAKE ANY AND EXPLICITLY DISAVOW ANY GUARANTEES THAT: (I) OUR SERVICE WILL SATISFY YOUR NEEDS, (II) THAT THE SERVICE WILL WORK WITHOUT INTERRUPTIONS, DELAYS, SECURITY BREACHES OR WILL BE FREE FROM ERRORS, (III) THE RESULTS OF THE USE OF THE WEBSITE OR SERVICE WILL BE RELIABLE OR ACCURATE, INCLUDING DATA, (VI) THE LEVEL OF ANY DATA QUALITY OR SERVICES AVAILABLE FOR YOU IN OUR SYSTEM WILL MEET YOUR REQUIREMENTS, AND (V) WE WILL CORRECT ALL ERRORS IN OUR SERVICE. THROUGH THE USE OF OUR WEBSITE, YOU ACCESS ANY MATERIALS POSTED IN THE SYSTEM AT YOUR OWN RISK, AND RESPONSIBILITY. YOU HAVE TOTAL RESPONSIBILITY FOR ANY TYPE OF DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT MAY BE CAUSED BY THE USE OF SUCH MATERIALS. We are not able to warrant and are not guaranteeing any special results from using our Website and/or the Service.
20.2. Our Website is created for Members to stay connected with any person why has created a profile on the Website. You accept that we do not give any guarantees and assurances concerning the maintenance of the operation of our Website or Services, including uninterrupted work. Therefore, we do not take responsibility for its inaccessibility, delays in work, the disappearance of information, and the impossibility of saving User data and Settings. You accept the full responsibility and acknowledge the risks of using the Service or any information posted on the Website.
20.3. Apart from all the above-mentioned in other sections and terms of this Agreement, different statements that can be posted on the Website are made only for entertainment and informational purposes and are not capable of replacing or substituting any professional, medical, financial, legal, or other advice. We do not make any statements or guarantees, and to the fullest extent allowed by law, we explicitly disclaim and do not take any responsibility for your confidence in those statements or any other information posted or submitted on our Website or in the Service. Note, you should consult only with properly prepared and skilled specialists in cases if you have any special concerns or situations.
20.4. Even though we take every possible step to make sure that the information (including but not limited to, the mathematical numbers or amounts of search results) posted on the Website is accurate and correct, we do not guarantee (both express or implied) that it will be accurate, correct, reliable, complete and timely, and for the ways and trust to any information stored in our System.
20.5. The absolute figures may not be accurately reflected by the percentages and total due to rounding of the numbers that we show in our System. We strongly advise you to have your personal judgment and run your own verifying, as you find suitable in case if you decide to use or rely on any information posted on the Website for whatever purposes. approximate calculations must not be used when making decisions about becoming a member or making payments.
20.6. Profiles of our Members and the information they contain are provided only by third- parties, thereby we do not take any liability for the correctness of this information, all posts and statements that are made on the Website solely belong to Members of the Service.
20.7. We retain the right to change any information posted and provided on our Website at any moment, without notification.
21. LIMITATION OF LIABILITY
EXCEPT WHERE OTHERWISE INDICATED INAPPROPRIATE OR FORBIDDEN BY LAW YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THAT TO THE FULLEST EXTENT ALLOWED BY LAW, THE RELEASED PARTIES MUST NOT TAKE RESPONSIBILITY FOR ANY INDIRECT, DIRECT, ACCIDENTAL, INTENTIONAL, CONSEQUENTIAL, PENAL OR EXEMPLARY HARMS, INCLUDING, BUT NOT LIMITED TO, HARMS CAUSED BY THE LOSS OF PROFITS, USAGE OF DATE OR ANOTHER HYPOTHETICAL LOSS (DESPITE THE FACT THAT THE COMPANY MAY HAVE BEEN ADVISED CONCERNING THE POSSIBLE OCCURRENCE OF SUCH DAMAGES), CAUSED BY: (A) THE USAGE, ATTEMPTS TO USE, OR INCOMPETENCE TO USE THE SERVICE; (B) THE COST OF ACQUISITIONS OF SPECIAL GOODS AND SERVICING THAT WAS CAUSED BY ANY DATA, INFORMATION, OR SERVICES OBTAINED OR LETTERS SEND OR TRANSACTIONS MADE INTO WITHIN, OF, OR AS A RESULT OF THE USING THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR YOUR TRANSFERRED DATA OR TRANSMISSIONS FAKE OR MODIFICATION ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) MAKING STATEMENTS OR CONDUCTING ANY MEMBER OR OTHER PEOPLE ON THE WEBSITE; (E) YOUR CONFIDANTE IN DATA OR CONTENT THAT WAS PROVIDED BY US; OR (F) ANY OTHER PROBLEM OR MATTER RELEATED TO OUR SERVICE.
