These Terms of Service (“Terms”) govern your use of web site at AmazDate (“Site”) and all related tools, services, applications, data, software, APIs (which may be also subject to own Terms of Service) and other Services provided by us.
By using any of the Services, as defined below, accessible through the Site, you become a Member and agree to, and are bound by this Agreement for as long as you continue to use the Platform.
Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
Our Services include, but are not limited to provision of access to Single’s People International Community interactive content and communication services, Optional or additional services offered by or on behalf of PBA LLP (collectively referred to as “Services”). Optional Services are subject to these Terms and Terms for Optional Services which can be found HERE and constitute an integral part of Agreement.
We may offer additional services or revise any of the Services, at our discretion, and this Agreement will apply to all additional or revised Services. We also reserve the right to cease offering any of the Services at all times.
We reserve the right to change, alter, replace or otherwise modify these Terms of Service at any time. The date of last modification is stated at the end of these Terms of Service and is deemed Effective Date of the revised version. It is your responsibility to check this page from time to time for updates. You will have no obligation to continue using the Singles Community Platform following any such change, but if you do not terminate your account as described in the Term and Termination section below, your use of the Singles Community Platform after such change will constitute your acceptance of the revised Terms of Service and the whole Agreement.
By using the Site and Services, you represent and warrant that you are eighteen (18) years old or more, or of applicable age of majority in your jurisdiction and that you are eligible under your jurisdiction law to use our Singles Community Platform.
You will only use the Services in a manner consistent with this Agreement and all applicable local, state, national and international laws and regulations. By using the Services, 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. Registration for, and use of, the Site and Services are void where prohibited. You are responsible for determining whether the use of the Services is legal for you in your jurisdiction.
WE DO NOT CONDUCT CRIMINAL CHECKS ON ANY OF OUR USERS OR MEMBERS AND DO NOT INQUIRE INTO THEIR BACKGROUNDS OR VERIFY STATEMENTS. HOWEVER, WE DO RESERVE THE RIGHT TO CONDUCT ANY SUCH CHECK, INCLUDING SEX OFFENDER REGISTER CHECK AND YOU HEREBY AUTHORIZE US TO DO SO. YOU HEREBY REPRESENT THAT YOU HAVE NEVER BEEN CONVICTED OF ANY FELONY AND THAT YOU ARE NOT REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENT ENTITY.
You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that We are not responsible for third party access to your account that results from theft or misappropriation of your user names and/or passwords.
The Singles Community Platform is an International Community for Singles, where Members and Registered Users can communicate. Members or Registered Users of the Singles Community Platform may use Services to submit and receive audio, text, photos, videos, video-chats, pictures, graphics, comments, messages, personal information and other content, data or information of any kind (“Content”) which and may be communicated by such Members to other Registered Users through tools, features, Services provided as part of the Platform and accessible via the Site and elsewhere. The Singles Community Platform enables Registered Users and Members to interact with one another via Services.
We may, from time to time, release new Services and tools on the Site, release new versions of our Site, or introduce other services and/or features for the Singles Community Platform. Any of our services and features are and will be subject to these Terms of Service as well as any additional Terms of Service that we may release for those specific services or features.
Completing the registration process, you provide us with current, complete and accurate information as prompted by the registration form and thereby create a Member Account making you a Member (“Member”). One Member may have only one Membership Account.
Your use of the Singles Platform Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Community. Not all users, Members or Registered Users are available for communication. From time to time, we may create test profiles in order to monitor the operation of the Platform and its Services.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
Upon termination by us without cause, You shall receive a refund in proportion of any unused paid Services or fees that we have received from You. If Your membership to Singles Platform is terminated by reason of violation of this Agreement, or at Your request which would be contrary to our Refund Policy, You will not be entitled to, nor shall Service Provider be liable to You, for any refund of unused paid money and/or Optional Services. Unused Credits and/or paid Optional Services expire 365 days after their purchase date. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
You are solely responsible for, and assume all liability regarding (i) the information and content you contribute, post, publish, submit or send or otherwise make available to the Platform or Registered Users or Services; and (ii) your interactions and communications with Registered Users through the Services and all possible consequences or outcome of such interactions and communications. We may allow sharing of your contact Information to Registered Users and, therefore, you understand and acknowledge that we cannot control and will accept no liability for further transfer of such information processed by such Registered User.
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including real world meetings outside Platform. You agree to take all necessary precautions when meeting individuals through and at the Singles Community Platform.
Service Provider makes no guarantees as to the number or frequency of Registered Users’ enquiries to communicate with you on the Platform through the Services, or to such Registered Users ability, desire or criteria to communicate with any users or Members whosoever. You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Platform and Services or as to the conduct of such individuals or as to the information they provide about themselves.
