Terms and Conditions
Last Updated 31st May 2019
AGE RESTRICTION: THIS WEBSITE IS INTENDED FOR USE BY THOSE OVER THE AGE OF 18 YEARS (OR 21 YEARS IN US STATES AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). NO ONE UNDER THAT AGE SHOULD CARRY OUT ANY ACTIVITY WHATSOEVER BASED ON THE INFORMATION ON THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18 YEARS OR DO NOT WISH TO BE EXPOSED TO TEXT OR MEDIA CONTENT OF AN ADULT AND POSIBLY OF A SEXUALLY OR EXPLICIT NATURE OR DISAGREE WITH ANY OF THE TERMS HERE PLEASE LEAVE THE SITE IMMEDIATELY.
Please read these Terms and Conditions carefully and be sure you understand them as they constitute a legally binding contract between you ("You") and Date In NYC Inc. (the "Company") who owns and operate this website.
The Agreement may be amended by the Company from time to time at our sole discretion. These modifications to become effective once posted by the Company on the Website as indicated by the 'last updated date' at the start of these Terms and Conditions. Your continued use of the Website and Service after any such modifications constitutes your acceptance of the new Agreement. If you do not agree with any modifications made in the new Agreement then you must cease to use the Service with immediate effect.
1. Eligibility To Use The Service
To access and use the Service you must be at least eighteen (18) years old, or the Age of Majority in your jurisdiction. By accessing, using, registering or subscribing to the Website you hereby represent and warrant that you (a) have the right, authority and capacity to legally enter into this Agreement, (b) are over eighteen (18) or the Age of Majority in your jurisdiction, (c) have never been convicted of, nor have any pending criminal charges against you for any sexual offence, (d) have never been required to register as a sex offender with any government entity, (e) that you will abide by the terms of the Agreement.
You may register and subscribe as a no fee user (“NFU”) or upgrade to a paid ad free user ("PAFU"). As a NFU or PAFU you have been given access to the service for a limited period of time. It will be at our discretion to allow you to use this service. Each location is considered a single subscription. You are only allowed to subscribe and register in locations where your home is located. If your home is located in multiple listed locations you are allowed to subscribe to multiple locations.
3. Billing and Payment Policy
By registering as a PAFU you agree to pay the fees you selected from the relevant Subscription package option(s) on the payment page within the Website. Each location will need a separate payment. You give your permission for the Company and its billing provider (PAYPAL.COM) to retain your payment information and charge your chosen payment provider for use of the Service.
The Company may offer promotional prices or different terms for its Services. Prior paid users will not receive any discount, refund or credit for any price difference from the price already paid and the promotional offering.
Within the Website there is the option to “Pause Activity”. By selecting this option your service will be partially suspended. Any time remaining on your no fee subscription, trial or purchased subscription will continue.
The Company shall never provide a credit or refund for any denial of service, cancellation or termination of services.
The Company reserves the right to terminate or suspend your use of this service at any time and for any reason, with or without notice, including but not limited to breach of this Agreement. Any abusive, threatening, fraudulent, obscene or illegal activity on the Website or Service or conduct or activity that may affect the enjoyment or use of the Website and Service by other Subscribers may be grounds for termination. Cases of fraudulent or illegal activities may be referred to the appropriate law enforcement agencies. After your Subscription has ended or is terminated for any reason, all terms of this Agreement shall continue in full force and effect. If you have paid for a location to be ad free you will forfeit this payment.
5. Safety and Account Security
The Website is an entertainment service and you agree to use the Website and Service at your own risk. Your safety and security are very important. You acknowledge and agree that you will use common sense and caution before sharing personally identifiable information with other Users of the Website as you would on other websites and offline.
The Company DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS NOR DOES IT SCREEN OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS FOR ACCURACY. By using this Website you acknowledge that any User profiles, messages and communication may not be genuine. You also agree to take reasonable care and caution when interacting with other Users of the Website or Service.
You agree to keep your account password confidential at all times. You also agree to be solely responsible for all activities that occur under your username and password, and to logout of your account at the end of each session. You agree to notify the Company immediately if you suspect any unauthorized use of your account details and to take any necessary action requested by the Company.
