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Dateswithmates.com
TERMS OF USE AGREEMENT (Agreement)
Welcome to Dateswithmates.com, a double-dating service for adults to meet each other online operated by Dates With Mates Limited ("Dateswithmates.com" or dates with mates" "we" or "us"), a company registered in England and Wales whose registered office is 154 Brent Street, London, NW4 2DR, company number: 05841455
This legal notice applies to the entire contents of this website under the domain www.dateswithmates.com ("Website") and to any correspondence by e-mail between us and you. Please read these terms and conditions carefully before using this Website. Using this Website indicates that you accept these terms without modification regardless of whether or not you choose to register with us as a member and constitutes you being a party to this Agreement. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The term pair refers to you and your dating mate and the term dating mate refers to the member with whom you share a joint online profile.
Once you have completed your online registration procedure, your membership will have been activated and you will have entered into a legally binding contract for the provision of the Dateswithmates.com service (the "Service").
1. Eligibility: You must be eighteen or over to register as a member of Dateswithmates.com or use the Website. Membership of the Service is invalid where it has been prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Scope of Service: The Service enables pairs of the same gender to contact other members who have also subscribed to the Service. Dateswithmates.com is not a marriage brokering service and is not obligated to successfully broker or create relationships for its members. The website contains a further details of how the Service works.
3. Recurring Billing: By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation and authorise Dateswithmates.com to levy such charges. Dateswithmates.com may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice (confirmed in writing upon request by Dateswithmates.com) that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Dateswithmates.com reasonably could act. Dateswithmates.com reserves the right to increase the monthly subscription but may not do so without giving you reasonable prior warning. If your dating mate fails to pay or terminates his/her subscription, you will continue to be debited on a monthly basis until such time as you terminate your own subscription. In the event your dating mate terminates his/her subscription (or is terminated for whatever reason), you will not be able to use the full facilities of Dateswithmats.com until such time as you acquire a new dating mate. Your profile will not be displayed on the website during this period.
4. Current Information Required: You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Dateswithmates.com if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password. Changes to such information can be made on the website. If you fail to provide Dateswithmates.com any of the foregoing information, you agree that Dateswithmates.com may continue charging you for any use of the service under your billing account unless you have terminated your subscription for the service (confirmed in writing upon request by Dateswithmates.com).
5. Terms and Termination: This Agreement will remain in full force and effect while you are a member of the Service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended), you can postpone commencement of the Service until the seven working day cooling-off period has expired. However, if you choose to become a member and enter the Website, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under the above Regulations.
You may terminate your membership at any time, for any reason, effective upon receipt by us of your notice of termination. In order to do so, you must follow the instructions provided on the website to unsubscribe.
We can terminate this Agreement at any time by giving you written notice, and refund to you any payment made after such termination. We will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us.
If you terminate your subscription, your subscription will remain active until the end of the period through which you had paid prior to your termination.
In the case of violation of one or more of the terms of this Agreement by you, we may block your account(s), delete prohibited content, and prevent publication of all or part of your profile. We may also block your access to all or part of the Service, either permanently or temporarily. We reserve the right to carry out the above action with regard to you if we take such action against your dating mate.
6. Non Commercial Use by Members: The Website is for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organisations, companies, and/or businesses may not become members and should not use the Service or the Website for any purpose. Illegal and/or unauthorised uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
7. Content Posted on the Site and Prohibited Content:
a.) The information that you supply to Dateswithmates.com and post on the Website must be accurate and conform to reality.
b.) Other than personally identifiable information which relates to a living individual who can be identified from that information, which will be used in accordance with our Privacy Policy, any material that you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
c.) Dateswithmates.com may review and delete any content, messages, Dateswithmates.com Messenger messages, photos or profiles (collectively, "Content") that in the reasonable judgment of Dateswithmates.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members.
d.) You are responsible for the Content that you publish, submit, post or display (hereinafter, "post") on the Service, or transmit to other members via the Service. You represent and warrant that at any time of posting the Content is (a) accurate, (b) not in breach of this Agreement, and (c) not harmful to any person in any way.
e.) By posting Content to any public area of Dateswithmates.com, you automatically grant, and you represent and warrant that you have the right to grant, to Dateswithmates.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licences of the foregoing.
f.) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Dateswithmates.com reserves the right to amend this list at any times and to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
| - | is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; |
| - | constitutes a profile or photographs of any third person used without their permission. |
| - | harasses or advocates harassment of another person; |
| - | involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; |
| - | promotes information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, obscene or defamatory; |
| - | promotes an illegal or unauthorised copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; |
| - | contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); |
| - | provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; |
| - | provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses; |
| - | solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and |
| - | engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. |
g.) You must use the Service in a manner consistent with any and all applicable laws, regulations and codes of conduct and not for unlawful purposes.
h.) You shall not include in your member profile any telephone numbers, street addresses, last names, URLs or email addresses.
i.) You shall not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other members.
