Last Updated: March 1st 2019
Welcome to the website of DateSpot. It The following terms of service govern your access to and use of the website located at adate4me.com, including any content, functionality, and services offered on or through adate4me.com (the “Website”), whether as a guest or a registered user.
Please read these terms carefully before you start to use the Website because your access is on the condition that you agree to these terms. Please pay special attention to the following sections: (1) fantasy profile interactions (section 8); (2) disclaimer of warranties and limit on liability (section 14); (3) place for resolving disputes (section 17.2); (4) mandatory mediation and arbitration (sections 18.3 and 18.4); (5) jury trial waiver (section 18.7); (6) class action waiver (section 18.8); and (7) limitation on time to file disputes (section 18.9).
By accessing the Website, or by clicking to agree to the terms when we make this option available to you (for example, during registration), you agree to these terms. If you do not want to agree to these terms, you must not access or use the Website.
Minors Prohibited. The Website may contain sexually explicit content and is not intended for minors. Only adults who are at least 18-years old and who have reached the age of majority in their community may access the Website. We forbid all persons who do not meet these age requirements from accessing the Website.
Section 230(d) Notice. Under 47 U.S.C. § 230(d), we notify you that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Drafting Notice. We present these terms in a relaxed question and answer format for the most part. We do this for your convenience, not ours. By presenting these terms in question and answer format, we do not imply or suggest that they do not form a binding agreement between you and us. These terms are just as binding as if we presented them to you in a stuffy legal format that only people of legal training would understand.
You should read these terms in full because they apply every time you visit the Website. But just in case you ever need a quick reminder of the important points, here’s a summary:
If you are under 18-years old and the age of majority in your community, unfortunately you can’t use the Website yet because it’s a meeting place for adults only.
We’re not responsible for anything that you post or say while you are on the Website, and we don’t monitor the content of the Website, but if we do see or someone tells us that you have posted something that we think is inappropriate, we may remove it.
We do not conduct criminal background screening of our users. To learn about online dating safety, please visit Get Safe Online.
If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You must take responsibility for what you post.
We use fantasy profiles (that is, virtual profiles) to stimulate interaction and conversations among users.
All disputes are subject to mandatory mediation and mandatory arbitration in the California USA privacy policy. It will tell you what you need to know.
If you are concerned about how the Company is using your data, please refer to our privacy policy. It will tell you what you need to know. We may change these terms on one or more occasions, but changes will not apply to ongoing disputes or to disputes arising out of events happening before the posted changes.
2.1 The Website is a casual dating website designed as a forum for meeting new people, a place to have discussions of a sexual nature, and to share photos 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 the Website in a manner consistent with its purpose and according to these terms.
2.2 The Website may contain uncensored sexually explicit material unsuitable for minors. Only adults who are at least 18-years old and who have reached the age of majority in their community may access this Website. If you do not meet these age requirements, you must not access this Website and must leave now.
2.3 By accessing the Website or purchasing premium services, you state that the following facts are accurate:
(a) You are at least 18-years old and have reached the age of majority where you live, and you have the legal capacity to agree to these terms;
(b) You own (or have permission to use) any credit card you used to purchase premium services with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the premium service you chose (which may include monthly automatically recurring charges until canceled);
(c) You acknowledge that while the Website is a casual dating network, some registered users of the network may upload materials that are erotic in nature, and that they may contain graphic visual depictions of sexual activity and nudity;
(d) You are aware of the pornographic nature of the content available on the Website, and you are not offended by content of this nature, including content depicting men or women in various sexual situations;
(e) You access the Website voluntarily and for your own personal enjoyment;
(f) Your use of the Website is not prohibited or restricted by your jurisdiction;
(g) You have complied and will continue to comply with the laws of the jurisdiction from which you access the Website;
(h) All information and data that you submit when you register is accurate, and you will promptly update any information and data that you provide that later becomes inaccurate;
(i) You will not share this Website or its content with a minor or otherwise make it available to a minor; and
(j) By logging on, you will have released and discharged the providers, owners, and creators of the Website from all liability that might arise.
3.1 To access the Website or some of the resources it offers, we may ask you to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate. If you are an entity, the person whose email address is associated with the account must have the authority to bind the entity to these terms. You acknowledge that our privacy policy governs all information you provide to register with the Website or otherwise, including using any interactive features on the Website, and you consent to all actions we take with respect to your information consistent with our privacy policy.
