1. AGE AGREEMENT
You represent, warrant and covenant that you are at least 18 years old as a member of the Service or by using this Website. By using the Website, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms and Conditions.
2. PROHIBITIONS
you will not post on the Service, or transmit to other members or employees of the Company, or use the Service to engage in, any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images; defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, offensive to employees of the company or other members or illegal material or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights).
(a) you will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you;
(b) you will not solicit or attempt to solicit any money from any member or other user of the Service or the Website;
(c) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
(d) you will not forward chain letters through the Service;(d) you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
(e) you will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights;
ii. is fraudulent, misleading or otherwise unlawful or violates any law;
(f) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
(g) You will not engage in or use the website or service for any unauthorized or advertising to, or solicitation of, other members to buy or sell any products or services through the Service or any other unauthorized commercial purposes. You will not transmit any chain letters, junk email, spam or engage in any unsolicited mail distribution of email to other users of the Service.
(h) you will not cause damage or harm to the service, other members computer systems, or the services computer system by posting or uploading any viruses, trojan horses, computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware; or anything similar that might cause harm or damage.
(i) you will not publish, reveal, post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, last names, full names through your publicly posted information such as member profiles, message board posts or email subject lines.
3. PRIVATE USE
Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. You are authorised to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.
you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
4. NO LIABILITY
The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service nor a matchmaking service. The Company is under no obligation to broker any other member or members for you.
4.1 Exposure to viruses -You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.
4.2 No Warranties-You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by AsianDatingRealms.com, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by AsianDatingRealms.com or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
4.3 No Responsibility-NO WARRANTIES. The service is provided on an as is basis. We do not warrant or grant any warranties of any kind, express, implied, statutory, in any communication with the company, or its representatives or otherwise with respect to the service that your use of the service will be always available, uninterruptible, error free, meet your requirements, secure or that any defects or shortcomings will be corrected. You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
Where permitted by law, you acknowledged that the service is provided without any warranties or implied warranties of merchantability and fitness for a particular purpose or non C infringement.
4.4 No warranties as to accuracy - We do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.
4.5 Implied warranties excluded - To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:-
i. the supply of the Services again; or
ii. the payment of the cost of having the Services supplied again.
4.6 No liability for loss - We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or the Website or with any delay or inability to use the Service or the Website, or for any information, products and other services obtained through the Service or the Website, or otherwise arising out of the use of the Website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage;(b) The Company does not accept any responsibility or liability for any information or material which you submit to the Service or the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Website by other members or users;(c) The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.
4.7 No warranty as to identity of member - You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website.
4.8 Release - You hereby waive, release, forgive, discharge and relinquish any and all Claims that you now have or may have against the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives which are connected with, arise out of or relate directly or indirectly to your use of the Service or the Website.
5. PERSONAL INFORMATION
By using the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.
You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
5.1 Modifications-We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
5.2 Disclosure and Other Communication-We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any AsianDatingRealms.com related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
5.3 Removal of Information-While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.
ONLINE CONTENT. Opinions, advice, statements, offers, or other information or content made available through the Service are those of their respective authors, and not of the Company, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to users of the Service.
5.4 Security of information - Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
6. PRIVACY POLICY
Please refer to our privacy policy.
7. INTELLECTUAL PROPERTY
The Company retains all right, title, and interest in the Service and the Website and the corresponding intellectual property rights and reserves all rights not explicitly granted.
The Service contains information which is proprietary to us our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.PROPRIETARY RIGHTS. The Company owns and retains other proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. In addition, other users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8. SPECIFIC WARNINGS REGARDING ONLINE DATING
8.1Risks - You acknowledge that there are risks involved in online dating, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretence or for a criminal purpose.
8.2 Own risk C You acknowledge that your use of the Service and the Website is solely at your own risk.
8.3 Failure to comply - The Company accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
9. COMPANY RIGHT
9.1 Right to Use Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
9.2 Monitoring of Information-We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.
9.3 Assignment-You do not have the right to assign this Agreement or any of your rights to the Service to anyone. AsianDatingRealms.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of AsianDatingRealms.com, if AsianDatingRealms.com's obligations hereunder are assumed by a third party, AsianDatingRealms.com shall be relieved of any and all liability under this Agreement.
The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. The Company shall have the right, in its sole discretion, to remove any such material, including, without limitation, material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of the Company, you remain solely responsible for the content of the materials you post in the public areas of the Service and your private communications.
INFORMATION SUPPLIED BY MEMBER. The personal information you provide the Company (including sensitive personal information) will be stored on computers. You consent to the Company's (and its affiliates') using this information to build a profile of interests, preferences and browsing patterns and to allow you to participate in the Service. You also agree to read, review, comply with, uphold and maintain the Company's privacy policy and the terms and conditions thereof. If you are located outside of the United States, please note that the information you provide is being sent to the United States. By becoming a member of the Service, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service.
9.4 Monitor information - We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms and Conditions.
9.5 Editing information - While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms and Conditions or to be otherwise unacceptable.
9.6 Termination of your access to Service - We may, in our absolute discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.
9.7 Terminationof membership by us - We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by the Company in connection with your membership.
9.8 No waiver - If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
9.9 Severability - If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.
9.10 Variation - We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms and Conditions as amended.
9.11 Assignment - You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that Interactive Connection's obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.
9.12 Relationship C You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.
10. FEES AND PAYMENT
You must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.
You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
Cancellations: You may cancel your paid membership by going to the Billing Information section of your account. Simply click on "Turn it Off" to disable the Auto Renewal feature of your account. You will not be given a refund for unused time.
Subscription costs, rates and related fees may be changed by us at any time and each renewal of your subscription will be at the then-standard renewal rate for the payment period you originally selected when you subscribed.
11. COMPLAINTS
To resolve a complaint regarding the Service, you should first contact customer support at CustomerCare@AsianDatingRealms.com.
12. INDEMNITY AND RELEASE
INDEMNITY BY MEMBER. You will defend, indemnify, and hold harmless the Company, its affiliates, related bodies corporate, shareholders, its parents, subsidiaries, officers, directors, employees, agents and third parties, for any losses, costs, claims, damage, tax (including general sales tax), liabilities and expenses (including reasonable attorneys' fees) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives relating to or arising out of or in connection with your use of the Service or the Website, including without limitation any breach by you of this Agreement or Claims made by other parties against you, any allegation that any materials that you submit to the Company or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party and/or (iii) any other activities in connection with your use of the Service. This indemnity shall be applicable without regard to the negligence of any party including, without limitation, any indemnified person. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