You will promptly report to us any violation of the Agreement by other Members or Registered Users.
You will not provide inaccurate, misleading or false information to us or to any other Registered User or Member. If information provided to us or another Registered User or Member subsequently becomes inaccurate, misleading or false, you will promptly notify us of any such change.
You must not stalk, exploit, threaten, abuse or otherwise harass another Member, Registered User, support team or any of ours’ or our Partners’ employees.
You must not collect or attempt to collect personal data, or any other kind of information about other Registered Users or Members if a respective authorization hasn’t been previously granted, including without limitation, through spidering or any form of scraping.
You must not sell or transfer, or offer to sell or transfer, any Platform account to any third party without our prior written approval to do so.
We reserve the right, but are not obliged, to monitor the information or material you submit to the Platform or post via Services. We will have the right to remove any such information or material that in our sole discretion violates, or may violate, any applicable law or either the intent of the Agreement or upon the request of any third party.
You will not post via Services or in any other way communicate to other users, Registered Users or Members, administration, support or any other personnel, any content (or links thereto), make available in any other way, or otherwise engage in any activity on the Platform or through the Services, that:
is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in our reasonable discretion;
is intended to or tends to harass, annoy, threaten or intimidate any other users of the Platform or Services;
contains sexually explicit, pedophilic, incest, zoophilic, violence or other unacceptable materials;
contains copyrighted content (e.g., audio, texts, music, movies, videos, photographs, images, software, etc.) without legally effective permission to do so, or other materials that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, trademark rights (whether registered or not), rights of privacy or publicity, confidential information or any other right;
contains video, audio, photographs, or images of another person without legally effective authorization of the respective person to do so (or in the case of a minor, the minor's legal guardian’s authorization);
promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information without authorization, create or disseminate computer viruses, or circumvent copy-protect devices;
intended to defraud, swindle or deceive other Members and Registered Users of the Site;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
disseminates another person's personal information without his or her explicit authorization, or collects or solicits another person's personal information for commercial or unlawful purposes;
is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Platform;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
solicits gambling or engages in any gambling or similar activity;
uses scripts, bots or other automated technology to access the Platform or Services;
uses the Platform or Services for chain letter, junk mail or spam e-mails;
collects or solicits personal information about anyone under 18; or
is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
Platform administration abides by a zero-tolerance policy towards any and all inappropriate content and materials.
This Singles Community Platform is for personal use of individual Members and Registered Users only and you are not allowed to advertise or solicit any Member or Registered User to buy or sell any products or services through the Platform or Services provided. You are not allowed to transmit any chain letters, junk or spam e-mail to other users. You will not use any contact data or other information obtained from the Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Service Provider.
You hereby acknowledge and agree that PBA LLP is the owner, licensee or authorized user of highly valuable Intellectual Property in, including but not limited to, Site, Platform, Services, database, protected by Copyright materials, patents, trademarks (registered and unregistered trademark rights) or other information and materials protected by law (collectively, "Confidential Information"). PBA LLP retains all proprietary rights in the Services and Platform and all Confidential Information.
You are hereby strictly prohibited to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Platform, without the prior written authorization to do so from the owner of such proprietary rights.
Site may contain links to third-party web sites, including without limitation, advertisers, which are not under our control or scope of responsibility for the content thereof or any links contained in a linked site, or any changes or updates to such web sites. Your access to and use of any third-party sites and their services is governed by the terms, conditions, disclaimers, and notices found on each such site. We do not control, endorse, or accept responsibility for third-party services or web-sites. Any dealings between you and any third party in connection with a third-party service, including such party’s privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Platform with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Platform.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SERVICE PROVIDER PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, SITE OR PLATFORM (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PBA LLP DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. PBA LLP DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
SERVICE PROVIDER DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AT THE PLATFORM OR VIA SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY, OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SERVICE PROVIDER (iii) ADOPT OR ACCEPT ANY RESPONSIBILITY FOR ACCURACY, COMPLETENESS OR AUTHENTICITY OF INFORMATION PROVIDED IN PROFILES OF ANY AND ALL MEMBERS OR REGISTERED USERS. UNDER NO CIRCUMSTANCES WILL SERVICE PROVIDER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SERVICES, OR TRANSMITTED TO OR BY ANY MEMBERS OR REGISTERED USERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM OND/OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OR MEMBERS OF THE PLATFORM AND SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF REGISTERED USERS OR MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
PBA LLP and our contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Service Provider and its Partners will have no liability to you arising from any incorrectly verified information.
PBA LLP has a number of Partners who are independent partners and are not our agents or employees (“Partners”), which are entitled to perform own verification of users willing to be a part of the Singles Community Platform and, subsequently, to grant them access to Platform by registering them on the Platform (“Registered Users”). We accept such Registered Users performing our own verification of provided information for their profile accounts, but these verification methods shall not be presumed exceptional and error-free, thus we shall not bear any responsibility for the correctness or authenticity of information available in Registered Users profiles.
