Last updated on the 01-18-2023
These Terms and Conditions (together with the documents referred to in it, including our Privacy Policy) set
forth a
binding agreement ("Agreement") between you and Us, under which you may use this Website and associated services
offered
through this Website or application (together the "Services").
Please read these Terms and Conditions carefully before you start to use the Services.
By using this Website, you indicate that you accept these Terms and Conditions and our
Privacy Policy and that you agree to abide
by them. If you do not agree to these Terms and Conditions and our
Privacy Policy, or you are under 18 years
of age or under the age of majority in the country which you reside in if it happens to be
greater than 18-years old, please do not use this Website. Checking the designated box and clicking on the "I Agree"
button on the Sign Up page form you give us your acceptance of and agreement to these Terms & Conditions even if you
do
not read them. If you do not agree to these Terms & Conditions, you cannot access this Website.
There are some important provisions, which we would draw your attention to:
-
This is a flirting website for adults, it is not directed at minors, and if you are under 18 years of age or
under the
age of majority in the country which you reside in if it happens to be greater than 18-years old, you must
not use our
Website.
-
We are not responsible for anything that you do or say on our Website. We do however review all content
before it is
made available on the Website, this to ensure the content is legal and does not violate any laws or
standards. All
content is manually reviewed before it is made available on the Website. If you post something and we
receive a
complaint, we have the right to remove it if we believe it is in violation of any law or breaches these
Terms and
Conditions, or our Privacy Policy, please see clause 5,G for details about restriction of use of our
service.
-
WE DO NOT CONDUCT ANY BACKGROUND CHECKS, CRIMINAL CHECKS OR IDENTITY CHECKS ON ANY OF OUR WEBSITE'S USERS.
-
We do not get involved in disputes between you and any other user. We do get involved however if content
requires to be
removed. You take full responsibility and liability for all of your content, even if it breaches a third
party's rights
- you remain liable.
-
All paid Membership subscriptions (Premium Memberships) automatically renew for the period and price that
you signed up
to. You may cancel the auto-renew feature to avoid recurring charges, but you must act at least 7 days
before the next
renewal date to avoid renewal.
-
The Website is offering a communication service with the goal to allow the Users and Premium Members to
flirt with the
Profiles, against a certain Credit for each message. The Website is for communicative purposes only, and is
not indented
to be used for physical meetings.
-
You do understand, acknowledge, and agree that profiles on this Website are imaginary and will be associated with our
Website Hosts ("Hosts"). The Hosts work for the Website in an
effort to
stimulate conversation with Users, in order to encourage further and broader participation in all of our
Website's
services, including the posting of additional information and/or pictures to the Users' profiles. The Hosts,
together
with customer service, serve to sample User activities and communications to ensure compliance with our
Terms and
Conditions. You understand, acknowledge, and agree that the information, text, and pictures contained in the
Hosts'
profiles do not pertain to any actual person, but are included for the purposes above stated and for
entertainment only.
Nothing contained in any Host profile is intended to describe or resemble any real person - living or dead.
Any
similarity between Hosts user profile descriptions and any person is purely coincidental. Please also note
that a single
Host may be associated with more than one (1) user profile on our Website.
-
You further understand, acknowledge, and agree that, from time-to-time, Hosts may contact Users via both
computer-generated Instant Messages or emails for purposes of encouraging further or broader participation
in our
Website's services and/or to monitor User activity. These messages may be transmitted to multiple recipients
at the same
or similar time(s). Messages from Hosts will contain the uniform designation "Host" to notify the user that
a message
has been received from a Site Host. In the event the User responds to a Host message via email, the User may
receive one
or more additional personal or form responses from the Host. You understand, acknowledge, and agree that no
physical
meeting will ever take place between you and our Hosts, and that the exchange of messages between you and
our Hosts is
for entertainment purposes, as well as to encourage further or broader participation in our Website's
services and/or to
monitor User activities. Notwithstanding the above, the User is not guaranteed a response to any message
sent to a Host
(or another User).
-
WE RESERVE THE RIGHT TO AMEND THESE TERMS AND ANY DOCUMENT REFERRED TO AT ANY TIME. YOU ARE EXPECTED TO
CHECK THIS PAGE
AND ITS LINKED PAGES FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MAKE AS THEY ARE BINDING ON YOU.