3.2 If you choose, or we provide you with, a username, password, or any other piece of information as part of our security procedures, you will treat this information as confidential, and you will not disclose it to any other person. You acknowledge that your account is personal to you, and you will not provide any other person with access to the Website or parts of it using your username, password, or other security information. You will promptly notify us about any unauthorized access to or use of your username or password or any other breach of security. You also will make sure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activity initiated under your username and password, and we will not be liable to you if another person logs into your account and steals your information. We will hold you responsible if another person logs into your account and uploads infringing or prohibited content to the Website or if a minor uses your account to access the Website.
3.3 We may disable any username, password, or other identifier, whether chosen by you or provided by us, if, in our opinion, you have breached any provision of these terms.
4.1 Who can use the Website?
Anyone who satisfies the eligibility requirements set out in section 2.3.
4.2 Do I have to pay to use the Website?
No, but you must pay to access some of the features and services available on the Website. Premium members can (1) send and reply to messages without limits, (2) check all search results, (3) view photos in full size, (4) access all member photos, (5) check full profile info, and (6) contact popular members.
4.3 What kind of content may I post on the Website?
At this time, you can only post photographs and text. But there are some rules about what is acceptable, so when you are using the Website you must not post or send any content that:
(a) Contains expletives or language that could be considered offensive or is likely to harass, upset, intimidate, embarrass, alarm, or annoy any other person;
(b) Is obscene or otherwise may offend human dignity (including child pornography);
(c) Is abusive, insulting, or threatening, or that promotes or encourages racism, sexism, hatred, bigotry, or physical harm of any kind against any group or individual;
(d) Requests money from, or is intended to otherwise defraud, other users of the Website;
(e) Encourages any illegal activity, including prostitution, terrorism, inciting racial hatred, or the submission of which in itself amounts to committing a criminal offense;
(f) Is defamatory, libelous, or promotes information that is false or misleading, or otherwise objectionable;
(g) Relates to commercial activities, including sales, competitions, sweepstakes, advertising, pyramid schemes, links to other websites, or premium line telephone numbers;
(h) Involves the transmission of “junk mail,” “chain letters,” or “spam” (or “spimming,” “phishing,” “trolling,” or similar activities);
(i) Shows another person, which was created or distributed without that person’s consent;
(j) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) Provides material that exploits people in a sexual, violent, or other illegal way, or solicits personal information from anyone under 18-years old;
(l) Provides instructional information about illegal activities, including making or buying illegal weapons or drugs; violating someone’s privacy; or providing, distributing, or creating computer viruses;
(m) Contains any spyware; adware; malware; ransomware; viruses; corrupt files; worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment; Trojan horse; or any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from the Website or otherwise;
(n) Impersonates, or otherwise misrepresents affiliation, connection, or association with, any person;
(o) Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships, including inside, proprietary, or confidential information;
(p) Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users can type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
(q) Solicits passwords or personally identifying information for commercial or unlawful purposes from other users, or distributes another person’s personal information without his or her permission;
(r) Offers money or other consideration in exchange for sex;
(s) Promotes an illegal or unauthorized copy of another person’s copyrighted work, including providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio, or video, or links to pirated images, audio, or video; or
(t) Itself, or the posting of which, infringes any nonparty’s rights, including intellectual-property rights and rights of privacy and publicity.
Please use your common sense when picking the content that you choose to post or send through the Website because you are solely responsible for, and bear all liability in relation to, that content. We may investigate and take appropriate legal action against anyone who breaches this provision, including removing the offending communication from the Website and terminating or suspending the account of any violators.
4.4 Are there any rules about personal information like my email address?
You should not display any personal contact or banking information on your individual profile page whether about you or any other person, including names, home addresses, zip codes, telephone numbers, email addresses, URLs, and credit/debit card or other banking information. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. You acknowledge that any person visiting the Website may view any content you post on the Website. You acknowledge that we are not responsible for, and cannot control, the use by others of any information you provide about yourself on or through the Website. We encourage you to use the same caution in disclosing details about yourself to people online as you would under any other circumstances.
4.5 What about other people’s personal information, can I use it?
No. The Website is for personal use only. You will not use the Website for any commercial endeavors, including (1) advertising or soliciting any user to buy or sell any products or services that we do not offer, or (2) soliciting others to attend parties or other social or networking functions for commercial purposes. You will not use another user’s personal information unless your use matches the Website’s purpose of allowing people to meet one another. You will not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. Organizations, companies, or businesses will not use the Website or its services for any purpose.
