If you are an individual who desires to utilize the Service, you must read these Terms and accept them by following the instructions on the Website and clicking the “Start Now!” button. If you are a Registered User who desires to become a Paid Member (“Member”) of the Website by purchasing a subscription package (which will allow you to use all features of the Service appropriate to the level of subscription of Paid Member you purchase), you will be subject to both these Terms and further terms as specified by the third party billers we use to process membership fees.
As a commitment to our Registered Users and Members (collectively, the "Users"), the Service includes a rich collection of online resources. These include, but are not limited to, various communication tools, chat services, third party content, online forums, personalized content and branded programming. We reserve the right in our sole and absolute discretion to add, remove, and/or change any portion of the Service at any time.
Registered Users are able to access a limited set of the Service's features without charge after providing the required registration information. Members are given access to all features included as part of the membership option chosen when applying for the membership.
We reserve the right to discontinue or require payment for any free portion of the Website at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of any or all free portion of the Website.
We reserve the right to discontinue or change services included in various membership options at any time without notice. You agree that we will not be liable to you or any third party for any modification to any or all of the website’s membership offer(s).
From time to time, in our sole and absolute sole discretion, we may offer free upgrades or promotional accounts to some Users. We reserve the right to change or discontinue, temporarily or permanently, such upgrades or promotional accounts without notice. You agree that we are not liable to you or any third party for any modification or discontinuance of and free upgrades or promotional accounts.
We reserve the right to change or discontinue, temporarily or permanently, the Service in whole or part at any time without notice. You agree that the Website will not be liable to you or any third party for any modification or discontinuance of the Service.
Our primary purpose is to provide an adult entertainment experience. The Service enables Users to connect with each other, exchange pictures, stories, fantasies, and contact and engage in conversation with other Users, our representatives, and our automated system.
This Website does not create user profiles, so called “virtual profiles” or use artificial intelligence in order to simulate people. While we aggressively seek to stop third parties from abusing the Website or the Service, third parties may utilize the Service inappropriately for fraudulent purposes including but not limited to resembling or mimicking real people. You understand and agree that we are not responsible for the conduct of any User or Member of the Website and that you should contact us immediately in the event that you suspect any misuse of the Website that may violate these Terms. We anticipate that certain Users or Members may create profiles using inaccurate information, including but not limited to false information, and fake pictures; we also anticipate that certain Users or Members may create profiles for the sole purpose of marketing or promoting third party products and services that are not associated with the Website. Additionally, we anticipate that certain Users and Members may attempt to utilize automated processes for the sole purpose of advancing there nefarious goals. We encourage you to contact us immediately if you even suspect any misuse of the Website and we also encourage you to use common sense and refrain from sharing any personal, confidential or sensitive data or information with any User of the Website.
We create user profiles for use by our customer support representatives for the support, marketing, improvement of the Service, and in order for our Registered Users to experience the type of communications that they can expect as paying Members. Our customer support representatives are encouraged to speak with our members and also to stimulate conversation between members by making introductions or recommendations or just to chat with Users, for entertainment purposes. Additionally, the Website utilizes automated system profiles to communicate with Users to enhance our Users’ entertainment experience. From time to time, and in our sole and absolute discretion, the Website’s created profiles and automated system profiles may be designated with a designated symbol. Both our live and automated user profiles, allow us to collect messages, instant chat and/or replies from individuals or programs for market research and/or customer experience and/or quality control and/or compliance purposes. Further, we may use these profiles in connection with our market research to enable us to analyze User preferences, trends, patterns and information about our customer and potential customer base. You acknowledge and agree that some of the profiles posted on the Website that you may communicate with as a Registered User may be fictitious. The purpose of our creating these profiles is to provide our Registered Users with entertainment, to allow Registered Users to explore our Service and to promote greater participation in our Service. The messages they send are computer generated. Messages from the user profiles we create attempt to simulate communications so that should you become a paid Member you are encouraged to participate in more conversation and to increase interaction among fellow paid Members. We also use such profiles to monitor user communications and use of our Service to measure compliance with the Terms.