SOME OF THE
PROVISIONS CONTAINED IN THESE TERMS AND CONDITIONS MAY ALSO BE SUPERSEDED BY PROVISIONS OR NOTICES PUBLISHED
ELSEWHERE
ON OUR WEBSITE.
Any user or Member that violates our Terms and Conditions or we believe was created fictitiously to participate in
prohibited activities may, at our sole discretion, be deleted.
-
DEFINITIONS
“Content” is all information present on the www.smoothflirts.com in the form of (but not limited to) text, images,
graphical elements and technical codes.
“Credit” is what the User must purchase to be able to send messages to the Profiles.
“Premium Membership” shall mean the exclusive service of www.smoothflirts.com that provides the User with access to the photo gallery of
Profiles and accessibility to see Profiles that have visited
the User’s profile.
“Profile” shall mean a profile displayed on www.smoothflirts.com that contains a photo, username and account information of
a certain person.
“Service” shall mean the services provided by www.smoothflirts.com which the User has access to with a valid username and
password, and therefore all features that the Website provides,
including but not limited to its messaging service.
“User” shall mean a person with a valid username and password for this Website.
“Website” is www.smoothflirts.com
operated and managed by Oceans 561 Inc that is
accessible to the User via computer or a mobile device.
-
THE PARTIES TO THIS AGREEMENT
This Website is owned by and operated by Oceans 561 Inc. The Website is operated only as an online
flirting service.
You are entering into this agreement with Oceans 561 Inc.
Our contact details are:
Name: Oceans 561 Inc
Address: 700 S Rosemary Square, Suite 204, West Palm Beach, FL 33401, USA
Phone: 1-888-478-1443
Email for Customer services:
[email protected]
-
ABOUT THE WEBSITE
-
OUR PROVISION OF THE SERVICES
We provide online entertainment and flirting services through our Website enabling you to contact
and engage in
interaction with the Profiles. This is a flirting website for adults designed as a discreet and
exciting place to
exchange messages with other like-minded or share photos, stories, and other information. It is
intended to be a fun
place to visit and it is important to us (and for you) that it remains a safe and friendly
environment so you agree that
you will only use our Website in a manner consistent with its purpose and according to these terms.
We are continually developing our offerings to our users and we may offer additional services or
revise the scope of the
Services at our discretion and with or without notice to you, and these Terms and Conditions will
apply to all
additional or revised Services.
The Website specifically prohibit the use of the Website to promote or facilitate prostitution or
trafficking of another
person in any way possible, if you do so we will terminate your account immediately and report you
to the authorities.
We also reserve the right to stop offering the Services.
To avoid doubts, the Website is an entertainment service offered for amusement purposes. You
understand, acknowledge,
and agree that some profiles appearing on the Website may be created or operated by third-party
contractors. The purpose
of these types of profiles is to stimulate conversation with Users and encourage further and broader
participation in
all services. In addition, these types of profiles serve to sample user activities and
communications to ensure
compliance with these Terms. You understand, acknowledge, and agree that said profiles do not
pertain to any actual
person but are included for the reasons stated hereinabove. You further understand, acknowledge and
agree that our
personnel or contractors may contact Users, from time to time, via computer-generated instant
messages or emails for
purposes of encouraging further or broader participation. Such messages and emails can also serve
the purpose of
monitoring user activity. If a User responds to such initiated message or email, the User may
receive one or more
further communications from our personnel or contractors. You understand, acknowledge, and agree
that no physical
meeting will ever take place and that the exchange above of communications is for your entertainment
and amusement, to
encourage broader participation and use of the Website, and to monitor user activities. For dating
platforms, you may
need to ask for a test login with premium access to check the available options (as sometimes, such
basic features as
writing/receiving messages may be available for premium users only).
