DatingDirectAffinity.com Terms and Conditions.

Return to DatingDirectAffinity.com DatingDirectAffinity.com Limited Terms and Conditions

(Terms of Use: www.DatingDirectAffinity.com.com, effective on 09/10/2008)

CONTENTS

Article 1. Introduction

1.1 This website is owned and operated by DatingDirectAffinity.com Limited, an English registered company (number 03850701). Our registered office is at: The Communications Building, 48 Leicester Square, London, WC2H 7LT. You can contact us at the following postal address: The Communications Building, 48 Leicester Square, London, WC2H 7LT. Our VAT number is 747 4270 19.

1.2 Please read this agreement carefully (please pay particular attention to some important paragraphs highlighted in bold). It cancels and replaces any terms and conditions previously agreed to, even those which have not been expressly withdrawn or amended. By registering as a Member or using the Services (whether or not you register as a Member), you agree to be bound by this agreement. If you do not accept them in full, you must not register as a Member nor use the Services.

1.3 If you are a consumer your statutory rights are not affected by this agreement.

Article 2. Definitions

" FAQs " the frequently asked questions on our Site.

" Member " a validly registered user of the Services, whether paid or unpaid.

" Member Content " information published by Members on the Services, or sent by Members to other Members through the Services, including profiles, personal ads, messages, chat, videos, photographs, sound.

" Paid Services " all Services which we make available to Members with a valid Subscription or otherwise on payment of a fee.

" Subscription " a paid fixed rate giving unlimited access to Paid Services for a specified period.

" Site " our website at www.DatingDirectAffinity.com.com or such other website as we may use to provide the Services from time to time.

" Services " the group of services we make available, the purpose of which is to facilitate online meetings between individuals, for personal, leisure and non-business purposes and which is accessible from multiple platforms (including the Site, SMS, MMS, WAP) whether with or without payment.

" User " means any person who uses the Services.

Article 3. Registration and use of Services

3.1 You are not eligible and must not apply to become a Member if you are under 18 years of age or have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. (Any breach of this clause is a serious breach of this agreement.)

3.2 We reserve the right in our discretion to refuse any application to become a Member. You shall not become a Member until you receive email confirmation from us.

3.3 You must ensure that all contact and payment information (eg email and postal addresses, credit card numbers) which you provide us are accurate and not misleading and that you will update them so that they remain so.

3.4 We may deactivate accounts of Members who have not used the Services for six months or more and for whom no Subscription remains valid. In the case of paying Members, this six month period begins on the date that the last Subscription expired.

3.5 Our Services include the affinity test and the supply of personality / compatibility reports. These Services are designed to assist you finding suitable matches but of course we cannot give any guarantees of success.

3.6 We also offer a telephone coaching service for subscribers which is designed to help you make the most of our Site. It is not intended as a therapy or counselling service. The service is available in accordance with the criteria mentioned in our FAQs.

Article 4. Safety and Security

4.1 Just so you are clear, we do not advise on or broker marriage or other relationships. Nor do we provide internet access or an electronic communication service to the public.

4.2 Accordingly, we do not have the legal responsibility or technical means (1) to verify the identity of persons who register as Members or use our Services or (2) to verify or monitor Member Content (although we do reserve the right to monitor if we think it appropriate in order to investigate potential breaches of our terms and conditions or to protect us or others). You should not assume that any Member Content is accurate and be aware that a person may not be who he or she claims to be. We cannot be liable for false or misleading statements by Members as these are matters outside our reasonable control. You must take appropriate steps to investigate Member Content if you intend to act on it.

4.3 When arranging to meet another person through use of the Services, you must take appropriate precautions and follow the safety guidelines in our FAQs. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.

4.4 You must take reasonable care to protect and keep confidential your password and other account or identity information. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

4.5 You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password. In such case you should immediately amend your password, using the Services.

Article 5. Member Obligations

5.1 You agree that you will not:

5.1.1 in connection with the Services breach any applicable law, regulation or code of conduct;

5.1.2 publish or send any Member Content or communications to us which are false or misleading (and you agree to update Member Content to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another's privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing;

5.1.3 reveal through the Services any information that enables you to be personally identified or contacted other than through the Services including last name, postal / email address or telephone number;

5.1.4 disclose or make accessible to any third party any username(s), password(s), activation code(s) or similar information allocated to Members or use them for any purpose other than authentication for the Services.

5.1.5 provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent;

5.1.6 publish or send any Member Content which links to any third party websites which are illegal or contain inappropriate content;

5.1.7 use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);

5.1.8 use the Services for junk mail, spam and pyramid or similar or fraudulent schemes;

5.1.9 do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings;

5.1.10 attempt to gain unauthorised access to any part of the Services or equipment used to provide the Services; or

5.1.11 use the Services other than for the purposes set out in these T&Cs and that any breach of the foregoing constitutes a serious breach of this agreement (without prejudice to any other serious breach of this agreement which may occur).

5.2 You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services.

5.3 You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services. Click here to report inappropriate behaviour or suspicious profiles to the moderation team.

Article 6. Member Content

6.1 It is your responsibility to decide which information to publish or send via Member Content. We cannot be held liable for any misuse thereof by any other User or third party.

6.2 We are not responsible for Member Content or other activities of Members which may breach the rights of other Users or third parties.