The user profiles we create are not intended to resemble or mimic any actual persons. We may create several different user profiles that we attach to a given picture. You understand and acknowledge that we create these profiles and that these profiles are not based on or associated with any Registered User or Member of our Service or any other real person. You also acknowledge and agree that the descriptions, pictures and information included in such profiles are provided primarily for your amusement and to assist you navigate and learn about our Website. Any one of these user profiles may message with multiple Registered Users at the same or substantially the same times just like our Registered Users and Members.
We will, send automatic electronic communications to Users to ask how our members are using certain aspects of the Service and/or to stimulate conversation between members. Additionally, we will utilize our automated system profiles to communicate with Users to enhance our Users’ entertainment experience. You understand and agree that there is no guarantee that you will find a date, a companion or an activity partner, or that you will meet any of our Users in person. The Website merely provides an adult entertainment experience to its Users.
As part of the Website and the Service, and in order to provide our Members with the best possible experience, we offer a feature that allows certain Members to promote their accounts. The 'Promote my Account' feature enables the Website to automatically send custom messages created by a Member, wink at other Members, and add them to the friends list on behalf of Members who have activated the feature. The Website maintains sole and absolute discretion in deciding who may utilize the ‘Promote my Account’ feature. Additionally, the Website reserves the right to assess additional fees for those Members who utilize the promotion.
Our Website and the Service are intended solely for access and use by consenting adults who are 18 years of age or older or the Age of Majority in the jurisdiction you are accessing the Website or the Service from.
By viewing, using, registering or subscribing to the Website, you represent and warrant the following:
A) That you have the right, authority and capacity to enter freely into these Terms;
B) That you choose to access the Website and Service freely, in order to view, read, or hear the content available for your own personal enjoyment or entertainment;
C) That you will abide by these Terms;
D) That you are of the Age of Majority in your jurisdiction (18 year of age, or older, depending on the Age of Majority in your jurisdiction);
E) That you will not permit any individual under the Age of Majority in your jurisdiction (18 year or age, or older, depending on the age of majority in your jurisdiction) to view or access material on the Website;
F) That you will not use or view the Website in a jurisdiction where doing so would or could be considered a violation of any law or regulation, rule, ordinance, edict, custom or community standard.
G) That you agree to be contacted by automated system profiles for entertainment purposes.
If you are merely surfing or browsing through the Website and have not yet registered with or subscribed to the Service, your use of the Website is still subject to these Terms; if you do not agree to these Terms, then do not use the Service and leave the Website immediately.
You hereby warrant and acknowledge that you understand and agree that any use of or access to the Website or the Service by a minor or in contravention of the laws of your jurisdiction constitutes unauthorized access to the Website and to the Service, and could subject you to criminal or civil prosecution. The Website is in no way responsible for any unauthorized access or use of the website or service by you.
For the benefit of our Website’s entire community, and to comply with applicable law, we have a few mandatory guidelines for our Users. We reserve the right to change or discontinue, temporarily or permanently, your access to the Service in whole or part in response to any conduct that we determine to have violated these Terms. While we do not pre-screen content posted by Users of the Website, nor do we pre-screen communications sent via the Service, we reserve the right to remove or edit any content that, in our sole judgment, is found to violate these Terms. For this reason, we ask that you carefully read and fully understand these Terms.
A) Provide Accurate Information.
You agree to provide true, accurate, current, and complete information about yourself as requested by the Website (“Registration Data”). Accurate records help us create better websites and provide us with opportunities to identify new services or products that may interest you. Please update your Registration Data to keep it current and accurate.
B) Guard Your Password.
You will receive a user name and password upon completion of the registration process. You are responsible for maintaining the confidentiality of your password and the security of your account, and are fully responsible for all activities that occur using your password or account. Use of an account on multiple computers simultaneously is not permitted. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
C) Obey the Law.
You agree not to use the Service for any illegal purpose, or for the transmission or posting of any digital information including, but not limited to, text, images, graphics, and audio/video/audio-video recordings (the "Content") that is unlawful, harassing, libelous, abusive, threatening or obscene or that constitutes an infringement/invasion of the rights of privacy or publicity of any individual or entity.