-
WARRANTIES BY YOU IN USING THE SERVICES
- By accessing the Website or purchasing our services, you certify to
us that:
- You have reached the age of majority where you live and that you have
the legal capacity to agree to these terms;
- You own (or have permission to use) any credit card you used to
purchase our Services with and have authorized us (or
our authorized payment processing agent) to charge the credit card according to the
membership you chose (which may
include automatically recurring charges until canceled);
- You are aware of the mature nature of the materials manifested, you
agree to receive them, and you are not offended by
these materials;
- You access the Website voluntarily and for your own personal
enjoyment, you will not seek to obtain commercial gain, or
obtain money or other benefits from other users or profiles, fraudulently or otherwise;
- You have never been convicted of a felony and that you are not
required to register as a sex offender with any
government entity;
- Your use of the Website is not prohibited or restricted by your
jurisdiction;
- You have complied and will continue to comply with the laws and
regulations of the jurisdiction from which you access
this Website;
- All information that you submit when you register is accurate and
truthful and that you will promptly update any
information that you provide that later becomes inaccurate, misleading, or false; and
- You will not share this Website or its contents with a minor or
otherwise make them available to a minor;
- You state that you have the right, authority, and capacity to enter
into and be bound by these Terms and Conditions and
that by using our Website you will not be violating any law or regulation of the country in
which you reside. You are
solely responsible for your compliance with all applicable local laws and regulations;
- You further state that you have not been convicted of and are not
subject to any court order relating to assault,
violence, sexual misconduct, or harassment.
-
HOW YOU CAN ACCESS OUR SERVICES
Our Website is a meeting place for adults that features a rich collection of online resources, including
various
communication tools, chat services, match game, browse and filter Profiles. You may only use and become a
registered
user or member of our Website if you are 18-years old or older (or the age of majority in the country in
which you
reside if that happens to be greater than 18-years old).
You can only use this Website by signing up as a User.
-
ABOUT SUBSCRIPTIONS AND BILLING
-
ABOUT THE PAID FOR SERVICES
We offer you the opportunity to pay for certain services offered on the Website. These services
include Credit to use as
messages, for Premium Membership which give you access to photo gallery and view profiles that have
visited your
profile.
You are responsible for all costs associated with your use of your selected payment method
including, for example,
exchange rates, transaction fees, interest, and other fees charged by your credit/debit card
companies and banks. We
reserve the right to offer free membership to any person of our choice at any given time, for any
duration, while
charging other members, at the same time. We also reserve the right to cancel the membership at any
time, for all or any
of our members.
An User profile Maintenance Fee of up to $19.99 will be charged to your User profile in the event that you are inactive - do not sign-in - for 14 days or more, the User profile Maintenance Fee will be charged every 30 days until you sign-in to your User profile again, this in order for you to keep your User profile with all your details, even when you are not active. The Maintenance Fee is not going to be applicable to the users who have purchased Premium Membership.
When you come active again, after having been inactive for a period and charted the Maintenance Fee as described above, you will be able to convert the latest Maintenance Fee into a 30 days complimentary use of the Premium Membership. To avail this you will need to reach out to our Customer Support via phone on 1-888-478-1443 or via email on [email protected]. Please note, that you have no rights to a refund on any Maintenance Fee charged to you.
The fee payable for the Premium Membership is set out on the payment page when you are making the
payment. Please review
the payment page very carefully when you make the payment.
Please be aware that if you subscribe to the Premium Membership, you will become liable for
automatic renewal billing.
THIS MEANS THAT THE MINIMUM DURATION OF YOUR CONTRACT WILL BE FOR THE INITIAL PERIOD, AND THIS WILL
AUTOMATICALLY RENEW
UNTIL YOU CANCEL YOUR SERVICE.
We reserve the right to alter our subscription package at any time (in accordance with our process
noted below at
section 5, C, and you will have the option to cancel your membership if you do not agree with the
changes being offered
to you.
-
AUTOMATIC RENEWAL BILLING – PREMIUM MEMBERSHIP
We operate an automatic renewal billing policy on our Premium Membership subscription.
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. From time to
time we enroll our
loyal customers in a loyalty program where the randomly chosen customers will be granted a
discounted membership price
on the next payment only.
You must provide current, complete, and accurate information for your billing account. You agree to
promptly update all
information to keep your billing account current, complete, and accurate (such as a change in
billing address, card
number, or expiration date), and you will promptly notify us if your payment method is canceled
(including if you lose
your card or it is stolen), or if you become aware of a potential breach of security (such as an
unauthorized disclosure
or use of your name or password). If you fail to provide us any of this information, we will hold
you responsible for
the fees accrued under your billing account. In addition, you authorize us to obtain updated or
replacement expiration
dates and card numbers for your credit or debit card as provided by your credit or debit card
issuer.
-
PRICE CHANGES
We reserve the right to alter our prices at any time and any change in your subscription price, with
at least 30 days
written notice, you will then have the option to cancel your membership if you do not agree to any
of the changes.