6. Site Conduct
For the benefit of other users of the Website and to comply with applicable law, you hereby agree not to use the Website for any unlawful purposes or to harass any other Users of the Website. You agree that your use of the Website and Service is subject to New York State and New York City laws. You agree you will not use the Website to:
· post any Content that is prohibited in Section 7
· attempt to solicit money from any Subscribers
· harass or 'stalk' any other person
· provide information or images (including video’s) that are dated or incorrect.
· impersonate any person by any means
· create subscriptions for others no matter the relationship
· send or solicit any content that relates to any commercial activities
· promote yourself as it relates to any other website or redirect users to another website
· send chain letters, junk mail or spam
· send any content that could damage the site, including viruses, bots, denial of service attacks, packet or IP spoofing, harmful code
Furthermore you agree that you will not:
· use or apply any site search application, spider or robot or other device to retrieve, data mine or otherwise reproduce or circumvent the navigational structure and content of the Website
· attempt any form of 'profile scraping' or other forms of data 'harvesting" of any content contained on the Website or Services
7. Site Content Posted By You
You understand and agree that the Company has the right to review and remove any content, message, personal advertisement, comment, photo or profile or other such material (the "Content") you post on the Service that in the sole opinion of the Company violates this Agreement, or which might be deemed offensive, illegal or might threaten the safety or violate the rights of other Users, and/or is deemed damaging to the Company.
You are solely responsible for any and all Content that you post or in anyway make available to the Website and Service or to other Users. In posting any Content to the Website or Service you represent and warrant that you have the necessary ownership and other rights in the Content, that it is not defamatory, threatening nor does it violate any rights, privacy and / or intellectual property rights of any other persons.
By posting Content to the Website or Service, you automatically grant to the Company, its affiliates, licensees, successors and assigns, an irrevocable, perpetual, nonexclusive, fully paid up, worldwide license to use, copy, store, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sub-licenses of the foregoing. The Company reserves the right to use Content from profiles, including the member username, photos and descriptions including age in promotional material.
Below is a partial list of the type of Content that is deemed illegal or is prohibited to be used on the Website. The Company reserves the right to remove from the site and to take appropriate legal action against any User who violates this provision. You hereby agree not to post Content that:
· Promotes racism, bigotry, hatred or physical or emotional harm to any individual or group
· harasses or intends to harass, annoy or threaten another person
· promotes inaccurate information or encourages illegal acts (including without limitation prostitution or solicitation) or unlawful activity or behavior that will violate any local, state, national or international law
· contains sexually explicit pictures, language or other materials
· contains any material that infringes a third party’s intellectual property rights
· contains an image of any other person and you do not have their permission to use such image
· contains an image or a person under 18
· contains any advertising, commercial or promotional material, for example contests, sweepstakes, advertising, pyramid schemes or links to external commercial or promotional websites
· is intended to solicit passwords or personally identifiable information for either unlawful or commercial means
· provides material that exploits people in a violent or sexual manner
· solicits personal information from anyone under 18
· is not otherwise in the Company’s sole opinion otherwise in compliance with this Agreement
For your personal safety, you may not include in your Member profile any personal contact information, including, last name, street addresses, telephone numbers, URLs, messenger ID’s, Skype or email addresses. With the exception of In Contact communications.
8. Non Commercial Use
The Website and Service is for the personal use of individuals and any other use is strictly forbidden. Companies, organizations, and/or businesses are not permitted to become Users and should not use the Website or Service for any purpose. Registered Users of the Website agree that they will not copy, redistribute, reproduce, alter, data scrape, aggregate or in any way reuse for commercial purposes any User information accessible through the Website or Service. Illegal and/or unauthorized uses of the Website including but not limited to, collecting usernames and/or email addresses, or any other personally identifiable information of site users by electronic or other means for the purposes of sending unsolicited email and unauthorized framing of or linking to the Website is expressly prohibited and will be investigated and the appropriate legal action taken.