You agree to use the Service in a manner consistent with any and all applicable laws, regulations, customs, or community standards in the jurisdiction from which you are accessing the Website.
If you receive communications that you find to have violated these Terms, please contact us and provide a description of the situation, including message text and the User who sent the information to you.
D) Respect Intellectual Property and Copyright.
You agree not to use the service to post, display, or disseminate any Content that infringes on the copyright of any other individual, entity, or interest. You warrant that for any Content you post, display or disseminate:
1. You own the Content posted by you on or through the Service, or that you otherwise have the right to grant the license set forth in this section; and
2. The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity. You agree to pay for all royalties, fees, and any other moneys owed to any individual or entity by reason of any Content posted by you to or through the Service.
While the Website is not legally required, the Website intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "takedown" provisions, and to benefit from the safe harbors immunizing us from liability to the fullest extent provided by law. We reserve the right to terminate registration or membership privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.
Please visit our DMCA
page to locate the processes and procedures that we utilize in compliance with the DMCA.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, Users who are deemed to be repeat copyright infringers. We may also in our sole and absolute discretion limit access to the Website and/or terminate the registration or membership of any User who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.
E) Use of Messaging.
Some of our features provide Users with access to mail and/or profile comments. You agree not to use this feature of the Service to broadcast "junk mail," "spam," "chain letters," or unsolicited mass distribution of files or images.
In order to ensure that these communication services are not abused, we may establish general practices and limits concerning their use. These may include but are not necessarily limited to a maximum number of days that messages will be retained by the Service, a maximum number of messages that may be sent from or received by an account on the Service, a maximum size or length of any message that may be sent from or received by an account on the Service, a maximum amount of disk space that will be allotted for your stored messages, a maximum amount of time spent broadcasting and viewing video, and a maximum time period and number of times you may have access to the Service in a given time frame.
If you receive communications that you find to have violated these Terms, please contact us using our online contact form here with a description of the situation, including message text and the User who sent the information to you.
You agree that you will not impersonate any other User of the Service by any means (for example, but not limited to, including fraudulent or misleading statements in your profile, or sending communications containing claims or statements intended to misrepresent your identity). You will not, by any means available on the Service, attempt to impersonate or claim that you are in any way associated with or responsible for or to the Website or affiliates of the Website.
If you have received communications, or you have detected any material posted to the Website that you believe violates these Terms, please contact us and provide a description of the situation, including message text and the User who sent the information to you.
G) Disclosure of Personal Information in Public Sections of the Website.
You agree to avoid any communication including, in whole or in part, any personally identifiable information (including, but not limited to, email addresses, instant messenger account information, phone numbers, physical addresses, or real names) on public areas of the Website (including, but not limited to, profiles, comments, chat streams, images, graphics and audio/video/audio-video recordings). Posting material of this kind in a public forum leads to an increased potential for undesired use of your personally identifiable information.
If you have received communications, or you have detected any material posted to the Website that you believe violates these Terms, please contact us using our online contact form here with a description of the situation, including message text and the User who displayed the information to you.
At no time during your participation on the Website is it acceptable to promote yourself as it relates to your participation on any other website, and at no time is it acceptable that you redirect Users of the Website to any other website.
The Service cannot be used to transmit or post messages, images, graphics, or audio/video/audio-video recordings containing any advertisements or solicitation for funds, goods or services.
If you have received communications, or you have detected any material posted to the Website that you believe violates these Terms, please contact us immediately with a description of the situation, including message text and the User who sent the information to you.
I) Content Restrictions.
All website design, text, graphics, the selection, and arrangement thereof, and all software that are part of the Website are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of the Content found on the Website is strictly prohibited without our prior written permission. Content that is publicly available on the Website may not be stored in a computer, except for personal and non-commercial use.
J) Limits On Uses of User Information.