-
DISPUTES ABOUT BILLING AND REFUNDS
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. All disputes must be raised as soon as possible after the disputed transaction
occurs.
Premium Membership fee should be cancelled to avoid any future charges. If you cancel the Premium
Membership you will be
entitled to receive the full benefits of the Premium Membership until the end of the already paid
Premium Membership
period, after the end of such period the cancellation will result in termination of access to the
Premium Membership.
We only refund unused Credits.
We do not provide cash refunds; our authorized billing agent refunds the requested transaction back
to you.
To request a refund, you must contact our customer service department through our support channels;
email or telephone.
On issuing a refund, the Website reserves the right to add you to the negative databases of our
associated authorized
billing agents, and to any third-party fraud prevention agents associated with our products.
-
PERSONAL USE
Your User profile is for your personal use only. You may not authorize others to use your User
profile or attempt to use
another User's profile. You must not assign or otherwise transfer your User profile to any other
person or entity.
You are solely responsible for your own actions and those of anyone using your User profile, and
assume all liability
regarding, (i) the information and content you or anyone using your User profile, posts on your
behalf; (ii) and the
information and content you or anyone using your User profile post, transmit, publish, or otherwise
make available
through the Services.
-
YOUR USE OF OUR SERVICES: INFORMATION YOU SUBMIT
If you register with us to use our Services, you warrant that you will:
- Provide all the information required to complete the registration
forms for our Services; and
- Ensure the information you provide is complete, accurate and up to
date and you will promptly update all information to
keep your User profile and billing information complete and accurate upon any change (such
as change of billing address,
credit card number or expiration date); and
- You have not and will not access or use the Services from any place
or jurisdiction where such use is prohibited or
contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your
jurisdiction; and
- You have not and will not access or use the Services from any place
or jurisdiction where such use is prohibited or
contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your
jurisdiction; and
- If you create a User profile, you confirm you have never (i) been
convicted of a felony; and (ii) are not required to
register as a sex offender with any government entity or agency; and
- Only post information and content that is relevant and in compliance
with the purpose of our Service (please see below
under section 5, G "Restrictions on your use of the Website" for further details of the
restrictions on the type of
information and content you can post); and
- Be fully responsible for all use of your User profile and for any
actions that take place using your User profile
whether by yourself or any other person using your User profile.
-
RESTRICTIONS ON YOUR USE
You agree that you will not post any content on or through the Services, transmit any content to
others, communicate any
content, provide links to any content, or otherwise engage in any activity through the Services
that, in our sole
judgment:
- impersonates or otherwise misrepresents affiliation, connection or
association with, any person or entity;
- discloses any personal or confidential information of any person or
organization without first obtaining their consent
or solicits another person's personal information for commercial or unlawful purposes;
- discloses, solicits or requests personal information from anyone
under the age of 18 or discloses or solicit passwords
for unlawful purposes;
- contains any material which is technically harmful (including,
without limitation, computer viruses, logic bombs, Trojan
horses, worms, harmful components, corrupted data or other malicious software or harmful
data);
- promotes racism, bigotry, hatred or physical harm against any group
or individual;
- promotes or enables illegal or unlawful activities;
- is intended to harass, annoy, threaten or intimidate any other
members or other people or organizations;
- is defamatory, inaccurate, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial
hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of
privacy, harms minors in any
way (a minor being a person aged under 18 or under the age of majority in the country which
you reside in if it happens
to be greater than 18-years old ) or which may cause annoyance or inconvenience;
- is in any way related to child pornography, bestiality, rape (or
other non-consensual sexual behavior), mutilation of a
person or body parts, any act or depiction of parties being harmed or forced (includes but
is not limited to rape, drugs
and alcohol), any anti or exploitive religious, gender or age specific acts (sexual
exploitation);
- is deliberately misleading or fraudulent;
- contains others' copyrighted content (such as music, videos,
photographs, images etc.) trademarks, patents, trade secret
or other proprietary information, without first obtaining their consent;
- uses the Services for chain letters, junk mail or spam e-mails;
- interferes or disrupts networks connected to the Services or attempts
to interfere with the proper functioning of the
Services (including imposing an unreasonable load on the technical infrastructure used to
operate the Website);
- contains any material which may infringe or violate any third party's
rights;
- violates any applicable local, state, national or international law;
- provides material support or resources (or conceal or disguise the
nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the various governments as a
foreign terrorist organization;
- stalks or otherwise harasses another person, profile or user;
You must not:
- upload, post, email, transmit, or otherwise disclose another person’s
private information;
- access data not intended for such user or logging into a server or User account which the
user is not authorized to
access;
- attempt to probe, scan or test the vulnerability of the system or network or to breach the
security or authentication
measures of the Website without proper authorization;
- attempt to interfere with service to any user, host or network, including, without
limitation, via means of submitting a
virus to the Services, overloading, flooding, spamming, mail bombing or crashing or
otherwise attempting to deny service
to the Website or the server of any user;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any
content transmitted through the
Services;
- send unsolicited messages, including promotions and/or advertising of products or services;
- forge any TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting for any reason;
- use any information obtained from the Services in order to contact, advertise to, solicit,
or sell to any user or member
without their prior express consent.