Under no circumstances, we shall be liable or responsible for the willful or negligent acts and/or omissions of any Partner or any of its respective employees, agents, servants or representatives including, without limitation, their failure to verify information provided by and about any Registered User or Member.
You hereby agree to indemnify, defend and hold harmless PBA LLP, its successors, assignees, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
any violation by you of these Terms of Service, Agreement on whole or our Community Rules;
any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from You posting Content to the Platform, and/or your making available thereof to other users, Registered Users or Members of the Platform, and/or the actual use of Your Content by other users of the Platform or linked Services in accordance with this Agreement and the parameters set by you with respect to the distribution and sharing of Your Content;
any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of PBA LLP.
Use of Optional Services shall be subject to the additional terms and conditions which can be found HERE.
For the purposes of this Arbitration Agreement, “PBA LLP” means PROVIDENT BUSINESS ASSOCIATES LLP and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents. “Dispute” means any dispute, claim, or controversy between you and PBA LLP regarding any aspect of your relationship with PBA LLP, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
Class Action Waiver. The parties hereto expressly agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and PBA LLP specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of Platform and/or user of PBA LLP Services, including optional or premium Services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
You and PBA LLP each hereby agreed to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, parties to it might otherwise have had a right or opportunity to bring Dispute in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You hereby give up those rights. Other rights that you would have had if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
Any dispute, controversy or claim arising out of or relating in any way to the agreement including without limitation any dispute concerning the services, including Premium or Optional Services, Platform, validity, interpretation, enforceability or breach of the agreement, shall be exclusively resolved by binding arbitration upon a submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the agreement, you shall notify PBA LLP in writing thereof and that notice shall include (a) your name, (b) your address, (c) a written description of the Dispute, and (d) a description of the specific relief you seek. Within forty-five (45) days of such notice PBA LLP shall try to resolve the Dispute. Should the dispute not be resolved within forty-five (45) days after such notice, you may pursue your Dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
All disputes between you and PBA LLP shall be resolved by binding arbitration. Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court.
The arbitration shall be conducted by one arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the London Court of International Arbitration (“LCIA”) shall select the arbitrator in accordance with the terms of this agreement. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
The arbitrator shall have three years of experience in online services provision and also shall have served as an arbitrator at least three times prior to their service as an arbitrator in this arbitration. The arbitration shall be conducted in accordance with the then existing rules of the LCIA. The arbitration shall be conducted in LCIA, London, UK. The laws of the United Kingdom shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the LCIA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Except as may be required by law, you, nor your representative may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of PBA LLP.
The arbitrator shall have no authority to award punitive, special and indirect damages. The arbitrators shall not be entitled to issue injunctive and other equitable relief.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. This Section shall survive the termination or cancellation of this Agreement.
A breach or violation of any of the promises or agreements contained in this Agreement may result in irreparable and continuing damage to PBA LLP for which there may be no adequate remedy at law and you agree that the Company is therefore entitled to seek extraordinary relief in court, including but not limited to preliminary or permanent injunction, temporary restraining orders, as well as such other and further relief as may be appropriate and in addition to and without prejudice to any other rights or remedies that PBA LLP may have for a breach hereof.
You may terminate this Agreement at any time by sending a written notice to us via authorized e-mail confirming such termination, or by deleting your account and thereafter by ceasing to use the Platform. If you have a subscription for certain Optional or Premium Services and terminating this Agreement before the end of such subscription, we are unable to offer any refund for any unexpired period of your subscription if not stipulated under our Refund Policy.
We may suspend your access to the Platform and/or terminate this Agreement at any time if (a) you are deemed to be a infringer as described above; (b) you are in breach of any of the material provision of these Terms of Service or our Community Rules or the Agreement in whole (c) PBA LLP elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (d) in other reasonable circumstances as determined by us at our discretion. If your account is suspended or terminated by PBA LLP pursuant to (a) or (b) above, you will not be entitled to any refund for any unexpired Optional or Premium services. If your account is terminated pursuant to (c) or (d), refunds may be payable at our reasonable discretion.
This Agreement will remain in full force and effect as long as You use the Platform being a Member to Singles Community Platform. You may terminate Your membership at any time, for any reason according to procedure of termination.
We may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided for at registration, or to any other email address provided by You to us.
This Agreement, which you accept upon registration for the Platform, Services, including Optional or Premium Services, and any applicable payment, renewal, optional or additional Services terms, comprise the entire agreement between you and PBA LLP regarding the use of this Service, superseding any prior agreements between you and PBA LLP related to your use of this Platform or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of PBA LLP to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.