IN CASES, WHEN THE COMPANY, DESPITE THE ABOVEMENTIONED LIMITATIONS OF RESPONSIBILITY, IS CONSIDERED TO BE RESPONSIBLE ACCORDING TO ANY LAW, THE COMPANY LIABILITY AND YOUR SOLE REIMBURSEMENT WILL BE EQUAL TO THE BIGGEST AMOUNT OF MONEY THAT YOU HAVE PAID TO OUR COMPANY OR USD $100. THIS LIMITATION OF RESPONSIBILITY MUST BE APPLIED TO ALL REQUESTS AND CLAIMS, NOTWITHSTANDING THE AWARENESS OR GIVEN IN ADVANCE ADVICE TO THE COMPANY ABOUT POSSIBLE DAMAGES OR BEFORE-MENTIONED CLAIMS. SOME JURISDICTIONS FORBID EXCLUDING SOME WARRANTIES LIMITATION OR COMPLETE DENIAL OF ANY RESPONSIBILITY FOR ACCIDENTAL OR CIRCUMSTANTIAL DAMAGES. THEREFORE THERE ARE ABOVEMENTIONED LIMITATIONS CONTAINED IN THIS PARAGRAPH THAT MAY NOT BE APPLIED TO YOU.
22. INDEMNITY BY YOU
To the fullest extent allowed by law, you give the consent that you will reimburse, protect, and hold harmless our Company and all of our officers, subsidiaries, agents, affiliates, and other associates and representatives, from and against any damage, claim, responsibility, demand, or liability including justified attorney's fees and expenses, that were made by any third party following your use of the Services and infringement of this Agreement, and\or your violation of this agreement and\or any of your abovementioned Guaranties and assurances. We retain the right to take appropriate steps to defend and control every matter that can be a subject of reimbursement by you, In case of this event, you will agree to cooperate with us, and will completely reimburse the Company concerning this situation.
23 NO THIRD PARTY BENEFICIARIES
You accept that, if not provided by the terms of the Agreement, there must not be np third-party beneficiary to this Agreement.
24. ARBITRATION AGREEMENT
24.1. PLEASE READ THIS ARBITRATION CLAUSE ATTENTIVELY TO LEARN YOUR RIGHTS.
24.2. For the convenience purposes of this Arbitration Agreement word "Dispute" indicates any claim, disagreement, or dispute between you and the Company concerning any possible aspect of your interactions with is, whichever based in regulation, contract, ordinance, statute, tort (including, but not limited to, misrepresentations, frauds, dishonest inducements, carelessness, obvious negligence or offensive behavior) or any other equitable or legal basis and involves the legal implementation of this Arbitration Agreement (except for the enforceability of the Class Action Waiver case mentioned here). The dispute has the broadest meaning that can only possible to give.
24.3. Class Action Waiver. Hereto the parties expressly accept the fact that arbitrator should not combine claims from other people, and must not in any other way manage some forms of a class or claims, or representative proceeding (for example a class o representative action, private attorney general action or consolidated actions) except for cases when both sides expressly agree in writing form to do so after the beginning of the arbitration. Users or Members do not possess a right to be class members or representatives, or in any other way participate in a class, consolidated, private attorney general or representative proceeding.
24.4. Herewith both you and the Company agree to use the right of arbitration instead of applying to the right to have a trial before a jury or judge in a public court. In case if there were no Arbitration Agreement, sides might have had an opportunity and right to continue their dispute in public court or to be represented in public court by others(in a case field) and including class actions. Herewith, you relinquish all those rights. Other rights that you might have used if you went into public court, for example, the right to appeal, may be limited in arbitration. Note, the rights, concerning the appellate procedure in the arbitrations, are way more limited than in public courts, generally, you cannot appeal arbitrators' decision for mistakes in facts and errors in law,
24.5. Every claim, disagreement, or dispute that may be caused by matters somehow related to the Agreement, including without limitation, any disagreements about the Services, enforceability, legality, interpretation, or violation of the Agreement, must be only resolved by transferring the dispute to arbitration. You must notify our Company in the written form in case of any claims, disagreements and disputes that may somehow arise due to the Agreement. Your notification must include (a) your full name, (b) your home address, (c) description of the Dispute in the written form, and (d) clear explanation of what king of relief you seek. The Company must try to resolve the Dispute in forty-five (45) days since such a notice. If the Company fails to resolve the Dispute in forty-five(45 days), you may proceed to the arbitration. You should demand arbitration in a reasonable amount of time after the disagreement, and in no circumstances, you should demand arbitration after more than two years from the moment when you have learned about the disagreement or violation.
