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Terms of use

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TERMS OF USE AGREEMENT

Last Revised: September 9, 2018

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

IF YOU BECOME A 123DATINGO SUBSCRIBER AND PAY BY PAYPAL OR BITCOIN (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 13(c) AND (d) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.

This Terms of Use Agreement (the “Agreement”) is a legal agreement that governs our relationship with users and others that interact with 123DATINGO. and our subsidiaries and affiliates (“123DATINGO,” “we,” or “us”) in connection with the use of 123DATINGO websites (including www.123DATINGO.com) (the “Sites”) and our Services (as defined below). 123DATINGO currently makes services, products and features available through our Sites, applications, which include Mobile Software (as defined in Section 16) and applications available on social networking sites and other platforms, and other downloadable products (the Sites, the applications, the downloadable products and all products, services and features provided by 123DATINGO in connection therewith shall be referred to collectively as, the “Services”). 123DATINGO may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. 123DATINGO also reserves the right to cease offering any of the Services. You agree that 123DATINGO shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by 123DATINGO when you sign up to use, or use, such Services (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with 123DATINGO for products, services or otherwise.

All visitors to or users of our Sites or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.

This Agreement and any policy or guideline of the Services may be modified by 123DATINGO in its sole discretion at any time. 123DATINGO shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Sites. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a non-subscribing user or Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your subscription renews as contemplated by Section 13. If you continue your subscription, the renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

1. ELECTRONIC RECORDS

Because the Services are provided electronically, you must consent to 123DATINGO’s providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that 123DATINGO may be required to provide to you.

2. ELIGIBILITY

By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) 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; (e) you are not a competitor of 123DATINGO and are not using the Services for reasons that are in competition with 123DATINGO or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the Commerce Department’s Table of Deny Orders.

3. USE OF THE SERVICES

You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the Services is void where prohibited.

    1. Member Account. You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4 below) or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publically available.
    2. Account Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section 13 below). You agree (a) to immediately notify 123DATINGO if you suspect any unauthorized use of your username or password or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account, profile, username or password of any other user or Member and (d) to use particular 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 acknowledge that 123DATINGO is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
    3. Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
    4. Interactions with Other Users; Criminal Background Screenings. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, 123DATINGO DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. 123DATINGO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT 123DATINGO IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. 123DATINGO does not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that 123DATINGO may create test profiles or accounts to monitor the operation of the Services. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. IN ADDITION, YOU AGREE TO REVIEW OUR ONLINE DATING SAFETY TIPS PRIOR TO USING THE SERVICES. These tips provide general advice aimed at engaging in safer dating practices, such as not providing your last name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below.
    5. No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
    6. User Conduct. 123DATINGO is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the users thereof:
      1. use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
      2. engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
      3. use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
      4. impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
      5. make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
      6. defraud, swindle or deceive other users of the Services;
      7. disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
      8. solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
      9. use any scripts, bots or other automated technology to scrape or access the Services;
      10. collect or solicit personal information about anyone under 18;
      11. use the Service for any phishing, trolling or similar activities;
      12. use the Service to redirect users to other sites or encourage users to visit other sites;
      13. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
      14. attempt to access any Services or area of the Sites that you are not authorized to access; or
      15. permit or allow other people or third parties to access and use the Services via your account.
    7. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by emailing us at abuse@123DATINGO.com please include the profile link of the person that you which to report along with an image or proof of the abuse.
    8. Verification and Enforcement. Although 123DATINGO does not routinely conduct criminal screenings of its users, you agree that 123DATINGO has the right to do so at its sole discretion, and you consent to such screening and agree to provide to 123DATINGO, upon request, complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if 123DATINGO believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, 123DATINGO may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.

4. USER CONTENT

    • . Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to 123DATINGO through the Services or to other users (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). 123DATINGO does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is 123DATINGO liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
    1. Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to 123DATINGO or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.
    2. No Duty to Review User Content. Although you understand and acknowledge that 123DATINGO has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that 123DATINGO may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes 123DATINGO’s right to modify, crop or “photoshop” any photos you submit to comply with 123DATINGO’s policies, practices and procedures.
    3. License of User Content to 123DATINGO. 123DATINGO claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to 123DATINGO, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by 123DATINGO will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release 123DATINGO and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
    4. Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
    5. Prohibited Content. You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other 123DATINGO policy governing your use of the Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that:
      • . is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
      1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. is intended to, or does, harass, or intimidate any other user or third party;
      3. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
      4. contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
      5. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
      6. violates someone’s data privacy or data protection rights;
      7. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
      8. contains any advertising, fundraising or promotional content; or
      9. is, in the sole judgment of 123DATINGO, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes 123DATINGO or its users to harm or liability of any type.
    1. Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to 123DATINGO and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to 123DATINGO by email or otherwise, are non-confidential and shall become the sole property of 123DATINGO. 123DATINGO shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. 123DATINGO shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
    2. Social Networking Sites. When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a “Social Networking Site”), such as Facebook, Google+ or Twitter, you permit 123DATINGO to access certain information about you that is made available to 123DATINGO through or from that Social Networking Site. The information obtained by 123DATINGO varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. By accessing or using our Services through a Social Networking Site, you are authorizing 123DATINGO to collect, store, retain and use, in accordance with our Privacy Policy, any and all of your information that 123DATINGO has obtained from the Social Networking Site, including to create a 123DATINGO profile page and account for you. Depending on the Social Networking Site and your privacy settings, 123DATINGO may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or other similar terms) our application on a Social Networking Site or the transfer of information to 123DATINGO from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that 123DATINGO is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about 123DATINGO that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.

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