The Company makes no representation, warranty or guarantee for any incorrect or inaccurate Content posted on or transmitted via the Website or the Service. The Company is not responsible for the conduct, whether offline or online, of any User of the Website or Service. Despite Users of the service agreeing to these Terms and Conditions, the Company cannot guarantee that each User is at least the required minimum age, nor does the Company accept any responsibility for any Content or other use of the Website or Service by anyone under the age of 18 (or the Age of Majority where appropriate) in direct violation of these Terms and Conditions. It is possible for other Users (including unauthorized Users or 'hackers') to gain access to personal information about you through your use of the Website or Service and to use your personal information for purposes other than those intended by you when you signed up to the Website and Service. The Company is not responsible for the use of any personal information that you disclose on the Website or Service. THE COMPANY DISCLAIMS ALL LIABILITY, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORISED USERS), WHETHER THE ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE OR SERVICE OR OTHERWISE.
The Company is not responsible for any interruption, delay in operation or transmission, error, deletion, omission, communications failure, theft or destruction or unauthorized access to any user, member or subscriber communications. The Company is not responsible for any problems or technical errors of any telephone network, online service, servers or providers, software, computer equipment, email systems, technical problems or congestion or service interruptions on the internet or any website or combination thereof. ALL INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED VIA YOUR USE OF THE WEBSITE OR SERVICE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, INTERNET ACCESS, OR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS. YOU HEREBY WAIVE ANY AND ALL CLAIMS OR ACTIONS WITH RESPECT TO ANY DAMAGE OF SUCH A NATURE. IF YOU DO NOT AGREE TO THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORISED TO DOWNLOAD OR OTHERWISE OBTAIN ANY INFORMATION OR MATERIAL FROM THE WEBSITE OR SERVICE.
Any advice or content posted on the Website or Service is intended for informational and entertainment purposes and is not designed to replace any form of professional advice. The Company makes no representations or warranties and hereby disclaims all liability for any actions or effects on any person following the information offered or provided on the Website or Service.
THE COMPANY PROVIDES THE WEBSITE, ITS CONTENT, AND THE SERVICE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE COMPANY GRANTS NO WARRANTIES OF ANY KIND RELATING TO THE WEBSITE AND SERVICE, (INCLUDING ALL CONTENT CONTAINED THEREIN), WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE AND/OR SERVICE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS.
10. Limitations on Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS OWNERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND ATTORNEYS AND THEIR SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING EMOTIONAL DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, INCLUDING THE CONDUCT OF ANY USER OR OF ANY USER INTERACTIONS EITHER ON OR OFF THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND IRRESPECTIVE OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU TO THE COMPANY IN SUBSCRIPTION FEES FOR THE SERVICE IN THE PRECEDING TWELVE (12) MONTH PERIOD.
11. Proprietary Rights
You acknowledge and agree that the Company owns and retains all proprietary rights in the Website and the Service and that these rights are protected by intellectual property rights and other laws. You hereby agree that except for publicly available information or for information which you have been given written permission, you will not copy, modify, create, transmit, publish, store or sell such proprietary information.
12. Disputes Between Users
You acknowledge that you are solely responsible for your interactions with other Users of the Website and Service and that the Company shall have no responsibility concerning such interactions. The Company reserves the right, but is under no obligation, to monitor any disputes between you and other Users.
You acknowledge that you have the option on the website to hide other users.
Should you have any claim or action against another User you hereby agree to pursue said claim or action independently of the Company and you hereby release the Company from any claims, liability and damages associated with such a claim or action.
13. Indemnity by you
You acknowledge and agree that you will indemnify and hold the Company, its owners, directors, shareholders, employees, affiliates, suppliers, agents and attorneys, and their successors and assigns, harmless from any and all liability, loss, demand or claim in connection with the Content and all other information, material, messaging and communication you may receive from the Website, Service and other Users of the Service.
You understand and agree that although the Company endeavors to uphold the necessary safeguards concerning your personal data, we cannot ensure nor guarantee the safety, security or privacy of the information that you provide via the Internet or in email communications, and you hereby release us from any and all liability in connection with the use of this information by other parties.
15. Copyright Policy
Whilst the Company is not legally required to do so, we use our best endeavors to fully comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), especially the notice and 'takedown' provisions, thereby benefiting from the safe harbors immunizing the Company from liability to the fullest extent provided by law. By using the site you agree not to post, reproduce or distribute any copyrighted material, trademarks or any other proprietary information without first having obtained the relevant permissions to do so by the legal owner of such proprietary materials.