If you breach the terms of this subsection, we reserve all rights, claims and causes of action we
may have, statutory or
otherwise, including but not limited to, the right to seek statutory penalties for each such
unsolicited communication
you send through the Services.
Further, if you breach the terms of this subsection, we reserve all rights on our sole judgment to
close your User
profile immediately without any notification and to contact and inform the local authorities in your
jurisdiction.
Finally, we will review all Content you upload to the Website before it is visible to other users,
if you are found to
be in non-compliance with any laws and regulations, these Terms and Conditions, or the Privacy
Policy, we shall have the
right to immediately block your access and usage of the Website and we shall have the right to
remove any non-compliant
content and or comment forthwith, uploaded by you and shall further have the right to take
appropriate recourse to such
remedies as would be available to it under the law.
-
MEMBERS OUTSIDE THE EEA
By registering and creating a User profile you consent to the wider dissemination of the information
you provide in that
profile to the Profiles of the Services and third party service providers, some of whom may be
outside the European
Economic Area ('EEA'), to allow you to use the online environment. We will keep your personal
information confidential
except: (i) where you or anyone using your User account have posted it for publication or display;
or (ii) to the extent
that we are compelled to disclose it by law or to comply with an instruction of a regulatory body of
competent
jurisdiction.
For full details on how, where and for what purposes your data is stored and transferred please
review our Privacy Policy.
-
BACKGROUND AND CRIMINAL CHECKS OF USERS
You are solely responsible for your interactions with other Profiles of this Website. You understand
that we do not in
any way: (1) monitor the activity of our users either offline or online; (2) screen or interview our
users; (3) inquire
into the background of our users (including conducting criminal background checks); or (4) attempt
to verify the
accuracy or statements made by users. We make no representations or warranties about the conduct of
users or those
acting on their behalf. You will take reasonable precautions in all communications, meetings, or
interactions with other
Profiles of the Website. You should not divulge personal or financial information to strangers.
-
OUR RIGHTS
-
OUR PROPRIETARY RIGHTS
You acknowledge and agree that the copyrights, trademarks and other intellectual property rights
including registered
and unregistered trademarks, across the Services and the content provided as part of the Services
belongs to us or is
used under exclusive license by us. No rights in respect of the Services or the content provided as
part of the Services
are granted to you other than those expressly set out in these Terms and Conditions.
-
TO USE YOUR CONTENT FOR OUR OWN PURPOSES
By posting information or content including but not limited to copyrighted content, name and
likeness and photographs to
your User profile pages, you automatically grant, and you represent and warrant that you have the
right to grant to us,
a non-exclusive, royalty free, worldwide license to use, copy, publish, display, reformat, translate
and distribute, and
broadcast, such information or content and to grant and authorize sub-licenses of the same. You
further waive any moral
or potential infringements rights you may have in any such information or content. We may assign or
sublicense the above
license to our affiliates and successors without any further approval by you.
Full details on how we use your information is contained within our Privacy Policy.
-
TRANSFER OF PROFILE DATA FOR RE-BRANDING AND OTHER CORPORATE ACTIVITIES
In accordance with our Privacy
Policy, in order to ensure a smooth transition of the service to another company within our
corporate group, or to a third
party, in the event of a re-branding within our group or in the event of a merger, acquisition,
reorganization, sale of
any or all of our assets, as explained in our Privacy Policy your data may be transferred as it is
considered to be an
asset of ours. In such cases you will be informed about how your data is being handled, used,
transferred and/or
processed via electronic messaging or by a general posting on the service.