The material on the Website is for the private, non-commercial enjoyment of Users only. Any other use is strictly prohibited. We spend a great deal of time and money to obtain and maintain the information and services available on the Website. Registered Users and Members agree that they will not data scrape, copy, aggregate, redistribute, alter, reproduce, or re-use for commercial purposes any User's information (whether specific to any particular user or as an aggregation) accessible through the Website without our express written permission. Registered Users and Members agree that, should they do so, we reserve the right to cancel their registration or membership immediately. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
"Commercial purposes" can include, but are not limited to, selling information to third parties; using the data collected to customize Users' experiences at a site or network outside of the Website; using the data for targeted marketing campaigns not affiliated with the Website; or using the data to offer services to Users of the Website. We reserve the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
Illegal and/or unauthorized uses of the Website, including collecting user names, email addresses, or other personally identifiable information of Users by electronic or other means for the purpose of sending unsolicited emails, unauthorized framing of or linking to the Website or any other use not expressly permitted in these Terms is prohibited and will be investigated. We reserve the right to take action in response to any such use of personal or proprietary information, including, without limitation, civil, criminal, or injunctive redress.
V) Rights You Grant to US
A) Distributing Content You Produce.
If you provide any Content to the Website, you represent and warrant that you have all necessary ownership or other rights in the Content to place it on the Website, that it is not defamatory and that it does not violate any rights of privacy or any intellectual property rights of any other person.
We may modify, display, transmit, and create new material using your Content to support the operation of our systems, including but not limited to, providing introductions to other Users, assisting us in the formulation and transmission of communications to you, adding watermarks to profile images, or to support your inclusion in any area of the Website.
By submitting Content to the Website, you expressly agree that the Website and anyone permitted by the Website may reproduce, display, distribute, and create new works of authorship based on and including the Content.
Notwithstanding this license, the Website will take reasonable precautions to ensure that your e-mail and direct communications remain private.
B) Advertising by the Website.
We rely on advertisers to help fund offered services. In order to continue the Service, you agree that we may display advertisements and promotions of all kinds in and with the Service.
C) Account Access.
In order to ensure that we are able to provide high-quality services that are responsive to Users' needs, you agree that our employees have access to your account and records as reasonably needed to investigate account issues.
D) Monitoring of Content.
We assume no responsibility for monitoring the Website or the Service for inappropriate Content (including, but not limited to, Content that may infringe on the copyright of any individual or entity) or conduct. If at any time we choose, in our sole and absolute discretion, to monitor the Service, we assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting such Content.
E) Termination of Access to Service.
We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to the Service at any time for any reason, with or without notice, including but not limited to, breach of these Terms.
Any fraudulent, abusive, obscene, or otherwise illegal activity on the Service, as well as any activity that may affect the enjoyment or use of the Service by other Users, may be grounds for the suspension or termination of all or part of the Service in our sole and absolute discretion. In cases of inappropriate, fraudulent, or illegal use of the Service, you may be referred to appropriate law enforcement services.
F) Contacting Users.
We reserve the right to use your personally identifiable information to identify you in dealings with third party billing providers.
G) Contact and Communications from Other Users.
You warrant and affirm that you understand and agree that all data in your profile and all other data regarding your use of the Service will be used in and in association with the Service's features, including but not limited to, providing introductions to other Users, details for the new or featured members section, and searchable information for use by other Users of the Service.
Additionally, your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and the contents) of, Members registered to other sites operated and powered by the Service (e.g. co-branded, privately labeled, etc.). This feature may allow you to interact with Members of other affiliated websites.
Any communications to you may contain material of a sexually explicit nature. We do not actively monitor the contents of any communications between Users. If you receive communications that you believe have violated any other section of these Terms, please contact us and provide us with a description of the situation, including message text and the User who sent the information to you.
H) No Actions Resulting From Registration In "No Contact" Registries.
You hereby agree that you will not bring any action against us, any Website Content Providers, any of the Website's affiliates or any of the aforementioned parties' principals, employees or agents as a direct or indirect consequence of your registration of an email address, mailing address, telephone number or other contact information with any governmental "do not email or contact" registry. You agree to indemnify us, our affiliates and any of the aforementioned parties' principals, employees and agents for any and all expenses and damages that result from any and all breaches of this section and for any actions against us for sending you email that you requested or authorized us, any Website Content Providers or any of the Website's affiliates to send.