24.6. Every dispute that may appear between you and the Company must be resolved by binding arbitration. According to the Agreement, by entering into the Arbitration, you give up all your legal rights to defend your claims in a court and be heard by a judge of a jury. The court has very limited review capability of any arbitration award, and there is no judge or jury in arbitration. The arbitrator can award the same compensations and reimbursements as a public court. The arbitrator acts according to this Arbitration Agreement.
24.7. Only one arbitrator can conduct the arbitration. If the sides are not able to agree who is going to be an arbitrator in twenty (20) days, then the London Court of International Arbitration ("LCIA") must select the arbitrator according to the abovementioned terms of this agreement. The process of arbitration must not be conducted as an individual arbitration, and must in no case be conducted as a class or representative arbitration.
24.8. To conduct the arbitration hearing, the arbitrator must have at least three years of experience dealing with online service, and before arbitrating the dispute between you and the Company, the arbitrator should have served as one at least three times. The arbitration hearings must be conducted according to the terms of the LCIA and must take place in LCIA, London, UK.
24.9. On the individual basis, the arbitrator has the right to award any relief, without violating the law, and must not have the power to award compensation to, for the benefit or against it of anyone who does not involve in the arbitral hearings. The arbitrator is not required to present a list of reasons without a special request from any party but must make any award in written form. In case if there are no exceptions from LCIA, a written award from the arbitrator is considered binding and final. In case if LCIA provided exceptions, parties may enter any court that has required jurisdictions for further lawsuits.
24.10. You or your representative have no right to reveal and share in public space any content or results of any arbitration without previously getting written consent from the Company, except for the cases when it is required by law.
24.11. The arbitrator must not have the right or authority to reward any penal, special, and other types of sanctions. The arbitrator must not be authorized to assign any injunctive reliefs.
24.12. The unsuccessful party that must be determined by the arbitrator must cover the cost of the arbitration hearings and other proceedings in court, confirm or vacate any arbitration amount (including, but not limiting to, just attorneys' fees and additional costs). This burden must be awarded as a part of the arbitrator's award. It is acknowledged and understood that any party in order to enforce a reward given by the arbitrator, can bring this suit to any relevant court. The Section must survive the cancelation of this Agreement.
24.13. Enforceability. The whole Section 24 will be null and void if the "No Class Actions" paragraph or the whole Section 24 will be decided unenforceable. In this case, parties acknowledge and agree that any action caused by or related to this Agreement will be under exclusive jurisdiction and venue mentioned in Section 25.
25. GOVERNING LAW
Your use of the Service and this Agreement is governed by the laws of the United Kingdom, excluding its laws conflicts. It is permitted to bring any dispute arising from this Agreement to the court of law of the United Kingdom. Please, note, that in such case your actions will be the subjects of exclusive jurisdictions of courts located in the United Kingdom, by applying to those courts you irreversibly submit to the jurisdiction of such courts and give up your defense from any improper venues or inconveniences.
26. ENTIRE AGREEMENT
The whole agreement concerning the usage of the Service is listed in this Agreement and all mentioned here terms and provisions. In case if some parts of this Agreement will be invalidated, the other terms of this Agreement must remain in full force and effect.
27. FORCE MAJEURE
The Company does not take any responsibility for any failures caused by unexpected and unpredictable circumstances or reasons that are beyond our reasonable control, among them, but not limited to: acts of God, for example, floods, hurricanes, fire, earthquakes, tropical storms or other disasters caused by nature; riots, wars, sanctions, arsons, acts of civil or military authorities, terrorisms, embargoes; shortages in fuel, energy, facilities, labor, transportation or material; massive failure of the communication services or infrastructure, hacker attacks, SPAM or any hardware or software failures, as long as any even continues to prevent The Company from normalizing our performance.
28. NO WAIVER
The inability to follow some of the terms must not affect our right to at any moment require the execution of other terms, nor must a waiver of any violation of the terms of the Agreement mean that you may refuse to follow any other provisions and terms of this Agreement. The heading in this Agreement are used only for convenience purposes and must not have any influence on the interpretation of here mentioned terms and provisions. You acknowledge and agree that there are no raised by the Agreement or the use of the service, partnership, joint venture, employment, or other relationships between you and the Company.
Please contact us with any questions regarding this Agreement.
Last revised on March 31, 2021