We may terminate your account if you misuse other users’ information. In addition, we may investigate and take any available legal action in response to illegal or unauthorized uses of the Website, including collecting usernames or email addresses of users by electronic or other means for sending unsolicited email and unauthorized framing of or linking to the Website. If you suspect someone is engaging in these types of activities, please email us at support@cserv5.com.
4.6 Some of my friends want to see all the people I’m chatting with. Can I tell them my login details and let them log on as me?
The short answer is no. Only you are authorized to access your account on the Website. You must not share your login details with anyone or let anyone else access your account as this jeopardizes the security of all the content and personal information that you have submitted to the Website. You are responsible for keeping your login details secret and secure. If you don’t, we will not be liable for any unauthorized access to your account. If you suspect that someone has gained access to your account, you must let us know promptly by emailing us at support@cserv5.com and telling us of your suspicions or concerns. You must also promptly change your login details. We may terminate your account if you breach our rules on keeping your login details secure.
4.7 Who can see the content that I post on the Website?
When you upload content to the Website, anyone may access or view it. If you do not want others to see your content, you should not upload it to the Website. We may remove, edit, limit, or block access to any content that you upload or submit to the Website at any time without notice. We are not required to display your content, check the accuracy of user generated content, or monitor your or other users’ use of the Website.
5.1 Do you restrict the number of profile or chat messages I can send in a 24-hour period?
At this time, we do not impose any restrictions on the number of profile or chat messages you can send in a 24-hour period. But we may in the future restrict the number of profile or chat messages that you can send to other users in any 24-hour period to a number that we consider appropriate.
5.2 Do you conduct criminal background checks on registered users?
We do not conduct criminal background checks on registered users. You are solely responsible for your interactions with other users of the Website. We do not (and will not) (1) monitor the activity of our users, (2) screen or interview our users, (3) investigate the background of our users, or (4) try to verify the accuracy of statements made by users. We are not making any warranties about the conduct of users or those acting on their behalf. We recommend that you take reasonable precautions in all communications, meetings, or interactions with other users on the Website. We also recommend that you consider the following online dating safety tips:
Anyone who can commit identity theft can also falsify a dating profile. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your Internet profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it. If you choose to have a face-to-face meeting with another user, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around. To learn more about online dating safety, please visit Get Safe Online.
5.3 Do you monitor the Website?
We do not prescreen or preemptively monitor the content or conduct on the Website. We do not and cannot monitor everything that takes place on the Website, and we rely on you to bring any abuse to our attention promptly. You acknowledge that you may be exposed to content from a variety of sources that while using the Website and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for that content. You also acknowledge that you may be exposed to content that is inaccurate, offensive, obscene, indecent, or otherwise objectionable and you waive any rights or remedies you might have against us for this exposure.
While we assume no responsibility to monitor the Website for inappropriate content or conduct, if we choose to do so, we will not be liable for any action or inaction for transmissions, communications, or content provided by any user or nonparty. We may delete any submission that we believe breaches these terms or may be otherwise offensive or illegal. We also may delete any submission that harms or threatens the safety of any person or that otherwise violates another person’s rights.
We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content or engaging in conduct in breach of these terms. You waive any claims you might have against us—including our affiliates, licensees, and service providers—resulting from any action taken by us during or because of our investigations and from any actions taken because of investigations by either us or law enforcement authorities.
5.4 Can I hold you responsible for the conduct of another user?
No. We are not responsible for the conduct of any user. We will not be liable to you for any losses or damages arising out of or relating to the conduct of you or anyone else in using the Website or the service. We also will not be liable to you for any losses or damages resulting from communications or meetings with other users or persons you meet through the Website. You acknowledge that we are not making any guarantees—either express or implied—about your ultimate compatibility with anyone on the Website.
5.5 What if I have a dispute with another user?
Unfortunately, we cannot get involved with or mediate disputes between users for legal reasons (feel free to blame our lawyers). You hereby release us from all liability arising out of disputes between you and other users or nonparties.
