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| 1.
| INTRODUCTION |
| 1.1
| These
Terms set out your rights and obligations and those of Cyber Encounters LLC who
is the operator of SDate (“SDate”, “we” or “us”)
in relation to this site and the dating and other services offered by SDate through
it (“the Service”). |
| 1.2 | By
registering as a member participating in and using the Service you (“the
Member”) accept these Terms of Use and agree to be bound by these. |
| 1.3 |
Visitors to the Service who do not register to become a Member also affirm that
they are bound by these Terms of Use each time they access the Service or use
such parts of the Service as they are permitted to use. |
| 1.4 | SDate
is an adult dating site and the content of the site, together with the communications
you may receive from other members of the site, may be of an explicit sexual nature.
By using the site and registering as a member, you acknowledge that you are not
offended by such material, you are represent that you are acting in a personal
capacity not representing any law enforcement agency, and that you are over the
legal age of majority in your region. |
| 1.5 |
You should be aware that these Terms of Use may be amended in accordance with
Clause 13 below. |
| |
| 2. |
MEMBERSHIP |
|
2.1 |
People who register for the Service become “Members”. They must be at
least 18 years of age (or 21 if the jurisdiction requires). In registering as
a Member you are confirming that you are over the minimum age limit. |
| 2.2 |
Members will have access to the facilities as described in the appropriate male/female
joining page, and such facilities may be modified or enhanced by SDate from time
to time at its discretion. |
| 2.3 | Male
members who join the site are required to pay the membership fee as per the current
tariff that appears on SDate and the membership will continue for the duration
of the period chosen. Full payment for the required period must be made at the
start. Payment may be made by any of the options shown on the SDate site for the
region required. Membership will be effective within 24 hours of receipt of request
and payment details, but may take longer if SDate cannot locate a payment, or
if additional verification is required, or an e-mail address provided is incorrect,
or a payment (e.g. cheque/check) needs time to clear or SDate cannot obtain the
funds from the issuing authority. SDate may make reasonable enquiries with various
sources to satisfy itself that the payment is valid and the intending Member is
the owner of the credit/debit card or other payment instrument being used. SDate
may request a Member to provide verification documents or refuse a membership
request at its discretion. |
| 2.4 | Members
who are joined on a "free female membership" basis will have specific
restrictions imposed on their facilities to contact other female members, as determined
and changed from time to time by SDate. Such restrictions are designed to deter
fraudulent male members who may pose as fake female members to try and obtain
free membership and thus abuse the site operation. |
| 2.5 | Where
a member does not use the site for a period of time, or is unable to do so due
to not properly following the configuration instructions given on SDate or due
to some problem on the members PC, or a member does not start using the site once
SDate has setup the membership, the membership period will still continue to run
and no extension will be given. The exception to this is where the cause of the
inability to login is clearly due to SDate and SDate has been immediately informed
of this by the member using the 'Contact Us' facility on the site with the specific
details of any login difficulty. |
| 2.6 | In
any circumstances, , the date the membership setup e-mail was sent by SDate will
be taken as the start date of membership, and will continue until midnight of
the last day of the chosen period. |
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| 2a | PAYMENT
FREQUENCY |
| | All
payments are made in accordance with the published tariff on the membership joining
page. WE ONLY CHARGE YOU ONCE at the start for the period chosen.
We DO NOT charge further recurring payments automatically to your
credit/debit card at anytime. The only time you pay is when you manually make
a payment for a new membership by entering your card details on our secure payment
pages, and if you specifically chose to upgrade/extend/renew your membership and
re-enter your payment details again. |
| | |
| 3. |
OUR OBLIGATIONS |
| 3.1 |
We provide a venue
for like-minded people who are looking for adult dating to communicate with each
other with a view to arranging real liaisons and other adult activities on a mutual-consent,
no-fee basis.