I) Merger or Acquisition.
In order to ensure a smooth transition of the Service in the event of a merger, acquisition, reorganization, sale of any portion of its assets or the sale of an individual website owned by us, we may transfer your personally identifiable information to a third party as a part of such merger, acquisition, reorganization or sale.
J) Integrated Databases.
Your profile (and its contents) may be searchable by, and you may be able to search for, the profiles (and their contents) of, members registered to other websites operated or "powered by" us (e.g. co-branded, privately labeled, etc.). This feature may allow you to interact with our additional affiliates.
VI) Third Party Services.
The Website may contain (or you may be sent through the Website or the Service) links to other websites ("Third Party Websites") as well as text, images, graphics, and audio/video/audio-video recordings, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content available through the Website. When using any services offered by a third party via the Website, you will be subject to terms posted by these third party service providers. Also, by accepting third party offers, you will be subject to terms posted by these third parties. Accepting these offers signifies your agreement to those additional terms.
A) About Subscriptions and Billing
(1) If you would like full access to all features and areas within the Services, you should purchase one of our Subscription Packages
which can differ across our various websites.
In general, we offer:
- 3 day or 1 week trials; and/or
- 1, 3 or 6 month packages.
The fees payable for each of our Subscription Packages
are set out on the payment page of the at the point of making payment. Please review the payment page very carefully when you come to make payment.
Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing. Thereby you acknowledge that your subscription has an initial and recurring payment feature and accept responsibility for all recurring charges prior to cancellation.
(2) If you would like to get access to the "SMS chat", you should purchase one of our tariff packages, which may vary on our websites.
In general, we offer premium packages in amount:
- 5 SMS
- 15 SMS
- 25 SMS or more
Please review the payment page very carefully when you come to make payment, if you do it for the first time on our sites. We will charge your credit card. Please note that all payments made by you are not refundable.
If you have already made payments on our sites - after confirmation of the selected package, the payment will be done automatically.
For Premium SMS Billing Users (Australia only), Customer Helpline 1800823314 (Data fees may apply).To unsubscribe, SMS STOP to 19996664 or call our Customer Helpline at 1800823314.
B) Automatic Renewal Billing
We operate an automatic renewal billing policy.
This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.
C) Price Changes
The prices are subject to offers, discounts and changes that may be applied at any time. We also reserve the right to alter these subscription packages at any time.
D) Disputes About Billing
In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.
Please note if you have made payment for our application through Apple’s iTunes service, in accordance with Apple’s developer policies, we shall not issue any refunds if you have purchased our app in this way.
E) Member Information.
You agree to provide true, accurate, current, and complete information about yourself as prompted during the membership process.
Once you are a Member of the Service, your username and password will allow access to Member services appropriate to the level of membership you purchased. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. Members must promptly inform the Website of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and any apparent breaches of security, such as loss, theft or unauthorized disclosure or use of an account or password. Until the Website is notified by email of a breach in security, the Member will remain liable for any unauthorized use of all of the Website’s services, and for any charges that accrued to his or her account.
F) Cancellation of Your Membership.
You are free to cancel your subscription at any time. To ensure the security of your account you have to complete all steps of the subscription cancellation procedure in accordance with the security policy of our company. To start your subscription cancellation, enter the “My Settings" section, click on the “Billing History” tab and follow our site instructions to proceed. Once you have done this we will send an email with further instructions to the email address you used to register with us. Should you have any questions, contact us by sending an email to: email@example.com
G) Membership Termination for Breach of Terms.
You acknowledge that the Website, in its sole and absolute discretion, may terminate your account (or any part thereof) or use of the Service for any reason, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may also, in our sole and absolute discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You further acknowledge that membership fees are not refundable, in whole or part, upon membership termination.
You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Website may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that the Website shall not be liable to you or any third party for any termination of your access to the Service.
H) Trial Memberships.