5.6 What type of activities does the Website prohibit so I do not accidentally cross the line?
We may investigate or terminate your account if you have misused the Website or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Website, but involve users you meet through the Website. The following is a partial list of the type of actions that you must not engage in concerning the Website or its services. You must not:
Verbally abuse other users;
Pretend you’re someone you’re not; Solicit money from any users;
Upload tasteless or obscene material;
Do anything illegal on the Website;
Spam our users;
Post photos of your children;
“Stalk” or otherwise harass any person;
Express or imply that we endorse any statements that you make; Ask or use users to hide the identity, source, or destination of any illegally gained money or products;
Use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website, its services, or its contents;
Collect usernames or email addresses of users by electronic or other means for sending unsolicited email or unauthorized framing of or linking to the Website;
Interfere with or disrupt the Website or the servers or networks connected to the Website;
Email or otherwise send any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
Forge headers or otherwise manipulate identifiers to disguise the origin of any information sent to or through the Website (either directly or indirectly through use of third-party software);
“Frame” or “mirror” any part of the Website without our advance written consent;
Use meta-tags, code, or other devices containing any reference to us or the Website (or any trademark, trade name, service mark, logo, or slogan of ours) to direct any person to any other website for any purpose;
Change, adapt, sublicense, transfer, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of the Website or any software used on or for the Website, or cause others to do so; or
Post, use, send, or distribute—directly or indirectly—any content or information obtained from the Website other than solely for your use of the Website according to these terms.
6.1 Once I have uploaded content on the Website, do I still own it?
We do not claim any ownership rights in the contributions that you post on or through the Website. After contributing to the Website, you continue to retain any ownership rights that you may have in your contributions, subject to the limited license described in this paragraph. By contributing, you hereby grant us a perpetual, nonexclusive, fully-paid, royalty-free, sub-licensable, worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell, and distribute the contribution through the Website, in all media now known or later created and in any other way in our sole discretion. The license you grant us is nonexclusive (meaning you are free to license your contribution to anyone else besides us); fully-paid and royalty-free (meaning that we are not required to pay you for the use of your contribution to the Website); sub-licensable (so that we can use our affiliates, subcontractors, and other partners, including Internet content delivery networks and wireless carriers to provide the services); and worldwide (because the Internet and the Website are global in reach).
By posting or sending content on or through the Website, you state that the following facts are accurate:
You own or have the necessary right to use and authorize us to use all copyrights, patents, service marks, trademarks, trade secrets, and any other proprietary rights in the contribution to allow inclusion and use of the contribution in the way contemplated by the Website and these terms;
Your contribution does not infringe any intellectual property or privacy rights of any person or threaten the personal safety of any person;
You are not posting any content depicting any person under 18-years old; and
You have a signed written consent or release for each identifiable person (other than you) in the contribution to use their name or likeness to allow inclusion and use of the contribution in the way contemplated by the Website and these terms.
We may disclose your identity or other information about you to any person who claims that any content posted or uploaded by you to the Website infringes that person’s intellectual property rights, right to privacy, or any other law.
6.2 Whom does the rest of the content on the Website belong to then?
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, and the design, selection, and arrangement of it) are owned by us, our licensors, or other providers of these material and are protected by Seychelles and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.
These terms allow you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of these materials in RAM incidental to your accessing and viewing these materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on the condition that you agree to be bound by our end user license agreement for those applications.
If we provide social media features with certain content, you may take those actions as are allowed by the social media features.
You must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, video, or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these terms, your license to access the Website will terminate and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you; we reserve all rights not expressly granted here. Any use of the Website not expressly permitted by these terms is a breach of these terms and may violate copyright, trademark, and other laws.
6.3 May I use any of the content that doesn’t belong to me?
No. Except for what you submit to the Website, you do not have any rights to the content on the Website, and you must not use any content in any way that may infringe any other person’s rights. This means that you must not copy, modify, adapt, distribute, publish, or sell any part of the Website or the content contained on it (other than content you submit) to anyone else. You must not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
7.1 What can I buy on the Website?
We offer you the opportunity to pay for certain premium services offered on the Website. Our premium services include various opportunities to find and meet additional people, to customize your profile, and to boost your profile so more people find you. You may purchase premium services after you register, and you can subscribe to the premium services for various lengths of time. Once you have paid for any premium services, they are nonrefundable. If you initiate a chargeback or otherwise reverse a payment made by you using your chosen payment method, we may terminate your account.
7.2 How do I renew my premium services with the Website?
If you have requested a premium service, you authorize us to charge your chosen payment method until you cancel the premium service. The fee for our premium services will be billed at the beginning of the paying portion of your membership and each month afterwards unless and until you cancel the premium services. If you want to cancel or change your payment method, you can do so by visiting our payment processor’s support page at http://www.netbilling.com. Your subscription to the premium services will automatically renew for an additional equivalent period at the price you agreed to until you cancel. You acknowledge that your account will be subject to this automatic renewal feature.