In accordance with the DMCA we follow a copyright policy that allows us to terminate the registration of any Users who are deemed to be repeat copyright infringers or who infringe upon the intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that your work has been infringed and posted onto the Website or Service please contact us using the “CONTACT US” button on the main website page. Select Legal for the category and then in the Message section include
· a physical or electronic contact of the person authorized to act on behalf of the copyright owner
· identification of the copyrighted work you believe has been copied or infringed
· a description of where the claimed copyrighted material is to be found on the Website or Service (of sufficient detail to allow the Company to locate it)
· a written statement by the complaining party that you have a good faith, belief that the disputed material is not authorized for use by the copyright owner
· a written statement by the complaining party, under penalty of perjury, that the information contained in this notification is accurate and truthful and that you are the copyright owner or authorized to act on behalf of the copyright owner
· your contact details: name, address, telephone number and email address
Please be aware that you might be liable for damages (including attorney’s fees and other costs) if you misrepresent any notification or claim that content is infringing upon your copyright.
16. Merger or Acquisition
In order to ensure a smooth transition of the Service in the event of an acquisition, merger, reorganization, sale of any part of the Website or Service owned by us, we may transfer your personally identifiable information to a third party as part of such acquisition, merger, reorganization or sale without notice to you, provided any such third party shall be liable to honor the terms of the Agreement.
17. Modifications to Service
The Company will use commercially reasonable efforts to maintain the full operation of the Website and Service, however we reserve the right at any time to modify or discontinue, temporarily or permanently the Service (or any part of the Service) with or without notice. You acknowledge and agree that the Company shall not be liable to you or any third party as a result of any modification, suspension or discontinuance of the Service that it makes.
18. Communications and Test Profiles
By becoming a User of the Website you hereby agree to receive email and mobile phone SMS “text” communications from the Company. The emails and/or texts sent to you by the Company as part of the Service may be relationship or transactional in nature. These emails and/or texts may include but are not limited to, User profile announcements, Service announcements, Service changes, administrative related communications, or emails containing commercial offers or promotions from the Company as well as third parties. You are responsible for any fees related to receiving an email or text message. You have the option to not included text contact.
From time to time, the Company employees (or employees of vendors companies) may create test dating profiles for the purpose of checking and testing the functionality of our Website and Service to improve the quality and user experience for its Users.
19. Governing Law and Dispute Resolution
This Agreement and any dispute between you and the Company arising out of your use of the Website or Service shall be governed by the laws New York and no other laws and shall be exclusively settled by means of binding arbitration / mediation using a neutral arbitrator (not a judge or jury) as follows:
· The appointed arbitration / mediation authority will be nominated by the Company.
· The arbitration / mediation proceedings shall be held within the New York City Boundaries
· The number of arbitrators / mediators shall be one.
· The language used in the proceedings shall be English.
· Any award granted shall be final and binding and there shall be no appeal.
By using the Website and / or Service and legally entering into the terms of this Agreement you hereby agree, accept, understand and warrant that you:
· irrevocably consent to the above arbitration / mediation agreement as the exclusive means to settle any dispute resolution between you and the Company.
· waive any objection you have now or in the future to its location, jurisdiction and terms.
· acknowledge and agree to give up your right to go to court to assert any dispute or claim.
· acknowledge and agree to give up your right to join or participate in any litigation on a class action or representative basis in a private attorney general capacity (or other similarly situated persons) with respect to any claim.
20. Force Majeure
The Company shall not be held responsible for any service interruption or performance failure caused by acts of God (or natural disasters), strikes, power outages, terrorism, embargoes, war, fires or any other causes beyond the reasonable control of the affected party.
21. Entire Agreement
In the event that any provision of this Agreement is held invalid or otherwise unenforceable, the remainder of the provisions of this Agreement shall continue to apply in full force and effect. If we do not enforce any provisions of this Agreement, this will not in any way be considered a waiver of any provision or right.
The terms of this Agreement are personal to you. You may transfer, assign or delegate them only with our prior written permission. Any and all other attempts to transfer assign or delegate the terms of this Agreement shall be null and void.