The Website may occasionally offer promotional trial memberships to its paid services at special discounted prices. Users that sign up for such trial memberships will be automatically renewed at the end of the trial period at the normal membership rate specified at the moment of trial subscription, unless the User cancels before the end of the trial period.
Users are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of certain portions of the Website and the Service is through a combination of a user name and a password. Each Member must keep his password strictly confidential. The Website will not release passwords for any reason, except as may be specifically required by law or court order or in a permitted transfer. Unauthorized access to the membership service is a breach of these Terms and a violation of law.
J) Refund Policy
The billing system used by the Website or our authorized agents provides extensive credit card fraud protection measures and includes many features to protect users from accidental charges. The Website will issue refunds in its sole and absolute discretion.
Requests for refunds are taken very seriously and will be carefully reviewed and considered.
The Website does not provide cash refunds; the requested transaction is refunded back to the customer by our authorized billing agent.
If an issued refund is for a recurring billing, only the most recent payment will be refunded. A refund for a recurring billing will result in an immediate cancellation of recurring service.
A refund of fees for any non-recurring service(s) will result in immediate termination of access to the service(s).
On issuing a refund, the Website reserves the right to add the customer to the negative databases of our associated authorized billing agents, and to any third party fraud prevention agents associated with our products.
K) Safe Mode
In order to provide our Members with a safer user experience, we offer the “Safe Mode” feature. Safe Mode enables our Members to limit certain types of actions and information that the Website can provide, including but not limited to search results, and incoming communications. We reserve the right to modify or discontinue Safe Mode at any time whatsoever and we reserve the right to limit Safe Mode or parts of Safe Mode to paying Members. Additional information regarding Safe Mode is available on the Website.
L) Trusted Member
As an additional security feature for our Members, we offer the ability for any User to become a “Trusted Member”. A Trusted Member is any User who has validated his or her identity by either 1) obtaining a unique verification code by text message or voice call; 2) by calling the Website’s toll-free number; or 3) by providing credit card information. Trusted Members shall be uniquely identifiable on the Website and may have access to special features such as being able to search for other Trusted Members. The Website reserves the right to remove or modify the Trusted Member feature at any time whatsoever and without any prior notice. You agree and understand that we assume no responsibility or liability of any kind whatsoever related to any User abusing the Trusted Member feature or providing inaccurate information in the verification process. Additional information regarding the Trusted Member feature is available on the Website.
VIII) Limitations of Liability.
You hereby agree that we will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with these Terms or the Service, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to these Terms and the Service will not exceed the total fees paid by you under these terms.
A) Disclaimer of Warranties.
You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Website and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Website makes no warranty that:
1. the Service will meet your requirements;
2. the Service will be uninterrupted, timely, secure or error-free;
3. the results that may be obtained from the use of the Service will be accurate or reliable;
4. the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations;
5. that your email, profile, images, videos or blog will not be lost;
6. that the Website, Service or Content associated therewith is free of harmful or malicious code. You understand that neither we, our affiliates nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files you may access or download from the Website, any website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, protection of your computer(s) and for maintaining a means of reconstructing data that you might lose because of any harmful code you use, download or install; or
7. any errors in the software will be corrected.
Any material downloaded or otherwise obtained by you through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Website, our third party service providers, or through or from the Service will create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of these Terms, then this Disclaimer of Warranties will override it.
B) Limitation of Liability.
You agree that the Website will not be liable for any harms, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Website has been advised of the possibility of such damages), resulting from:
1. the use or the inability to use the Website or Service;
2. the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
3. unauthorized access to or alteration of your transmissions or data;
4. loss or misuse of data you posted, transmitted through, or otherwise communicated via the Website or the Service;
5. statements or conduct of anyone on the Service; or
6. any other matter relating to the Service.
You agree to protect and fully compensate the Website, and our principals, employees and agents, our service providers, billers and affiliates from any and all third party claims, liability, damages, expenses and costs (including but not limited to, reasonable attorneys fees) arising from your use of the Service, your violation of these Terms, your provision of Content to the Service, or your infringement or infringement by any other User of your account, of any intellectual property or other right of anyone.
D) Release of Liability.