You must provide us accurate information for your billing account. You must promptly update all information to keep your billing account accurate (for example, a change in billing address, card number, or expiration date). You must 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 (including an unauthorized disclosure or use of your password). If you don’t provide us any of this information, we will hold you responsible for the fees incurred under your account. 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.
7.3 How do I cancel my premium services with the Website?
You may cancel your premium services at any time by visiting our payment processor’s support page at http://www.netbilling.com. You will continue to have access to the premium services through the end of your monthly billing period.
7.4 Can I get a refund if I am not satisfied with the premium services?
Payments are nonrefundable and there are no refunds or credits for partially used periods.
7.5 Can I transfer any of my paid for services to another user?
No. If you purchase premium services, you must only use these services for yourself and must not transfer (free or as a sale) to or purchase from other users or third persons. We may refuse to honor any paid for services where you have tried to transfer those services to another user or third person or have tried to buy those services from another user or third person. We will only provide paid for services to you if you purchased them directly from us.
8.1 Will I really hookup using the Website?
The Website is a casual dating and social networking website for adults. All profiles are provided for the entertainment of our users. We are not making any guarantee that you will find a date, that you will meet any of our users in person, or that any given person or profile manifested on the Website is available or interested in dating or communicating with you or anyone else.
8.2 Does the Website use virtual or fictitious profiles?
Yes, we do for testing and behavioral/social studies. Some of the user profiles posted on this Website are fictitious, and are associated with our “Virtual Profile” (VP) service. We designate these profiles with a written “VP” on the profile details page. Our VP service is part of our efforts to stimulate conversation with users to encourage further and broader participation in all of our Website’s services, including the posting of additional information or pictures to our users’ profiles.
Initial messages from our VP service may be automatically generated with no human involvement, and third-party contractors hired or contracted by us may generate messages or correspondence from then on. The VP service is also intended to proactively monitor user activities and communications to ensure compliance with these terms. You acknowledge that the information, text, and pictures contained in the VP service profiles do not pertain to any actual person, but are included for entertainment purposes only. Nothing contained in any VP service profile is intended to describe or resemble any real person—living or dead. Any similarity between VP user profile descriptions and any person is purely coincidental. A single VP may be associated with more than one profile on the Website. You can readily identify and distinguish VP service profiles from user profiles by the VP appearing on each VP profile, and the absence of any “interests” or geographic “location” identifier contained in the VP profile. 8.3 Is there anything else I need to know about the virtual profile feature?
On one or more occasions, VP profiles may contact users through computer-generated instant messages or emails to encourage further or broader participation in the Website’s services or to monitor user activity. These messages may be transmitted to multiple recipients at the same time. Messages from VPs will contain the uniform designation “VP” to notify the user that the user has received a message from a VP.
You acknowledge that no physical meeting will ever take place between you and the individuals providing our VP service, and that the exchange of messages between you and the VP is for entertainment purposes, as well as to encourage further or broader participation in the Website’s services or to monitor user activities. We do not guarantee that you will receive a response to any message you send to a VP or any other user.
Nothing contained in this section will create any right to, or expectation of, interaction between users and VP profiles or the individuals creating VP profiles. You should direct any question regarding the VP service and participation on the Website to us at support@cserv5.com.
9. Access to the Website
9.1 Do you guarantee that the Website will be up and running at all times?
Unfortunately, we can’t guarantee that because sometimes we have to carry out maintenance to the Website or it may be affected by a fault or circumstance outside our control, so we provide the Website on an “as is” and “as available” basis. We are not making any warranty about the quality, accuracy, functionality, availability, or performance of the Website. We may suspend, withdraw, or change the service provided on the Website without notice and without incurring any liability to you.
9.2 What about mobile access?
You are responsible for making all the necessary arrangements to make sure 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 liable 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.
By accessing the Website or agreeing to receive messages or notifications from the Website through your mobile phone or any other connected media device (including a tablet), you acknowledge that you may incur charges from your Internet or mobile service provider. We will not be liable to you for those charges under any circumstances.
9.3 I’m not registered and I can’t seem to access some content on the Website. Why is that?
Nonregistered users can access only that part of the Website that is publicly available. They will not have a profile or the ability to upload any content. The extent of registered users’ access to the Website will depend on meeting certain criteria relating to their profile or whether they have purchased premium services. We may change the criteria on one or more occasions without notice.
