By creating an account or by using the Website, whether through a mobile device, mobile application or computer (collectively, the “Service”), you confirm that you have read, understand and agree to be bound by this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under settings, and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
1.1. Under the Agreement, the Company provides access to the Service functionality on terms and in the manner defined by this Agreement.
1.2. The Service is provided “as is”, without express or implied warranty or condition of any kind. You use the Service at your own risk. Emilydates disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. Company may on its sole discretion define the functionality of the Website and make any changes to the Website at any time.
1.3. If you purchase any functionality of the Service that Company may, from time to time, offer for a fee (the "Paid Service"), you authorize Emilydates and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Service (as set forth on the Service) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All prices for the Paid Service are subject to change without notice.
1.4. From time to time, Emilydates may offer free trials or other promotion.
1.5. Payment Method. Emilydates may, from time to time, offer various payment methods, including without limitation payment by credit card, by certain mobile or electronic payment providers. You authorize Emilydates to charge you for the Paid Service through any payment method(s) you select when purchasing the Paid Service (the "Payment Method") and you agree to make payment using such Payment Method(s).
1.6. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Service except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Company's sole and absolute discretion. The Company may, in its sole discretion, immediately deactivate User profile.
2. Rights and obligations of the Parties
2.1. No part of the Service is directed to persons under the age of 18. If you are under 18 years of age, you must not use or access the Service in any manner. By using the Service, you represent and warrant you are at least 18 years of age.
2.2. If you are under 18 years of age but have improperly accessed the service by providing false information to us, not only are you an unauthorized user using the Service in breach of this Agreement, but you may also be putting yourself and others in danger.
2.3. By using the Service, you represent and warrant that you have the right, authority and capacity under the applicable law to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If any such representations or warranties turn out to be false or misleading in any way, your membership will be terminated immediately without refund of any unused or used funds in your profile.
2.4. User agrees to use the Service in a manner consistent with this Agreement and all applicable local, state, national and international laws and regulations.
2.5. User understands the personal responsibility for maintaining the confidentiality of the username and password of User profile, and User is fully responsible for all activities that occur under his / her username and password, including the purchase of any of our Paid Service.
2.6. If otherwise is not provided, User can create only one valid profile for use of the Service. In the event one User has created more than one profile, the Company has the right to block all or some User`s profiles or deactivate all or some of such profiles. The Company may also refuse to re-register the User profile (including when the Company has deactivated all User`s profiles). In particular, it is prohibited to create a new profile after the Company has blocked any of the User's profiles, including using another IP address, contact and / or payment information. All fees and charges from the deactivated accounts are nonrefundable.
3. User Content
3.1. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Emilydates through the Service or to other users (collectively referred to as "post"), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are "User Content"). Emilydates does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is Emilydates liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
3.2. Although Emilydates does not prescreen, review, control, monitor or edit the User Content and is not liable for User Content that is provided by others, you agree that Emilydates may, at its sole discretion, review, edit, refuse to accept, delete, block (to make unavailable to third parties) any content, terminate or suspend User access to the profile, unilaterally terminate the Agreement, and delete the User profile, if Company becomes aware (including from third parties) that the usage of the Service violates or contributes to the violation of the rights of Company, the rights of third parties (including other users and / or visitors), any applicable local, state, national and international laws and regulations, the Agreement (including prohibited activities specified in Article 4 of this Agreement) and / or is inconsistent in any other manner with the purpose of the Service. The Company may apply any actions provided in this Article without prior User notification if it is considered as immediate and necessary measure in response to the alleged violation.
3.3. Emilydates claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Service or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Emilydates, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by Emilydates will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement.
4. Prohibited actions
4.1. You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other policy governing your use of the Service ("Prohibited Content"). Prohibited Content includes without limitation User Content that:
4.1.1. violates someone's data privacy or data protection rights, contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
4.1.2. contains any advertising or promotional content regarding any products or services;
4.1.3. discloses phone numbers, street addresses, last names, or e-mail addresses of a person without permission;
4.1.4. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
4.1.5. copies, modifies, publishes, adapts, sublicenses, translates, sells, distributes, transmits, performs, displays, reverse engineers, deciphers, decompiles or otherwise disassembles any portion of the Website or the Service or cause others to do so;
4.1.6. is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
4.1.7. interferes with the operation of the Service, accesses the protected information from the Service or gains unauthorized access to the Service, user profiles;
4.1.8. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
4.1.9. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, promotes or enables illegal or unlawful activities; or in the sole discretion of Emilydates is objectionable or restricts or inhibits any person from using or enjoying the Service or exposes Emilydates or its users to harm or liability of any type.