8. Off-line: Although Dateswithmates.com cannot monitor the conduct of its members off the Website, it is a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or attempt to sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, Dateswithmates.com reserves the right to restrict the number of emails which a member may send to other members in any given period to a number which Dateswithmates.com deems appropriate in its reasonable discretion.
9. Member Disputes: You are responsible for your interactions with other Dateswithmates.com Members. Dateswithmates.com reserves the right, but has no obligation, to monitor disputes between you and other members.
10. Privacy: Use of the Website and/or the Service is also governed by our Privacy Policy.
11. Service Access: While Dateswithmates.com endeavours to ensure that this Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
12. Modifications to this Agreement: We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, you do not wish to continue with the Service, you may terminate the contract upon giving us notice, such notice to take effect upon our receipt of your notice. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after notice has been given.
13. Release: In the event that you have any claim or action against any other member arising from that members use of our Website or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
In the event that a claim or action is brought against us from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
14. Severance: If any part of this Agreement is invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
15. Assignment: Dateswithmates.com may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
16. Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dateswithmates.com as a result of this agreement or use of this Website.
17. Disputes: This Agreement is governed by English Law. You agree to the exclusive jurisdiction by and venue in the Courts of England and Wales.
18. Other: This Agreement, accepted upon use of the Website and further affirmed by becoming a member of the Service, contains the entire agreement between you and Dateswithmates.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
19. YOU AND YOUR CO-REGISTRANT ARE JOINTLY AND SEVERALLY LIABLE AND BOUND IN RESPECT OF ALL OBLIGATION, DUTIES AND LIABILITIES TO WHICH YOU ARE SUBJECT HEREUNDER.
20. Safety Guidelines:
Tips for a safe and fun Dateswithmates.com experience
Safety in numbers - meeting people via Dateswithmates.com is intended to be safe. Dateswithmates.com has been set-up to provide a fun and secure dating environment where friends can go on dates together and meet new people.
You never have to give any personal details (such as your real email address, telephone number or home address) to anyone unless you wish to do so and all correspondence is done via our anonymous messaging facility.
Online dating is different. Make sure you follow these simple tips for a safe and enjoyable datewithmates.com experience:
- Make use of the anonymous messaging system do not give out personal details straightaway. Do not put personal details in your profile or initial messages such as phone number, email address, home address or place of work
- You can contact a member using the anonymous messaging system and gradually learn more about them, later choosing if you want to give out more personal contact information, or pursue a relationship. Think about using an email account just for your dating a free account like Hotmail, or a mobile phone number that you can easily change. If you call another member you can use the blocking technique to prevent your number appearing on Caller ID.
- Dont fake your photograph and dont lie in your profile or messages.
- Be careful if you think a member is lying to you, or:
- Being forceful about you giving out personal details when they wont do the same.
- Wont answer reasonable questions directly.
- Gives inconsistent information about their age, appearance, marital status, employment and so on.
- Makes claims that seem extraordinary, or contradictory to what you already know about them.
- If you feel uncomfortable about a member, stop contacting/communicating with them. You can block them so you will not receive unwanted messages. If you feel someone is abusing the service, then please inform us at info@dateswithmates.com
- Always use your common sense and be responsible for you conduct.
Arrangements for a safe offline date
When you get to the point of meeting face-to-face follow our simple tips for a safer experience:
- Always go on dates with your dating mate.
- Meet in a public place that you know well.
- Never arrange for your date(s) to pick you up from your home.
- Never allow your date(s) to make arrangements for your travel or hotel accommodation.
- Always have a friend or family member to call on if you need help. Always let them know where you are going and what time youll be expected back. Call them to let them know things are ok. Leave details of the person you are going to meet.
- Remember, when you meet someone for the first time they are still a stranger.
- Dont accept a lift home if you feel uncomfortable about it
- Always have a contingency plan for the unexpected so you can get away quickly, and have someone close by you can call on. Take a mobile phone with you and make sure it is fully charged, working and has enough credit to make calls.
- It can take time to get to know someone properly. A person who is truly interested in you wont mind if you want to take your time in a relationship.
- Impostors and liars can be found anywhere, especially in offline places such as bars and nightclubs. The Internet is no different, however they are more easily spotted online and we will always remove anyone from the site who is less than genuine.
- Always use your common sense, keep in control and dont be forced into doing something you wouldnt normally do.
Finally
Trust your instincts they are often right. If you feel uncomfortable about someone, stop. Discontinue contact there are plenty more fish in the sea. Use the Dateswithmates.com feature to block unwanted messages from other members. If you feel that someone is abusing the service, always tell us at info@dateswithmates.com
21. Contact Information: If you have any questions about the rights and restrictions above, please contact us at dateswithmates.com
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