10.1 Termination of use by us
My profile has disappeared and I can’t log in. What’s going on?
Sometimes people forget about the terms and post content or act in a way while on the Website that is not consistent with the purpose of the Website. If we think that you may be one of those people, we may at any time and without notice:
(a)Suspend or cancel your account and your right to access or use the Website or submit any content to the Website; and
(b)Make use of any operational, technological, legal, or other means available to enforce the terms (including blocking specific IP addresses).
10.2 Termination of use by you
They say that you can have too much of a good thing.… What do I do if I want to “remove” myself from the Website?
If you have registered with the Website, you can cancel your account at any time by going to the “My Account” overview page, click on “Account Settings” and then simply click on “Terminate Account,” which is highlighted in red. Users who have purchased premium services will also need to cancel their recurring subscriptions through our payment processor’s support page at http://www.netbilling.com; clicking on “Terminate Account” will not cancel your recurring subscription. We save your profile information in case you later decide to restore your account. Many users cancel their accounts for temporary reasons and in doing so expect us to keep their information until they return to the Website (if this is not true for you, please email us at support@cserv5.com and we will permanently delete your information). You will thus be able to restore your account and your profile in its entirety within six months of canceling it. After you cancel your account, we may delete any related content that you have submitted or uploaded to the Website. For more information, please see our privacy policy.
Content that you have uploaded to the Website, other than your profile (for example comments or email messages), may still appear on the Website after you cancel your account.
11.1 Someone is not obeying the terms, whom do I tell?
You can report any abuse or complaint about content on the Website by contacting us at support@cserv5.com and outlining the abuse or complaint. You can also request us to block a user from contacting you by sending an email to support@cserv5.com. In the future, we may allow you to block or report a user directly from the user’s profile by clicking on a link on that user’s profile and selecting the reason for the complaint.
11.2 Someone is infringing my copyright; how do I report it?
We respect the intellectual property rights of others and expect users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) your contact information, including your address, telephone number, and an email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
It is our policy to terminate the user accounts of repeat infringers.
Do you have guidelines in place about what you can do with my personal data?
We process information in accordance with our privacy policy. For more information about how we collect, use, and share your information, please review our privacy policy. You agree that by using the Website you consent to the collection, use, and sharing (as set out in the privacy policy) of your information, including the transfer of this information to the United States or other countries for storage, processing, and use by us.
Are the links on the Website anything to do with the Website?
The Website may contain links to other websites, resources, and purchase opportunities provided by third parties. We provide these links to you for your information only. If you access these links, you may be directed to third-party websites. These third-party websites will have their own terms and privacy policies, which may differ from ours. Our display of links to third-party websites does not constitute an endorsement by us of any of the third-party content, information, websites, or resources provided.
Please understand that we have no control over the contents of third-party websites or resources, and we accept no liability for them, including the third-party website’s compliance with any laws.
14.1 I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?
No. If you act in a way that upsets other users, you will be responsible for the consequences. We will not be liable for your conduct or the conduct of any other user of the Website, and we will not be liable for content uploaded by you or by any other user.
14.2 My friend is a lawyer and says that you can’t exclude liability for everything…
Nothing in these terms limits or excludes our liability for:
(a) Death or personal injury caused by our proven gross negligence or willful and wanton misconduct; or
(b) Any liability that cannot be limited or excluded by law.
14.3 Okay, so what can’t I sue you for?
(a) Disclaimer of Warranties
(i) You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on the Website, or on any website linked to the Website.
(ii) Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. We provide the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranties, either express or implied. We are not making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website. We are not making any warranties (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that our Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations. Nor do we make any warranties about any content submitted by any user, any third party’s use of the content that you submit, or that we will make available or store on the Website any content you submit.
(iii) We are not making any warranties—whether express, implied, statutory, or otherwise—including warranties of merchantability, title, noninfringement, privacy, and fitness for particular purpose.
(b) Third-Party Content
This Website includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect our opinion. We cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. We will not be liable to you or any nonparty for the content or accuracy of any materials provided by any third parties.