5. Change or termination of the Agreement
5.1. This Agreement may be modified by Emilydates in its sole discretion at any time. Emilydates shall provide notice of any such modification, notice shall consist of posting the revised agreement and/or notification through the User profile.
5.2. Unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions, and User use of the Service after such posting will constitute acceptance of the revised Agreement.
5.3. The User has the right unilaterally refuse from the Agreement by sending the notice to the Company by e-mail. In such a case, the User profile will be deactivated.
5.4. User shall not be entitled to terminate the Agreement or re-enter the Agreement in case his/her profile has been blocked or deactivated because of the breach of the Agreement.
6. Copyright Policy
6.1. If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Service (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Company's designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Copyright Agent
Address: 400 S. 4th Street, Suite 500 Las Vegas, NV 89101
Email: [email protected]
6.2. IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
7. Limitation of liability
7.1. The Company shall be liable only for the intentional breach of its obligations under this Agreement.
7.2. User agree to defend, indemnify and hold EmilyDates, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney's fees, due to or arising from User use of or access to the Service, including any data or content transmitted or received by User or any claim or damages that arise as a result of any of User Content. The specified obligation is due for performance within ten days from the moment of the request.
7.3. In the case of violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights by User (in any way, including: copying, distribution, making available to the public, transfer by means of communication), Company has the right to recover from the User the compensation in accordance with the applicable law.
7.4. In no event shall Emilydates, its affiliates, directors, members, employees or agents be liable for any harm or damages arising out of or relating to the theft or misappropriation of the username and password.
7.5. User confirm and agree that, in no event shall Emilydates, its affiliates, directors, members, employees or agents be liable for any special, consequential or indirect damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or relating to the use of or inability to use the Service, or change by the Company of this Agreement.
7.6. By using the Service, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not think they are reasonable, you must not use the Service.
You shall defend and indemnify Company and its directors, officers, employees, agents, stockholders, affiliates, subcontractors and customers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) incurred or suffered by Company arising out of any breach by you of any provision of this Agreement, or arising out of any claim that you have breached any provision of this Agreement.
9.1. Company may transfer, sub-contract or otherwise deal with Company's rights and/or obligations under this Agreement without notifying you or obtaining your consent.
9.2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
11. Entire agreement
The Agreement constitutes the entire agreement between you and Company in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.
12. Applicable Law
This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia without regard to the conflict of law principles thereof. However, using the Services, User shall take into account the legislation of the country in which User is located and / or the legislation that may be applicable to certain actions of User.
13.1. Mandatory Arbitration. Please read this Section carefully. YOU AND COMPANY, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
13.2. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Company, via any other method available to Company, including via e-mail. The Notice to Company must be addressed to Internet Website Limited (400 S 4TH Street STE 500, Las Vegas, Nevada, 89101) , Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Company may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Company, then Company will promptly reimburse you for your confirmed payment of the filing fee upon Company's receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
13.3. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia will be appointed pursuant to the Rules, as modified herein. You and Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
13.4. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND COMPANY AGREE THAT YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
13.5. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section 16.
13.6. Equitable Relief. The foregoing provisions of this Section 16 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Company or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Company, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
13.7. Claims. You and Company agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
13.8. Improperly Filed Claims. All claims you bring against Company must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Company may recover attorneys' fees and reimbursement of its costs, provided that Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
13.9. Modifications. In the event that Company makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to Company's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Company's Arbitration Notice Address, in which case your account with Company and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
13.10. Enforceability. If only the "No Class Actions" paragraph above or the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue of any state or federal court located in the Commonwealth of Virginia shall apply.
14.1. Parties agreed to consider the technical limitations, conditions of the Service provision, as well as this Agreement as obligatory.
14.2. The Parties recognize the validity of the documents sent online. Documents confirmed to electronically are recognized as legal and enforceable.
14.3. Emilydates provides assistance and guidance through its customer care representatives. We may, from time to time, create profiles which are created, maintained, and managed by our employees (“Staff Profiles”). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features, and functionalities, and to research our products and Services, as well as encourage further and broader participation in all of our Services.