Unless you are advised in such communications that a service is ending, for all services that are
transferred, the
assumption is that your subscription and automatic renewal billing will continue unchanged until you
cancel it on the
new website or by contacting the new website operator(s) or owner(s).
-
THIRD PARTY RIGHTS
By submitting content to our Website, you are certifying that you are the exclusive author and owner of that
content
(and that our use will not infringe or violate the rights of any third party, including privacy rights,
publicity
rights, intellectual property rights, contract rights, or any other rights) and you agree that you waive any
moral
rights relating to that content (including the right to be identified as the author). We have the right to
disclose your
identity to any third party who is claiming that any content posted or uploaded by you to our Website
constitutes a
violation of their intellectual property rights or of their right to privacy or any other law.
-
CANCELLING YOUR USER PROFILE AND CUSTOMER COMPLAINT HANDLING
-
TERM AND TERMINATION
These Terms and Conditions will become effective from the point at which you access the Website.
User Profile if you do no longer wish to maintain a User Profile on the Website, you will
need to terminate your User
profile, to avoid User profile Maintenance Fee, as described under Clause 5.A. A User can terminate
the User Profile by
contacting our Customer Support via phone on 1-888-478-1443 or via email on
[email protected].
The Premium Membership subscription will be automatically extended for successive renewal
periods of the same duration
and rate as the subscription term originally selected in accordance with the Automatic Renewal
Billing process explained
in these Terms and Conditions.
Please note that you must terminate your subscription at least 7 days prior to the end of the
subscription period for
which you have paid to avoid being charged for the next subscription period. To change or terminate
your subscription at
any time, please contact our Customer Support via either email [email protected] or via
phone on 1-888-478-1443. Either
you, or us, may terminate your User or Membership profile at any time and for any reason by sending
notice to the other.
We reserve the right to immediately suspend or terminate your access to any of the Services, without
notice, for any
reason. We also reserve the right to remove your User or Membership profile information or data from
our Services and
any other records at any time at our sole discretion.
If your access to any of the Services is suspended due to any suspected (in our opinion acting
reasonably) or actual
breach of these Terms and Conditions, you agree that all fees paid to us are final and all
outstanding or pending
payments will immediately be due.
Any notices from you addressed to the Website and/or in the name of www.smoothflirts.com for
anything not related to membership, user management or technical support should, unless otherwise
specified in these
Terms and Conditions be sent via registered mail to the company’s address;
Oceans 561 Inc
700 S Rosemary Square, Suite 204, West Palm Beach, FL 33401, USA
USA
-
YOUR RIGHTS TO CANCEL AT ANY TIME
You may cancel your registration or subscription at any time by giving us notice of your wish to
cancel by telephone or
email:
Telephone: 1-888-478-1443
Email: [email protected]
When emailing us you must include your profile information (screenname and email address) in order
for us to verify that
you are in fact the User or Membership profile account holder authorized to amend the account.
Please be aware that any notice of intention to cancel shall take effect upon receipt by us. It is a
breach of these
Terms and Conditions to provide your User or Membership profile details to any other person or
third-party company.
Therefore, only cancellations requested by you as a genuine User or Member of the Services will be
effective. A
cancellation initiated by any other party or entity, will not be considered a valid cancellation and
you will continue
to be charged.
-
OUR CUSTOMER COMPLAINT POLICY
If you have any queries about these Terms and Conditions, the Services or if you wish to make a
complaint then please
contact us as follows:
Telephone: 1-888-478-1443
Email: [email protected]
When emailing us you must include your profile information (screenname and email address) in order
for us to verify that
you are in fact the User or Membership profile account holder authorized to amend the account.
-
LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES
-
DISCLAIMER OF WARRANTIES
This section will apply to the maximum extent permitted by applicable law.
We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of
any kind, whether
express, implied, statutory or otherwise with respect to the Services (including all information
contained therein),
including but not limited to any implied warranties of merchantability, satisfactory quality,
fitness for a particular
purpose or non-infringement.