(c) Limit on Liability
We will not be liable to you for any of the following:
(i) Errors, mistakes, or inaccuracies of content;
(ii) Personal injury or property damage resulting from your access to and use of the Website;
(iii) Content (including user-generated content) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
(iv) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
(v) Interruption or cessation of transmission to or from the Website;
(vi) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
(vii) Incompatibility between the Website and your other services, hardware, or software;
(viii) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
(ix) Loss or damage of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
(d) Exclusion of Damages; Exclusive Remedy
(i) Unless caused by our gross negligence or our willful and wanton misconduct, we will not be liable to you for any direct, indirect, special (including so-called consequential damages), punitive, or exemplary damages—regardless of theory of liability—arising out of your access or your inability to access the Website or the content. We also will not be liable to you—regardless of theory of liability—for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This section applies even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
(ii) If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. Our maximum liability to you for any claim will not exceed $100.
(e) Scope of Disclaimers, Exclusions, and Limits
The above disclaimers, exclusions, and limits apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits may not apply to you.
15.1 In General
You must pay us for any loss of ours that is caused by your
(a) access of or conduct on the Website;
(b) breach of these terms;
(c) infringement or violation of rights of another person, including intellectual property and privacy rights;
(d) violation of any law; or
(e) negligent, intentional, or criminal conduct, including engaging in fraudulent or deceptive conduct.
But you are not required to pay if the loss was caused by our intentional misconduct.
15.2 Definitions
(a) “Loss” means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
(b) A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
15.3 Our Duty to Notify
We will notify you before the 15th business day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. But our failure to timely notify you does not terminate your obligation, except if that failure prejudices your ability to mitigate losses.
15.4 Legal Defense of a Claim
We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we will cooperate with each other in good faith on a claim.
15.5 No Exclusivity
Our rights under this section do not affect other rights we might have.
The owner of the Website is located in the Republic of Seychelles. We are not making any statement that the Website or any of its content is accessible or appropriate outside of the Republic of Seychelles. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Republic of Seychelles, you do so on your own initiative and are responsible for complying with all local laws.
17.1 The laws of the Republic of Seychelles—without giving effect to any conflicts of law principles—govern all matters arising out of (or relating to) the Website or these terms. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a “sale of goods.”M/
17.2 Except for disputes subject to arbitration, all disputes arising out of (or relating to) the Website or these terms will be subject to the exclusive jurisdiction and venue of the courts in the Republic of Seychelles. Each party submits to the personal jurisdiction of the courts in the California, USA to resolve all disputes not subject to arbitration. Each party waives any right to seek another forum or venue because of improper or inconvenient forum.
17.3 For purposes of this section, the Website will be deemed solely based in the California, USA and will be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in any other jurisdiction.
18.1 In General
Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met its duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of (or relating to) the use of the Website.
18.2 Litigation Election
Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process.
18.3 Mediation
If the parties cannot settle a dispute through negotiation within a period of 30 days, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the Mediation Rules of the International Centre for Dispute Resolution. Mediation will take place in the Republic of Seychelles. The language of the mediation will be English. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing.
18.4 Arbitration
If the parties cannot settle within 30 days after service of a written demand for mediation, the parties will settle any unresolved dispute arising out of these terms by arbitration administered under the then current rules of the Commercial Code of the Republic of Seychelles. This is the exclusive remedy and forum for resolving disputes. Unless the parties agree in writing on another venue, arbitration will take place in the California, USA before a single arbitrator. The language of the arbitration will be English. The arbitrator will make a determination and issue an award no later than 30 days after the close of the evidence in the arbitration proceeding. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case. The arbitrator will not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms, and the arbitrator’s decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator’s award. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties.
18.5 Right to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party breaches these terms, and that an aggrieved party may seek injunctive relief if a breach happens, besides seeking all other remedies available at law or in equity.
18.6 Recovery of Expenses
In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings. For purposes of this section, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party.
18.7 Jury Trial Waiver
Both parties hereby waive the right to a trial by jury for any claim arising out of (or relating to) the Website or these terms. Either party may enforce this waiver up to and including the first day of trial.
18.8 Class Action Waiver
The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
18.9 Limitation on Time to File Claims
A party will not file a claim arising out of (or relating to) the Website or these terms more than one year after the cause of action arose. Any claim brought after one year is barred.
19.1 Entire Agreement
These terms form the entire agreement between you and us about your access to the Website. It supersedes all earlier or contemporaneous terms between you and us about access to the Website. A printed version of these terms will be admissible in any proceedings arising out of (or relating to) these terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
19.2 Copy of these Terms
You may—and we recommend that you—print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please email us at support@cserv5.com and we will email you a copy.
19.3 Changes
We may change these terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of the terms. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While we will try to notify you when we make changes to these terms, we do not assume an obligation to do so, and it is your responsibility to frequently check this webpage to review the most current terms. By continuing to use the Website after we post changes to these terms, you agree to the revised terms. If you do not agree to the revised terms, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at support@cserv5.com.