We make reasonable efforts to attract as many suitable people as we reasonably
can to the site, of varying ages and tastes, and throughout as much of the region
as reasonably possible in which the site operates. However, ultimately, we cannot
guarantee that there will be matching members in a particular required location
at a particular date, nor can we guarantee that members will choose the communicate
- the choice whether to contact or response to another member is entirely a member's
personal decision, and SDate cannot require any member to do so. |
| 3.2 | Members
may opt to use any of the optional SMS services subject to payment of any required
fees if the service is offered by SDate in their region. In use of the SMS facilities,
SDate will send out SMS messages in a timely manner to the mobile number provided,
allowing for any operational characteristics of the mobile phone network who processes
and delivers the SMS message, and also the power and signal status of the mobile
phone receiving the message. |
| 3.3 |
Whether you are a Member or a visitor to the Service you acknowledge that we are
not and cannot be responsible for the behavior or communications of other Members
or visitors whether on the Service or outside of it. We only provide a venue for
Members and others to access the Service. You should be aware that SDate does
not pre-screen or monitor the material contributed by Members, and you should
make appropriate enquiries and take all routine precautions before arranging to
meet someone. To assist you, our Safety Policy is provided on our home page for
advice. |
| 3.4 |
We have put in place a Privacy Policy and this forms part of our Agreement
with Members. As part of this policy:- |
|
3.4.1 | Members
authorise SDate to disclose non-sensitive personal data, that has been submitted
as part of your Profile on the service, to other parties. If you indicate that
you do not wish SDate to do so, and you do so specifically using the appropriate
Remove/Cancel function on the Members Menu, then we will remove your details within
3 working days. |
| 3.4.2 |
SDate agrees not to disclose sensitive personal data without the express consent
of the Member, subject to clauses 5.8-5.9 below. |
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| 4. |
YOUR OBLIGATIONS |
| 4.1
| The
Member is solely responsible for the content, quality and accuracy of the information
he/she provides. |
| 4.2
| The
Member may not post, transmit or otherwise use any information gained from SDate’s
website without the express permission given by the owner of that information. |
| 4.3
| The
Member shall not interfere or attempt to interfere with the operating of the website
in any way nor by any means and/or device including but not limited to spamming,
hacking, sending of automated emails, uploading computer viruses or time bombs
andor other means expressly prohibited by any provision of these Terms of Use. |
| 4.4
| The
Member shall not use any SDate website to transmit vulgar, racist, libelous or
otherwise offensive and/or illegal material of any kind. |
| |
| 5.
| OUR
RIGHTS |
| 5.1 |
SDate may but is not obligated to monitor the Services and the information contained
on it, to maintain it or protect the rights of users. |
| 5.2 |
SDate reserves the right to decide upon the way and means of displaying the information
provided by SDate’s users including but not limited to deciding upon conditions
for priorities in search results: SDate shall not be required to disclose any
of these conditions, being SDate intellectual property. |
| 5.3 |
SDate reserve the right to remove any materials at any time, at its sole and absolute
discretion including but not limited to removing profiles with invalid e-mail
addresses, removing multiple users profiles and to refuse any material deemed
offensive, racist or otherwise unfit. |
| 5.4 |
SDate reserve the right, without any prior notice, to cancel the access and/or
membership of any user not complying with these Terms of Use or any guidance notes
on the Service and the member in these circumstances shall not be entitled to
any refund. |
| 5.5 |
SDate shall have the right regardless of the reason, at its sole discretion, to
terminate, change, suspend or discontinue any aspect of the website, including
but not limited to content, features, or hours of availability. SDate may also
impose limits on certain features and services or restrict the Member’s access
to parts or the entire website without notice or liability. |
| 5.6 |
SDate may from time to time provide access to third party sites for the benefit
of members. SDate will be under no liability for any material displayed or contacts
made through these sites or for any loss suffered or for any other sites which
members may be able to access through the Service. |
| 5.7 |
In the event of any dispute or disagreement between members SDate reserve the
right to resolve any disputes between members and SDate’s decision shall
be final in the matter. |
| 5.8 | Where
a member or site user has a dispute with another member or site user, SDate shall
not be obliged to release one party's details to the other unless ordered to do
so by a competent Court and provided any costs incurred by SDate are met in full
and in advance by the requesting party, and that SDate is indemnified against
any claim against it by the other party. |
| 5.9 | Where
a credit/debit card or other payment instrument is subsequently declined by the
issuing bank at anytime during or after the period of membership, the Member agrees
to reimburse SDate's bank charges, and also replace the original payment using
alternative means within 5 working days. The Member also agrees to be liable for
all associated collection costs, legal fees and court costs reasonably incurred
by SDate in collecting an overdue debt. SDate may use all the information it has
available in respect of the Member to recover the payment. This includes accessing
archival records of emails and SMS messages sent by or to the Member. In such
circumstances, where SDate is satisfied that a Member is seeking to avoid payment
or intentionally made a false payment, the obligations for confidentiality in
this agreement will not apply and SDate may use the available information to trace
the Member, and take legal action to enforce payment of the outstanding debt,
and also share the Members details with its bank, fraud prevention and credit
reference agencies. |
| |
| 6.
| INTELLECTUAL
PROPERTY |
| By
submitting any material to the content of the SDate Service you:-
(a) are
representing that you are fully entitled to do so;
(b) grant us a non-exclusive,
royalty-free, non-terminable license right to copy, modify, distribute, show in
public and create derivative works from that material in any form, anywhere; and
(c) authorise us to adapt the relevant material in the course of doing so, and
so waive your moral rights to object to any derogatory treatment, or to be identified
as the author, of the material in question. |
| You
acknowledge that all copyright, trade marks and other intellectual property rights
in and relating to the SDate Service (including the material which is contributed
by Members) are owned by SDate. It is easy to copy material which appears on websites,
but this does not mean it is legal. Therefore, no-one may copy, distribute, show
in public or create any derivative work from the SDate Service, or any of the
material which is found on the SDate Service unless properly licensed to do so
by us. |
| |
| 7.