We do not warrant that your use of the Services will be secure, uninterrupted, always available,
error-free or will meet
your requirements, or that any defects in the Services will be corrected. We disclaim liability for,
and no warranty,
representation, condition or other term is made with respect to, the connectivity and availability
of the Services. The
Website and our Services are provided on an "as is" and "as available" basis. You are responsible
for making all the
necessary arrangements to ensure you can access the Website (including Internet provider and mobile
Internet provider
fees and, any other charges associated with that access). We will not be held responsible for any
reduced functionality
you may encounter because of or in connection with accessing the Website through mobile services or
any similar service
currently known or developed in the future.
You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no
warranty that the
Website or any content will meet your needs or requirements. We disclaim all warranties—express,
statutory, or
implied—including warranties of merchantability, fitness for a particular purpose, workmanlike
effort, accuracy,
completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and
warranties that your
access to the Website will be uninterrupted, error-free, or that content loss will not occur. There
are no warranties of
any kind that extend beyond the face of these terms or that arise because of course of performance,
course of dealing,
or usage of trade.
The Website may contain errors, omissions, inaccuracies, or outdated information. We cannot
guarantee and do not promise
any specific results from use of the Website or its services. We do not warrant the reliability of
any statement or
other information displayed or distributed through the Website. We reserve the right to correct any
errors or omissions
in any portion of the Website.
Opinions, advice, statements, offers, or other information or content made available through the
Services, but not
directly by us, are those of their respective authors, and should not necessarily be relied upon. We
do not: (i) warrant
or guarantee the accuracy, completeness or usefulness of any information provided on the Services,
or (ii) adopt,
endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or
statement made by any party
other than us. Under no circumstances will we be responsible for any loss or damage resulting from
anyone's reliance on
information or other content posted on the Services, provided through the Services, or transmitted
to or by any Users,
Profiles or Members.
-
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event will we be liable for any direct, indirect or
consequential loss or
damage arising out of or relating, directly or indirectly, to the use or inability to use the
Services, including,
without limitation, loss of income or revenue, loss of corruption of data or programs, loss of
goodwill and loss of
anticipated savings, even if we know or have been advised of the possibility of such loss arising.
To the maximum extent permitted by applicable law, in no event will we be liable for any claims,
losses or damages
whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or
incidental, arising out of
or relating to the conduct of you or anyone else in connection with the use of the Services,
including without
limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting
from communications
facilitated by the Services.
Our total liability to you in connection with these Terms and Conditions or the use of the Services
shall be limited as
to the fees paid by you to us for use of the Services as a User or Member.
Nothing in these Terms and Conditions will limit or exclude our liability for: (i) death or personal
injury arising from
our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us.
-
INDEMNITY
You agree to indemnify us, our officers, directors, employees, agents and third parties for any
claims, causes of
action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to
or arising,
directly or indirectly, out of: (i) your, or anyone using your User or Membership profile account's
use of or inability
to use the Services, (ii) any content or information posted by you or anyone using your User or
Membership profile
account, (iii) your or anyone using your User or Membership profile account's violation of these
Terms and Conditions or
your or anyone using your User or Membership profile account's violation of any rights of a third
party, or (iv) your or
anyone using your User or Membership profile account's violation of any applicable laws, rules or
regulations.
We reserve the right, at our own cost, to assume the exclusive defense and control of any matter
otherwise subject to
indemnification by you. You agree to provide us with full co-operation if we choose to exercise this
right.
-
LINKS TO OTHER THIRD PARTY WEBSITES
Where our Website contains links to other websites and resources provided by third parties, these
links are provided for
your information only. We have no control over the contents of those websites or resources and
accept no responsibility
for them or for any loss or damage that may arise from your use of them.
-
ENTIRE AGREEMENT, GOVERNING LAW AND CLASS ACTION WAIVER
-
ENTIRE AGREEMENT
These Terms and Conditions, and the pages throughout this Website and Services to which these terms
refer, constitute a
contract that governs the relationship between us and you. They cancel and replace any conditions
that may have been
agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the
rights and
obligations in place between us.
-
JURISDICTION AND APPLICABLE LAW
These Terms and Conditions and the documents referred to in them shall be governed and construed in
accordance with the
law of USA. Any disputes relating to these Terms and Conditions, the documents referred to in them
or the Website or
the Services will be subject to the exclusive jurisdiction of the USA courts.
-
CLASS ACTION WAIVER
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 OR 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.