19.4 Assignment and Delegation
We may assign any rights or delegate any obligations under these terms to an affiliate or third party. You will not assign your rights or delegate your obligations under these terms without our advanced written consent. Any attempted assignment or delegation in breach of this provision will be void.
19.5 No Waiver
If either party fails to require the other party to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other’s breach of a provision, that waiver is not treated as waiving a later breach of the provision.
19.6 Severability
The parties intend as follows:
(a) that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
(b) that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable;
(c) that if an unenforceable provision is modified or disregarded in accordance with this section, then the rest of the agreement will remain in effect as written; and
(d) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
19.7 Notices
(a) Sending Notice to Us
You may send notice to us by email at support@cserv5.com unless a specific email address is set out for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
(b) Sending Notice to You—Electronic Notice
You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
19.8 Rights and Remedies Cumulative
Any enumeration of a party’s rights and remedies in these terms is not intended to be exhaustive. A party’s exercise of any right or remedy under these terms does not preclude the exercise of any other right or remedy. All of the parties’ rights and remedies are cumulative and are in addition to any other right or remedy set out in these terms, any other agreement between the parties, or which may now or later exist at law or in equity, by statute or otherwise.
19.9 Force Majeure
We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
(a )Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
(b) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
(c) Fiber cuts;
(d) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
(e) Failure of the telecommunications or information services infrastructure; and
(f) Hacking, SPAM, or any failure of a computer, server, network, or software.
19.10 No Third-Party Beneficiaries
These terms do not and the parties do not intend them to confer any rights or remedies on any person other than the parties to these terms.
19.11 Successors and Assigns
These terms bind and inure to the benefit of the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these terms.
19.12 Communications and Test Profiles
When you become a registered user, you consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, including administrative notices and service announcements or changes, or emails containing commercial offers, promotions, or special offers from us or third-party partners. Please see our privacy policy for more information regarding these communications. On one or more occasions, our employees (or employees of our parent or affiliated companies) may create test dating profiles to test the functionality of our service and website processes to improve service quality for our users. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.
19.13 Electronic Communications Not Private
We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send through the Website regardless of whether they are intended recipients.
19.14 No Reliance
You acknowledge that in agreeing to these terms, you do not rely and have not relied on any statement by us or our agents, except those statements contained in these terms.
19.15 Electronic Signatures
Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
19.16 Feedback
We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
19.17 Consumer Rights Information—California Residents Only
This provision applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
DateSpot
support@cserv5.comUsers who want to gain access to the password-restricted area of the Website must register. Users who want to gain full access to all of the Website’s features must purchase a premium membership. We post the current premium fees on the Website. We may change the premium fees at any time. You may contact us at support@cserv5.com to resolve any billing disputes or to receive further information about the Website.
19.18 Complaints—California Residents
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at (877) 815-6318.
19.19 English language
We have drafted these terms and the privacy policy in the English language. We assume that you can read and understand the English language. We are not liable to you or any other person for any costs or expenses incurred to translate these terms or the privacy policy into another language. The English language version controls over any translated version.
19.20 Survival
Any provision of these terms that imposes an obligation after termination will survive the termination of these terms.
19.21 Your Comments and Concerns
If you have any questions or comments about these terms, the Website, or the service, you may contact us at support@cserv5.com.
19.22 Usages
In these terms, the following usages apply:
(a) Actions permitted under these terms may be taken at any time and on one or more occasions in the actor’s sole discretion.
(b) References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
(c) References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc.
(d) In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
(e) References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
(f) “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
(g) “Including” means “including, but not limited to.”
The following provisions are added to these terms for premium subscribers living in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin:
20.1 You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day after the original date of this contract, excluding Sundays and holidays. To cancel this agreement, email a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. This notice shall be sent to: DateSpot, support@cserv5.com, with the subject “Section 20 Cancellations.” Please include your username and email address in any correspondence or your refund may be delayed. If you cancel, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within the three-day period, we will refund the full amount of your subscription.
20.2 If you die before the end of your subscription period, your estate will be entitled to a refund of that portion of any payment you had made for your subscription that is allocable to the period after your death. If you be disabled (such that you are unable to use the services of the Website) before the end of your subscription period, you will be entitled to a refund of that portion of any payment you had made for your subscription that is allocable to the period after your disability by providing us notice at the same email address listed above.