6.3 We permit Members to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in this agreement in respect of such information which comes to our attention.

6.4 We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content if it breaches our terms and conditions or if necessary to protect us or others.

6.5 We reserve the right to irretrievably delete messages and other Member Content after any period stated in our FAQs or if we exercise any right of termination under this agreement.

Article 7. Intellectual property rights

7.1 The trade marks (including "DatingDirectAffinity.com"), logos, graphics, images, photographs, animation, videos, text and software used in the Services are the intellectual property of us or our partners and your right of use is strictly limited to accessing, downloading, printing and reproducing on all media for your own personal, private and non-commercial use of the Services within the scope of these T&Cs. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.

7.2 You may not link to our Site or include it in part or in whole within another external website without our prior written consent.

7.3 You grant us a worldwide, perpetual, non-exclusive, royalty-free licence to use (including for publicity), copy, alter, adapt, translate, display, sublicence or assign your Member Content on or via our Services or otherwise and on any distribution media including electronic media (including email, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), and audiovisual communications media (including press, radio, analogue television, digital television, cable or satellite). You waive your moral rights in relation to Member Content.

7.4 You may not copy or otherwise use any Member Content of other Members except insofar as strictly necessary for your own personal, private and non-commercial use of the Services within the scope of these T&Cs.

Article 8. Functioning of Site and Services

8.1 To properly use the Services, you must have the necessary hardware, software and settings specified in our FAQs. You will also need reliable internet access. We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing the Services.

8.2 We will do our best to maintain the operation of our Services and to rectify faults if they occure but we cannot guarantee that the Services will be uninterrupted or error-free or will achieve particular results nor do we guarantee integrity or security of data.

8.3 We may have to suspend the Services for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension takes place at a time when our Services are least likely to be used and that the suspension is for the shortest period possible.

8.4 We may make changes to the Services provided that these do not have a significant adverse effect on their quality.

Article 9. Right to cancel under distance selling regulations

9.1 This section applies to you only if you are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 resident within the EU you may cancel your order for the Services by giving us written notice in accordance with the regulations within seven working days of placing your order. Within 30 days of your notice we will provide a refund. However, this right of cancellation does not apply once you have started to use the relevant Services in which case you agree to performance of the contract starting before the usual cancellation period has expired.

Article 10. Payment

10.1 While certain Services are available free of charge, Paid Services are available only to Members with a valid Subscription or otherwise on payment of a fee. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified in our FAQS. Prices are stated in pounds sterling and include tax unless otherwise stated.

10.2 Where specified on the payment page of our Site when you applied for a Subscription, the Subscription will be auto-renewed for the periods stated. Should you wish to avoid having your Subscription auto-renewed you should contact us at least 48 hours before your Subscription is due to expire in order to terminate your Subscription.

10.3 We may at any time change our price for a Subscription. The new rate takes effect if you apply for a new Subscription (whether or not it is your first Subscription) or manually renew your existant Subscription after we have posted the details of our new price on the Site. Auto-renewals of existing Subscriptions will continue at the old price.

Article 11. Termination

11.1 You may at any time terminate your registration with us (whether or not you have a current Subscription) by requesting closure of your account in accordance with our FAQs. We will implement such a request as soon as reasonably practicable. A request for termination under this clause does not give rise to any refund.

11.2 Without prejudice to any other provision in this agreement (including any right of ours to claim damages), we at any time may suspend or terminate your registration:

11.2.1 on seven days notice by email (or without notice if there is a real risk of loss or harm to ourselves or others) without refund if:

a) you have committed a serious breach of this agreement; or
b) any Member Content published or sent by you or your continued registration is seriously damaging or potentially seriously damaging to our business or other Users; or

11.2.2 without cause on seven days notice by email in which case we will provide a full refund of the sum paid for your current Subscription.

11.3 We will notify or confirm any suspension / termination of your registration by email. Following such notification, you must not attempt to re-register as a Member or our Services except where we notify you that a suspension is lifted.

Article 12. Changes to this agreement

12.1 We may change this agreement by posting the revised version on the Site for a reasonable period before it becomes effective. Please check it whenever you visit the Site. You will be bound by the revised agreement if you continue to use our Services following the effective date shown. If any of the changes are important ones which were not made to comply with laws or regulations, and you do not wish to accept the new version, then you should terminate your registration by requesting closure of your account in accordance with our FAQs.

Article 13. Third party websites

13.1 We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.

Article 14. Liability

14.1 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remeding the matter yourself.

14.2 We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

14.2.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

14.2.2 such loss or damage is not a reasonably foreseeable result of any such breach;

14.2.3 such loss or damage is caused by you, for example by not complying with this agreement;

14.2.4 losses relate to a business.

14.3 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control but if our Services are unavailable for more than 30 days you are entilted to terminate the agreement and obtain a refund for the period they were unavailable.

14.4 you be liable for any loss or damage we suffer arising from you not complying with this agreement or misusing our Services.

Article 15. General

15.1 Headings in this agreement are for information only and are not binding. We may assign all or part of our rights or duties under this agreement provided we ensure that your rights unde this agreement and prejudiced. As this agreement is personal to you, you may not assign any of your rights under it without our prior written consent. Any failure by either party to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this agreement.

Article 16. Law and jurisdiction

16.1 This contract is governed by English law and any disputes will be decided only by the courts of the United Kingdom.

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