N-Date.com Terms and Conditions of Use ("User Agreement")
N-Date.com is a service provider providing information for single adults wishing to meet each other online.
By using this Website, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"). If you wish to make use of the service offered on the Website (the "Service"), please read the User Agreement. If you object to anything in this User Agreement or our Privacy Policy, do not use the Website or the Service. The terms and conditions included in the User Agreement are subject to change by N-Date.com at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes.
1. Acceptance of Terms of Use Agreement.
a.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your use of the Service. This Agreement may be modified by N-Date.com from time to time, such modifications to be effective upon posting by N-Date.com on the Website. This Agreement includes N-Date.com's Acceptable Use Policy for Content Posted on the Website and/or the Privacy Policy of this Website, and any notices regarding the Website. By accessing the Website you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
b.
Electronic Form. By accessing the Website you consent to have this Agreement provided to you in electronic form.
c.
Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
d.
Should you choose to withdraw your consent to have this Agreement provided to you in electronic form. This means that you will not have the right to use the Service.
2. You must be at least eighteen (18) years of age and single or separated from your spouse to use the Service or use the Website. 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.
3. You may browse the Website at no cost. Use of certain services offered on the Website including the ability to communicate with other User is against payment. Same and terms of payment are deemed part of this Agreement.
4. This Agreement will remain in full force and effect while you use the Website and/or the Services. If N-Date.com terminates your use of of the Service because you have breached this Agreement, you will not be entitled to any refund of unused fees. All decisions regarding the termination by N-Date of your use the use of the Service accounts shall be made in the sole discretion of N-Date.com. N-Date.com is not required to provide you notice prior to terminating your use. N-Date.com is not required, and may be prohibited, from disclosing a reason for the termination of your use. Even after your use is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not and should not use the Service or the Website for any purpose. Illegal and/or unauthorized 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 unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of N-Date.com, which may be revoked at any time, for any reason, in N-Date.com's sole discretion.
6. You are responsible for maintaining the confidentiality of the username and contact details password that you designate during the use of Services, and you are fully responsible for all activities that occur under your username and password. N-Date.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should 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. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window's Live ID to your N-Date.com account.
7. You are solely responsible for your interactions with users of the Service and the Website("Users") . You understand that N-Date.com does not in any way screen its Users, nor does N-Date.com inquire into the backgrounds of its Users or attempt to verify the statements of its Users. N-Date.com makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users. In no event shall N-Date.com 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 Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through this Service. You agree to take reasonable precautions in all interactions with such persons particularly if you decide to meet offline or in person. You understand that N-Date.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Users or person you through this Service.
8. N-Date.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of N-Date.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by N-Date.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. In adition, under no circumstances will
N-Date.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users .
9. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Users. You will not post on the Service, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to N-Date.com or to any other User.
10. N-Date.com reserves the right to investigate and terminate your use of the Service if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
11. N-Date.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your use of the Services and you will not be entitled to any refund of unused fees.
12. You agree to pay N-Date.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your user name and password and you authorize N-Date.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. N-Date.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If N-Date.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due to N-Date.com upon demand.
13. N-Date.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that N-Date.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. In order to protect the integrity of the Service, N-Date.com reserves the right at any time in its sole discretion to block User/sMembers from certain IP addresses from accessing the Website.
15. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
16. You are solely responsible for your interactions with other Users. N-Date.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
17. Use of the Website and/or the Service is also governed by our Privacy Policy.
18. N-Date.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. N-Date.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. N-Date.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. N-Date.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Servicepartners be responsible for any loss or damage, including personal injury or death, resulting from anyone's u. Under no circumstances will N-Date.com or any of its affiliates, advertisers, promoters or distribution se of the Website or the Service, any Content posted on the Website or transmitted to Users, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and N-Date.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. N-Date.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. N-Date.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
19. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because N-Date.com has no control over such sites and resources, you acknowledge and agree that N-Date.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that N-Date.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
20. Except in jurisdictions where such provisions are restricted, in no event will N-Date.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if N-Date.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, N-Date.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to N-Date.com for the Service during the term of your use of the same.
21. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the Netherlands, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of the Netherlands, in Amsterdam for the resolution of any such dispute.
22. You agree to indemnify and hold N-Date.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
23. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
24.. This Agreement contains the entire agreement between you and N-Date.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.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
PRIVACY POLICY
N-Date.comis committed to protecting your privacy online. Our policy explains how we will do this.
What information do we collect?
We collect email addresses.
Registration: on some parts of the site we ask you to register, and if you do we ask for your name, email address, geographical address and other personal information.
From time to time we will ask you for further information, for example if you make a purchase.
We may also use cookies. For an explanation, see the section on cookies below.
Use of Cookies
Cookies are small files which many web sites transfer to your hard disk. They can inform the web site what pages you visit, and your preferences, which enable web sites to provide you with a more personalized service. You can set your browser to refuse cookies, or to warn you before accepting them.
We use cookies, but most parts of our site can be accessed even if your cookies are turned off. But you may find there are parts of the site which you cannot access if your cookies are turned off.
How do we use your information?
We use the information to help us understand more about how our web site is used, to improve our site, and to send you information about us and our products which we think may be of interest to you, both electronically or otherwise.
In the case of our Service is available through subscription/payment, your personal information may be used to enable us to verify you are a subscriber and to deliver the Service to you.
Unless you have informed us that you do not wish to receive further information about our Service and those of our affiliates and partners, we and they may send you direct mail.
When do we share information?
We do not sell your personal information to others.
Some of our Services are hosted by third parties but we agree with those third parties that they will keep your information secure and not use it for other purposes.
A number of other people's web sites have links on our site. If you link to their sites, they may request you to provide information. Such sites are not within our control and are not covered by this privacy statement.
If we believe that your use of the Site is unlawful or damaging to others, we reserve the right to disclose the information we have obtained through the Site about you to the extent that it is reasonably necessary in our opinion to prevent, remedy or take action in relation to such conduct.
Security
All personal and credit card information is encoded using Secure Sockets Layer (SSL) technology before being sent over the Internet. To protect your data further, your credit card information is always stored in encrypted form in a database that is away from our Website database, so it isn't connected to the Internet. Credit card transactions are issued a digital certificate, ensuring that your data can only be read by our transaction system as long as your browser shows its secure mode symbol (such as a key or closed lock).