| EXCLUDED
LOSS |
| We
will not be liable to you or any third party for any indirect or consequential
loss or damage, or for any loss of data, profit, revenue or business, howsoever
caused (whether arising out of any negligence or breach of these Terms of Use
or otherwise) or any claim for defamation or libel. SDate will also not be liable
for any failure to perform any of its obligations under this Agreement caused
by matters beyond its reasonable control. |
| |
| 8.
| MAXIMUM
LIABILITY |
| Without
limiting the preceding Clause, during any period of twelve months, the aggregate
liability of SDate under these Terms of Use (whether arising in negligence or
otherwise) will not under any circumstances exceed the greater of:
(a) $25.00
(or its Sterling equivalent); or
(b) an amount equal to the sums actually
paid by you to us by way of membership fees paid by the member during the relevant
period of twelve months, regardless of the cause or form of action. |
| |
| 9.
| NON-EXCLUDED
LIABILITIES |
| Nothing
in this Agreement limits SDate’s liability for death or personal injury resulting
from our negligence, or any other liability which may not by law be excluded.
Any statutory rights you may have as a consumer remain unaffected. |
| |
| 10.
| INDEMNITY |
| You
agree to indemnify us against all liabilities, claims and expenses that may arise
from any breach of these Terms of Use of the Service by you or through a machine
on which you access the Service. |
| |
| 11.
| ASSIGNMENT |
| We
reserve the right to assign this Agreement, and to assign or subcontract any or
all of our rights and obligations under this Agreement. You may not without the
written consent of SDate assign this Agreement. |
| |
| 12.
| ENTIRE
AGREEMENT |
|
These Terms of
Use include our Privacy Policy. Together they contain the whole of the agreement
between us and you concerning the SDate Service (“the Agreement”) and
they replace all earlier agreements and understandings with you, except for any
fraud or fraudulent representation by either of us. A person who is not a party
to this Agreement has no right under the Contracts (Rights of Third Parties) Act
1999 to rely upon or enforce any term of this Agreement. |
| |
| 13.
| CHANGES
TO THIS AGREEMENT |
|
SDate reserves
the right to change this Agreement from time to time and post the new version
on the SDate Service. When we do so, we will notify you of the fact that there
are changed terms on the main screen and the new version of these terms and conditions
will take effect, and will govern all SDate Services and your relationship with
SDate:
(a)
commencing four weeks after the date of posting (or such later date as SDate indicates
in the relevant posting), if any of the changes is to an operative provision of
this Agreement which is capable of adversely affecting you; if you do not wish
to be governed by the new version of the Agreement, you may notify us on or before
the date when the new version of the Agreement is to take effect, and from that
date you must cease to use the SDate Service; or
(b) immediately upon
the date of posting (or such later date as SDate indicates in the relevant posting),
if the changes are not to operative provisions, or not capable of adversely affecting
you – examples of which would include, without limitation, changes to one
or more of SDate’s addresses or e-mail addresses referred to in this Agreement.
|
| | |
| 14. | SEVERABILITY |
| | In
the event that any term of this Agreement is held to be invalid or unenforceable
by judicial decree or decision, the remainder of this Agreement shall remain valid
and enforceable. |
| |
15.
| LAW |
| This
Agreement shall be governed by and construed in accordance with the laws of England
and Wales. |
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| 16
| CANCELLATION
POLICY |
| 16.1 | You
may cancel your subscription at any time by using the cancellation option on the
Members Menu after logging in to the site. You must do so from the e-mail address
you registered with. Cancellation and removal of any listing/photo profile will
take effect within 3 working days of notice of cancellation being received. Alternatively,
you may write to us at our notice address below, stating your e-mail address and
SDate password. |
| 16.2
|
Cancellation requests made once a membership request and payment details have
been received on our systems will not be entitled to a refund. We do not offer
refunds for partial periods where a membership is canceled part way through its
intended term. |
| 16.3 | On
cancellation of a membership, any unused SMS credits will be forfeited. |
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| 17. |
NOTICES
Any notices to be served to SDate are to be sent to:-
In
the UK:
Cyber Encounters, 78 York Street, London W1H 1DP, UK
In
the USA and Canada:-
Cyber Encounters, Manhattan Business Centre, 410 Park
Avenue, 15th Floor, New York NY 10022, USA |