You hereby release the Website and its principals, owners, operators, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials you may receive from the Website, Website affiliates, Website Content Providers, or other Users of the Service.
E) No Endorsement of Website Content or User Behavior.
You agree and understand that the Website is not responsible for any incorrect or inaccurate Content posted on the Website or transmitted via the Service, whether caused by Users of the Service, third party providers, third party advertisers, or by any of the equipment or programming associated with or utilized in the Service.
You acknowledge and agree that we do not endorse the Content posted or transmitted via the Service by any third party (including, but not limited to, Users, Members, advertisers, third party providers and Website affiliates) and are not responsible or liable for any Content, even though it may be inaccurate, unlawful, harassing, libelous, invasive of privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another individual or entity.
You acknowledge that we do not pre-screen Content, but that the Website and its assignees will have the right (but not the obligation) in its sole and absolute discretion to refuse, edit, move or remove any Content that is publicly available via the Service. If you encounter any Content that you feel violates any of these Terms, please contact us and provide a description of the situation, including a description of the content and its location.
Because the Website is not directly involved in any User interactions, in the event that you have a dispute with one or more Users or those who have posted, viewed or used information on the Website, you agree to release the Website, including its principals, owners, operators, employees, agents, subsidiaries and affiliates, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you receive any communication from, or encounter any material (including, but not limited to, text, images, graphics, digital audio/video/audio-video, User profile details or chat streams) that you feel violates any of these Terms, If you have received communications, or you have detected any material posted to the Website that you believe violates these Terms, please contact us using our online contact form here with a description of the situation, including message text and the User who sent the information to you.
Except as previously stated, and notwithstanding any promotional offers, the Website does not endorse, encourage, recommend or arrange personal or social communications or meetings among any Users of the Website or between any User and any Website affiliate or between any User and any Website Content Provider. You are expected to use common sense and take appropriate measures and precautions to insure your own personal safety and privacy in the event that you choose to communicate with, or meet with any individual with whom you have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Website, a Website affiliate or any Website Content Provider. You acknowledge and agree that the Website shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Users, Website affiliates, Website Content Provider, or through any use, directly or indirectly, of the Website or the Service. You further acknowledge and agree that the Website does not screen any communications between Website affiliates or Website Content Providers and Users, and the Website has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, Website affiliate or any other Users of the Website.
You acknowledge and agree that the failure of the Website, its assignees or its successors, or any the Website Content Providers or Website affiliates and their successors or assigns, to enforce any of the specific provisions of these Terms shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other rights.
You shall not, under any circumstances, have the right to transfer or assign your license to use the Website or any license(s) to use any Content you might obtain in association with the Website. You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or Service are for your individual use only. You must keep passwords issued by the Website and/or Website affiliates strictly confidential, and you hereby agree to do so. If you use a password that the Website considers to be insecure, we reserve the right to require the password to be changed and/or terminate your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other individual or entity is strictly forbidden.
Notices by the Website to Registered Users and Members may be given by electronic messages or by a general posting on the Service.
XI) Governing Law and Severability.
Except as otherwise expressly stated in these Terms, all matters relating to your access to, or use of, the Service shall be governed by the laws of BVI without regard to its conflict of laws provisions and any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by binding arbitration in accordance with the BVI Arbitration Act, 2013 as at present in force. The appointing authority shall be the BVI International Arbitration Centre. The number of arbitrators shall be one. The place of arbitration shall be BVI. The language to be used in the proceedings shall be English. The applicable substantive law shall be BVI. The award shall be final and binding and there shall be no appeal.
In any dispute, neither you nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons, or arbitrate any claim as a representative or class action in a private attorney general capacity. You acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim.
If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
XII) English Language.
XIII) Non-Waiver of Rights.
Our rights under these Terms may not be waived unless we agree to such change in writing. These Terms are personal to you and you may assign, transfer or delegate these Terms only with our prior written approval. Any other attempt to assign, transfer or delegate these Terms shall be null and void.
XIV) Entire Agreement.
Please contact us with any questions regarding these Terms. These Terms represent the entire understanding between you and the Website.