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Terms and conditions

(Terms of Use: http://www.datingallhours.com and http://www.datingallhours.co.uk, revised on 11th February 2016)

 

1. Introduction

 

1.1 Please read these terms and conditions carefully before using the website datingallhours.com or datingallhours.co.uk ('our', 'we' or 'us'). In particular, we draw your attention to clauses 7 (Applicability of online materials) and 11 (Liability). By checking the tick box marked 'Yes I certify that I am 18 or over and I accept the terms and conditions and privacy policy ' on the 'Create your free dating membership' webpage and accessing or using our website you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.

 

1.2 Without prejudice to the above, by checking the tick box marked 'Yes I certify that I am 18 or over and I accept the terms and conditions and privacy policy' and/or by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.

 

1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.

 

1.4 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.)

 

1.5 Definitions:

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

ii. 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

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

iv. Services the group of services made available by Dating All Hours, 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

v. T&Cs - these terms and conditions

vi. User - means any person who uses the Services

vii. 'Terms of Use' refers to this contract.

 

2. Nature of our website

 

2.1 Our website is aimed as a place for you to meet men and women. Our website describes the services and products in more detail.

 

2.2 Please note that our website is available only to individuals that can form legally binding contracts under applicable law. YOU MUST BE 18 YEARS OLD OR OVER.

 

3. Our contract with you

 

3.1 This clause explains the basis on which you are entering into a legally binding contract with us.

 

3.2 As part of creating a membership you will be given the opportunity to accept these conditions. You will not be able to continue with our service until you check the 'Yes I certify that I am 18 or over and I accept the terms and conditions and privacy policy'. Once you submit your details this will constitute a formal offer by you to enter into a legally binding contract with us. If you do not wish to submit your information to us, please do not click the "Finish and create membership" button.

 

3.3 On receipt we will send to the e-mail address provided by you, details of your profile. Acceptance of your offer by us shall be deemed to have been given as soon as we send you the email. Clicking the same will activate membership.

 

4. Modifications to website

 

4.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.

 

4.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

 

5. Information you provide to us

 

5.1 The following applies to any information you provide to us, for example during any registration or subscription services; you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and e-mail address, to the extent reasonably necessary to provide the subscription services which are available through our website.

 

5.2 By accepting these terms and conditions, you agree to the processing of your Personal Information. If you would like to review or modify any part of your Personal Information then you should enter your profile and modify accordingly.

 

5.3 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us ('Content'):

i.you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;

ii. you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;

iii. you have permission to distribute all images you submit to us;

iv. you must ensure that any person viewable in images submitted to us is aged 18 or over and the image does not include any nudity, obscenity or indecency;

v. you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and

vi. we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

 

5.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.

 

5.5 You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

 

6. Security

 

6.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

 

6.2 We encourage everyone to treat each other with mutual respect. Do not use the website to threaten, harass, stalk, or abuse others participating in any parts of this website. Refrain from all expressions of bigotry, racism, homophobia, hatred, foul language or profanity. Your membership will be terminated if you violate or offend a particular member. By participating in a user-created area, you agree to be bound to the rules of that area.

 

6.3 If you arrange to meet up with another Internet user, always tell a friend where you are going. Always meet in a public place. Do not be afraid to walk away if you feel uncomfortable.

 

6.4 As soon as we are made aware of any activity which breaches any of these Conditions or the Privacy Policy or any applicable laws or regulations, or in the event that our rights, or third party rights are threatened or infringed, prompt action may be taken, which may result in the authorities being informed or your membership being terminated.

 

6.5 As soon as we are made aware of any activity which breaches any of these Conditions or the Privacy Policy or any applicable laws or regulations, or in the event that our rights, or third party rights are threatened or infringed, prompt action may be taken, which may result in the authorities being informed or your membership being terminated.

 

6.6 We do not warrant that the service will be uninterrupted or error- free or that defects in the service will be corrected. You also understand that we cannot and do not guarantee or warrant that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

 

7. Applicability of online materials

 

7.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use. The website is targeted at persons who are 18 years of age or above.

 

7.2 Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.

 

7.3 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

 

7.4 We make no representations and gives no warranties, express or implied that making the service available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the service or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, this website is not offered to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to subscribe. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

 

8. Copyright and monitoring

 

8.1 The contents of our website are protected by international copyright laws and other intellectual property rights. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

 

9. Linked sites

 

9.1 We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Dating All Hours and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accepts any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

 

10. Availability of our website

 

10.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

 

10.2 We do not guarantee that our Services will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. We will use our reasonable endeavours to rectify faults if they do occur.

 

10.3 We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason.

 

10.4 We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.

 

11. Liability

 

11.1 To the fullest extent permitted by law we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any parts of our website or any information or service provided through our website.

 

11.2 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

 

11.3 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.

 

11.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

 

11.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

 

11.6 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.

 

11.7 We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with these T&Cs. 

 

12. Termination

 

12.1 We have the right to terminate this contract at any time immediately without notice if in our reasonable opinion:

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 damaging or potentially damaging to our Site or other Users;

12.2 A Member may at any time and without the need to provide any reason end his/her registration by requesting the closure of his/her account. To request closure a Member must send an email to mail@datingallhours.com from the email address the Member has registered to their account with the subject heading "DELETE" and the Dating All Hours username in the main body of the email. The email address the Member has registered to their account can be found out by logging into the website and going to the 'My Account' webpage. Such request shall be deemed effective from the first working day after receipt of the email request with the required information for closure of the account concerned.

 

13. General

 

13.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

 

13.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

 

13.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.

 

13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

 

13.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

 

13.6 Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.

 

13.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force.

 

13.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999.

 

13.9 To properly use the Services, you must have the necessary hardware, software and settings. You will also need reliable internet access.

 

13.10 Headings in this agreement are for information only and are not binding. 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. This agreement constitutes the entire agreement between you and us in connection with the Services. We may assign all or part of our rights or duties under this agreement; you may not do without our prior written consent.  

 

14. Notices

 

14.1 All notices shall be given:

i. to us via e-mail at mail@datingallhours.com  ; or

ii. to you at either the e-mail or postal address you provide during creating a membership and/or any ordering process.

14.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

 

15. Intellectual property rights

 

15.1 The trade marks (including Dating All Hours®), 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.

 

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

 

15.3 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.

 

15.4 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 Terms and Conditions.

 

16. Member Content

 

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

 

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

 

16.3 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 these Terms and Conditions in respect of such information which comes to our attention.

 

16.4 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 for any reason.

 

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

 

17. Changes to the T&Cs

 

17.1 We may change these T&Cs at any time by posting the revised version on the Site. Please check the T&Cs whenever you visit the Site. You will be bound by the revised T&Cs if you continue to use our Services following the effective date shown on the revised T&Cs.
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